DRC Reso 03316-R-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 33
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW
1,352 SQ.FT. ADDITION TO AN EICHLER-STYLE RESIDENCE, INCLUDING A 709 SQ. FT.
SECOND STORY RESULTING IN A FLOOR AREA RATIO OF 42%, AN EXCEPTION TO
SECTION 19.28.060 OF THE MUNICIPAL CODE AND A SECOND STORY EXCEPTION.
SECTION I: PROJECT DESCRIPTION
Application No.: 16-R-00
Applicant: Dennis Shafer,
Location: 6298 Shadygrove Court
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Design Review Committee has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1. The project will be consistent with the Cupertino Comprehensive General Plan, any applicable
specific plans, zoning ordinances and the purposes of this title.
2. The granting of the special permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity.
3. The proposed addition is harmonious in scale and design with the general neighborhood, as the
design maintains the Eichler style and conforms to the adopted Eichler design guidelines.
4. The proposed addition/home is consistent with design guidelines developed by the Director of
Community Development.
5. The proposed addition/home will not result in significant adverse visual .impacts as viewed from
adjoining properties since existing trees on-site will screen views from the street and from
neighboring properties.
6. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and
intent of this chapter, as the house is in a special Eichler style neighborhood, and in order to meet
the restrictions in the chapter, the design must be altered to contrast and conflict with the
neighborhood style and the adopted Eichler design guidelines.
Resolution No.33 16-R-00 January 10, 2001
Page 2
7. The granting of the exception will not result in a condition that is materially detrimental to the
public health, safety and welfare.
8. The exception to be granted is one that will require the least modification of the prescribed design
regulation and the minimum variance that will accomplish the purpose.
9. The proposed exception will not result in significant visual impacts as viewed from abutting
properties since existing trees on site will screen much of the visual mass of the second story.
10. The deck design is such that it decreases privacy intrusion to adjoining properties to the greatest
extent. The applicant proposes walls and landscaping to block sensitive views into neighboring
yards.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the design approval, exception to Section 19.28.060 and the second story deck exception is
hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2
thereof, and
That the subconclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application 16-R-00 Set forth in the Minutes of
the Design Review Committee meeting of, January 10, 2001, and are incorporated by reference as
though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROJECT
This approval is for a new two-story residence with a floor area ratio of 42%, and a 709 square foot
second story. The design is based on the plan set entitled "6298 Shadygrove Court: A Second
Story Addition" by Dennis E. Shafer, dated December 5, 2000, as amended by this resolution.
2. PRIVACY PROTECTION
Prior to the issuance of building permits, the applicant shall provide a waiver of privacy protection
from the easterly neighbor, shall plant privacy protection subject to Chapter 19.28 of the Cupertino
Municipal Code, or shall install a six-foot screen wall along the east -side of the second -story deck,
subject to approval by the Director of Community Development. In the event that privacy
protection is waived by the easterly neighbor and the majority of the existing trees on the easterly
neighbor's property are removed at any time in the future, the applicant shall provide privacy
planting or install a screen wall to mitigate views to the east.
3. EXISTING TREES
Two existing Podocarpus trees shall be retained for the purpose of screening the visual mass of the
second story. In the event that the trees damaged by construction, the applicant shall plant two
similar trees in similar locations subject to approval by the Director of Community Development.
These two trees shall be protected in the same manner as privacy protection and specimen trees.
Resolution No. 33 16-R-00 January 10, 2001
Page 3
PASSED AND ADOPTED this Ioth day of January, 2001, at a Regular Meeting of the Design Review
Committee of the City of Cupertino, State of California, by the following roll call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
Ciddy Worde l
City Planner
g/planning/dre/16-R-00 reso.doc
OVED:
Review Committee