DRC Reso 130R-2003-16
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 130
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
FIRST AND SECOND STORY ADDITIONS TO AN EXISTING HOUSE, AN
EXCEPTION TO SECTION 19.28.060 OF THE CUPERTINO MUNICIPAL CODE FOR
VISIBLE SECOND STORY WALL HEIGHTS AND A SECOND STORY DECK
EXCEPTION.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2003-16
Applicant/ Owner: Theodore A. Smith (Dennis Houlsby)
Location: 10255 Mira Vista Drive
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a special permit, R1 exception and second -story deck exception, as
described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area and the following exception findings can be met;
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, and will not
be detrimental to the public health, safety or welfare.
3. The proposed addition is harmonious in scale and design with the general
neighborhood.
4. The proposed addition is consistent with design guidelines approved by the City
Council.
5. The proposed addition will not result in significant adverse visual impacts as
viewed from adjoining properties.
6. The literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title.
7. That the granting of the exception will not result in a condition, which is
materially detrimental to the public health, safety, or welfare.
Resolution No. 130 R-2003-16 December 3, 2003
Page 2
8. That the exception to be granted is one that will require the least modification of
the prescribed regulations and the minimum variance that will accomplish the
purpose.
9. The proposed residence will not result in significant adverse visual impacts as
viewed from adjoining properties.
10. The proposed second story deck is designed such that it decreases privacy
intrusion to adjoining properties to the greatest extent.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application no. R-2003-16, is hereby approved; 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
R-2003-16 as set forth in the Minutes of the Design Review Committee Meeting of
December 3, 2003, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set entitled: "1St and 2nd Story Room Additions For:
Dennis and Shelly Houlsby," consisting of eight sheets labeled 1, 2, 3, 5, 10 and 11
dated June 26, 2003 last updated July 23, 2003, except as amended by this resolution.
2. PRIVACY PROTECTION
Privacy protection issues shall be addressed prior to the foundation inspection.
3. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future
property owners of the privacy protection measures and tree protection
requirements. The precise language will be subject to approval of Planning staff.
Proof of recordation must be submitted to the Community Development
Department prior to final occupancy of the residence.
4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90 -day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
Resolution No. 130 R-2003-16 December 3, 2003
Page 3
fail to file a protest within this 90 -day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 3rd day of December 2003, 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: Commissioner Miller and Acting Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairperson Saadati
ATTEST:
/s/ Ciddy Wordell
Ciddy Wordell
City Planner
G: \ Planning \ DRC \ res \ R-2003-16 res.doc
APPROVED:
/s/ Gilbert Wong
Gilbert Wong, Acting Chairperson
Design Review Committee