DRC Reso 122R-2003-12
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 122
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
NEW 4,233 SQUARE FOOT TWO-STORY RESIDENCE.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2003-12
Applicant: Arnold Nite
Location: Madrid Road (APN: 356-08-046)
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 is consistent with the Cupertino Comprehensive General Plan, the zoning
ordinance and the purposes of this title.
2. The granting of this permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity.
3. The proposed residence has been designed to be in scale and harmonious with the
general neighborhood.
4. The proposed residence is consistent with design guidelines developed by the Director
of Community Development.
5. The proposed residence will not result in significant adverse visual impacts as viewed
from adjoining properties.
Resolution No. 122 R-2003-12 October 1, 2003
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application 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 R-2003-12 set
forth in the Minutes of the Design Review Committee meeting of, October 1, 2003, and are
incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is for a new two-story residence with a floor area ratio of 45% based on the
plan set entitled "Proposed Two Story Residential Building for Mr. & Mrs. Arnold Nite,
Cupertino CA." received on September 24, 2003.
2. 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 by the Director of Community Development. Proof
of recordation must be submitted to the Community Development Department prior to
final occupancy of the residence.
3. PRIVACY PLANTING PLAN
A revised privacy projection planting plan shall be submitted to the Planning Department
for review and approval prior to issuance of building permits. The plan shall clearly
indicate the cone of vision from all second floor windows. The applicant/ owner shall
work with staff and adjacent affected neighbors to provide taller privacy screen trees
and/or obscured second story windows to address privacy concerns.
4. ROOF PLAN
A revised roof plan shall be submitted to the Planning Department prior to issuance of
building permits. The applicant shall utilize a hip roof design all around, including the
west side elevation.
5. 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
Resolution No. 122 R-2003-12 October 1, 2003
Page 3
Government Code Section 66020(a), has begun. If you 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 1St day of October 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:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
Ls/ Ciddy Wordell
Ciddy Wordell
City Planner
G:\ Planning\ DRC\ res\ R-2003-12 res.doc
Commissioner Wong and Chairperson Saadati
APPROVED:
/s/ Taghi Saadati
Taghi Saadati, Chairperson
Design Review Committee