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DRC Reso 117R-2003-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 117 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A SPECIAL PERMIT TO ALLOW A NEW TWO-STORY HOUSE WITH A 42.7% FLOOR AREA RATIO AND EXCEPTIONS TO SECTION 19.23.060 OF THE MUNICIPAL CODE RELATING TO THE SIZE OF THE SECOND STORY AND SECOND STORY WALL OFFSETS. SECTION I: PROTECT DESCRIPTION Application No.: R-2003-09 Applicant: Byron Navid (Navico) Location: 10950 Stevens Canyon Road, Lot 1 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 literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 3. The granting of the exceptions and special permit will not result in a condition that is materially detrimental to the public health, safety and welfare. 4. 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. 5. The proposed exceptions will not result in significant visual impacts as viewed from abutting properties. 6. The proposed addition is harmonious in scale and design with the general neighborhood, since two-story homes are the predominant pattern of development on Miramonte Road. 7. The proposed house design does not include exaggerated wall heights or out -of -scale elements and is therefore consistent with design guidelines developed by the Director of Community Development and approved by the City Council. Resolution No. 117 R-2003-09 September 3, 2003 Page 2 8. The proposed house will not result in significant adverse visual impacts beyond what would be expected from a smaller two-story house that would not require a special permit. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the exceptions to Section 19.28.060 and the special permit are 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-2003-09 set forth in the Minutes of the Design Review Committee meeting of, September 3, 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 Special Permit to allow a new two-story residence with a floor area ratio of 42.7% and three exceptions: a second story that is 37.4% of the first story; no second story wall offset on the elevation facing Stevens Canyon Road; and a reduction in the street side setback to no less than 9 feet. The approval is conceptually based on the plan set entitled Custom Home: Navico Inc., Building 1" by Glush Design Associates, dated May 2003, last updated on August 20, 2003, as amended by this resolution. 2. SECOND STORY WALL The applicant shall add at least two more small windows on the second story wall plane facing Stevens Canyon Road, subject to the approval of the Director of Community Development. 3. MATERIALS The applicant shall provide details and examples of materials in the building plans to the satisfaction of Planning staff prior to the issuance of building permits. Details must include brick windowsills, wrought iron railing, decorative rafter ends, trim and fascia boards. 4. PRIVACY PLANTING The applicant shall plant privacy screening and irrigation once the exterior construction is complete. Existing shrubs should be retained wherever possible. New screening shrubs shall be planted in addition to the required trees shown on the approved plan set. Planning staff shall make the final determination of whether it is not possible or appropriate to plant additional landscaping for privacy screening. Resolution No. 117 R-2003-09 September 3, 2003 Page 3 5. 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. 6. PUBLIC IMPROVEMENTS/STORM WATER RUNOFF Public improvements and storm water runoff mitigation may be required for this project including land dedication, installation of curb and gutter, a meandering asphalt sidewalk along Stevens Canyon Road and the use of permeable pavers for the driveway, subject to the approval of the City Engineer and Planning staff. An irrevocable offer of dedication shall be provided for future pedestrian and bicycle route improvements along Stevens Canyon Road to the satisfaction of the City Engineer. The offer shall be for eight feet of the property measured parallel to the front property line in addition to the required dedication for the construction of the house. 7. TREE REMOVAL PERMIT The applicant shall obtain a tree removal permit from the Planning Commission to remove the 30" Cedar tree on Lot 1. Failure to obtain said tree removal permit prior to the expiration of this permit will make this resolution null and void. 8. 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 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 September 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 Wong and Chairperson Saadati NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Resolution No. 117 R-2003-09 September 3, 2003 Page 4 ATTEST: APPROVED: /s/ Ciddy Wordell /s/ Taghi Saadati Ciddy Wordell Taghi Saadati, Chairperson City Planner Design Review Committee