DRC Reso 118R-2003-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 118
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
SPECIAL PERMIT TO ALLOW A NEW TWO-STORY HOUSE WITH A 43 % FLOOR AREA
RATIO AND AN EXCEPTION TO SECTION 19.28.060 OF THE MUNICIPAL CODE TO
ALLOW A SECOND STORY TO BE 38 % OF THE FIRST STORY.
SECTION I: PROTECT DESCRIPTION
Application No.: . R-2003-10
Applicant: Byron Navid (Navico)
Location: 10950 Stevens Canyon Road, Lot 2
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. 118 R-2003-10 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 exception 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-2003-10 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 one exception to Section 19.28.060 of the Cupertino Municipal Code to
allow a second story to be 37.9% of the first story and a Special Permit to allow a new two-
story residence with a floor area ratio of up to 43%, conceptually based on the plan set
entitled "Custom Home: Navico Inc., Building #2" by Glush Design Associates,' dated
May 2003, last updated August 20, 2003. as amended by this resolution.
2. SECOND STORY REDESIGN
The applicant shall redesign the second story to shift the mass of the second story to
provide at least a 30 -foot rear second -story setback. The applicant shall take steps to
mitigate the mass and bulk of the new design to the satisfaction of Planning staff prior to
the application for building permits.
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 wrought iron railing, window trim and brackets, exterior lighting, windows, trim
and fascia boards.
4. CONSULTING ARCHITECT COMMENTS
The applicant shall address all comments from the City's Consulting Architect to the
satisfaction of Planning staff prior to issuance of building permits. The comments address
high windows heads on the first floor and column sizes on the entry.
Resolution No. 118 R-2003-10 September 3, 2003
Page 3
5. FRONT YARD TREE PLANTING
The required front yard tree planting in the R1 Ordinance is waived due to the presence
of the 40" Cedar tree that will be retained.
6. 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.
7. 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 40"
Cedar tree will be included in the covenant as a protected tree. 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.
8. PUBLIC IMPROVEMENTS/ STORM WATER RUNOFF
Public improvements and storm water runoff mitigation may be required for this project
including a meandering asphalt sidewalk along Stevens Canyon Road and the use of
permeable pavers for the driveway, subject to approval by the City Engineer and
Planning staff.
9. 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. 118 R-2003-10 September 3, 2003
Page 4
ATTEST:
APPROVED:
/ s / Ciddy Wordell / s / Taghi Saadati
Ciddy Wordell Taghi Saadati, Chairperson
City Planner Design Review Committee