DRC Reso 116R-2003-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 116
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN
EXCEPTION TO SECTION 19.28.060 TO ALLOW A SECOND -STORY TO BE 37.5% OF THE
FIRST FLOOR AREA FOR A NEW TWO-STORY RESIDENCE.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2003-08
Applicant: Byron Navid
Location: 10950 Stevens Canyon Road, Lot 3
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 literal enforcement of this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter due to the use of high quality materials.
2. 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.
3. 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.
4. The proposed exception will not result in significant visual impacts as viewed from
abutting properties.
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 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-2003-08 set
Resolution No. 116 R-2003-08 September 3, 2003
Page 2
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
for a new two-story residence with a floor area ratio less than 35% and a second story that
is 37.5% of the first story, conceptually based on the plan set entitled "Custom Home:
Navico Inc., Building #3" by Glush Design Associates, dated May 2003, last updated
August 20, 2003, as amended by this resolution.
2. 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, brick windowsills, exterior lighting, windows, solid pier
design along the wrought iron railing, trim and fascia boards.
3. 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 window heads on the second floor, study of the parapet entry element and the
appropriateness of the column sizes, railing contained within solid piers, and the
landscape design of the front yard.
4. FRONT YARD TREE PLANTING
A 24" box tree shall be planted in the front yard of Lot 3, defined as the northerly section
of the property, to screen the mass and bulk of the residence. The determination of the
precise location and species shall be approved by Planning staff prior to the issuance of
building permits. This tree shall be included in the covenant described in Condition 5 of
this resolution.
5. PRIVACY PROTECTION
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 Planning staff. 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,
at a minimum consisting of land dedication, curb and gutter installation along the front of
the property, a meandering asphalt sidewalk and the use of permeable pavers for the
Resolution No. 116 R-2003-08 September 3, 2003
Page 3
driveway, subject to approval by 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. 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:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
s / Ciddy Wordell
Ciddy Wordell
City Planner
Commissioner Wong and Chairperson Saadati
APPROVED:
/ s / TagW Saadati
Taghi Saadati, Chairperson
Design Review Committee