DRC Reso 111ASA -2003-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 111
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE REVIEW OF A NEW TWO-STORY
DUPLEX WITH A FLOOR AREA RATIO OF 45 % AND A SECOND STORY THAT IS 45 %
OF THE FIRST STORY IN THE R2 ZONING DISTRICT.
SECTION I• PROTECT DESCRIPTION
Application No.: ASA -2003-01
Applicant: Dennis Lee (Li Sheng Fu)
Location: 10588-10590 Santa Lucia Road
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 proposal, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2. The proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. The project allows for variety in housing opportunities within the community while
maintaining the existing neighborhood character by maintaining a maximum floor
area ratio that is consistent with the maximum allowed in the neighborhood;
4. Abrupt changes in building scale is avoided and a gradual transition related to height
and bulk is achieved between new and existing buildings by limiting the second story
to no more than 45 % of the first story;
5. Design harmony between new and existing buildings is protected through the use of
consistent or compatible design and color schemes;
6. The new development is designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures.
Resolution No. 111 ASA -2003-01 July 2, 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 ASA -2003-01
set forth in the Minutes of the Design Review Committee meeting of, July 2, 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 3,776 square foot two-story duplex with a maximum floor area
ratio of 45% and maximum second story area of 45% of the ground floor, based on the
design in the plan set entitled "New Duplex @ 10583-10590 Santa Lucia Rd. Cupertino,
CA" by LHA, dated April 25, 2003, revised on June 16, 2003, as amended by this
resolution.
2. ENTRY ELEMENT
The entry element shall be revised to incorporate a wider stone veneer base and thicker
wood posts.
3. PRIVACY PROTECTION
The applicant shall submit a privacy protection plan based on the R1 Ordinance, subject
to the approval of the Director of Community Development, prior to the issuance of
building permits. 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.
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 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.
Resolution No. 111 ASA -2003-01 July 2, 2003
Page 3
PASSED AND ADOPTED this 2nd day of July 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:
ATTEST:
/s/ Ciddy Wordell
Ciddy Wordell
City Planner
G:\Planning\DRC\res\ASA-2003-01 res.doc
APPROVED:
/ s / Taghi Saadati
Taghi Saadati, Chairperson
Design Review Committee