DRC Reso 099R-2002-17
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 99
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING A NEW TWO-STORY RESIDENCE WITH A
FLOOR AREA RATIO OF 45 % ON A 5,355 SQUARE FOOT PARCEL.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2002-17
Applicant: Rob McCready
Location: 18840 Tuggle Avenue
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 the special 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.
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
Resolution No. 99 R-2002-17 December 18, 2002
Page 2
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-2002-17 set
forth in the Minutes of the Design Review Committee meeting of, December 18, 2002, 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% and a
second -story that is 35% of the first -story based on the design in the plan set entitled
"Proposed Custom Home for Rob McCready" by Roaten Hinson Architect, dated
November 25, 2002.
2. PRIVACY PROTECTION PLANTING
The applicant shall Italian Cypress shrubs along the rear property line, consistent with the
R1 Ordinance. The locations for planting should avoid future conflicts with overhead
utility lines. A privacy -planting plan will be required at the Building Permit stage, subject
to the approval of the Director of Community Development.
3. 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.
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. 99 R-2002-17 December 18, 2002
Page 3
PASSED AND ADOPTED this 18th day of December 2002, 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: Chen and Chairperson Saadati
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST: APPRO ED:
r
Ciddy Wordell v Tag Saadati, Chairperson
City Planner D sign Review Committee