DRC Reso 080R-2001-17
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 80
OF THE DESIGN REVIEW COMMITTEE APPROVING A NEW 2,411 SQUARE FOOT TWO-
STORY RESIDENCE WITH A BASEMENT RESULTING IN A FLOOR AREA RATIO OF 45 %
AND AN EXCEPTION FOR A SECOND STORY DECD.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2001-17
Applicant: Papken Der Torossian (Dennis Norton)
Location: 10430 Stern 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 Planning Commission has held, one or more
public hearings on this matter; and
WHEREAS, the applicant has not met the burden of proof required to support said
application; and has not satisfied the following requirements:
1. The project is with the Cupertino Comprehensive General Plan, the zoning ordinance,
and the purposes of this title.
2. The granting of this permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity.
3. The proposed residence will be in scale and harmony with the general neighborhood,
since the second story has sufficient transition from single -story to two-story elements
and the proposed residence as conditioned with use materials that are compatible with
the predominant neighborhood pattern.
4. The proposed residence is consistent with the design guidelines approved by the City
Council. The project provides adequate transition from one-story elements to two-
story elements where the neighboring homes are single -story.
5. The proposed residence will not result in significant adverse visual impacts as viewed
from adjoining properties.
6. The deck design is such that it decreases privacy intrusion to adjoining properties to
the greatest extent, due to the small size of the deck and the privacy planting
proposed.
Resolution No. 80 R-2001-17 June 5, 2002
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the request for design review and a deck exception is hereby
approved; 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-2001-17 set
forth in the Minutes of the Planning Commission meeting of, June 5, 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 2,411 sq. ft., two-story residence with a second story deck
based on the plan set entitled "Der Torossian Residence" by Dennis Norton, Home Design
and Project Planning, last updated May 6, 2002, as amended by this resolution.
2. WOOD TRIM
Wood trim and sills shall be used around all windows and doorways. The trim and sills
shall not be painted to match the stucco wall exterior.
3. BASEMENT
The design of the lightwell/stairwell serving the proposed basement shall comply with
Section 19.28.060 of the Cupertino Municipal Code, to the satisfaction of the Director of
Community Development, prior to the issuance of building permits.
4. GARAGE
The visual alignment of elements along the garage fagade shall be improved, to the
satisfaction of the Director of Community Development, prior to the issuance of building
permits.
5. PRIVACY TREES
The approved privacy plan proposes 12' tall Cypress trees in the southeastern corner of
the property. In the event that the applicant is unable to acquire 12' Cypress trees, the
tree species may be substituted with another species enumerated in Chapter 19.28 of the
Cupertino. Municipal Code. The substituted specimens must be at least 12' tall when
planted.
6. 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
Resolution No. 80 r-2001-17 June 5, 2002
Page 3
of recordation must be submitted to the Community Development Department prior to
final occupancy of the residence.
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.
APPROVED this 5t1-1 day of June 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: Commissioner Saadati and Chairperson Auerbach
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Ciddy Wordell
City Planner
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Design Review Committee