DRC Reso 02107-R-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 21
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW
TWO STORY RESIDENCE WITH A 37.8% FLOOR AREA RATIO AND AN EXCEPTION TO
ALLOW A SECOND STORY THAT IS 38.6% OF THE FIRST STORY AREA WHERE 35% IS
REQUIRED.
SECTION I: 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 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 addition is harmonious in scale and design with the general neighborhood.
4. The proposed addition/home is generally consistent with design guidelines developed by the
Director of Community Development.
5. The proposed addition/home will not result in significant adverse visual impacts as viewed from
adjoining properties.
6. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit. and
intent of this chapter.
7. The granting of the exception will not result in a condition that is materially detrimental to the
public health, safety and welfare.
8. 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.
9. The proposed exception will not result in significant visual impacts as viewed from abutting
properties.
Resolution No. 21 07-R-00 September 13, 2000
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the second story deck exception 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 07-R-00 set forth in the Minutes of
the Design Review Committee meeting of, September 13, 2000, and are incorporated by reference as
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 07-R-00
Applicant: Barbara Gwozdz
Location: 10363 Byrne Avenue
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROJECT
This approval is for a new two-story residence with a floor area ratio of 37.8%, and a 761 square
foot second story. The design is based on the plan set entitled "10363 Byrne Avenue" dated
January 2000, as amended by this resolution.
2. DESIGN MODIFICATIONS
A finish material such as stone or brick veneer shall be added to the base of the structure to add
weight to the base and reduce the relative visual mass of the structure.
3. PRIVACY PROTECTION
Privacy planting will be provided along the side and rear property lines in the areas shown on the
Sheet S, site plan of the approved plan set.
4. FRONT YARD TREE PLANTING
A minimum of one 24" box tree shall be planted in the front yard of the property. If the Public
Works Department does not require a street tree in the park strip fronting Byrne Avenue, then the
applicant shall plant one additional 15 gallon tree in the front yard of the property. The tree(s) shall
be selected from Appendix A, page 2 of Section 19.28.140 of the Cupertino Municipal Code.
Resolution No. 21 07-R-00 September 13, 2000
Page 3
5. CHIMNEYS
Addition of a chimney to the residence will require a modification to this approval and must be
approved by the Design Review Committee.
6. GRADING
The final grading plan will be subject to review and approval by the Director of Community
Development prior to issuance of grading and building permits.
PASSED AND ADOPTED this 131h day of September, 2000, 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: Kwok, Chairperson Stevens
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Ciddy Wordell
City Planner
g/planning/dre/07-R-00 reso.doc
APPROVED:
J rry Stevens, Chairperson
Design Review Committee