DRC Reso 216R-2005-17, RM -2005-15
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 216
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A RESIDENTIAL DESIGN REVIEW FOR A NEW 2,700 SQUARE FOOT RESIDENCE
AND AN EXCEPTION FOR FIVE-FOOT SIDE YARD SETBACKS AND A MINOR
RESIDENTIAL PERMIT FOR A SECOND STORY DECK IN ACCORDANCE WITH
CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2005-17, RM -2005-15
Applicant/ Owner: Sesharao Patchipala
Location: 10455 Byrne Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a new two-story 2,700 square foot residence and an exceptions for five-
foot side yard setbacks and a minor residential permit for a second story deck, as
described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area and the following exception and second story
deck findings can be met;
1. That the literal enforcement of the provisions of this will result in restrictions
inconsistent with the spirit and intent of this title in that the proposed project is
consistent with the spirit and intent of the.zoning ordinance and will not impact
the neighborhood.
2. The granting of the exception will not result in a condition that is materially
detrimental to the public health, safety, or 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.
Resolution No. 216 R-2005-17, RM -2005-15 July 7, 2005
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4. The proposed exception will not result in significant visual impact as viewed
from abutting properties.
5. The project is consistent with the Cupertino General Plan, any applicable specific
plans, zoning ordinances and the purposes of this title.
6. The granting ,of the permit will not result in a condition that is detrimental or
injurious to the property or improvements in the vicinity, and will not be
detrimental to the public health, safety or welfare.
7. The proposed project is harmonious in scale and design with the, general
neighborhood.
8. Adverse visual impacts on adjoining properties have been reasonably mitigated.
NOW, THEREFORE, BE IT RESOLVED'.
That after careful consideration of maps, facts, .exhibits, testimony and other evidence
submitted in this matter, the applications no. R-2005-17 and RM=2005-15, are hereby
approved; and That the sub conclusions upon which the findings and conditions
specified in this Resolution are based and contained in the public hearing record
concerning Applications R-2005-17 and RM -2005-15 as set forth in the Minutes of the
Design Review Committee Meeting of July 7, 2005, and are incorporated by reference
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set entitled: "Patchipala Residence, 10455 Byrne
Avenue, Cupertino, CA" Consisting of three sheets labeled: A-1 - A-3 dated June 28,
2005, except as may be amended by conditions contained in this resolution.
2. PRIVACY PROTECTION PLANTING
The applicant/property owner shall plant City approved privacy protection screen
trees/ shrubs along the southeast and northeast property lines to properly screen the
two second story decks proposed along the rear elevation of the house. Revised
landscaping plan shall be submitted to the Planning Department for review and
approval prior to issuance of building permits.
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 of Planning staff.
Resolution No. 216 R-2005-17, RM -2005-15 July 7, 2005
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Proof of recordation must be submitted to the Community Development
Department prior to final occupancy of the residence.
4. REVISIONS TO THE ELEVATION DRAWINGS
The elevations must be revised to show correct project setback. The building
envelope must be revised as. well to be consistent with the R1 Ordinance. Revised
plans shall be submitted to the Planning Department prior to issuance of building
permits for approval. Any deviation from the R1 Ordinance will either invalidate
this approval or require additional approval.
5. BATHROOM WINDOW
The second story bathroom window facing south shall be frosted or obscured.
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6. GARAGE DIMENSION
The minimum interior garage clear shall be 20 feet by 20 feet (measured from
interior walls).
7. SECOND FLOOR SETBACK
The second floor setbacks shall be consistent with the R1 Ordinance. The plans
submitted to the Design Review Committee had a minor error on it that will need to
be corrected with regards to the second floor setback surcharge. Revised plans shall
be submitted to the Planning Department prior to issuance of building permits for
review and approval.
8. 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 7th day of July 2005, 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 Acting Chairperson Giefer
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairperson Miller
Resolution No. 216 R-2005-17, RM -2005-15
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ATTEST:
Steve Piasecki
Community Development Director
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July 7, 2005