DRC Reso 198R-2005-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 198
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN
EXCEPTION FOR A 1,622 SQUARE FOOT SECOND -STORY EXCEEDING 35 % OF THE
FIRST STORY
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
R-2005-02
Steve Nelson (Wu)
11150 Bubb 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. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title.
2. That the approval of the exceptions will not result in a condition that is materially
detrimental to the public health, safety, or welfare.
3. That the exceptions to be granted are ones that will require the least modification of the
prescribed regulations and the minimum variance that will accomplish the purpose.
4. The proposed exception will not result in significant visual impact as viewed from
abutting 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
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-2005-02 set
forth in the Minutes of the Design Review Committee meeting of, February 2, 2005, and are
incorporated by reference as though fully set forth herein.
r
Resolution No. 198 R-2005-02 February 2, 2005
Page 2
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT.
DEPT.
1. APPROVED PROTECT
This approval is based on a plan set entitled, "A Proposed New Second Floor Addition
for: Tin Wu and Liz Yenli Chu, 11150 Bubb Road, Cupertino, CA", consisting of ten
sheets, except as may be amended by conditions in this resolution.
2. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the Design
Review Committee:
3. BUILDING PERMIT SUBMITTAL
This approval is valid only if the applicant submits a complete building permit
application package to the Building Department for the prior. to March 1, 2005.
4. 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.
5. ADDITIONAL PRIVACY PLANTING
Additional privacy planting (in addition to existing vegetations) shall be provided along
the rear (east) property boundary in a manor satisfactory to the Director of Community
Development. The applicant is encouraged to work with the adjoining neighbor and
come up with the appropriate number and type of additional trees or shrubs (from the
City approved tree list). In the event an agreement can not be met, appropriate plantings
shall be determined by the Director of Community Development.
,6. DRAINAGE
The applicant must work with Public Work staff to address drainage issues and minimize
drainage impacts of this project. A detailed drainage plan shall be reviewed and
approved by the Public Works Department prior to issuance of building Permits. The
drainage design must maximize onsite water retention and provide measures to prevent
water flowing on the adjacent neighbor's property.
7. DRIVEWAY DESIGN & MATERIAL
The applicant shall revise the driveway design to minimize the amount of paving
materials and the width of the driveway must be kept to a standard two -car width cut.
The driveway can be flared out (pork chop design) to accommodate the third stall.
Pervious pavers or turf blocks shall be used instead of asphalt or concrete. The revised
Resolution No. 198 R-2005-02 February 2, 2005
Page 3
driveway design and materials shall be reviewed and approved by the Planning
Department prior to issuance of building permits.
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 2nd day of February 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 Giefer and Chairperson Miller
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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2 7 zCCA'-',�
Ciddy Wordel
City Planner
P
MartyMille , Chairperson
Design R�wv Committee