DRC Packet 10-21-2021CITY OF CUPERTINO
DESIGN REVIEW COMMITTEE
AGENDA
This will be a teleconference meeting without a physical location
Thursday, October 21, 2021
5:00 PM
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Government Code 54953(e), this will be a teleconference meeting
without a physical location to help stop the spread of COVID-19.
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 4:00 p.m. on Thursday, October 21 to the Committee at
planning@cupertino.org. These e-mail comments will be received by the Committee
members before the meeting and posted to the City’s website after the meeting.
2) E-mail comments during the times for public comment during the meeting to the
Committee at planning@cupertino.org. The staff liaison will read the emails into the record,
and display any attachments on the screen, for up to 3 minutes (subject to the Chair’s
discretion to shorten time for public comments). Members of the public that wish to share a
document must email planning@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public
comments as follows:
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item.
To address the Committee, click on the link below to register in advance and access the
meeting:
Online
Please click the link below to join the webinar:
Page 1
DRC 10/21/2021
1 of 56
Design Review Committee Agenda October 21, 2021
https://cityofcupertino.zoom.us/webinar/register/WN_nDaQWw2rT3aALuTBQAN0pw
Phone
Dial: (669) 900 6833 and enter Webinar ID: 963 8192 7722 (Type *9 to raise hand to speak)
Unregistered participants will be called on by the last four digits of their phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 963 8192 7722
SIP: 96381927722@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Chair calls for the item on which you wish to speak, click on “raise hand.”
Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approve the January 21 Design Review Committee Minutes
Recommended Action: Approve the January 21 Design Review Committee Minutes
1 - Draft Minutes
2.Subject: Approve the May 20 Design Review Committee Minutes
Recommended Action: Approve the May 20 Design Review Committee Minutes
Page 2
DRC 10/21/2021
2 of 56
Design Review Committee Agenda October 21, 2021
1 - Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Committee on any matter
within the jurisdiction of the Committee and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
PUBLIC HEARINGS
3.Subject: Consider an R1 Exception Permit to allow a reduced side-yard setback of
5-feet to accommodate a new garage addition to an existing single-family residence
where a combined side-yard setback of 15-feet is required in the R1-7.5 Zoning District
(Application No.: EXC-2021-001; Applicant: Raghu Kumar Devarakonda; Location:
10300 Imperial Avenue; APN: 357-19-052)
Recommended Action: That the Design Review Committee adopt the draft resolution
(Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the R-1 Exception (EXC-2021-001).
Staff Report
1 - Draft Resolution
2 - Plan Set
3 - Monta Vista Residences with Reduced First-Floor Side-Yard Setbacks
4.Subject: Sign Exception to allow for a second wall sign on a commercial building where
only wall sign is permitted (Mattress Firm). (Application No. EXC-2021-001; Applicant:
Tracey Diehl (Expedite the Diehl); Location: 20510 Stevens Creek Boulevard; APN:
359-08-018)
Recommended Action: That the Design Review Committee adopt the draft resolution
(Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the Sign Exception (EXC-2021-002).
Staff Report
1 - Draft Resolution
2 - Plan Set
OLD BUSINESS
NEW BUSINESS
STAFF AND COMMITTEE REPORTS
Page 3
DRC 10/21/2021
3 of 56
Design Review Committee Agenda October 21, 2021
FUTURE AGENDA SETTING
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the
meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability,
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format.
Any writings or documents provided to a majority of the members after publication of the agenda will
be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at
10300 Torre Avenue, Cupertino, California 95014, during normal business hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff
concerning a matter on the agenda are included as supplemental material to the agendized item. These
written communications are accessible to the public through the City’s website and kept in packet
archives. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
Members of the public are entitled to address the members concerning any item that is described in the
notice or agenda for this meeting, before or during consideration of that item. If you wish to address the
members on any other item not on the agenda, you may do so during the public comment.
Page 4
DRC 10/21/2021
4 of 56
CITY OF CUPERTINO
Agenda Item
21-9987 Agenda Date:
10/21/2021 Agenda #: 1.
Subject: Approve the January 21 Design Review Committee Minutes
Approve the January 21 Design Review Committee Minutes
CITY OF CUPERTINO Printed on 10/14/2021Page 1 of 1
powered by Legistar™
DRC 10/21/2021
5 of 56
Design Review Committee
January 21, 2021
Cupertino, CA 95014
(408) 777-3308
ACTION MINUTES OF THE REGULAR MEETING OF
THE DESIGN REVIEW COMMITTEE HELD ON January 21, 2021
ROLL CALL
Committee Members present: R Wang, Chair
David Fung, Commissioner
Committee Members absent: none
Staff present: Lauren Ninkovich, Assistant Planner
Erick Serrano, Senior Planner
APPROVAL OF MINUTES:
1. April 16, 2020
The minutes of April 16, 2020 were approved as written
ORAL COMMUNICATION:
None
WRITTEN COMMUNICATIONS:
None
CONSENT CALENDAR:
None
PUBLIC MEETING:
2. Application No.(s): EXC-2020-006
Applicant: Manju Radhakrishnan (Radhakrishnan residence)
Location: 10330 Menhart Lane APN: 375-16-017
Fence Exception to allow a six (6) foot front yard fence in the required 20’ front yard setback area
Design Review Committee decision final unless appealed.
Staff Member Ninkovich reviewed the project with the Committee. The Applicant is proposing to
construct a fence along a portion of the front yard of their home. The property is roughly triangular in
shape making the rear yard the smaller of the two. The applicant would like to install the fence to
provide privacy and more usable yard space. They are not proposing to remove the trees in the yard. A
Fence Exception is required as the applicant wants to install a six (6) foot high fence where a three (3)
foot is allowed. The Public Works department has reviewed the plans. They found that due to the curve
of the road, the proposed placement of the fence will not cause an issue with traffic sightlines. The
applicant and homeowner, Mr. Radhakrishnan, addressed the Committee. He thanked Staff for their
help. He expressed the need for his family to have some more useable outdoor space and privacy. The
front window of the home faces Menhart Lane so they do not open the drapes.
DRC 10/21/2021
6 of 56
2 Design Review Committee
January 21, 2021
The Committee members reviewed the fence setback requirements from the sidewalk and the property
line and the site plans. Staff confirmed that the proposed fence will be at the proper setback allowed per
the Code. The Committee members concurred that the lot has a very small rear yard so providing space
in the front would increase the “livability” of the home.
Chair Wang opened the Public Comment period.
There were no speakers
Chair Wang closed the Public Comment period.
Chair Wang agreed with Committee Member Fung’s thoughts that the addition of the fence would not
adversely affect the neighbors or cause a sightline hazard to motorists rounding the curve on Menhart
Lane.
MOTION: Commissioner Fung moved to approve EXC-2020-006 per the draft resolution
APPROVE: Chair Wang
ABSENT: none
ABSTAIN: none
VOTE: 2-0-0
OLD BUSINESS:
None
NEW BUSINESS:
None
Respectfully submitted:
/s/Beth Ebben
Beth Ebben
Deputy Board Clerk
DRC 10/21/2021
7 of 56
CITY OF CUPERTINO
Agenda Item
21-9993 Agenda Date:
10/21/2021 Agenda #: 2.
Subject: Approve the May 20 Design Review Committee Minutes
Approve the May 20 Design Review Committee Minutes
CITY OF CUPERTINO Printed on 10/14/2021Page 1 of 1
powered by Legistar™
DRC 10/21/2021
8 of 56
Design Review Committee
May 20, 2021
Cupertino, CA 95014
(408) 777-3308
ACTION MINUTES OF THE REGULAR MEETING OF
THE DESIGN REVIEW COMMITTEE HELD ON May 20, 2021
ROLL CALL
Committee Members present: Steven Scharf, Chair
Vikram Saxena, Commissioner
Committee Members absent: none
Staff present: Erika Poveda, Associate Planner
Piu Ghosh, Planning Manager
APPROVAL OF MINUTES:
1. January 21, 2021
The minutes of January 21, 2021 were postponed due to a lack of a quorum for approval by proxy
ORAL COMMUNICATION:
None
WRITTEN COMMUNICATIONS:
None
CONSENT CALENDAR:
None
PUBLIC MEETING:
2. Application No.(s): EXC-2020-005
Applicant: T.N. Design (Kumar residence)
Location: 10290 Imperial Avenue APN: 357-19-053
R-1 Exception Permit to allow the construction of a new 3,026 SF single-story residence with reduced
side-yard setbacks of 5' on each side, where a combined side-yard setback of 15' is typically required in
the R1-7.5 zoning district.
Design Review Committee decision final unless appealed.
Staff Member Poveda reviewed the project with the Committee. The project site was annexed into the
City in 2004 from the County. The lot is of substandard width (10’ narrower) and substandard size (774
square feet smaller) as are many of the homes in this area that have been annexed. Granting this
exception will allow the property owner greater flexibility to construct their home with a balanced floor
plan. The proposed residence complies with the R-1 Ordinance and is consistent in design with the other
homes in the Monta Vista neighborhood.
The Committee Members asked clarifying questions regarding the overall neighborhood design, allowed
slot size and proposed landscaping.
Chair Scharf opened the Public Comment period.
DRC 10/21/2021
9 of 56
2 Design Review Committee
May 20, 2021
Muni Madhdhipatla
Chair Scharf closed the Public Comment period.
Chair Scharf agreed with Committee Member Saxena’s thoughts that allowing the reduced setbacks
would not adversely affect the neighborhood. The City has granted these types of exceptions where
appropriate in the past.
MOTION: Commissioner Saxena moved to approve EXC-2020-005 per the draft resolution
APPROVE: Chair Scharf
ABSENT: none
ABSTAIN: none
VOTE: 2-0-0
OLD BUSINESS:
None
NEW BUSINESS:
None
Respectfully submitted:
/s/Beth Ebben
Beth Ebben
Deputy Board Clerk
DRC 10/21/2021
10 of 56
CITY OF CUPERTINO
Agenda Item
21-9971 Agenda Date:
10/21/2021 Agenda #: 3.
Subject: Consider an R1 Exception Permit to allow a reduced side-yard setback of 5-feet to
accommodate a new garage addition to an existing single-family residence where a combined side-
yard setback of 15-feet is required in the R1-7.5 Zoning District (Application No.: EXC-2021-001;
Applicant: Raghu Kumar Devarakonda; Location: 10300 Imperial Avenue; APN: 357-19-052)
That the Design Review Committee adopt the draft resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the R-1 Exception (EXC-2021-001).
CITY OF CUPERTINO Printed on 10/14/2021Page 1 of 1
powered by Legistar™
DRC 10/21/2021
11 of 56
DESIGN REVIEW COMMITTEE STAFF REPORT
Meeting: October 21, 2021
Subject:
Consider an R1 Exception Permit to allow a reduced side-yard setback of 5-feet to
accommodate a new garage addition to an existing single-family residence where a
combined side-yard setback of 15-feet is required in the R1-7.5 Zoning District
(Application No.: EXC-2021-001; Applicant: Raghu Kumar Devarakonda; Location: 10300
Imperial Avenue; APN: 357-19-052)
Recommended Action:
That the Design Review Committee adopt the draft resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the R-1 Exception (EXC-2021-001).
Project Data:
General Plan Designation: Residential (0-4.4 DU/Ac.)
Zoning Designation: R1-7.5
General Plan Neighborhood: Monta Vista
Site Development
Regulations:
Required/
Allowed Existing Proposed
Lot Area 7,500 sq. ft. 6,750 sq. ft. No change
Lot Width 60’ 50’ No change
Floor Area Ratio 45% 1,632 sq. ft.
(24.2%)
2,350 sq. ft.
(34.8%)
Lot Coverage 50% N/A 2,999 sq. ft.
(44.4%)
1st Floor Setbacks: Required Existing Proposed
Front 20’ 24’-10” No change
Side Combined 15’
(min. 5’)
12’ Left
5’-7” Right
17’-7” Combined
5’ Left
5’-7” Right
10’-7” Combined
Rear 20’ 71’-10” 39’-6 ½”
DRC 10/21/2021
12 of 56
Project Consistency with:
General Plan: Yes
Zoning: No, R-1 Exception requested for reduced side-yard
setbacks of 10’-7” combined where 15-feet is required.
Environmental
Assessment:
Categorically Exempt per Sections 15301 (Class 1) of
the California Environmental Quality Act (CEQA)
Background:
Site Description
The subject single-family residential
property is located on Imperial
Avenue in the Monta Vista
neighborhood (Figure 1). The site is
surrounded by planned development
light industrial, P(ML), to the north
and east, with other single-family
residential uses to the south and west.
The existing single-story residence
with detached garage was originally
built under the County of Santa Clara’s
jurisdiction in 1951 and was annexed
into the City in 2004. The existing lot is substandard in area at 6,750 square feet where
7,500 square feet is the minimum lot area for R1-7.5 zoned properties. Furthermore, the
lot is substandard in lot width at 50 feet, which is 10 feet less than the minimum lot width
of 60 feet required for R1-7.5 properties.
Applicant Request
The applicant/property owner, Raghu Kumar Devarakonda, is proposing to demolish the
existing detached garage at the rear of the property, remodel the existing primary
residence, and construct a 678 square-foot addition at the rear and a 442 square-foot
garage addition at the front, resulting in a 2,350 square foot one-story single-family
residence.
A combined side-yard setback of 15 feet is required in the R1-7.5 zoning district.
However, since the applicant is proposing a reduced side-yard setback of five feet, and a
combined side-yard setback of 10’-7”, to accommodate a proposed attached garage, an R-
1 Exception Permit is required. The City’s Municipal Code (Chapter 19.12) requires
Design Review Committee review for all proposed R-1 Exception applications.
Figure 1: Project Vicinity
DRC 10/21/2021
13 of 56
Discussion:
Side-Yard Setback Exception
While the R-1 Ordinance (Chapter 19.28 of the Cupertino Municipal Code) requires a
combined 15-foot first floor side-yard setback, with no side-yard setback less than five
feet from the property line in most zoning districts, it allows properties located in the R1-
5 zoning district (Rancho Rinconada neighborhood), where there are several hundred lots
that have a lot width between 47 feet and 51 feet and lot areas ranging between 4,800 and
5,500 sq. ft., to have minimum five-foot side-yard setbacks on both sides. These reduced
side-yard setbacks allow greater flexibility for these smaller and narrower lots to
construct a reasonable and balanced floor plan and front elevation.
Additionally, the Parking Regulations Ordinance (Chapter 19.124 of the Cupertino
Municipal Code) requires a two-car garage measuring 20’ by 20’ for single-family
residences. Given the project’s lot area and width constraints, the applicant is requesting
an exception to the minimum 15-foot combined side-yard setback requirement to
accommodate the two-car garage.
The project site is located in the Monta Vista neighborhood where there are numerous
lots that are substandard in width. The original subdivision in this neighborhood
subdivided lots into 25 feet in width. Over time, many lots were conveyed together and
eventually merged into 50-foot-wide lots as allowed by the Subdivision Map Act.
Furthermore, much of Monta Vista was developed while under the development
regulations of Santa Clara County. Consequently, several neighboring homes have side-
yard setbacks that do not conform to the City of Cupertino’s development regulations.
There have been other properties in the Monta Vista neighborhood for which a reduced
side-yard setback has been approved due to a substandard lot width and/or substandard
lot size. While research indicates that some of these residences were built under the
County of Santa Clara’s jurisdiction with varying building setback and development
parameters that are considered non-conforming under the City's requirements, there are
nine recent first floor side-yard setback exception approvals1 in the neighborhood to
allow five-foot first floor side-yard setbacks on either side. See Attachment 3 for a map of
R1-zoned Monta Vista residences with existing first floor side-yard setbacks less than 15
feet combined.
Since the exception is only proposed for the section of the home that serves to
accommodate the required two-car garage, staff believes that the applicant has attempted
1 Note: Prior to 2005, 5-foot first floor side-yard setbacks were allowed for all lots 60’ or less in width and less than
6,000 sq. ft. in size, without the need for an exception throughout the City. This was amended by the City Council in
2005 to be limited to only the R1-5 zoning district. An exception would be required in all other zoning districts.
DRC 10/21/2021
14 of 56
to minimize the exception to the least possible extent required. Therefore, in the interests
of a more balanced front elevation and functional floor plan, staff recommends that this
exception be granted to accommodate the garage.
Project Design
The proposed single-story
residence (Figure 2) is
designed to meet all
aspects of the R-1
Ordinance, with the
exception of the first-floor
combined side-yard
setback for the proposed
garage only. The proposed
design is generally
consistent with the Single-
Family Residential Design Guidelines and is compatible with other homes in the
neighborhood in terms of massing and design with the architect proposing a design that
features neutral-colored stucco and stone veneer.
The site is not subject to the Monta Vista Design Guidelines, which regulate architectural
style and materials within a portion of the Monta Vista Specific Plan area. Furthermore,
the reduced five-foot side yard setbacks are appropriate to allow for a functional floor
plan, to accommodate a 20’ by 20’ garage that is currently required for all single-family
residences, and to create a balanced, aesthetically pleasing front elevation, that is not
dominated by a two-car garage door, on the substandard lot.
Site Improvements
The scope of work includes modifications to the front yard including the installation of
new landscaping comprised of mulch and a variety of drought-tolerant plantings and the
installation of pervious pavers for the driveway and entry walkway. The total new
landscape area is approximately 340 square feet and as a condition of approval, the
applicant shall submit a Prescriptive Compliance Application or a full Landscape
Documentation Package prior to Building Permit issuance to be consistent with the Water
Efficient Landscape Ordinance (Chapter 14.15) of the Cupertino Municipal Code. There
are no proposed tree removals as part of this project.
The project shall comply with the requirements indicated on the Public Work
Confirmation Form dated December 1, 2020, including but not limited to providing street
improvement designs to be reviewed and approved by the Director of the Public Works
Department prior to Building Permit issuance.
Figure 2: Project Design
DRC 10/21/2021
15 of 56
Environmental Assessment
This project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15301: Existing facilities.
Public Outreach and Noticing
The following table is a brief summary of the noticing done for this project:
Notice of Public Hearing and Intent,
Site Notice & Legal Ad
Agenda
Site Signage (10 days prior to the
hearing)
6 public meeting notices mailed to
adjacent property owners (10 days
prior to the hearing)
Posted on the City’s official notice bulletin
board (one week prior to the hearing)
Posted on the City of Cupertino’s website
(one week prior to the hearing)
No public comments have been received as of the date of production of this staff report.
Permit Streamlining Act
This project is subject to the Permit Streamlining Act (Government Code Section 65920 –
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project Received: February 16, 2021; Deemed Incomplete: March 9, 2021
2nd Submittal Received: April 19, 2021; Deemed Incomplete: May 18, 2021
3rd Submittal Received: June 10, 2021; Deemed Complete: July 8, 2021
Deemed Incomplete: August 4, 2021 due to project revisions proposed by applicant.
4th Submittal Received: August 17, 2021; Deemed Complete: September 16, 2021
The City has up to 60 days from the date of deeming the project complete (until
November 16, 2021) to make a decision on the project.
Conclusion:
Staff recommends approval of the project since the project and conditions of approval
address all concerns related to the proposed project and all of the findings for approval of
the proposed project, consistent with Chapter 19.28 of the Cupertino Municipal Code, may
be made.
With respect to the R-1 Exception, the following findings may be made:
1. The literal enforcement of this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter.
DRC 10/21/2021
16 of 56
The project is consistent with the intent of the R-1 Ordinance in that it minimizes visual
impacts to adjacent residential properties and that it is compatible with other homes in the
neighborhood. The reduced five-foot side yard setbacks are appropriate to allow for a functional
floor plan, to accommodate a 20-foot by 20-foot garage that is required for all single-family
residences, and a balanced, aesthetically pleasing front elevation, that is not dominated by a
two-car garage door, on a substandard lot.
2. The proposed development will not be injurious to property or improvements in the
area, nor be detrimental to the public and safety, health and welfare.
The project will not be detrimental or injurious to property or improvements in the vicinity,
and will not be detrimental to the public health, safety, or welfare. The project is a single-story
single-family residence that is compatible with other homes in the neighborhood in terms of
massing and overall design.
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.
Due to the substandard lot width of the subject property and the two-car garage requirement
for single-family homes, the strict application of the prescribed side-yard setback requirement
per the R-1 Ordinance would create a situation that would result in an unbalanced floor plan,
unbalance front elevation, and reduced interior garage size. All other aspects of the project
comply with the R-1 Ordinance in terms of height, building envelope, front and rear setbacks,
and design. The intent of the R-1 Ordinance is met since the R-1 Exception would result in a
house that is comparable in siting, scale, and design as others in the neighborhood.
4. The proposed exception will not result in significant visual impact as viewed from
abutting properties.
The project is a single-story single-family residence that is consistent with other existing homes
in the Monta Vista neighborhood. The granting of a side-yard setback exception is not
anticipated to create adverse visual impacts as viewed from abutting properties as it will allow
for a balanced front elevation on the substandard lot. All other aspects of the project comply
with the R-1 Ordinance in terms of height, building envelope, front and rear setbacks, and
design.
Next Steps
Should the project be approved, the Design Review Committee’s decision on this
proposal is final unless an appeal is filed within 14 calendar days of the date of the
decision, on November 4, 2021. The applicant may apply for building and other permits
at the end of the appeal period.
This approval expires on October 21, 2022, at which time the applicant may apply for a
one-year extension.
DRC 10/21/2021
17 of 56
Prepared by: Erika Poveda, Associate Planner
Brianne Reyes, Associate Planner
Reviewed and Approved by: Piu Ghosh, Planning Manager
ATTACHMENTS:
1 – Draft Resolution
2 – Plan Set
3 – Monta Vista Residences with Reduced First-Floor Side-Yard Setbacks
DRC 10/21/2021
18 of 56
EXC-2021-001
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN R-1 EXCEPTION PERMIT TO ALLOW A REDUCED SIDE-
YARD SETBACK OF 5-FEET TO ACCOMMODATE A NEW GARAGE
ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE WHERE A
COMBINED SIDE-YARD SETBACK OF 15-FEET IS REQUIRED IN THE R1-7.5
ZONING DISTRICT
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2021-0051
Applicant: Raghu Kumar Devarakonda
Location: 10300 Imperial Avenue; APN: 357-19-052
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for an Exception from the Single-Family Residential Zoning regulations as
described in Section I. of this Resolution; and
WHEREAS, the Project is Categorically Exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15301 Class 1 (Existing facilities); and
WHEREAS, the necessary notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Design Review Committee has held at least
one Public Meeting on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Design Review Committee finds the following with regard to the
exception for this application:
1. The literal enforcement of this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter.
The project is consistent with the intent of the R-1 Ordinance in that it minimizes visual
impacts to adjacent residential properties and that it is compatible with other homes in the
neighborhood. The reduced five-foot side yard setbacks are appropriate to allow for a functional
DRC 10/21/2021
19 of 56
Resolution No. EXC-2021-001 October 21, 2021
Page - 2 -
floor plan, to accommodate a 20-foot by 20-foot garage that is required for all single-family
residences, and a balanced, aesthetically pleasing front elevation, that is not dominated by a
two-car garage door, on a substandard lot.
2. The proposed development will not be injurious to property or improvements in the
area, nor be detrimental to the public and safety, health and welfare.
The project will not be detrimental or injurious to property or improvements in the vicinity,
and will not be detrimental to the public health, safety, or welfare. The project is a single-story
single-family residence that is compatible with other homes in the neighborhood in terms of
massing and overall design.
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.
Due to the substandard lot width of the subject property and the two-car garage requirement
for single-family homes, the strict application of the prescribed side-yard setback requirement
per the R-1 Ordinance would create a situation that would result in an unbalanced floor plan,
unbalance front elevation, and reduced interior garage size. All other aspects of the project
comply with the R-1 Ordinance in terms of height, building envelope, front and rear setbacks,
and design. The intent of the R-1 Ordinance is met since the R-1 Exception would result in a
house that is comparable in siting, scale, and design as others in the neighborhood.
4. The proposed exception will not result in significant visual impact as viewed from
abutting properties.
The project is a single-story single-family residence that is consistent with other existing homes
in the Monta Vista neighborhood. The granting of a side-yard setback exception is not
anticipated to create adverse visual impacts as viewed from abutting properties as it will allow
for a balanced front elevation on the substandard lot. All other aspects of the project comply
with the R-1 Ordinance in terms of height, building envelope, front and rear setbacks, and
design.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution
beginning on PAGE 3 thereof, the application for an Exception to the Single-Family
Residential Ordinance regulations, Application no. EXC-2021-001 is:
1. Exempt from CEQA and
2. Hereby APPROVED, and
That the sub-conclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Meeting record concerning Application
DRC 10/21/2021
20 of 56
Resolution No. EXC-2021-001 October 21, 2021
Page - 3 -
no. EXC-2021-001 as set forth in the Minutes of Design Review Committee Meeting of
October 21, 2021 and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on the plan set titled “Devaradonda Residence, 10300 Imperial
Ave., Cupertino, CA 95014,” consisting of 13 sheets, labeled “A1, A2, A2.1, A3, A3.1,
A3.2, A3.3, A4, A5, A6, A8, L1, and SS1,” except as may be amended by the Conditions
contained in this Resolution.
2. R-1 EXCEPTION
The R-1 Exception to allow a reduced side-yard setback of 5-feet shall only apply to
the left (northerly) side-yard setback of the attached garage addition. Any future
additions along the north side shall be set back at least 9’-5” from the north side
property line in order to provide a combined side yard setback of 15 feet. Any
proposed extension of the northerly 5-foot setback shall be subject to discretionary
approval of the Design Review Committee in accordance with the Single-Family
Residential (R-1) Ordinance.
3. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
5. 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
Community Development Department.
6. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works
Confirmation form dated December 1, 2020, including, but not limited to, dedications,
DRC 10/21/2021
21 of 56
Resolution No. EXC-2021-001 October 21, 2021
Page - 4 -
easements, off-site improvements, undergrounding of utilities, all necessary
agreements, and utility installations/relocations as deemed necessary by the Director
of Public Works and required for public health and safety. The Public Works
Confirmation is a preliminary review and is not an exhaustive review of the subject
development. Additional requirements may be established and implemented during
the construction permitting process. The project construction plans shall address these
requirements with the construction permit submittal, and all required improvements
shall be completed to the satisfaction of the Director of Public Works prior to final
occupancy.
7. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full L andscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
Ordinance, for projects with landscape area 500 square feet or more or elect to submit
a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for proje cts
with landscape area between 500 square feet and 2,500 square feet. The Landscape
Documentation Package or Prescriptive Compliance Application shall be reviewed
and approved to the satisfaction of the Director of Community Development prior to
issuance of building permits, and additional requirements per sections 14.15.040 D, E,
F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved
prior to final inspections.
8. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final
plans in compliance with the approved lighting plans to comply with development
standards of Cupertino Municipal Code Section 19.102.040 Outdoor Lighting
Requirements. In the event changes are proposed from the a pproved plans, said
changes must be reviewed and approved by the Director of Community Development
or their designee. The applicant shall provide all documentation required to
determine compliance with the Municipal Code.
9. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and approved
by the Director of Community Development prior to issuance of building permits to
ensure quality and consistency. Any exterior changes determined to be substantial
by the Director of Community Development shall either require a modification to this
permit or a new permit based on the extent of the change.
DRC 10/21/2021
22 of 56
Resolution No. EXC-2021-001 October 21, 2021
Page - 5 -
10. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible subject to the Building Official. The applicant shall provide evidence that
materials were recycled prior to issuance of final demolition permits.
11. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a) Water all exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) at least twice daily and more often
during windy periods to prevent visible dust from leaving the site; active areas
adjacent to windy periods; active areas adjacent to existing land uses shall be kept
damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives.
b) All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c) All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d) All vehicle speeds on unpaved roads shall be limited to 15 mph.
e) All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f) Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points.
g) All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h) Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.
i) The applicant shall incorporate the City’s construction best management practices
into the building permit plan set.
DRC 10/21/2021
23 of 56
Resolution No. EXC-2021-001 October 21, 2021
Page - 6 -
12. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a) All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b) Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c) Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d) Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays as defined in Chapter 10.48 of the Municipal Code. Night time
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
e) Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f) The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated.
13. NESTING BIRDS
Nests of raptors and other birds shall be protected when in active use, as required by
the federal Migratory Bird Treaty Act and the California Department of Fish and
Game Code.
a) Construction and tree removal/pruning activities shall be scheduled to avoid the
nesting season to the extent feasible. If feasible, tree removal and/or pruning shall
be completed before the start of the nesting season to help preclude nesting. The
nesting season for most birds and raptors in the San Francisco Bay area extends
from February 1 through August 31. Preconstruction surveys (described below)
are not required for tree removal or construction activities o utside the nesting
period.
b) If construction activities and any required tree removal occur during the nesting
season (February 1 and August 31), a qualified ornithologist shall be required to
DRC 10/21/2021
24 of 56
Resolution No. EXC-2021-001 October 21, 2021
Page - 7 -
conduct surveys prior to tree removal or construction activities. Preconstruction
surveys shall be conducted no more than 14 days prior to the start of tree removal,
pruning or construction. Preconstruction surveys shall be repeated at 14-day
intervals until construction has been initiated in the area after which survey s can
be stopped. During this survey, the ornithologist shall inspect all trees and other
possible nesting habitats in and immediately adjacent to the construction areas for
nests.
c) If the survey does not identify any nesting birds that would be affected b y
construction activities, no further mitigation is required. If an active nest
containing viable eggs or young birds is found sufficiently close to work areas to
be disturbed by these activities, their locations shall be documented and protective
measures implemented under the direction of the qualified ornithologist until the
nests no longer contain eggs or young birds.
d) Protective measures shall include establishment of clearly delineated exclusion
zones (i.e. demarcated by identifiable fencing, such as orange construction fencing
or equivalent) around each nest location as determined by the qualified
ornithologist, taking into account the species of birds nesting, their tolerance for
disturbance and proximity to existing development. In general, exclusion zones
shall be a minimum of 300 feet for raptors and 75 feet for passerines and other
birds. The active nest within an exclusion zone shall be monitored on a weekly
basis throughout the nesting season to identify signs of disturbance and confirm
nesting status. The radius of an exclusion zone may be increased by the qualified
biologist, if project activities are determined to be adversely affecting the nesting
birds. Exclusion zones may be reduced by the qualified biologist only in
consultation with California Department of Fish and Wildlife. The protection
measures and buffers shall remain in effect until the young have left the nest and
are foraging independently or the nest is no longer active.
e) A final report on nesting birds and raptors, including survey methodology, survey
date(s), map of identified active nests (if any), and protection measures (if
required), shall be submitted to the Planning Manager, through the building
permit review process, and be completed to the satisfaction of the Community
Development Director prior to the start of grading.
14. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless
the City, its City Council, and its officers, employees, and agents (collectively, the
“indemnified parties”) from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
DRC 10/21/2021
25 of 56
Resolution No. EXC-2021-001 October 21, 2021
Page - 8 -
“proceeding”) brought by a third party against one or more of the indemnified parties
or one or more of the indemnified parties and the applicant related to any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and
costs shall include amounts paid to the City’s outside counsel and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City. The applicant shall
likewise agree to indemnify, defend, and hold harmless the indemnified parties from
and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees
awarded under Code of Civil Procedure section 1021.5, assessed or awarded against
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
15. 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.
PASSED AND ADOPTED this 21st day of October 2021, at a regular meeting of the Design
Review Committee of the City of Cupertino by the following roll call vote:
DRC 10/21/2021
26 of 56
Resolution No. EXC-2021-001 October 21, 2021
Page - 9 -
AYES: MEMBERS:
NOES: MEMBERS:
ABSTAIN: MEMBERS:
ABSENT: MEMBERS:
ATTEST: APPROVED:
_
Erika Poveda Steven Scharf, Chair
Associate Planner Design Review Committee
DRC 10/21/2021
27 of 56
DRC 10/21/2021
28 of 56
DRC 10/21/2021
29 of 56
DRC 10/21/2021
30 of 56
DRC 10/21/2021
31 of 56
DRC 10/21/2021
32 of 56
DRC 10/21/2021
33 of 56
DRC 10/21/2021
34 of 56
DRC 10/21/2021
35 of 56
DRC 10/21/2021
36 of 56
DRC 10/21/2021
37 of 56
DRC 10/21/2021
38 of 56
RESIDENCEN 89°57'30" W 135.00'N 89°57'30" W 135.00'SOUTH 50.00'NORTH 50.00'322.68216.45 250.38 473.0067.14112.8667.14474.39147.86385.0067.14(N) Pervious Paver Driveway 564sfsuch asPacific Interlock Hydroflow100% permeable pavers(E) 7'8"ht Fence(E) 7'8" ht Wood Fence(E) 7'8"ht Wood Fence (E) 7'8"ht Wood Fence (E) 7'8" ht Wood Fence(E) 7'8"ht Gate3'-7"5'-714"Existing LandscapeNo modificationsExisting Landscape3" MulchCover88sfadd dripirrigationLandscape140sfadd drip irrigation(E) Neighboring HouseLantana montevidensis CWhiteC(4)3'-0"2.5sf(N) PerviousPaver Entry18.5sf3'-0"(N) PerviousPaver 202sf30sf 3" mulch30sf 3"mulchOsteospermum x CZion Copper AmethystC(8)11'-4916"32sf 3" mulchLantana montevidensis CPurpleC(6)4'-0"2'-0"2'-0"86sf2.5sf2.5sf2.5sf2.5sf2.5sf2.5sf2.5sfExisting LandscapeExisting Landscape
N/AN/AYESN/AYESYESYESYES4/5/21YESLOT SIZE 6750FRONT SET BACK IMPERVIOUS SURFACESFront Setback 1236sfPorch: Impervious Concrete 108.3sfDriveway and Entry: Pervious pavers 860sf @ 50%= 430Total area: 430+ 108.3 = 538.3 = 44.6%Total Landscape area 2814.56sfNew Landscaped area: 248sf on drip irrigation in front onlyAdditional Mulch area front 92sfTotal new landscape area 340sfPLANT SCHEDULERevisions Date ByJob No 1596Drawn By: KALDate: 040521L- 01 Landscape Plan Devarakonda Residence10300 Imperial AveCupertino CA 95014THESE PLANS ARE A SCHEMATIC ONLY AND ARE NOT CONSTRUCTION DOCUMENTSKL Designs LLCSan Jose, CA 95118 kim@KLDesigns.bizPlant Material shall comply with the following:For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLSplant factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water.Mulch & Soil Preparation1 Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of 6" into landscape area(unless contra-indicated by a soil test.).2 A minimum of 3" layer of mulch shall be applied on all exposed soil surfaces of planting areas except turf areas, creepingor rooting ground covers, direct seeding applications where mulch is contra-indicated.3 no turf present on this installation.4 Prior to planting, compacted materials shall be transformed to a friable condition.5 For soils less than 6% organic matter in the top 6" of soil, add organic compost to planting areas equal to a rate ofminimum 4 cubic yards per 1,000sf of permeable area to a minimum depth of 6" into the soil.6. A soils report is required.Tree ProtectionThe following general tree preservation measures apply to all trees to be retained: No storage of material, top soil,vehicles, or equipment shall be permitted within the tree enclosure area, The ground under and around the tree canopyarea shall not be altered. Trees to retained shall be irrigated, aerated and maintained as necessary to ensure survival.Landscape & Irrigation Maintenance1. Maintenance may include but not limited to the following: routine inspection, auditing, pressure testing, adjustment, andrepair of the irrigation system; top dressing with compost, replenishing mulch, fertilizing, pruning, replanting of failed plants,weeding, pest control.2. Failed plants shall be replaced with the same functionally equivalent plants that may be size-adjusted as appropriate forthe stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriateadjustments to water, nutrients, pest control or other factors recommended by landscape professional.Revisied 052521 KALStatic Water Pressure = 70psiProvider: San Jose WaterMeter size 3/4"IRRIGATION1 Irrigation Controller with rain sensing shut off device either integral or auxiliary required. Controller to be outsideof building. Exact location of the controller and weather sensor to be determined by the contractor.2. Valve Boxes: Exact location of valves to be determined by the contractor based on site conditions andunderground utilities. Valves shall have Pressure Reducer and Filter appropriate for Drip. A manual Shut OffValve shall be installed with Valve Nest.3. Irrigation for each hydro-zone shall have a separate valve..4. Manual Shut Off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close aspossible to the point of connection of the water supply.5. All irrigation emission devices must meet the requirements set in the ANSI standard, ASBABE/ICC 802-2014."Landscape Irrigation Sprinkler and Emitter Standard."6. No sprinklers will be installed at this site.7. For areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or othermeans that produces no runoff. Only drip irrigation will be installed on this site.8. Irrigation shall be designed, maintained and managed to meet or exceed an average landscape efficiency of70%.9. Irrigation run times shall be scheduled between 8pm and 10am. Operation outside time window is allowed forauditing and system maintenance.10 A diagram or list of the hydro-zones shall be kept with the irrigation controller for subsequent managementpurposes.11. At the time of final inspection, the permit applicant must provide the owner of the property with a certificate ofcompletion, irrigation schedule and a schedule of landscape and irrigation maintenance.12. An irrigation audit report shall be completed at the time of final inspection.HYDRO-ZONESFRONT DRIP1) Shrubs & Tree -LW 0.3Revisied 061021 KALRevisied 063021 KALDRC 10/21/2021 39 of 56
+/2'4+#.#8'07'NOTES:ABBREVIATIONLEGENDBASIS OF BEARINGS:SITE BENCHMARK:REFERENCES:SITE DATA:DRC 10/21/2021 40 of 56
Attachment 3: Monta Vista Homes with Reduced First-Floor Side-Yard Setbacks
Reduced first-floor side-yard setback:
Past City R-1 Exception approval:
(with file number & lot width)
N
Project
Site
R-2005-17
Lot width: 50’
EXC-2014-05
Lot width: 50’
R-2007-23
Lot width: 44’
EXC-2010-08
Lot width: 40’
R-2006-13
Lot width: 50’
EXC-2013-01
Lot width: 50’
EXC-2010-11
Lot width: 50’
R-2005-18
Lot width: 50’
EXC-2020-005
Lot width: 50’
DRC 10/21/2021
41 of 56
CITY OF CUPERTINO
Agenda Item
21-9970 Agenda Date:
10/21/2021 Agenda #: 4.
Subject:Sign Exception to allow for a second wall sign on a commercial building where only wall sign is
permitted (Mattress Firm). (Application No. EXC-2021-001; Applicant: Tracey Diehl (Expedite the Diehl);
Location: 20510 Stevens Creek Boulevard; APN: 359-08-018)
That the Design Review Committee adopt the draft resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the Sign Exception (EXC-2021-002).
CITY OF CUPERTINO Printed on 10/14/2021Page 1 of 1
powered by Legistar™
DRC 10/21/2021
42 of 56
DESIGN REVIEW COMMITTEE STAFF REPORT
Meeting: October 21, 2021
Subject
Sign Exception to allow for a second wall sign on a commercial building where only wall
sign is permitted (Mattress Firm). (Application No. EXC-2021-001; Applicant: Tracey
Diehl (Expedite the Diehl); Location: 20510 Stevens Creek Boulevard; APN: 359-08-018).
Recommended Action
That the Design Review Committee adopt the draft resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the Sign Exception (EXC-2021-002).
Discussion
Project Data:
General Plan Designation: Commercial/Office/Residential
Special Area: Heart of the City Specific Plan
Zoning Designation: P (CG, Res) / Planned Development with General
Commercial and Residential uses
Lot Area: 139,940 sq. ft.
Floor Area: 4,200 sq. ft.
Allowed Existing Total
Proposed Change
Wall Signs 1 1 2 2
Ground Sign 1 1 1 No change to
number of signs
Project Consistency with
General Plan: Yes
Zoning: No – needs sign exception
Environmental Assessment: Categorically Exempt
DRC 10/21/2021
43 of 56
Project Location:
The project site is located at the corner of
Stevens Creek Boulevard and De Anza
Boulevard, west of the Chevron gas station.
To the north are commercial banks, east of
the building is the Chevron gas station, and
to the west and south are various
commercial uses.
Background:
The property is allowed two signs at 20510
Stevens Creek Blvd per the Municipal
Code. These signs have already been
approved by staff as follows: one wall sign
facing Stevens Creek Boulevard, and one
ground sign adjacent to South De Anza
Boulevard. The applicant, Tracey Diehl,
representing Mattress Firm, is requesting approval to install a second wall sign,
exceeding the number of signs the Sign Ordinance allows.
Sign Exception:
Cupertino Municipal Code Section 19.104.140: Permanent Walls Signs allows for one sign
per business with exterior frontage, and (1) an additional wall sign for when there is no
ground sign, (2) sign is directed to the interior of the project and not visible from any
public right-of-way, and (3) the building is occupied by a single tenant pad with more
than 5,000 sq. ft. In this case, since the project contains a ground sign adjacent to South
De Anza Boulevard, the proposed second wall sign would be visible from South De Anza
Boulevard, and the building measures approximately 4,200 sq. ft. (less than 5,000 sq. ft.)
a sign exception is required for the proposed sign.
S. De Anza Blvd. City of
Saratoga
DRC 10/21/2021
44 of 56
The two wall signs proposed are identical in size, illumination and appearance.
Each sign is consistent with the provisions of the City’s Sign Ordinance as follows:
Sign A Sign B
Allowed Proposed Allowed Proposed
Allowable Sign Area (1 sq. ft. per
linear store frontage) 64.9 sq. ft. 41.2 sq. ft. 75.2 sq. ft. 41.2 sq. ft.
Maximum Store Frontage
(70% of store frontage) 45.4 ft. 20.6 ft. 52.6 ft. 20.6 ft.
Illumination Intensity
(foot-lamberts) 250 < 250 250 <250
Staff supports the sign exception requested for the additional wall sign. The intent of the
sign ordinance is to identify and enhance business while maintaining the aesthetic
appearance of the City. The additional sign on the east side of the building will allow for
effective and visible signage for the business. While the Chevron gas station would
Figure 1: Sign A Facing Stevens Creek Blvd.
Figure 2: Sign B Facing Interior of Property
DRC 10/21/2021
45 of 56
partially obscure the view of the sign from De Anza Boulevard, the sign will nevertheless
remain partially visible. Additionally, the facing the interior provides additional
wayfinding for visitors of the shopping center will may be entering from the eastern and
southern portions of the property.
Environmental Assessment
This project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15301 Existing Facilities (Class 1)
consisting of new copy on existing on and off-premise signs.
Public Outreach and Noticing
The following table is a brief summary of the noticing done for this project:
Notice of Public Hearing and Intent,
Site Notice & Legal Ad
Agenda
Site Signage (10 days prior to the hearing)
8 public hearing notices mailed to
adjacent property owners (10 days prior
to the hearing)
Posted on the City’s official notice bulletin
board (one week prior to the hearing)
Posted on the City of Cupertino’s website
(one week prior to the hearing)
No public comments have been received as of the date of production of this staff report.
Permit Streamlining Act
This project is subject to the Permit Streamlining Act (Government Code Section 65920 –
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project Received: May 7, 2021; Deemed Incomplete: June 3, 2021
2nd Submittal Received: July 12, 2021; Deemed Incomplete: August 9, 2021
3rd Submittal Received: August 11, 2021; Deemed Complete: September 3, 2021
The City has up to 60 days from the date of deeming the project complete (until
November 3, 2021) to make a decision on the project.
Conclusion
Staff recommends approval of the Sign Exception since the overall design package
addresses the intent of the Sign Ordinance to identify and enhance the business while
maintain the aesthetic standards of the City. The requested Sign Exception will maintain
the City’s design standards and support the business in its endeavor to meet corporate
branding requirements. Staff recommends approval of the project since the project and
conditions of approval address all concerns related to the proposed development and all
DRC 10/21/2021
46 of 56
the findings for approval of the proposed project, consistent with Chap ter 19.104.290 of
the Cupertino Municipal Code, may be made.
Next Steps
Should the project be approved, the Design Review Committee’s decision on this
proposal is final unless an appeal is filed within 14 calendar days of the date of the
decision, on November 4, 2021. The applicant may apply for building and other permits
at the end of the appeal period.
If the project were approved, the approval would expire on October 21, 2021, at which
time the applicant may apply for a one-year extension.
Prepared by: Erick Serrano, Senior Planner
Reviewed and Approved by: Piu Ghosh, Planning Manager
ATTACHMENTS:
1 – Draft Resolution
2 – Plan Set
DRC 10/21/2021
47 of 56
EXC-2021-002
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING A SIGN EXCEPTION TO ALLOW FOR A SECONF WALL SIGN ON A
COMMERICAL BUILDING WHERE ONLY ONE WALL SIGN IS PERMITTED
(MATTRESS FIRM) LOCATED AT 20510 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2021-002
Applicant: Tracey Diehl (Expedite the Diehl)
Location: 20510 Stevens Creek Boulevard (APN 359-08-018)
SECTION II: FINDINGS FOR SIGN EXCEPTION:
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a Sign Exception as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Design Review Committee has held at least
one public meeting in regard to the application; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Design Review Committee finds as follows with regard to this
application:
1. The literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title.
The project is consistent with the intent of the Sign Ordinance in that it provides
architectural and aesthetic harmony with the building/canopy design and provides good
visibility for the public and the needs of the business while minimizing distraction to the
DRC 10/21/2021
48 of 56
Draft Resolution EXC-2021-002 October 21, 2021
Page - 2 -
pedestrian, bicyclist, and motorist. The size location, size, and illumination are consistent
with the City’s Sign Oridnance.
2. That the granting of the exception will not result in a condition which is materially
detrimental to the public health, safety, or welfare.
The proposed signs will not be detrimental or injurious to property or improvements in the
vicinity, and will not be detrimental to the public health, safety, or welfare. Besides the
number of signs, all other aspects of the City’s Sign Ordinance are met. The illumination
intensity, appeance, and location of the proposed signs would not create distractions for
pedestrians, bicyclists and vehicles nor would it negatively impact the City’s aesthetic
appearance.
3. That the exception granted is one that will require the least modification of the
prescribed regulations and the minimum variance that will accomplish the
purpose.
The exception granted is one that will require the least modification of the regulations
because the project will only propose one additional sign. Other aspects of the Sign
Oridnance (size, location, and lighting) remain consistent with the regulations.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution
beginning on Page 3 thereof,
The application for a Sign Exception, Application no. EXC-2021-002, is hereby approved
and that the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Meeting record concerning Application
no. EXC-2021-002 as set forth in the Minutes of Design Review Committee Meeting of
October 21, 2021, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated October 20, 2020 entitled, “Mattress Firm
20510 Stevens Creek Blvd. Cupertino CA 95014” drawn by Apex Sign Group
consisting of four (4) sheets labled 1-4; except as may be amended by conditions in
this resolution.
DRC 10/21/2021
49 of 56
Draft Resolution EXC-2021-002 October 21, 2021
Page - 3 -
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
4. EXCEPTION APPROVAL
A Sign Expetion is hereby granted to allow for two alls signs where only one wall sign
is permitted.
5. ILLUMINATION INTENSITY
The intensity of all signs shall not exceed 250 foot-lamberts. A note acknowledging
this condition of approval shall be incorporated in the building permit plans.
6. LIGHTING INTENSITY VERIFICATION
Prior to final inspections of sign permits, a licensed lighting engineer shall confirm
that the lighting intensity is in compliance with the conditions of approval in this
resolution.
7. SIGN EXCEPTION REVIEW/ADDITIONAL RESTRICTIONS
If complaints are received related to the intensity of the LED signage under this Sign
Exception, and the complaints are not addressed immediately by the property
management, then the Design Review Committee or Planning Commission shall
conduct a public hearing on the Sign Exception at which time, the approval for LED
signage may be modified or revoked.
The City reserves the right to require additional measures to reduce lighting intensity
if deemed necessary.
8. SIGN PERMITS REQUIRED
The applicant shall consult with the City’s Building Division to obtain the necessary
sign permits for this project.
9. TEMPORARY SIGNS
Temporary signs shall comply with the Temporary Sign regulations of the City’s Sign
Ordinance (Chapter 19.104 of the Municipal Code). A temporary sign permit is
DRC 10/21/2021
50 of 56
Draft Resolution EXC-2021-002 October 21, 2021
Page - 4 -
required for all banners, a-frame or other freestanding signs (except those required by
the State of California), and promotional devices.
10. 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
Community Development Department.
11. INDEMNIFICATION
The applicant agrees that, to the fullest extent permitted by law, the applicant shall
indemnify, defend with the attorneys of the City’s choice, and hold harmless the City,
its City Council, and its officers, employees, and agents (collectively, the “indemnified
parties”) from and against any liability, claim, action, cause of action, suit, damages,
judgment, lien, levy, or proceeding brought by a third party against one or mor e of
the indemnified parties or one or more of the indemnified parties and the applicant
related to any Ordinance, Resolution, or action approving the project, the related
entitlements, environmental review documents, finding or determinations, or any
other permit or approval authorized for the project, including (without limitation)
reimbursing the City its actual attorneys’ fees and costs incurred in defense of the
litigation. The applicant shall pay such attorneys’ fees and costs within 30 (thirty) days
following receipt of invoices from City. Such attorneys’ fees and costs shall include
amounts paid to the City’s outside counsel and shall include City Attorney time and
overhead costs and other City staff overhead costs and any costs directly related to
the litigation reasonably incurred by City. The applicant shall likewise indemnify,
defend, and hold harmless the indemnified parties from and against any damages,
attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of
Civil Procedure section 1021.5, assessed or awarded against the indemnified parties.
The Applicant further agrees to defend, indemnify and hold harmless the indemnified
parties for all cost incurred in additional investigation or study of, or for
supplementing, redrafting, revising, or amending any document (such as an
Environmental Impact Report, negative declaration, specific plan, or general plan
amendment) if made necessary by proceedings challenging the project approvals and
related environmental review if the applicant desires to continue to pursue the project.
12. 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
DRC 10/21/2021
51 of 56
Draft Resolution EXC-2021-002 October 21, 2021
Page - 5 -
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 21st day of October 2021, Regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Erick Serrano R Wang,
Senior Planner Chair, Design Review Committee
DRC 10/21/2021
52 of 56
20510 Stevens Creek Blvd. Cupertino CA 95014
Mattress Firm
20510 Stevens Creek Blvd.
Cupertino CA 95014
Project ID#:
Project Mgr:
Designer:
Created on: apexsigngroup.com
125607
Cheryl Roberts
Mike DeMarco
10/29/2020
R3 12/11/20 KF - Updated Cl’s to red no backer for all elevations
R4 01/06/20 KF - Changed Signs back to white on backer for all elevations
R5 01/25/21 KF - Modified Sign B for Parapet mounting, updated Monument specifications
R6 02/05/21 KF - Updated package to reflect latest feedback from client & LL
R7 02/08/21 KF - Updated variance notes, updated photo for Side Elevation
R8 02/12/21 KF - Update City & LL code information, added note on monument page
SIGN B
SIGN A
SIGN C Square Footage:
Ready-to-Apply Vinyl Graphics on
existing Tenant Panel
1.78
Type:
SIGN C Mattress Firm - RTA Vinyl
11
57.52
Internally Illuminated LED
24" Mattress Firm linear
Type:
Illumination:
Square Footage:
SIGN A
Individual Channel letters/ Remote Wired
57.52
Internally Illuminated LED
24" Mattress Firm linear
Type:
Illumination:
Square Footage:
SIGN B
Individual Channel letters/ Remote Wired
BLD-2021-0418 was approved with Sign A.
sign exception request is for the Sign B which is facing
the Chevron/S. De Anza Blvd
LOT AREA 139,940 SQ FT
BUILDING AREA 4200 SQ FT
The building is setback 30’ from
Stevens Creek Blvd to the north ,
141’ from the east property line,
24’ from the west property line,
and 340 ft from the south property
line
DRC 10/21/2021
53 of 56
Front Elevation (North)
Scale: 1/8” = 1’-0”18'-4"64'-11" Lease Dimension
5'-0"Mattress Firm
20510 Stevens Creek Blvd.
Cupertino CA 95014
Project ID#:
Project Mgr:
Designer:
Created on: apexsigngroup.com
125607
Cheryl Roberts
Mike DeMarco
10/29/2020
R3 12/11/20 KF - Updated Cl’s to red no backer for all elevations
R4 01/06/20 KF - Changed Signs back to white on backer for all elevations
R5 01/25/21 KF - Modified Sign B for Parapet mounting, updated Monument specifications
R6 02/05/21 KF - Updated package to reflect latest feedback from client & LL
R7 02/08/21 KF - Updated variance notes, updated photo for Side Elevation
R8 02/12/21 KF - Update City & LL code information, added note on monument page 3324"33 3/8"20'-7 1/4"
Allowable Square Footage this Elevation:
Actual Square Footage this Elevation:57.52
NOTE: DRAWING IS FOR REPRESENTATIONAL
PURPOSES ONLY. EXACT DIMENSIONS (FIELD
SURVEY) REQUIRED PRIOR TO FABRICATION
Formula: 200.00 SqFt Aggregate for entire site
87.48
CL10.30"10.30"
Existing
57.52
Internally Illuminated LED
24" Mattress Firm linear
Type:
Illumination:
Square Footage:
SIGN A
Individual Channel letters/ Remote Wired
The illumination intensity of signs located within commercial areas is not to exceed approximately 250
foot-lambers, see Cupertino Municipal Code (CMC) Section 19.104.230
(A)
DRC 10/21/2021
54 of 56
Mattress Firm
20510 Stevens Creek Blvd.
Cupertino CA 95014
Project ID#:
Project Mgr:
Designer:
Created on: apexsigngroup.com
125607
Cheryl Roberts
Mike DeMarco
10/29/2020
R3 12/11/20 KF - Updated Cl’s to red no backer for all elevations
R4 01/06/20 KF - Changed Signs back to white on backer for all elevations
R5 01/25/21 KF - Modified Sign B for Parapet mounting, updated Monument specifications
R6 02/05/21 KF - Updated package to reflect latest feedback from client & LL
R7 02/08/21 KF - Updated variance notes, updated photo for Side Elevation
R8 02/12/21 KF - Update City & LL code information, added note on monument page
White LEDs
(X) 60w Power Supplies @ 0.85 amps each
Total Amps: X.XX
(1) 20 amp 120V Circuit Req.
1. Existing Facade: To be determined
2. 0.040” Aluminum letter returns painted to match Dark Brown
3. 1”Jewelite trimcap (Dark Brown) bonded to face, #8 pan head screws to returns
.125” ACM backs (pre-finished white) fastened to returns. Seal w/ VOC compliant4.
360 white latex caulk to prevent moisture penetration.
5. GE Tetra Powermax LEDs (Red)
6. 3/16” Red acrylic faces
7. Disconnect switch UL Outdoor rated toggle type w/ neoprene boot per NEC 600-6
8. Primary electrical feed in UL conduit / customer supplied UL junction box
9. Power Supplies within UL enclosure (removable lid), 1/4” x 1” min screws
10. Mounting Hardware to suit
11. 0.080 Aluminum backer panel painted Black
Specifications: Channel Letters on backer panelElectrical Detail:
¼” Drain holes at bottom
of letter cans (2) per letter
Scale: N.T.S.
4”
Section @ LED Channel Letter
Front-Lit (Remote)
1
2
3
11
9
10
7
8
4
5
6
General Notes:
This sign is to be installed in accordance with
the requirements of Article 600 of the National
Electrical Code.
- Grounded and bonded per NEC 600.7/NEC 250
- Existing branch circuit in compliance with
NEC 600.5, not to exceed 20 amps
- Sign is to be UL listed per NEC 600.3
- UL disconnect switch per NEC 600.6- required per
sign component before leaving manufacturer. For
multiple signs, a disconnect is permitted but not
required for each section
- The location of the disconnect switch after installa-
tion shall comply with article 600.6 (A) (1) per NEC
55
Scale: 3/8" = 1'-0"
Sign Layout Detail24”8 1/4”33 1/2”[247 1/4”]
81 1/4”
20’-7 1/4”
57.52
Internally Illuminated LED
24" Mattress Firm linear
Type:
Illumination:
Square Footage:
SIGN A
Individual Channel letters/ Remote Wired
57.52
Internally Illuminated LED
24" Mattress Firm linear
Type:
Illumination:
Square Footage:
SIGN B
Individual Channel letters/ Remote Wired
The illumination intensity of signs located within
commercial areas is not to exceed approximately 250 foot-
lambers, see Cupertino Municipal Code (CMC) Section
19.104.230 (A)
DRC 10/21/2021
55 of 56
57.52
Internally Illuminated LED
24" Mattress Firm linear
Type:
Illumination:
Square Footage:
SIGN B
Individual Channel letters/ Remote Wired
Mattress Firm
20510 Stevens Creek Blvd.
Cupertino CA 95014
Project ID#:
Project Mgr:
Designer:
Created on: apexsigngroup.com
125607
Cheryl Roberts
Mike DeMarco
10/29/2020
R3 12/11/20 KF - Updated Cl’s to red no backer for all elevations
R4 01/06/20 KF - Changed Signs back to white on backer for all elevations
R5 01/25/21 KF - Modified Sign B for Parapet mounting, updated Monument specifications
R6 02/05/21 KF - Updated package to reflect latest feedback from client & LL
R7 02/08/21 KF - Updated variance notes, updated photo for Side Elevation
R8 02/12/21 KF - Update City & LL code information, added note on monument page
Side Elevation (East)
Scale: 1/8” = 1’-0”
44
Existing
75’-2 1/2” Lease Dimension
18'-4"5'-0"24"33 3/8"20'-7 1/4"
CLEQ EQ
Allowable Square Footage this Elevation:
Actual Square Footage this Elevation:57.52
NOTE: DRAWING IS FOR REPRESENTATIONAL
PURPOSES ONLY. EXACT DIMENSIONS (FIELD
SURVEY) REQUIRED PRIOR TO FABRICATION
Formula: 200.00 SqFt Aggregate for entire site
87.48
DRC 10/21/2021
56 of 56