DRC Reso 286 ASA-2009-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 286
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE REVIEW OF A NEW 5,202 SQUARE
FOOT, TWO-STORY RESIDENCE AT 10450 SERRA STREET IN THE OAK VALLEY
PLANNED DEVELOPMENT DISTRICT
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2009-03
Applicant: Barre Barnes (Jay & Reena Pasricha)
Location: 10450 Serra Street
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. The proposal, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2. The proposal is consistent with the purposes of this chapter, the General Plan, Use
Permit 6-U-97, and zoning ordinance;
3. Abrupt changes in building scale is avoided and a gradual transition related to height
and bulk is achieved;
4. Design harmony between new and existing buildings is protected through the use of
consistent or compatible design and color schemes;
5. The new development is designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures.
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
Resolution No. 286 ASA-2009-03 March 5,2009
Page 2
That the sub conclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application ASA-2009-03
set forth in the Minutes of the Design Review Committee meeting of March 5, 2009, 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 submitted plan set entitled, "Serra Street Residence" consisting of 12 pages,
dated February 16, 2009, and accompanying material sheet, except as may be amended by
conditions contained within. Colors may vary as long as it is a closely related color and does not
exceed the light reflectivity value requirements stated in Use Permit 6-U-97's Design Guidelines.
2. DRIVEWAY PAVING
The concrete driveway pavers shall be pervious or porous. A material sample shall be reviewed
and approved by the Planning Division prior to issuance of building permits.
3. GREEN BUILDING MEASURES
The City recommends that the applicant incorporate green building measures into the project. The
green building measures may include but not be limited to: low VOC paints,maximizing recycled
building materials, solar efficiency/energy, energy efficient windows/appliances/mechanical
equipments, maximizing onsite water retention, and draught tolerant and pest resistant
landscaping.
4. FENCING
No gates are permitted between the public and private open space. Only open fencing is allowed
between the developed yard and private open space. All open fencing shall be painted with dark,
flat paint.
5. LINEAR PARK
The property owner shall be responsible for maintaining the sidewalk and landscaping in the
linear park area,which shall be maintained consistent with the street tree plan.
6. GEOTECHNICAL REVIEW
Prior to building permit approval, the applicant shall comply with the recommendations outlined
in the Cotton Shires & Associates, Inc. Geologic Peer Review letter dated March 2, 2009 and the
recommendations in the Pollak Engineering Inc. Geotechnical Investigation letter dated August 4,
2008 and pertaining to the proposed development.
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Resolution No. 286 ASA-2009-03 March 5,2009
Page 2
7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest within this 90-day period complying with all of the requirements of
Section 66020,you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 5� day of March 2009, 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: Chairperson Brophy, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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