DRC Reso 275 EXG2008-12, R-2008-19
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 275
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
TO REDUCE THE REQUIRED TEN (10) FOOT SECOND STORY
SETBACK SURCHARGE FROM TEN FEET TO FOUR FEET SIX INCHES
ON AT NEW TWO-STORY 2,385 SQUARE FOOT SINGLE FAMILY
RESIDENCE
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2008-12, R-2008-19
Applicant: Mohsen Jalili
Location: 10310 Moretti Drive
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application to reduce the required ten (10) foot second story setback surcharge from ten
feet to four feet six inches.
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area;
1. Literal En orcement o the�rovisions o this chapter will result in restrictions
inconsistent zvith the s�irit and intent of this chapter
The intent of the ordinance is addressed. The lot is not typical in width, resulting in
unreasonable restrictions that limit the use of the lot.
2. The�ro�osed develo�ment zvill not be i�urious to properti�or improvements in the area,
nor detrimental to the public health, safety, or zvel are
The proposed design is consistent with the neighborhood pattern and will not create
public health, safety or welfare issues.
3. The exce�tion to be Qranted is one that zuill require the least modi�ication of the prescribed
design reQulation and the minimum variance that will accomplish the purpose
Resolution No.275 EXC-2008-12,R-2008-19 July 3,2008
Page 2
Historically, the majority of the proposed surcharge exceptions are proposed along
portions of a parcel that is non-conforming in width or shape. The subject lot width
decreases from 53 feet at the front property line to 34 feet at the rear property line.
The width of the lot doesri t allow reasonable use of the second story, and any
second story would extend into the surcharge area.
4. The proposed exception will not result in signi�icant visual impact as viezved om
abutti�pro�erties
The proposed second story setbacks are compatible with neighboring buildings and
will not result in significant visual impacts.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Application No. EXC-2008-12 and R-2008-19, is hereby
approved; 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
EXC-2008-12 and R-2008-19 as set forth in the Minutes of the Design Review Committee
Meeting of July 3, 2008, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set titled "New Custom Home, Mr. & Mrs. Jalili, 10310
Moretti Drive, Cupertino, CA" consisting of nine pages, dated March 20, 2008, except as
may be amended by conditions in this resolution.
2. PRIVACY PLANTING
The final privacy planting plan shall be reviewed and approved by the Planning
Department prior to issuance of building permits. If existing tree(s) is used for
privacy screening, a letter from a certified arborist shall be submitted confirming
that the tree(s) is in good condition and is appropriate privacy protection in any
season.
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, consistent with the R-1 Ordinance, for all windows with views into
neighboring yards and a sill height that is 5 feet or less from the second story
finished floor. The precise language will be subject to approval by the Director of
Resolution No.275 EXC-2008-12,R-2008-19 July 3,2008
Page 3
Community Development. Proof of recordation must be submitted to the
Community Development Department prior to final occupancy of the residence.
4. EXCEPTION APPROVAL
Approval is hereby granted for the construction of two-story single-family
residence to reduce the required ten (10) foot second story surcharge.
5. 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 3rd day of July 2008, 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 Giefer, Brophy
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
.
ATTES . PRO
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Steve Piasecki r Cha
Director, Community Development esign Review ittee