R-2003-09b
10300 Torre Avenue
Cupertino, California 95014
CITY OF Telephone: (408) 777-3308
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COMMUNITY DEVELOPMENT
September 8, 2003
My. Byron Navid
20480 Blauer Drive # A
Saratoga, CA 95070
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2003-09
This letter confirms the decision of the Design Review Committee, given at the meeting
of September 3,2003, approving a special permit to allow a new two-story house with a
42.7% floor area ratio and exceptions to section 19.28.060 of the municipal code relating
to the size of the second story and second story wall offsets, located at 10950 Stevens
Canyon Road, Lot 1, according to Resolution No. 117.
Please be aware that if this permit is not used within one year, it shall expire on
September 3, 2004.
Also note that an appeal of this decision can be made within 14 calendar days of the
decision. If this occurs, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerel y,
I~ 4-11,
Peter Gilli
Senior Planner
Enclosures:
Resolution No. 117
G:planning;VRC Committee/action letter R-2003-09
R-2003-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 117
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
SPECIAL PERMIT TO ALLOW A NEW TWO-STORY HOUSE WITH A 42.7% FLOOR AREA
RATIO AND EXCEPTIONS TO SECTION 19.28.060 OF THE MUNICIPAL CODE
RELATING TO THE SIZE OF THE SECOND STORY AND SECOND STORY WALL
OFFSETS.
SECTION 1: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
R-2003-09
Byron Navid (Navico)
10950 Stevens Canyon Road, Lot 1
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 project will be consistent with the Cupertino Comprehensive General Plan, any
applicable specific plans, zoning ordinances and the purposes of this title.
2. The literal enforcement of this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter.
3. The granting of the exceptions and special permit will not result in a condition that is
materially detrimental to the public health, safety and welfare.
4. 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.
S. The proposed exceptions will not result in significant visual impacts as viewed from
abutting properties.
6. The proposed addition is harmonious in scale and design with the general neighborhood,
since two-story homes are the predominant pattern of development on Miramonte Road.
7. The proposed house design does not include exaggerated wall heights or out-of-scale
elements and is therefore consistent with design guidelines developed by the Director of
Community Development and approved by the City CounciL
Resolution No. 117
Page 2
R-2003-09
~ _ ytember 3, 2003
8. The proposed house will not result in significant adverse visual impacts beyond what
would be expected from a smaller two-story house that would not require a special
permit.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the exceptions to Section 19.28.060 and the special permit are 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-2003-09 set
forth in the Minutes of the Design Review Committee meeting of, September 3f 2003, and are
incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is for a Special Permit to allow a new two-story residence with a floor area
ratio of 42.7% and three exceptions: a second story that is 37.4% of the first story; no
second story wall offset on the elevation facing Stevens Canyon Road; and a reduction in
the street side setback to no less than 9 feet. The approval is conceptually based on the
plan set entitled "Custom Home: Navico Inc., Building 1" by Glush Design Associates,
dated May 2003, last updated on August 20, 2003, as amended by this resolution.
2. SECOND STORY WALL
The applicant shall add at least two more small windows on the second story wall plane
facing Stevens Canyon Road, subject to the approval of the Director of Community
Development.
3. MATERIALS
The applicant shall provide details and examples of materials in the building plans to the
satisfaction of Planning staff prior to the issuance of building permits. Details must
include brick windowsills, wrought iron railing, decorative rafter ends, trim and fascia
boards.
4. PRIV ACY PLANTING
The applicant shall plant privacy screening and irrigation once the exterior construction is
complete. Existing shrubs should be retained wherever possible. New screening shrubs
shall be planted in addition to the required trees shown on the approved plan set.
Planning staff shall make the final determination of whether it is not possible or
appropriate to plant additional landscaping for privacy screening.
Resolution No. 117
Page 3
R-2003-09
~ _ itember 3, 2003
S. PRIV ACY 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.
6. PUBLIC IMPROVEMENTS/STORM WATER RUNOFF
Public improvements and storm water runoff mitigation may be required for this project
including land dedication, installation of curb and gutter, a meandering asphalt sidewalk
along Stevens Canyon Road and the use of permeable pavers for the driveway, subject to
the approval of the City Engineer and Planning staff. An irrevocable offer of dedication
shall be provided for future pedestrian and bicycle route improvements along Stevens
Canyon Road to the satisfaction of the City Engineer. The offer shall be for eight feet of
the property measured parallel to the front property line in addition to the required
dedication for the construction of the house.
7. TREE REMOVAL PERMIT
The applicant shall obtain a tree removal permit from the Planning Commission to
remove the 30" Cedar tree on Lot 1. Failure to obtain said tree removal permit prior to the
expiration of this permit will make this resolution null and void.
8. NOTICE OF FEES, DEDICATIONSf 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 feesf 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 September 2003, at a Regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following roll call
vote:
AYES:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS: Commissioner Wong and Chairperson Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Resolution No. 117
Page 4
R-2003-09
~ ;tember 3, 2003
ATTEST:
APPROVED:
Isl Ciddy Wordell
Ciddy Worden
City Planner
I sl Taghi Saadati
Taghi Saadati, Chairperson
Design Review Committee
CUSTOM
HOME
OWNER: NA VICO INC.
ADDRESS: STEVENS CANYON ROAD
CUPE~TINO~ CALIFORNlk~,-"""-,~"".,,",,,,,,,
(8VILPI~G tit ) " APPROVAL
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ENERGY CA~Cl,ll,ATION$ (TITlF,; 24)
INDEX
ARCHITECTURAL
A-1-CQVERSHEET
A::'- SITE PlAN
A,2a. PRIVACY PROTECTION PLANTING PLAN
AS- FIR13T FLOOR PLAN
A,4- SECOND FLOOR PLAN
11.5- ROOF PLAN
AS- ELEVATIONS
A7- ELEVATIONS
AI:!- ELEVATIONS
A.9- SOF. CAlCULATIONS
CIVil
c, 1- GRADING AND DRAINAGE PLAN
C.2- GRADING SECTIONS
PR ECT DATA
LOT AREA... ..............,9.198 SOf ,
PROPOSED lOT COVERAGE .. 32.4% ~ 2,9S8 SOF"
ALLOWI\BLEFLOOR,AREA.... .45%.. 4,139 SQF i
PROPOSED FLOOR AREA. hhh. ..42.7%= 3_933SQF ';
FIRST FLOOR,.. 2,23[) SOF
GARAGE...................._... .. .... .........70t saF
TOTAL FIRST Fl.OOR AREA ............ 2;9S1 SQF
SECONQ FLOOR........ . . _.... .1,106 SQf
SECOND FlOOR PEP.CENTAGE ""
PORCH.. .
TOTAL LIVING AREA...
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FOOT rRINT.. ........ .m...... 2,990 SQF
PARKING SPACES". .._.. ..........3 COVERED
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