DRC Reso 166R-2004-19
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 166
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
NEW, TWO-STORY HOUSE WITH A 45 % FLOOR AREA RATIO, AN EXCEPTION TO THE
R1 ORDINANCE FOR A SECOND STORY THAT IS 41 % OF THE FIRST STORYAND A
SECOND STORY DECK EXCEPTION.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2004-19
Applicant: Mike Amini (Mazeni residence)
Location: 10580 San Leandro Avenue
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 is consistent with the Cupertino Comprehensive General Plan, any
applicable specific plans, zoning ordinances and the purposes of Chapter 19.28 of the
Cupertino Municipal Code.
2. The granting of this permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare;
3. The proposed home is harmonious in scale and design with the general neighborhood;
4. The proposed home is generally consistent with design guidelines developed by the
Director of Community Development;
5. The proposed home will not result in significant adverse visual impacts as viewed
from adjoining properties.
Resolution No. 166 R-2004-19 August 18, 2004
Page 2
6. The literal enforcement of the provisions of this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter;
7. The granting of this exception will not result in a condition that is materially
detrimental to the public health, safety and welfare;
8. The exception granted is one that will require the least modification of the prescribed
design regulation and the minimum variance that will accomplish the purpose;
9. The proposed exception will not result in significant visual impact as viewed from
abutting properties.
10. The proposed second story decks are designed to decrease privacy intrusion to
adjoining properties to the greatest extent.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record` concerning Application R-2004-19 set
forth in the Minutes of the Design Review Committee meeting of, August 18, 2004, 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 new, two-story house with a 45% floor area ratio, an exception to
the R1 Ordinance for a second story that is 41 % of the first story, second story wall offsets
and a second story deck exception, based on the plan set entitled "Mazeni Residence,
10580 San Leandro Avenue, Cupertino, CA" dated 6/24/04, consisting of 6 pages, except
as may be amended by conditions in this resolution.
2. PRIVACY PLANTING PLAN
A detailed privacy -planting plan shall be submitted to the Planning Department for
review and approval prior to issuance of the building permits. The plan shall be
consistent with the privacy screening provisions in the Chapter 19.28 of the Cupertino
Municipal Code.
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. The precise
Resolution No. 166 R-2004-19 August 18, 2004
Page 3
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.
4. GARAGE COLUMNS
The columns on the sides of the garage shall be shifted forward slightly so more gaps are
between the columns and the wall. Revised plans shall be review and approved by the
Planning Department prior to issuance of building permits.
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 181h day of August 2004, 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:
ABSTAIN
ABSENT:
ATTEST:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Ciddy Worde 1
City Planner
G: \ Planning j DRC \ res \ R-2004-19 res.doc
Commissioner Miller and Chairperson Wong
APPROVED:
Gilbert Wong, Chairperson
Design Review Committee