DRC Reso 06515-R-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 65
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW
TWO-STORY RESIDENCE WITH A FLOOR AREA RATIO OF 45%.
SECTION I: PROJECT DESCRIPTION
Application No.: 15-R-01
Applicant: Jason Lin (Eddy Shin)
Location: 10228 N. Stelling Road
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, the zoning ordinance
and the purposes of this title.
2. The granting of the special permit will not result in a condition that is detrimental or injurious
to property or improvements in the vicinity, as the visual impacts of the residence have been
mitigated by the reduction of first and second story wall heights and the arrangement the mass
of the second story toward the center of the residence.
3. The proposed residence has been designed to be in scale and harmonious with the general
neighborhood by transitioning from single -story elements near the side property lines to two-
story elements near the center of the structure and by reducing single -story wall heights to the
maximum extent possible while maintaining a practical interior ceiling height.
4. The proposed residence is consistent with design guidelines developed by the Director of
Community Development.
5. The proposed residence will not result in significant adverse visual impacts as viewed from
adjoining properties due to the reduction in single -story wall heights, reduced interior ceiling
heights, offsets of second -story wall planes and the provision of privacy landscaping along the
property lines.
Resolution No. 65 15-R-01 November 7, 2001
Page 2
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 15-R-01 set forth in the Minutes of
the Design Review Committee meeting of, November 7, 2001, and are incorporated by reference as
though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROJECT
This approval is for a new two-story residence with a floor area ratio of 45% based on the plan set
entitled "Lin Residence" by LRS Associates, except as amended by this resolution.
2. WINDOW SHUTTERS
The window shutters shown on Sheets A-4 and A-5 of the approved plan set shall be
proportionately sized to the associated window glazing for aesthetic compatibility. This condition
does not require that the window shutters be physically operable.
3. FLAT ROOF SECTION
The applicant shall provide details of the flat roof section at the building permit stage. The
Director of Community Development shall review the building plans to ensure that the flat roof
area cannot be easily converted to a second story deck. This condition does not preclude the
request for a second story deck exception in the future.
4. PRIVACY PROTECTION
Privacy protection is based on Sheet A-7 of the approved plan set, expect that privacy planting
along the rear property line shall consist of trees that spread wider than Italian Cypress. The
applicant shall amend the privacy plan prior to the issuance of building permits, subject to approval
by the Director of Community Development.
5. ANNEXATION
This permit is contingent on the annexation of the property into the City of Cupertino.
6. 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.
Resolution No. 65 15-R-01 November 7, 2001
Page 3
PASSED AND ADOPTED this 7t" day of November, 2001, 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: Chen and Chairperson Corr
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
Ciddy V�Tordell
City Planner
g/planning/dre/15-R-01 reso.doc
APPROVE-.
G'
arles Corr, Chairperson
Design Review Committee