DRC Reso 04002-R-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 40
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW
TWO-STORY RESIDENCE WITH A FLOOR AREA RATIO OF 43%.
SECTION I: PROJECT DESCRIPTION
Application No.: 02-R-01
Applicant: Michael and Malka Nagel
Location: 101 80 Camino Vista Drive
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 granting of the special permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity.
3. The proposed addition is harmonious in scale and design with the general neighborhood.
4. The proposed addition/home is generally consistent with design guidelines developed by the
Director of Community Development.
5. The proposed addition/home will not result in significant adverse visual impacts as viewed from
adjoining properties.
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 02-R-01 set forth in the Minutes of
the Design Review Committee meeting of, March 14, 2001, and are incorporated by reference as
though fully set forth herein.
Resolution No. 40 02-R-01 March 14, 2001
Page 2
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 43%, with a second story
that is 35% of the first story. The approval is based on the plan set entitled "A New Residence for:
Mr. & Mrs. Michael Nagel," dated February 12, 2001, except as amended by this resolution.
2. SINGLE -STORY WALL PLANE
The maximum height of the rightmost wall on the front elevation shall be 14'-4" measured from
natural grade to the top of plate, in conformance with Section 19.28.060 of the Cupertino
Municipal Code.
3. TREE PLANTING
Trees and shrubs shall be planted and maintained based on the landscaping plan approved as part of
the plan set for the purpose of privacy protection and screening of the two-story residence. One
additional tree shall be planted in the front yard on the subject site in conformance with Chapter
19.28 of the Cupertino Municipal Code. The requirement for the additional tree in the front yard
may be waived by staff if the applicant provides documentation from a certified arborist that there
is not sufficient room for such a tree.
4. 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 14th day of March, 2001, at a Regular Meeting of the Design Review
Committee of the City of Cupertino, State of Califoriva, by the following roll call vote:
AYES:
NOES:
ABSTAIN
ABSENT:
ATTEST:
Ciddy Wordell
City Planner
COMMISSIONERS: Chen, Chairperson Corr
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
APPROV
Charles Corr, Chairperson
Design Review Committee