DRC Reso 032U
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 32
15-R-00
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW
TWO STORY RESIDENCE WITH A 37.8% FLOOR AREA RATIO AND AN EXCEPTION TO
ALLOW A SECOND STORY THAT IS 38.6% OF THE FIRST STORY AREA WHERE 35% IS
REQUIRED.
SECTION I: PROJECT DESCRIPTION
Application No.: 15-R-00
Applicant: Barbara Gwozdz
Location: 10367 Byrne 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 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, as nearby
residences have higher second story mass than the proposed residence.
4. The proposed addition/home is 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 since the proposed house has a smaller mass than the residences on either side
of the subject site.
6. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and
intent of this chapter, as the proposed house could conform to the ordinance by increasing the size
of the first floor of the residence, which was not the spirit of the ordinance, and the proposed house
was designed to minimize visual impacts from the street and from neighboring properties.
Resolution No.32 15-R-00 January 10, 2001
Page 2
7. The granting of the exception will not result in a condition that is materially detrimental to the
public health, safety and welfare.
8. 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, as the request is to exceed
the ordinance requirement by 3.6% which is equivalent to 73 square feet.
9. The proposed exception will not result in significant visual impacts as viewed from abutting
properties since the proposed house has a smaller mass than the residences on either side of the
subject site.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the second story deck exception 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-00 Set forth in the Minutes of
the Design Review Committee meeting of, January 10, 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 37.8%, and a 761 square
foot second story. The design is based on the plan set entitled "10367 Byrne Avenue" dated
October 2000, as amended by this resolution.
2. ROOF PITCH
The roof pitch shall match the front elevation on Sheet 5.1 of the approved plan set. All other
elevations shall be adjusted to snatch the roof pitch of the front elevation on Sheet 5.1 and shall be
subject to approval by the Director of Community Development prior to issuance of building
permits.
3. PRIVACY PROTECTION
Privacy planting will be provided along the side and rear property lines in the areas shown on the
Sheet S, site plan of the approved plan set.
4. GRADING
The final grading plan will be subject to review and approval by the Director of Community
Development prior to issuance of grading and building permits.
5. SECOND DWELLING UNIT
This resolution does not include approval for a second dwelling unit. In order to prevent an illegal
conversion, the proposed bar facilities in the basement shall be limited to a bar sink and bar
refrigerator. 220V electrical or gas outlets shall not be permitted in the basement.
Resolution No.32 15-R-00 January 10, 2001
Page 3
PASSED AND ADOPTED this I 01 day of January, 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:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
qf :�y
Ciddy Wordell
City Planner
g/planning/dre/1 S -R-00 reso.doc
APPROVED:
Vs
Stevens
� n Review Committee
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