DRC Reso 121R-2003-13
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 121
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
EXCEPTIONS TO ALLOW THE SECOND FLOOR TO EXCEED 35% OF THE FIRST
FLOOR, MORE THAN 50% OF SECOND STORY EXTERIOR WALL HAVING VISIBLE
HEIGHTS GREATER THAN 6 FEET AND A SECOND STORY DECK EXCEPTION IN
ACCORDANCE WITH CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2003-13
Applicant/ Owner: Moti Mizrahi
Location: 10725 Santa Lucia Road
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a Fence Exception, as described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area and the following exception findings can be met;
1. That the literal enforcement of the provisions of this t will result in restrictions
inconsistent with the spirit and intent of this title in that the proposed project is
consistent with the spirit and intent of the zoning ordinance since it will not be
visible from the public street due to its unique topography thus not impacting
the streetscape of the neighborhood.
2. The granting of the exception will not result in a condition that is materially
detrimental to the public health, safety, or welfare. The proposed project should
have no negative impacts on the public health, safety and welfare.
3. The exceptions to be granted are ones that will require the least modification of
the prescribed regulations and the minimum variance that will accomplish the
purpose. Due to the topographical limitations and the location of the existing
retaining walls, the proposed additions are occurring at the only plausible area
on the lot, which does require the least modifications to the prescribed
regulations in order to accomplish the expansion. The proposed addition is a
reasonable size so the modifications are warranted.
Resolution No. 121 R-2003-13 September 17, 2003
Page 2
4. The proposed exception will not result in significant visual impact as viewed
from abutting properties. A large portion of the proposed second story addition
will be facing the rear of the site and will not be visible from the adjoining
properties. In addition, the project is required to plant City approved privacy
protection trees.
5. The proposed second story deck is designed such that it decreases 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 application no. R-2003-13, is hereby approved; 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-2003-13 as set forth in the Minutes of the Design Review Committee Meeting of
September 17, 2002, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set entitled: "Moti Mizrahi, 10725 Santa Lucia Road,
Cupertino, Calif." Consisting of nine sheets labeled:1 - 9, and submitted to the DRC
on September 17, 2003, except as may be amended by conditions contained in this
resolution.
2. PRIVACY PROTECTION PLANTING
The applicant/ property owner shall plant City approved privacy protection screen
trees/ shrubs along the southeast and northeast property lines to properly screen the
two second story decks proposed along the rear elevation of the house. Revised
landscaping plan shall be submitted to the Planning Department for review and
approval prior to issuance of building permits.
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 language will be subject to approval of Planning staff.
Proof of recordation must be submitted to the Community Development
Department prior to final occupancy of the residence.
Resolution No. 121 R-2003-13
Page 3
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September 17, 2003
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 17th day of September 2002, 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: Commissioner Wong and Chairperson Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
/s/ Ciddy Wordell
Ciddy Wordell
City Planner
G: \ Planning \ DRC \ res \ R-2003-13 res.doc
APPROVED:
/s/ Taghi Saadati
Taghi Saadati, Chairperson
Design Review Committee