DRC Reso 085R-2002-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 85
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
788 SQUARE FEET ADDITION TO AN EXISTING TWO-STORY RESIDENCE
RESULTING IN A FLOOR AREA RATIO OF 38% AND EXCEPTION 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 16.28 OF THE CUPERTINO MUNICIPAL CODE.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2002-07
Applicant/ Owner: Jo & Diann Major
Location: 10260 Stonydale Drive
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 title 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. That the granting of the exception will not result in a condition which is
materially detrimental to the public health, safety, or welfare in that the
proposed project is an allowed use and is compatible with the surrounding
neighborhoods in terms of setbacks, height, mass, style, and design.
3. That the exception to be granted is one that will require the least modification of
the prescribed regulations and the minimum variance that will accomplish the
purpose in that due to the topographical limitations and the location of the
existing pool, the proposed additions are occurring at the only plausible area on
the lot.
Resolution No. 85 R-2002-07 July 3, 2002
Page 2
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4. The proposed exception will not result in a hazardous condition for pedestrian
and vehicular traffic in that the project is away from any public streets and will
not affect traffic.
5. The proposed development is otherwise consistent with the City's General Plan
and with the purpose of this Chapter as described in Section 16.28.010 in that it's
a single-family uses and the proposed addition is within the allowable square
footage prescribed by the Zoning Ordinance.
6. The project is consistent with the Cupertino Comprehensive General Plan, the
zoning ordinance and the purposes of this title in that it is an allowed use.
7. The granting of this permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity in that it is an allowed use
and has satisfied all of the requirements on setbacks, height limitation, and
overall square footage limitation.
8. The proposed residence has been designed to be in scale and harmonious with
the general neighborhood.
9. The proposed residence is consistent with design guidelines developed by the
Director of Community Development.
10. The proposed residence will not result in significant adverse visual impacts as
viewed from adjoining properties.
11. 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-2002-07, 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-2002-07 as set forth in the Minutes of the Design Review Committee Meeting of July
3, 2002, and are incorporated by reference herein.
Resolution No. 85 R-2002-07 July 3, 2002
Page 3
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set entitled: "Mr. & Mrs. Major, 10260 Stonydale Drive,
Cupertino, Calif." Consisting of eight sheets labeled: Al - A8, and dated 2/2/02,
except as may be amended by conditions contained in this resolution.
2. 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 3rd day of July, 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:
NOES:
ABSTAIN
ABSENT:
ATTEST:
COMMISSIONERS: Commissioner Saadati and Chairman Auerbach
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Ciddy Wordell
City Planner
G: \ Planning \ DRC \ res \ R-2002-07 res. doc
Design Review Committee