DRC Reso 07118-R-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 71
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
NEW, 3,867 SQUARE FOOT, TWO-STORY RESIDENCE WITH A FLOOR AREA RATIO OF
45%.
SECTION I: PROTECT DESCRIPTION
Application No.: 18-R-01
Applicant: SDG Architects
Location: 21860 Alcazar 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 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.
3. The proposed residence has been designed to. be in scale and harmonious with the
general neighborhood.
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.
6. The deck design is such that it decreases privacy intrusion to adjoining properties to
the greatest extent.
Resolution No. 71 18-R-01 January 16, 2002
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 18-R-01 set
forth in the Minutes of the Design Review Committee meeting of, January 16, 2001, and are
incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is for a new two-story residence with a floor area ratio of 45% based on the
plan set entitled "New Single Family Residence: 21860 Alcazar Avenue Cupertino,
California" by SDG Architects dated December 21, 2001.
2. BASE OF TOWER ELEMENT
The applicant shall install landscaping features around the base of the tower to screen the.
view of the blank wall plane. The landscaping features include, but are not limited to,
shrubbery with heights of at least three feet above grade or lattice elements with vines.
The installed landscape feature must be approved by the Director of Community
Development prior to final occupancy. Property owners may change this feature in the
future to a comparable alternative subject to approval by the Director of Community
Development.
3. TOWER ELEMENT WINDOWS
Windows on the tower element shall be a uniform size.
4. RETAINED BAY TREES
In order to use the existing bay trees as privacy protection, as shown on Sheet A-7 of the
approved plan set, the applicant must submit a signed waiver from the affected property
owner agreeing to the use of those trees for privacy protection, or submit a statement
from an internationally certified arborist that verifies that the existing trees are suitable
for privacy protection based on Chapter 19.28 of the Cupertino Municipal Code.
5. 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 by the Director of Community Development. Proof
of recordation must be submitted to the Community Development Department prior to
final occupancy of the residence.
Resolution No. 71 18-R-01 January 16, 2002
Page 3
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.
PASSED AND ADOPTED this 16t1' day of January 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:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
Ciddy Wordell
City Planner
g/planning/dre/18-R-01 reso.doc
Chen and Chairperson Auerbach
APPROVED:
Marc Atkf6ach, Chairperson
Design Review Committee