DRC Reso 020CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 20
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW
TWO-STORY RESIDENCE WITH A FLOOR AREA RATIO OF 45% AND AN EXCEPTION TO
THE R-1 ORDINANCE TO ALLOW THE SECOND STORY SETBACK SURCHARGE TO BE
REDUCED TO TEN FEET WHERE FIFTEEN FEET IS REQUIRED.
SECTION I: 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.
6. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and
intent of this chapter.
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.
9. The proposed exception will not result in significant visual impacts as viewed from abutting
properties, as the second story addition is set back from the first story wall planes and second story
windows with views into neighboring yards are screened with tree planting.
Resolution No. 20 08-R-00 August 24, 2000
Page 2
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 07-R-00 Set forth in the Minutes of
the Design Review Committee meeting of, August 24, 2000, and are incorporated by reference as
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 08-R-00
Applicant: Jon Willey
Location: 18870 Tilson Avenue
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 45%, with a second story
that is 35% of the first story, and a second story setback surcharge of 10 feet where 15 feet is
required. The approval is conceptually based on the plan set entitled "Willey Family Home
Expansion," Sheets 1-5 of 12, dated May 30, 2000.
2. PRIVACY PROTECTION
Privacy planting will be provided along the side and rear property lines in the form of trees and
shrubs that are listed in Section 19.28 of the Cupertino Municipal Code.
3. FRONT YARD TREE PLANTING
One 24" box tree shall be planted in the front yard, in a location to soften the appearance of the two
story elements, of the residence.
5. 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.
Resolution No. 20 08-R-00 August 24, 2000
Page 3
PASSED AND ADOPTED this 24"' day of August, 2000, 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:
10
ctzC-�
Ciddy Wordeff
City Planner
glplanningldre/08-R-00 reso.doc
APPROVED:
tes
y Stevens
ign Review Committee