DRC Reso 00207-RDRC-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.2
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A 237
SQUARE FOOT SECOND STORY ADDITION THAT WILL RESULT IN A FLOOR AREA
RATIO OF 44% ON SITE; AN EXCEPTION TO THE R-1 ORDINANCE TO HAVE A SECOND
FLOOR TO FIRST FLOOR AREA RATIO OF 41% WHERE ONLY 35% IS ALLOWED; AND AN
EXCEPTION TO ALLOW A 73 SQUARE FOOT SECOND STORY DECK.
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, and will not be detrimental to the public health, safety or
welfare.
3. The proposed addition is harmonious in scale and design with the general neighborhood, in that the
neighborhood consists of many two-story homes, the addition will have a minimal visual impact
when viewed from the public right-of-way, and the existing roof pitch is incorporated in the
addition's design.
4. The proposed addition/home is generally consistent with design guidelines developed by the
Director of Community Development, in that the addition has a minimal impact on the front
elevation and does not substantially increase the visual mass of the building.
5. The proposed addition/home will not result in significant adverse visual impacts as viewed from
adjoining properties, such that the addition directly affects one neighbor, who has provided written
support for the project.
6. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with
the spirit and intent of this chapter, as the addition does not substantially increase the visible mass
of the structure despite the second -floor -to -first -floor -area proportion exceeding the 35% limit of
the ordinance.
Resolution No. 2 07-RDRC-00 May 10, 2000
Page 2
7. The granting of the exceptions will not result in a condition that is materially detrimental to the
public health, safety, and welfare, in that the neighbor affected by the addition has signed a waiver
for privacy protection and has conceptually approved the design.
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, in that decreasing the size
of the requested exception will not significantly improve the visual mass of the building.
9. The proposed exception will not result in significant visual impact as viewed from abutting
properties, as the addition directly impacts one neighbor, who has signed a waiver for privacy
protection and has conceptually approved the design.
10. The deck design is such that it decreases privacy intrusion to adjoining properties to the greatest
extent, such that a 5 foot high stucco wall has been included to screen direct views into neighboring
yards, and said wall has been accepted by the affected neighbor with written correspondence on file
with the Department of Community Development.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the 237 square foot second story addition, the exception to the Section 19.28.060 and the second
story deck exception are 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-RDRC-00 set forth in the
Minutes of the Design Review Committee meeting of, May 10, 2000, and are incorporated by
reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 07-RDRC-00
Applicant: Joseph and Charean Marshall (Summit Remodeling)
Location: 10827 Linda Vista Drive
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "Second Story Addition for the Marshall Family" dated
January 1, 2000, last updated April 28, 2000.
W a
Resolution No. 2 07-RDRC-00 May 10, 2000
Page 3
PASSED AND ADOPTED this 10"' day of May, 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: Stevens, Kwok
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Ciddy Worde 1
City Planner
g/planning/dre/07-RDRC-00 reso.doc
APPROVED:
�Jergry Stevens, Chairman jDesi n Review Committee