DRC Reso 215R-2005-13, RM=2005-13
CITY OF CUPERTINO
10300 Torre Avenge
Cupertino, California 95014
RESOLUTION NO. 215
OF THE DESIGN REVIEW COMMITTEE OF TI IP CITY OF CUPERTINO APPROVING
A RESIDENTIAL DESIGN REVIEW OF A 1,570 SQUARE FOOT FIRST AND SECOND
STORY ADDITION AND EXCEPTIONS TO ALLOW THE SECOND FLOOR TO
EXCEED 45 % OF THE FIRST FLOOR AND TO HAVE MORE THAN 50 OF SECOND
STORY EXTERIOR -WALLS HAVING VISIBLE HEIGHTS GREATER THAN 6 FEET
AND A MINOR RESIDENTIAL PERMIT FORA SECOND STORY DECK IN
ACCORDANCE WITH CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2005-13, RM -2005-13
Applicant/ Owner: Vivek and Jyotsana Jain
Location: 10397 Amistad Court
SECTION II: FINDINGS
WHEREAS, the Design Review Conu-nittee of the City of Cupertino received an
application for a 1,570 square foot first and second story addition and exceptions to
allow the second floor to exceed 45% of the first story and to have more than 50% of the
second story exterior walls have visible heights greater than six feet and a second story
deck, 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 and second story
deck findings can be met;
1. That the literal enforcement of the provisions of this 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 and will not impact
the neighborhood since the project is alleviating the second to first floor ratio and .
it --is also alleviating the percentage of second story walls that are taller than six
feet.
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.
Resolution No. 215 R-2005-13, RM -2005-13 July 7, 2005
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3. 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. The applicant's request will not make the house more non -conforming.
In fact, the project will improve the nonconformity of the existing house.
4. The proposed exception will not result in significant visual impact as viewed
from abutting properties. Additionally, the project is required to plant City
approved privacy protection trees.
5. The project is consistent with the Cupertino General Plan, any applicable specific
plans, zoning ordinances and the purposes of this title.
6. The granting of the permit will not result in a condition that is detrimental or
injurious to the property or improvements in the vicinity, and will not be
detrimental to the public health, safety or welfare.
7. The proposed project is harmonious in scale and design with the general
neighborhood.
8. Adverse visual impacts on adjoining properties have been reasonably mitigated.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the. applications no. R-2005-13 and RM -2005-13, are hereby
approved; and That the sub conclusions upon which the findings and conditions
specified in this Resolution are based and contained in the public hearing record
concerning Applications R-2005-13 and RM -2005-13 as set forth in the Minutes of the
Design Review Committee Meeting of July 7, 2005, 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: "Jain Residence Remodel, 10397 Amistad
Court, Cupertino, CA 95014" Consisting of eleven sheets labeled: A-0.0 A-6;1 dated
May 10, 2005 and "Survey Plot Map and Topographic Map" dated December 05,
2004, and submitted to the DRC on June 16, 2005, 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
Resolution No. 215 R-2005-13, RM -2005-13 July 7, 2005
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landscaping plan shall be submitted to the Planning Department for review and
approval prior to issuance of building permits. The row of existing Eucalyptus trees
along the southerly boundary must be removed and the applicant should work with
the neighbor to plant a row of. City approved screening trees or shrubs. Trees or
shrubs that are NOT on the City approved list can be used if the adjacent
neighbor(s) sign the privacy waiver form.
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.
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 7th day of July 2005, 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 Acting Chairperson Giefer
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairperson Miller
Community Development Director
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