DRC Reso 189fele � ► :7
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 189
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
NEW, TWO-STORY 4,495 SQUARE FOOT RESIDENCE AND A SECOND STORY DECK
EXCEPTION.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2004-26
Applicant: Daren Shue
Location: 10485 Scenic Blvd.
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, any
applicable specific plans, zoning ordinances and the purposes of Chapter 19.28 of the
Cupertino Municipal. Code.
2. The granting of this 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/ home 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 proposed second story decks. are designed to decrease privacy intrusion to
adjoining properties to the greatest extent.
Resolution No. 189 R-2004-26 January 05, 2004
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 R-2004-26 set
forth in the Minutes of the Design Review Committee meeting of, January 05, 2005, 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 4,495 square foot residence and a second story deck
exception, based on the plan set entitled, "10585 Scenic Blvd., Cupertino, CA", received
December 16, 2004, consisting of 6 pages, except as may be amended by conditions in this
resolution.
2. PRIVACY PLANTING
All new second story windows with sill heights of five feet or under must be screened
with city approved privacy protection screening trees. The balcony on the west elevation
will need to be screened with privacy planting. A written letter is required from' the City
Arborist confirming that some of the existing trees are appropriate to use as privacy
screening.
3. PRIVACY PROTECTION COVENANT
The property owner shall recorda 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.
4. TREE PROTECTION
.Trees number 2, 3, 4, 5, 6 and 9 shall be preserved as part of' this project. The applicant
shall adhere to the recommendations of the City Arborist report dated `July 28, 2004
regarding mitigation measures and construction methods in preserving these trees. Tree
number 1 shall be relocated to another location on the site per the recommendation of the
City Arborist. In addition, the City Arborist prior to issuance` of building permit shall
review the final grading plan and building plan. The City Arborist shall also verify the
relocation of tree number 1 prior to final occupancy.
Resolution No. 189 R-2004-26 January 05, 2004
Page 3
5. GEOLOGICAL REVIEW
The project shall comply with the recommendations of the Geological Report from the
City's Geological Consultant dated August 16, 2004.
6. GUESTS AND INTERIM PARKING
Guests and interim parking are prohibited on the private driveway easement and in front
of the proposed one -car garage along the shared access easement
7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/ or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the Design
Review Committee.
8. SECOND KITCHEN
A second kitchen is not allowed in the basement. A kitchen is defined in chapter 19.08 of
the Cupertino Municipal Code
9. BUIDLING PERMIT SUMBITAL
This approval is valid only if the applicant submits a complete building permit
application package to the Building Department for the prior to March 1, 2005 (effective
date of the new R1 Ordinance).
10. TRAFFIC AND PARKING CONTROL PLAN
Due to concerns raised by neighbors, the applicant shall submit a traffic and parking
control plan to the Public Works Department for review and approval prior to the
issuance of building permits. The plan will address appropriate construction on -street
parking locations and any appropriate traffic control in front of the project site.
11. 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. 189 R-2004-26 January 05, 2004
Page 4
PASSED AND ADOPTED this 5th day of January 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 Miller and Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
�j
Ciddy Wordell Gilbert Wong, Chair
pmrson
City Planner Design Review Committee
G: \ Planning \ DRC � res \ R -2004-26b res.doc