ASA-2005-16b
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
CITY OF
CUPERJINO
COMMUNITY DEVELOPMENT
November 21, 2005
Brian Kelly J r.
Kelly Gordon Development Company
12241 Saratoga-Sunnyvale Rd. #C
Saratoga, Ca. 95070
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application ASA-2005-
16
This letter confirms the decision of the Design Review Committee, given at the meeting
of November 17,2005; approving a 4,707 square foot single story residence in a planned
development zoning district (Oak Valley).
Please be aware that if this permit is not used within two years, it shall expire on
November 17, 2007.
Also, please note that an appeal of this decision can be made within 14 calendar days
from the date of this letter. If this happens, you will be notified of a public hearing,
which will be scheduled before the City CounciL
Sincerely,
" .. ...._.....'"t:?
) ~ !/.,""._"..... ""..-."..,.......-
,.-7 . . /:.:---",.
Piu Ghosh
Assistant Planner
Enclosures:
Resolution No. 226
g:plannil1g/DRC Committee/action letter ASA-2005-16
ASA-2005-16
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 226
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE REVIEW OF A 4,707 SQUARE FOOT
RESIDENCE AT 21170 CAYON OAK WAY AT THE OAK V ALLEY DEVELOPMENT
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2005-16
Brian Kelly Jr. (Kelly Gordon Development Corp.)
21190 Canyon Oak Way
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 proposal, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2. The proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. Abrupt changes in building scale is avoided and a gradual transition related to height
and bulk is achieved;
4. Design harmony between new and existing buildings is protected through the use of
consistent or compatible design and color schemes;
5. The new development is designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures.
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 sub conclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application ASA-2005-16
set forth in the Minutes of the Design Review Committee meeting of, November 17, 2005, and
are incorporated by reference as though fully set forth herein.
Resolution No.
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
ASA-20'0'5-16
November 17, 20'0'5
1. APPROVED EXHIBITS
Approval is based on submitted plan sets and accompanying material board, except as
may be amended by conditions contained within. The siding color and may vary as long
as it is a closely related color and does not exceed the Light Reflectivity Value
requirement.
2. DRIVEWAY PAVING
The driveway shall be paved with permeable pavers on sand and aggregate base (or
similar pervious materials). A material sample and the final design shall be reviewed and
approved by the Planning Department prior to issuance of building permits.
3. 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 660'20'(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 660'20'(a), has begun. If you fail to file a protest within this 90'-
day period complying with all of the requirements of Section 660'20', you will be legally
barred from later challenging such exactions.
PASSED AND ADOPTED this 17th day of November 20'05, at a Regular Meeting of the
Design Review Committee of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
ATTEST:
COMMISSIONERS: Giefer and Saadati
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: Vice-Chair Miller
APPROVED:
! s! Cidd vW or dell
Ciddy Wordell
City Planner
I s/Marty Miller
Marty Miller, Chairperson
Design Review Committee
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