DRC Reso 290 EXC-2010-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 290
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
TO ALLOW A 305 SQUARE FOOT GROUND FLOOR ADDITION TO
CONNECT AN EXISTING HOUSE TO A DETACHED GARAGE WITHIN
THE REQUIRED SIDE YARD SETBACK AREA
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2010-02
Applicant: Thu Ha Thi Nguyen
Location: 874 Brent Drive
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application to allow a 305 square foot ground floor addition to connect an existing
house to a detached garage within the required side yard setback area.
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area;
1. Literal Enforcement o�the provisions of this chapter znill result in restrictions
inconsistent zvith the�irit and intent o this chapter
The project is consistent with the intent of the R1 Ordinance in that it does not
create any additional visual impacts to the neighboring properties;
2. The pro�osed develo.pment z��ill not be injurious to properti�or improvements in the area,
nor detrimental to the public health, safetu, or z��elfare
The existing mass and location of the detached garage is not being altered;
3. The exception to be granted is one that zvill require the least modi�ication of the prescribed
design regulation and the minimum z�ariance that znill accomplish the purpose
The proposed addition conforms to the minimum setback requirements of 10 feet
and will not be visible from the public street;
Resolution No. 290 EXC-2010-02 March 18,2010
Page 2
4. The proposed exc�tion znill not result in significant visual impact as viezved {rom
abutting properties
The project is consistent with the intent of the R1 Ordinance in that it does not
create any additional visual impacts to the neighboring properties;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Application No. EXC-2010-02, is hereby approved; 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
EXC-2010-02 as set forth in the Minutes of the Design Review Committee Meeting of
March 18, 2010, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set as part of the staff report to the Design Review
Committee dated December 2009, except as may be amended by conditions in this
resolution.
2. EXCEPTION APPROVAL
Approval is hereby granted for the construction of a 305 square foot ground floor
addition that connects an existing house to a detached garage that is within the
required side yard setback area.
3. EXTERIOR BUILDING MATERIALS/TREATMENTS
New addition materials shall match existing materials in type, finish, color and
style.
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.
Resolution No. 290 EXC-2010-02 March 18,2010
Page 3
PASSED AND ADOPTED this day of March 18, 2010, at a Regular Meeting of the Design
Review Comnuttee of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMITTEE MEMBERS: Chair Lee, Miller
NOES: COMMITTEE MEMBERS: none
ABSTAIN: COMMITTEE MEMBERS: none
ABSENT: COMMITTEE MEMBERS: none
ATTEST: APPROVED:
��..h_S�___ '��---- �--r
Ga ao Winnie Lee '�__ ;
City Planner Design Review Commitfee Chairperson