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DRC Reso 283 EXC-2008-16 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 283 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO TO CONSTRUCT A ONE-CAR GARAGE WHERE A TWO-CAR GARAGE IS REQUIRED BY ORDINANCE AT AN EXISTING SINGLE- FAMILY RESIDENCE. SECTION I: PROTECT DESCRIPTION Application No.: EXC-2008-16 Applicant: Bahram Baron Vazindel Location: 18861 Barnhart Avenue � SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application to construct a one-car garage where a two-car garage is required by ordinance at an existing single-family residence. WHEREAS, the Design Review Committee finds that the changes are beneficial and compatible with the surrounding area; 1. Literal En orcement o�'the provisions o this chapter will result in restrictions inconsistent with the spirit and intent of this chapter The proposed single-car garage is consistent with the neighborhood pattern. In addition, the project will mitigate the existing illegal non-conforming garage conversion. 2. The proposed development will not be injurious to propert�u or improvements in the area, nor detrimental to the public health, sa� , or welfare The proposed single-car garage is compatible with the established single car garage/carport pattern of the neighborhood and will enhance the look of the neighborhood. 3. The exception to be granted is one that will require the least modificatfon o�prescribed design regulation and the minimum variance that will accomplish the purpose Resolution No. 283 EXC-2008-16 November 6,2008 Page 2 SeeA & B. 4. The�roposed exception will not result in significant visual impact as viewed, om abutting properties SeeA & B. 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-2008-16, 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-2008-16 as set forth in the Minutes of the Design Review Committee Meeting of November 6, 2008, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on the plan set submitted by the applicant titled "Vazindel Residence, Master Bed Room & Garage Addition, 18861 Barnhart Avenue, Cupertino CA 94306-2439", consisting of six sheets, dated "September 15, 2008", except as may be amended by the Conditions contained in this Resolution. 2. EXCEPTION APPROVAL Approval is hereby granted for the construction of a one-car garage where a two- car garage is required by ordinance at an existing single-family residence. 3. SINGLE CAR GARAGE COVENANT The property owner shall record a covenant on this property to inform future property owners that the approval of the single car garage is limited to Application No. EXC-2008-16, and shall not apply to any future development proposals on site. 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. INTERIOR GARAGE CLEARANCE The enclosed single car garage shall consist of an internal area encompassing one parking space measuring 10 feet by 20 feet, and shall provide an unobstructed area between six inches from finish floor up to six feet from finished floor. Relocation of the water heater into the single car garage shall meet proper clearance and building code requirements. Resolution No.283 EXC-2008-16 November 6,2008 Page 3 5. EXTERIOR MATERIALS All new exterior materials shall match the existing residence in type, style, finish and color. 6. 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 6� day of November 2008, 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: Chairperson Giefer, Rose NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: �-��° r'". � , , , . r . Chao ',�.is�i Gie e , ai City Planner Design Review Committ e