DRC Reso 260 R-2007-29
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 260
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
RESIDENTIAL DESIGN REVIEW FOR A NEW TWO-STORY APPROXIMATELY 3,438
SQUARE FOOT RESIDENCE AND AN EXCEPTION TO EXCEED THE ALLOWED FLOOR
AREA RATIO
SECTION II: PROTECT DESCRIPTION
Application No.: R-2007-29
Applicant/Owner: Ray Chen
Location: 10220 Sterling Road
SECTION II: FINDINGS
WHEREAS,the Design Review Committee of the City of Cupertino received an application for
a new,two-story approximately 3,438 square foot residence with an exception to exceed the
allowed floor area ratio (60%), as described in this Resolution; and
1. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title.
2. That the approval of the exceptions will not result in a condition that is materially
detrimental to the public health, safety, or welfare.
3. That the exceptions to be granted are ones that will require the least modification of
the prescribed regulations and the minimum variance that will accomplish the
purpose.
4. The proposed exception will not result in significant visual impact as viewed from
abutting properties.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps,facts, exhibits, testimony and other evidence submitted
in this matter, application no. R-2007-29, 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-2007-29 as set forth in the Minutes of the
Design Review Committee Meeting of September 6, 2007, and are incorporated by reference
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
Resolution No. 260 R-2007-29 September 6, 2007
Page 2
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1. APPROVED EXHIBITS
Approval is based on a plan set entitled: "Residential New Home for: Mr. Chang, 1220
Sterling Blvd., Cupertino, CA 95014" Consisting of four sheets dated "June 25, 2005", except
as may be amended by conditions contained in this resolution.
2. PRIVACY PLANTING
The project shall be consistent with the privacy planting requirements specified by the R-1
Ordinance. A detailed landscaping plan shall be submitted to the Planning Commission for
approval indicating appropriate privacy screening trees or shrubs prior to issuance of any
building permits. Said trees or shrubs shall be recorded on the property as a covenant to be
preserved and maintained prior to the final occupancy of the project.
3. DEDICATION OF LAND
The applicant/property owner shall dedicate the area of the property east of the Saratoga
Creek- approximately 815 square feet as indicated in the Planning Commission staff report)
to the City for the purpose of a future public creek trail. The applicant shall submit plans of
the dedication (including applicable plat and legal descriptions) to the City for review and
approval prior to issuance of building permits.
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 ADOI'TED this 6th day of September 2007, 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 Wong, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Ciddy Wordell Gilbert Wong, Chairpers
City Planner Design Review Commi e