DRC Reso 235 R-2006-13
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 235
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A RESIDENTIAL DESIGN REVIEW FOR A 781 SQUARE FOOT ADDITION, AN
EXCEPTION FOR FIVE-FOOT SIDE YARD SETBACKS AND AN EXCEPTION FOR A
20' BY 19'4" TWO-CAR GARAGE IN ACCORDANCE WITH CHAPTER 19.28 OF THE
CUPERTINO MUNICIPAL CODE.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2006-13
Applicant/Owner: Chia-Ching Lin (Ng Residence)
Location: 21820 Lomita Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a 781 square foot single-story addition and an exception for five-foot
side yard setbacks and an exception for a 20 foot by 19 foot 4 inch two-car garage, as
described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area and the following exception can be met;
1. That the literal enforcement of the provisions of this will result in restrictions
inconsistent with the spirit and intent of this title in that the proposed project is
consistent with the spirit and intent of the zoning ordinance and will not impact
the neighborhood.
2. The granting of the exception will not result in a condition that is materially
detrimental to the public health, safety, or welfare.
3. The exception to be granted is one that will require the least modification of the
prescribed design regulation 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-2006-13, is hereby approved; and that the
sub conclusions upon which the findings and conditions specified in this Resolution are
Resolution No. 235 R-2006-13 May 4, 2006
Page 2
based and contained in the public hearing record concerning Application R-2005-13 as
set forth in the Minutes of the Design Review Committee Meeting of May 4, 2006, and
are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set entitled: "Addition & Remodel Ng's Residence,
21820 Lomita Avenue, Cupertino, CA 95014" Consisting of four sheets labeled: A-0 -
A-4 stamped April 28, 2006, except as may be amended by conditions contained in
this resolution.
2. GARAGE COVENANT
A covenant that runs with the land shall be recorded reserving 14 square feet from
the maximum Floor Area Ratio to allow for future improvements to the garage in
order to conform to the minimum required 20 foot by 20 foot interior clearance per
the Parking Ordinance.
2. 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 4th day of May 2006, 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, Saadati
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED•
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Ciddy Wordell L a Giefer, C � per, n
City Planner Desig vie�Cam ' ee