DRC Reso 231 R-2005-48
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 231
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
NEW TWO-STORY, 2,712 SQUARE FOOT RESIDENCE AND AN EXCEPTION FOR A 15-
FOOT FRONT YARD SETBACK FOR A PORTION OF THE FIRST STORY.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2005-48
Applicant: Dick Fang
Location: 18945 Tilson Avenue
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. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title.
The purpose of the zoning ordinance section 19.28.060 D (2a) is to ensure appropriate
visual and physical building separations from the street as it relates to adjacent
neighboring buildings. The proposed front yard and the exception requested meet the
spirit of the ordinance and at the same time provide a reasonable building area to the
property owner on an irregular shaped lot.
2. That the approval of the exceptions will not result in a condition that is materially
detrimental to the public health, safety, or welfare.
The house will not cause any 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.
The proposed house meets all of the articulation and setback rules and its design is
consistent with the intent of the ordinance. The 15 to 18 foot front yard exception
requires the least modification to the prescribed regulations in order to allow for a
Resolution No. 231 R-2005-0�8 January 5, 2006
Page 2
reasonable two-story home. The applicant is only requesting for portions of the frontage
to be less than 20 feet in order to be compatible with the adjacent lot to the southeast.
4. The proposed exception will not result in significant visual impact as viewed from
abutting properties,
The house will not cause any significant visual impacts to the neighbors given its excellent
design and exterior treatments.
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 subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application R-2005-48 set
forth in the Minutes of the Design Review Committee meeting of, January 5, 2006, and are
incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is based on a plan set entitled, "A New Residence For: Mr. & Mrs. Nam K.
Oh, 18945 Tilson Avenue, Cupertino, CA.", dated November 11, 2005, consisting of five
sheets, except as may be amended by conditions in this resolution.
2. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the Design
Review Committee.
3. CONFIRMATION OF TREE SPECIE
The City Arborist shall confirm that the 16" tree located in the footprint of the new
driveway to be removed is not an Oak Tree prior to issuance of building permits. If the
tree is an Oak, then appropriate tree removal permits must be obtained from the Planning
Commission.
4. DRIVEWAY PROXIMITY TO STOP SIGN
Prior to issuance of building permits, the new driveway plan shall be reviewed by the
Public Works Department to ensure safe distance from the existing stop sign located
along the project frontage.
Resolution No. 231 R-2005-048 January 5, 2006
Page 3
5. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property
owners of the privacy protection measures and tree protection requirements. 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.
6. PRIVACY PROTECTION PLANTING
A detailed privacy protection plan shall be submitted and approved by the Planning
Department prior to issuance of the building permits. The plan shall be consistent with
the privacy protection ordinance.
7. GARAGE SETBACK
The garage shall be setback at least 20 feet from the front property line.
8. 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 5� day of January 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: Giefer, Chairperson Miller
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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Ciddy Wordell Mar ill r, Chairperson
City Planner Design Rev w Committee