DRC Reso 182R-2004-37
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 182
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
EXCEPTION FOR A 100 SQUARE FOOT SECOND STORY ADDITION THAT RESULTS IN
THE SECOND STORY EXCEEDING 35 % OF THE FIRST STORY AND EXCEPTIONS TO
ALLOW MORE THAN 50% OF THE SECOND STORY EXTERIOR WALLS WITHOUT
WALL OFFSETS
SECTION I: PROTECT DESCRIPTION
Application No.: R-2004-37
Applicant: Thomas Liu
Location: 10077 Scenic Blvd.
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. The literal enforcement of the provisions of this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter;
2. The granting of this exception will not result in a condition that is materially
detrimental to the public health, safety and welfare;
3. The exception 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, the design review application is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; and
Resolution No. 182 R-2004-37 October 27, 2004
Page 2
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-2004-37 set
forth in the Minutes of the Design Review Committee meeting of, October 27, 2004, and are
incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
T)FPT
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Residential House Remodel, Owner: Teresa
Wu, 10077 Scenic Blvd., Cupertino, CA. 95014," received October 14, 2004 consisting of
three sheets (A1 -A3), 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. 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 27f day of October 2004, 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:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
Ciddy Worde
City Planner.
Commissioner Miller and Chairperson Wong
APPROVED:
Gilbert Wong, Chairpe o
Design Review Co ' it e