DRC Reso 178R-2004-30
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 178
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
NEW, TWO-STORY RESIDENCE WITH A 45% FLOOR AREA RATIO AND AN R1
EXCEPTION FOR SECOND STORY AREA THAT IS MORE THAN 35% OF THE FIRST
STORY AREA.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2004-30
Applicant: Suejane Han
Location: 21811 San Fernando Avenue (Parcel 2)
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 project is consistent with the Cupertino Comprehensive General Plan, any
applicable specific plans, zoning ordinances and the purposes of Chapter 19.28 of the
Cupertino Municipal Code.
2. The granting of this permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare;
3. The proposed addition/ home is harmonious in scale and design with the general
neighborhood;
4. The proposed addition/home is generally consistent with design guidelines
developed by the Director of Community Development;
5. The proposed addition/home will not result in significant adverse visual impacts as
viewed from adjoining properties.
Resolution No. 178 R-2004-30 October 6, 2004
Page 2
6. The literal enforcement of the provisions of this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter;
7. The granting of this exception will not result in a condition that is materially
detrimental to the public health, safety and welfare;
8. 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;
9. 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
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-2004-30 set
forth in the Minutes of the Design Review Committee meeting of, October 6, 2004, 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 the plan set entitled "A New Residence For: Mrs. Suejane Han,
21811 San Fernando Avenue, Cupertino, CA (Parcel 2)," dated 9/06/04, consisting of 6
pages, except as may be amended by conditions in this resolution.
2. PRIVACY PLANTING PLAN
A detailed privacy -planting plan shall be submitted to the Planning Department for
review and approval prior to issuance of the building permits. The plan shall be
consistent, with the privacy screening provisions in the Chapter 19.28 of the Zoning
Ordinance.
3. 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.
Resolution No. 178 R-2004-30 October 6, 2004
Page 3
5. 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 6f 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 Wordell
City Planner
G: \ Planning \ DRC \ res \ 2004 \R-2004-30 res.doc
Commissioner Miller and Chairperson Wong
APPROVED:
Gilbert Wong, Chairpers
Design Review Committee