DRC Reso 167R-2004-21
CITY -OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 167
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
NEW 2,362 SQUARE FOOT TWO-STORY RESIDENCE.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2004-21
Applicant: Sugi Loganathan
Location: 10609 Morengo Drive
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 Conunittee 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 home is harmonious in scale and design with the general neighborhood;
4. The proposed home is generally consistent with design guidelines developed by the
Director of Community Development;
5. The proposed home will not result in significant adverse visual impacts as viewed
from adjoining properties.
Resolution No. 167 R-2004-21 August 18, 2004
Page 2
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-2004-21 set
forth in the Minutes of the Design Review Committee meeting of, August 18, 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 for a new two-story residence with a floor area ratio of 45% based on the
plan set entitled "10609 Morengo Drive, Cupertino, CA." except as may be amended by
the conditions of 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 Title 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.
4. SECOND STORY FLOOR PLAN
The applicant shall revise the second story plan to indicate a recess at least two feet deep
by six feet wide along the right elevation to break up the second story wall over 24 feet
wide. Revised plans shall be reviewed and approved by the Planning Department prior
to issuance of building permits.
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
Resolution No. 167 R-2004-21 August 18, 2004
Page 3
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 18th day of August 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: Commissioner Miller and Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Ciddy Wordell
City Planner
G: � Planning \ DRC \ res \ R-2004-21 res.doc
APPROVED:
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Gilbert Wong, Chairperson
Design Review Committee