DRC Reso 145R-2004-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 145
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A 1,128 SQUARE FOOT FIRST STORY ADDITION ANIS A 1,063 SQUARE FOOT
SECOND STORY ON' AN EXISTING 1,955 SQUARE FOOT RESIDENCE AND AN
EXCEPTION TO INCLUDE A SECOND STORY DECK.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2004-05
Applicant/ Owner: Bhopinder Matharu
Location: 21828 Alcazar Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a special permit and second -story deck exception, 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 findings can be met;
1. The project will be consistent with the Cupertino Comprehensive General Plan,
any applicable specific plans, zoning ordinances and the purposes of this title.
2. The granting of the special 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 is harmonious in scale and design ,with the general
neighborhood.
4. The proposed addition is consistent with design guidelines approved by the City
Council.
5. The proposed addition will not result, in significant adverse visual impacts as
viewed from adjoining properties.
6. The proposed second story deck is designed such that it decreases privacy
intrusion to adjoining properties to the greatest extent.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application no. R-2004-05, is hereby approved; and
Resolution No. 145 R-2004-05 March 17, 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-2004-05 as set forth in the Minutes of the Design Review Committee Meeting of
March 17, 2004, 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: "Matharu Residence, 21828 Alcazar Ave.,
Cupertino, CA 95014," dated February 9, 2004, except as amended by this resolution.
2. PRIVACY PROTECTION COVENANT
If applicable, 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 of Planning staff.
Proof of recordation must be submitted to the Community Development
Department prior to final occupancy of the residence.
3. 45 % MAXIMUM FLOOR AREA RATIO
The proposed house square footage (all substantially enclosed area) shall not exceed
45% of the net lot size (45% of 9,100 = 4,095 square feet). The plans shall be revised
accordingly and be submitted to the Planning Department for approval prior to
issuance of building permits.
4. COLOR AND MATERIAL
The final house exterior color and material 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 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.
Resolution No. 145 R-2004-05 March 17, 2004
Page 3
PASSED AND ADOPTED this 17th day of March 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:\P1anning\DRC\res\R-2005-05 res.doc
APPROVED:
/pao
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Gilbert Wong, Chairperso
Design Review Committee