DRC Reso 138R-2003-22
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 138
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
AN EXCEPTION TO THE SINGLE -STORY BUILDING ENVELOPE IN SECTION
19.28.060 OF THE CUPERTINO MUNICIPAL CODE.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2003-22
Applicant/ Owner: Cheryl Ching
Location: 10831 Barranca Drive
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for an R1 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 literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title.
2. That the granting of the exception will not result in a condition, which is
materially detrimental to the public health, safety, or welfare.
3. That the exception to be granted is one that will -require the least modification of
the prescribed regulations and the minimum variance that will accomplish the
purpose.
4. The proposed residence will not result in significant adverse visual impacts as
viewed from adjoining properties.
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-2003-22, is hereby approved; 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-2003-22 as set forth in the Minutes of the Design Review Committee Meeting of
December 17, 2003, and are incorporated by reference herein.
Resolution No. 138 R-2003-22 December 17, 2003
Page 2
SECTION III: CONDITIONS ADMINISTERED BY . THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a. plan set entitled: "New One Story House: 10831 Barranca
Drive, Cupertino, CA 95014," dated November 15, 2003, except as amended by this
resolution.
2. MASTER BATHROOM AND WALK-IN CLOSET
The plate height of the master bathroom and walk-in closet may be 10'.
3. SANTA CLARA VALLEY WATER DISTRICT
The applicant shall file for the appropriate permits with the Santa Clara Valley
Water District and receive approval prior to issuance of building permits.
4. 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 17th day of December 2003, 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 Wong and Chairperson Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
/ s / Ciddy Wordell
Ciddy Wordell
City Planner
G:\Platiiiiizg\DRC\7-es\R-2003-22 res.doc
APPROVED:
/s/ Taghi Saadati
Taghi Saadati, Chairperson
Design Review Committee