DRC Reso 139R-2003-23
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 139
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A NEW TWO STORY HOUSE WITH AN EXCEPTION TO SECTION 19.28.060 OF THE
CUPERTINO MUNICIPAL CODE THE SINGLE -STORY BUILDING ENVELOPE.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2003-23
Applicant/ Owner: Frankie Law (Mike Chen)
Location: 10559 Felton Way
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a special permit and 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 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 literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title.
7. That the granting of the exception will not result in a condition, which is
materially detrimental to the public health, safety, or welfare. .
8. 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.
9. The proposed residence will not result in significant adverse visual impacts as
viewed from adjoining properties.
Resolution No. 139 R-2003-23 December 17, 2003
Page 2
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-2003-23, 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-2003-23 as set forth in the Minutes of the Design Review Committee Meeting of
December 17, 2003, 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: "Law/Chow Residence," except as
amended by this resolution.
2. 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 of Planning staff.
Proof of recordation must be submitted to the Community Development
Department prior to final occupancy of the residence.
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 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:
Resolution No. 139 R-2003-23 December 17, 2003
Page 3
ATTEST:
APPROVED:
/s/ Ciddy Wordell /s/ Taghi Saadati
Ciddy Wordell Taghi Saadati, Chairperson
City Planner Design Review Committee
G:\ Planning \ DRC \ res \ R-2003-23 res. doc