DRC Reso 125R-2003-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 125
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN
EXCEPTION TO SECTION 19.28.060 TO ALLOW A NEW TWO-STORY RESIDENCE
WITHOUT THE REQUIRED SECOND -STORY WALL OFFSETS.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2003-14
Applicant: Peter Hoang
Location: 7822 Festival 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 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 applicant proposes mitigation measures including trellis features and additional tree
planting to soften and screen the mass of the second story, which is consistent with the
spirit and intent of the regulation that the exception is granted for.
2. The granting of the exception will not result in a condition that is materially detrimental
to the public health, safety and welfare due to the additional visual mitigation.
3. The exception to be granted requires the least modification of the prescribed design
regulation and the minimum variance that will accomplish the purpose.
4. The proposed exception will not result in significant visual impacts as viewed from
abutting properties due to the additional visual mitigation.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the exception to Section 19.28.060 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-2003-14 set
forth in the Minutes of the Design Review Committee meeting of, November 5, 2003, and are
incorporated by reference as though fully set forth herein.
Resolution No. 125 R-2003-14 November 5, 2003
Page 2
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is for one exception to Section 19.28.060 of the Cupertino Municipal Code to
allow second story wall planes without the required wall offset based on the plan set
entitled "Mr. & Mrs. Hoang's Residence" by Professional Design dated September 5, 2003,
as amended by this resolution.
2. ADDITIONAL VISUAL MITIGATION
The applicant shall plant and retain three additional 36" box evergreen trees to mitigate
the visual and privacy impacts from the residence to the satisfaction of Planning staff.
These trees shall be recorded on a covenant. The metal -work element on the front
elevation shall be installed in the alcove on the southerly elevation.
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(4) (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 5th day of November 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:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
Commissioner Wong and Chairperson Saadati
/s/ Ciddy Wordell
Ciddy Wordell
City Planner
G:\P1anning\DRC\res\R-2003-14 res3.doc
APPROVED:
/s/ Tag_hi Saadati
Taghi Saadati, Chairperson
Design Review Committee