DRC Reso 108"K11119 1IQ
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 108
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING A NEW TWO-STORY 4,844 SQUARE FOOT RESIDENCE AND A SECOND
STORY DECD EXCEPTION REQUEST
SECTION I: PROTECT DESCRIPTION
Application No.: R-2003-05
Applicant: Nghi Le (Pokala Residence)
Location:. 20972 Greenleaf 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 project is consistent with the Cupertino Comprehensive General Plan, the zoning
ordinance 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.
3. The proposed residence has been designed to be in scale and harmonious with the
general neighborhood.
4. The proposed residence is consistent with design guidelines developed by the Director
of Community Development.
5. The proposed residence 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 design review application is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; and
Resolution No. 108 R-2003-05 April 16, 2003
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-2003-05 set
forth in the Minutes of the Design Review Committee meeting of, April 16, 2003, 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 4,844 square foot two-story residence based on the design in
the plan set entitled "Rao Pokala Residence, 20972 Greenleaf Drive, Cupertino, Ca" by
T.N. Design, dated March 24, 2003. -
2. PRIVACY PROTECTION
Revised landscaping plan shall be reviewed and approved by the Planning Department
prior to issuance of building permits. 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.
3. SECOND STORY DECK
The rear -facing second story deck shall be reduced in size according to diagram 1 of the
staff report dated April 16, 2003. Revised deck/roof plan shall be reviewed and approved
by the Planning Department prior to issuance of building permits.
4. BASEMENT
Minimum side. setback for a Lightwell retaining wall shall be five feet. The number, size
and volume of . lightwells and basement windows and doors shall be the minimum
required by the Uniform Building Code for egress, light and ventilation. No kitchen shall
be allowed in the proposed basement. Kitchen shall be defined as an area in habitable
space used for the preparation of food and including at least three of the following:
Cooking appliance(s) or provision for a cooking appliance (such as 220v outlets,
gas connections and space for appliances between counters;
Counter;
Refrigerator;
Sink.
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
Resolution No. 108 R-2003-05 April 16, 2003
Page 3
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 16th day of April. 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: \ Planning � DRC \ res \ R-2003-05 res.doc
/ s / Taghi Saadati
Taghi Saadati, Chairperson
Design Review Committee