DRC Reso 100R-2002-18
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 100
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN
EXCEPTION TO SECTION 19.28.060 OF THE MUNICIPAL CODE TO ALLOW A FIVE-
FOOT SETBACK ON BOTH SIDE FOR A NEW 2,717 SQUARE FOOT SINGLE -STORY
RESIDENCE ON A 6,056 SQUARE FOOT LOT.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2002-18
Applicant: Henry Lo
Location: 10850 Johnson Avenue
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 not satisfied the following requirements:
1. The literal enforcement of this chapter does result in restrictions inconsistent with the
spirit and intent of this chapter, as the proposed design is single story with compatible
wall heights that is sensitive t® the existing neighborhood.
2. The granting of the exception will not result in a condition that is materially
detrimental to the public health, safety and welfare, as the design will have negligible
impacts on neighboring properties despite the reduction in setback.
3. The exception to be granted is one that will require the least modification of the
prescribed design regulation and the minimum variance that will accomplish .the
purpose, as the project conforms to all other sections of the Municipal Code and the
reduced setback would be allowed if the lot area were 1.1 % smaller.
4. The proposed exception will not result in significant visual impacts as viewed from
abutting properties, as the design is single -story with wall heights that are sensitive to
neighboring homes.
Resolution No. 100 R-2002-18 January 2, 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 side setback exception to Section 19.28.060 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-2002-18 set
forth in the Minutes of the Design Review Committee meeting of, January 2, 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 2,7,17 square foot, single -story residence with side setbacks of
5 -feet and 5 -feet, based on the plan set entitled "New Residence, 10850 Johnson Ave.,
Cupertino, Dated July 15, 2002."
2. 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 2nd day of January, 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 Saadati and Chairperson Auerbach
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Resolution No. 100 R-2002-18 January 2, 2003
Page 3
ATTEST:
/s/ Ciddy Wordell
Ciddy Wordell
City Planner
G: \ Planning \ DRCj res � R-2002-18 res.doc
APPROVED:
/s/ Marc Auerbach
Marc Auerbach, Chairperson
Design Review Committee