DRC Reso 093R-2002-13
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 93
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A NEW TWO-STORY 3,579 SQUARE FOOT SINGLE FAMILY RESIDENCE WITH A
FLOOR AREA RATIO OF 44.7%
SECTION II: PROTECT DESCRIPTION
Application No.: R-2002-13
Applicant/ Owner: Shing Chi Chien
Location: 10583 Felton Way
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a new single family residence, as described in this Resolution; 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 this 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.
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-2002-13, 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
Resolution No. 93 R-2002-13 October 16, 2002
Page 2
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R-2002-13 as set forth in the Minutes of the Design Review Committee Meeting of
October 16, 2002, 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: "A New Residence For Mrs. Shing Chi
Chien, 10583 Felton way, Cupertino, Calif." Consisting of five sheets labeled: Al -
A5, and dated 9/16/02, except as may be amended by conditions contained in this
resolution.
2. LIVING ROOM EXTERIOR WALL HEIGHT
The exterior wall height at the living room shall be lowered from 12 feet to 10 feet
(measured from the natural grade to the plate) or to a height that is visually
comparable to the immediate houses in order to be more consistent with the eave
heights of the immediate adjacent homes. Likewise, the entry canopy shall be
lowered as well to maintain a simple eave line. Revised plans shall be submitted to
the Planning Department for review and approval prior to issuance of building
permits.
3. SINGLE -STORY ROOFLINE
Single -story rooflines shall be simplified to the satisfaction of the Community
Development Director. Revised plans shall be submitted to the Planning
Department for review and approval prior to issuance of building permits.
4. SIDE YARD SETBACKS
The left (south) side yard shall be 12'-6" and the right (north) side yard shall be 5'-0',
provided that the project still satisfies the day light plane requirements. Revised site
plan shall be submitted to the Planning Department for review and approval prior
to issuance of building permits.
5. 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 by the Director of
Community Development. Proof of recordation must be submitted to the
Community Development Department prior to final occupancy of the residence.
Resolution No. 93 R-2002-13 October 16, 2002
Page 3
6. 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 16th day of October, 2002, 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:
ATTEST:
Ciddy Wordell
City Planner
G: \ Planning \ DRC \ res \ R-2002-13 res.doc
APPROVED:
a�7
Marc Auerbach, Chairperson
Design Review Committee