DRC Reso 088R-2002-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 88
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A NEW TWO-STORY 3,867 SOAURE FOOT RESIDENCE RESULTING IN A FLOOR
AREA RATIO OF 45 % AND A SECOND STORY DECK EXCEPTION
SECTION II: PROTECT DESCRIPTION
Application No.: R-2002-09
Applicant/ Owner: Richard Shwe
Location: 21840 Hermosa 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 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 proposed development is otherwise consistent with the City's General Plan
and with the purpose of this Chapter as described in Section 19.28.010 in that it's
a single-family uses and the proposed addition is within the allowable square
footage prescribed by the Zoning Ordinance.
2. The project is consistent with the Cupertino Comprehensive General Plan, the
zoning ordinance and the purposes of this title in that it is an allowed use.
3. The granting of this permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity in that it is an allowed use
and has satisfied all of the requirements on setbacks, height limitation, and
overall square footage limitation.
4. The proposed residence has been designed to be in scale and harmonious with
the general neighborhood.
5. The proposed residence is consistent with design guidelines developed by the
Director of Community Development.
Resolution No. 88 R-2002-09
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August 21, 2002
6. The proposed residence will not result in significant adverse visual impacts as
viewed from adjoining properties.
7. 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 application no. R-2002-09, 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-2002-09 as set forth in the Minutes of the Design Review Committee Meeting of
August 21, 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: "Detached 2 -Story Single Family Residence,
21840 Hermosa Avenue, Cupertino, Calif." Consisting of eight sheets labeled: Al -
A8, and dated 5/01/02, except as may be amended by conditions contained in 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 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. ROOFING MATERIAL
Revised roofing material/ color shall be submitted to the Planning Department for
review and approval prior to the issuance of any Building Permits.
4. 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
Resolution No. 88 R-2002-09 August 21, 2002
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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 21st day of August 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:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
Ciddy Wordell
City Planner
G: \ Planning \ DRC \ res \ R-2002-09 res. doc
Commissioner Chen and Chairperson Saadati
Thi Saadati, Chairperson
Design Review Committee