DRC Reso 225R-200.5-35
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 225
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A RESIDENTIAL DESIGN REVIEW FOR A NEW 2,698 SQUARE FOOT RESIDENCE
AND AN EXCEPTION FOR SIX-FOOT SIDE YARD SETBACKS IN . ACCORDANCE
WITH CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2005-35
Applicant/ Owner: Chaiyar Siripoke
Location: 884 S. Blaney Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino ertinreceived an
application for a new single -story 2,698 square foot residence and an exception for five-
foot side yard . setbacks, as described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area and the following exception can be met;
1. That the literal enforcement .of the provisions of this will result in restrictions
inconsistent with the spirit and intent of this title in that the proposed. project is
consistent with the spirit and intent of the zoning ordinance and will not impact
the neighborhood.
2. The granting of the exception will not result in a condition that is materially
detrimental to the public health, safety, or welfare.
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 accomplishthe
purpose.
4.. The proposed exception will not result in significant visual impact as viewed
from abutting properties.
Resolution No. R-2005-35 October 20,2005
Page 2
5. The project is consistent with the Cupertino General Plan, any applicable specific
plans, zoning ordinances and the purposes of this title.
6. The granting of the permtwill not result in a condition that is detrimental or
injurious to the property or improvements in the vicinity, and will not be
detrimental to the public health, safety or welfare.
7. The proposed project is harmonious in scale and design with the general
neighborhood.
8. Adverse visual impacts on adjoining properties have been reasonably mitigated.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. R-2005-35, is hereby approved; and that the
sub conclusions upon which the findings and conditions specified in this Resolution are
based and contained in the public hearing record concerning Application R-2005-35 as
set forth in the Minutes of the Design Review Committee Meeting of October 6, 2005,
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: "Siripoke's New Custom Home, 884 S.
Blaney Avenue, Cupertino, CA 95014" Consisting of four sheets labeled: A-1 -A-4
dated September 8,'2005, except as may be amended by conditions contained in this
resolution.
2. SIDEYARD SETBACKS
The applicant/ owner shall maintain the side yard setback of the existing house at 6
feet minimum on both sides. Revised plans reflecting this change shall be submitted
to the Planning Department for review and approval prior to issuance of building
permits.
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(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. R-2005-35 October 20,2005
Page 3
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 20th day of October 2005, 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: Conunissioner Giefer, Chaiperson Miller
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Cidd Word 11
Y ?Mar�tyi4r,Chairperson
City Planner Design Review Committee