DRC Reso 219R-2005-18
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 219
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN EXCEPTION TO THE R1 ORDINANCE TO ALLOW A
FIVE FOOT SETBACK WHEN TEN FEET IS REQUIRED TO
CONSTRUCT A NEW 2,825 SQUARE FOOT SINGLE STORY
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SECTION I: PROTECT DESCRIPTION
Application No.: R-2005-18
Applicant: Baldev S. Jandu
Location: 10,276 Orange 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 satisfied the following requirements:
1. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title;
2. That the granting of the exception will not result in a condition which is
materially detrimental to the public health, safety, or welfare; and
3. 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. R72005-18, is here by 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-2005=18 as set forth in the Minutes of. the Design Review Committee Meeting of July
21, 2005, and are incorporated by reference herein.
Resolution No. 219
Page 2
R-2005-18
July 21, 2005
SECTION III: -CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set entitled: "New 2 -Story House', located at 10276
Orange Avenue, Cupertino dated February, & March 2005, consisting of six pages,
except as amended by this resolution.
2. PRIVACY PROTECTION PLANTING PLAN
A detailed privacy -planting plan shall be submitted to the Planning Department for
review and approval prior to issuance of the building permits. The plan shall
incorporate one of the following 'i tems to address the privacy impacts- of the
bedroom window above the garage facing the right side of the house.
The applicant shall either
® Raise.the sill height of the window to be five, feet from the finished floor, or
® Get a signed waiver from the adjacent neighbor at 10284 Orange Avenue or
® The plan shall be consistent with the privacy screening, provisions in the
Chapter 19.28 of the Zoning Ordinance and the recommendations of the, staff
report.
3. 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 of Planning staff.
Proof of recordation must be submitted to the Community Development
Department prior to final occupancy. of the residence.
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 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.
Resolution No. 219 R-2005-18 July 21, 2005
Page 3
PASSED AND ADOPTED this 21st of July 2005, at a Regular Meeting of the
� Y � Y � g Design
Review Committee of the City of Cupertino, State of California,. by the following roll
call vote:
AYES: COMMISSIONERS: Commissioner Giefer and Chairperson Miller
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
s
APPROVED:
E
o
Marfiller, Chairperson
Director Design Review Committee
res.doc