DRC Reso 283 EXC-2008-16
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 283
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
TO CONSTRUCT A ONE-CAR GARAGE WHERE A TWO-CAR
GARAGE IS REQUIRED BY ORDINANCE AT AN EXISTING SINGLE-
FAMILY RESIDENCE.
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2008-16
Applicant: Bahram Baron Vazindel
Location: 18861 Barnhart Avenue �
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application to construct a one-car garage where a two-car garage is required by
ordinance at an existing single-family residence.
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area;
1. Literal En orcement o�'the provisions o this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter
The proposed single-car garage is consistent with the neighborhood pattern. In
addition, the project will mitigate the existing illegal non-conforming garage
conversion.
2. The proposed development will not be injurious to propert�u or improvements in the area,
nor detrimental to the public health, sa� , or welfare
The proposed single-car garage is compatible with the established single car
garage/carport pattern of the neighborhood and will enhance the look of the
neighborhood.
3. The exception to be granted is one that will require the least modificatfon o�prescribed
design regulation and the minimum variance that will accomplish the purpose
Resolution No. 283 EXC-2008-16 November 6,2008
Page 2
SeeA & B.
4. The�roposed exception will not result in significant visual impact as viewed, om
abutting properties
SeeA & B.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Application No. EXC-2008-16, 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
EXC-2008-16 as set forth in the Minutes of the Design Review Committee Meeting of
November 6, 2008, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on the plan set submitted by the applicant titled "Vazindel
Residence, Master Bed Room & Garage Addition, 18861 Barnhart Avenue,
Cupertino CA 94306-2439", consisting of six sheets, dated "September 15, 2008",
except as may be amended by the Conditions contained in this Resolution.
2. EXCEPTION APPROVAL
Approval is hereby granted for the construction of a one-car garage where a two-
car garage is required by ordinance at an existing single-family residence.
3. SINGLE CAR GARAGE COVENANT
The property owner shall record a covenant on this property to inform future
property owners that the approval of the single car garage is limited to Application
No. EXC-2008-16, and shall not apply to any future development proposals on site.
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.
4. INTERIOR GARAGE CLEARANCE
The enclosed single car garage shall consist of an internal area encompassing one
parking space measuring 10 feet by 20 feet, and shall provide an unobstructed area
between six inches from finish floor up to six feet from finished floor. Relocation of
the water heater into the single car garage shall meet proper clearance and building
code requirements.
Resolution No.283 EXC-2008-16 November 6,2008
Page 3
5. EXTERIOR MATERIALS
All new exterior materials shall match the existing residence in type, style, finish
and color.
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 6� day of November 2008, 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: Chairperson Giefer, Rose
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Chao ',�.is�i Gie e , ai
City Planner Design Review Committ e