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DRC Reso 234 RM-2006-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 234 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A MINOR RESIDENTIAL DESIGN PERMIT FOR A REAR YARD SETBACK OF 10 FEET FOR A SINGLE STORY RESIDENCE LOCATED AT 21820 LOMITA AVENUE SECTION II: PROTECT DESCRIPTION Application No.: RM-2006-11 Applicant/Owner: Chia-Ching Lin (Ng Residence) Location: 21820 Lomita Avenue SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for a 781 square foot single-story addition and a reduction in the rear yard setback to 11 feet,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 accomplish the purpose. 4. The proposed exception will not result in significant visual impact as viewed from abutting properties. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. RM-2006-11, 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-2006-13 and RM-2006-11 as set forth in the Minutes of the Design Review Committee Meeting of Apri120, 2005, and are incorporated by reference herein. Resolution No. 234 RM-2006-11 April 20,2006 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. 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 20th day of April 2006, 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 and Commissioner Chien NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Commissioner Saadati ATTEST: APPROVED: ., � ; �. � �� ���� ��`j a � ;�z.�� .�` �� ; � �C J L..-���'Z.GC-��'�:i` � 1 ��' Ciddy Wordell Lisa Giefer, Cha�rpersori City Planner Design Review Commi�E��