DRC Reso 180R-2004-33, DIR-2004-24
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 180
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN
EXCEPTION TO ALLOW A SECOND STORY ADDITION THAT WILL CAUSE THE
SECOND STORY TO EXCEED 35 % OF THE FIRST STORY AND A MINOR
MODIFICATION TO THE APPROVED PLANS IN RESOLUTION NO. 34 OF THE DESIGN
REVIEW COMMITTEE.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2004-33, DIR-2004-24
Applicant: Malka Nagel
Location: 10180 Camino Vista Drive
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. The literal enforcement of the provisions of this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter;
2. The granting of this exception will not result in a condition that is materially
detrimental to the public health, safety and welfare;
3. The exception 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.
5. The proposed modification to Design Review Committee Resolution No. 34 does not
cause a significant increase in the mass and bulk of the original plan set.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration ,of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; 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-2004-33 and
DIR-2004-24 set forth in the Minutes of the Design Review Committee meeting of, October 13,
2004, and are incorporated by reference as though fully set forth herein.
Resolution No. 180 R-2004-33, DIR-2004-24
Page 2
October 13, 2004
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
An exception to the R1 Ordinance and a minor modification to R-2001-02 are approved to
allow a 160 square foot, second -story addition to an existing two-story residence, based
on the conceptual plans entitled "Room Addition for Mr. & Mrs. Michael Nagel" by Fang
Design.
2. PRIOR CONDITIONS OF APPROVAL
All prior conditions of approval for R-2001-02, set forward in Design Review Committee
Resolution No. 34, remain applicable.
3. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the Design
Review Committee.
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.
PASSED AND ADOPTED this 13th day of October 2004, 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:
0XV M10
Ciddy Wordell
City Planner
Commissioner Miller and Chairperson Wong
APPROVED:
Z.a
Gilbert Wong, Chairpers
Design Review Committee