DRC Reso 174R-2004-32
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 174
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
EXCEPTION TO ALLOW A PREVIOUSLY APPROVED TWO-STORY HOMES TO HAVE A
FLOOR AREA RATIO EXCEEDING 45 %.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2004-32
Applicant: Bhopinder Marharu
Location: 21828 Alcazar 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. 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.
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
Resolution No. 174 R-2004-32 September 24, 2004
Page 2
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-2004-32 set
forth in the Minutes of the Design Review Committee meeting of, September 24, 2004, and
are incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is for a 2,047 square foot first and second story addition, and exception for
the house to exceed the 45% Floor Area Ratio, for a total house size of 4,002 square feet,
based on the revised site plan as attached in the September 24, 2004 DRC staff report,
except as may be amended by conditions in this resolution.
2. 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 by the Director of Community Development. Proof
of recordation must be submitted to the Community Development Department prior to
final occupancy of the residence.
3. PRIVACY SCREENING TREES
A detailed landscaping plan shall be submitted to the Planning Department for review
and approval prior to issuance of building permits. The landscaping plan shall indicate
City's approved privacy protection trees to screen views from new second story windows
and decks in accordance with the R1 Ordinance.
4. 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.
5. 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. 174 R-2004-32 September 24, 2004
Page 3
PASSED AND ADOPTED this 24th day of September 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: Commissioner Miller and Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Ciddy Worded Gbert Wong, Chairperson
City Planner Design Review Committee
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