DRC Reso 152R-2004-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 152
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A NEW 4,571 SQUARE FOOT, TWO-STORY RESIDENCE AND AN EXCEPTION FOR
A 40% RATIO OF SECOND FLOOR TO FIRST FLOOR.AREA.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2004-11
Applicant/ Owner: Dick Fang/ Martha Kang
Location: 10141 Lebanon Drive
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a R1 Exception, 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 findings can be met;
1. That the literal enforcement of the provisions of this title 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 since it will not
impact the neighborhood due to its ample setbacks/ articulations and compatible
plate heights.
2. That the granting of the exception will not result in a condition which is
materially detrimental to the public health, safety, or welfare in that the
proposed project is an allowed use and is compatible with the surrounding
neighborhoods in terms of setbacks, height, mass, style, and design.
3. That the exception to be granted is one that will require the least modification of
the prescribed regulations and the minimum variance that will accomplish the
purpose in that the project property allows for a 4,980 square foot homes. The
applicant chooses not to maximize the allowable F.A.R and requests for a slightly
larger second floor instead. The proposed second floor meets all of the
articulation and setback rules and its design is consistent with the intent of the
ordinance.
4. The proposed exception will not result in significant visual impact as viewed
from abutting properties in that the proposed house design is compatible with
Resolution No. R-2004-11 May 5, 2004
Page 2
the surrounding houses and the second floor does not appear overly massive and
out of scale addressing the intent of the ordinance.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application no. R-2004-11, 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
R-2004-11 as set forth in the Minutes of the Design Review Committee Meeting of May
5, 2004, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set entitled: "New Residence For Mrs. Martha Kang,
10141 Lebanon Drive, Cupertino, Calif." Consisting of six sheets labeled: Al - A6,
and dated 4/2/04, except as may be amended by conditions contained in this
resolution.
2. PRIVACY PROTECTION PLANTING
The applicant shall submit a final privacy protection plan indicating the planting of
City approved trees to screen all new second story windows in accordance with the
City's R1 Ordinance unless if a waiver is obtained from the affected property
owners. The final privacy protection plan shall be submitted for review and
approval prior to issuance of the final occupancy.
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. TREE PROTECTION
The two (2) existing amber trees located in the front yard shall be preserved as part
of this approval.
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
Resolution No. R-2004-11 May 5, 2004
Page 3
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 5th day of May 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, Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Ciddy Wordell
City Planner
G: \ Planning \ DRC \ res \ R-2004-11 res.doc
APPROVED:
Gilbert Wong, Chairpers
Design Review Committee