DRC Reso 136R-2003-20
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 136
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A NEW 2,294 SQUARE FOOT TWO-STORY RESIDENCE WITH A 45% FLOOR AREA
RATIO.
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant/ Owner:
Location:
R-2003-20
Mike Chen (Le)
10301 Johnson 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 project is consistent with the Cupertino Comprehensive General Plan, the
zoning ordinance and the purposes of this title.
2. The granting of this permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity.
3. The proposed residence has been designed to be in scale and harmonious with
the general neighborhood.
4. The proposed residence is consistent with design guidelines developed by the
Director of Community Development.
5. The proposed residence will not result in significant adverse visual impacts as
viewed from adjoining properties.
Resolution No. 136 R-2003-20 December 17, 2003
Page 2
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-2003-20, 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-2003-20 as set forth in the Minutes of the Design Review Committee Meeting of
December 17, 2003, 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: "Proposed Residence, 10301 Johnson Ave.,
Cupertino, CA" dated September 18, 2003, except as amended by 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 of Planning staff.
Proof of recordation must be submitted to the Community Development
Department prior to final occupancy of the residence.
3. 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 17th day of December 2003, 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 Wong and Chairperson Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Resolution No. 136 R-2003-20
Page 3
ATTEST:
/s/ Ciddy Wordell
Ciddy Wordell
City Planner
December 17, 2003
APPROVED:
/ s / Taghi Saadati
Taghi Saadati, Chairperson
Design Review Committee