DRC Reso 110R-2003-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 110
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
SPECIAL PERMIT TO ALLOW A SINGLE -STORY AND TWO-STORY ADDITION TO AN
EXISTING RESIDENCE AND APPROVING EXCEPTIONS TO SECTION 19.28.060 OF THE
MUNICIPAL CODE RELATING TO THE SIZE OF THE SECOND STORY AND VISIBLE
SECOND STORY WALL HEIGHTS.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2003-06
Applicant: Ron Halfhill (Smith residence)
Location: 10221 Hillcrest 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 this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter.
2. The granting of the exceptions and special permit will not result in a condition that is
materially detrimental to the public health, safety and 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 impacts as viewed from
abutting properties.
5. The proposed addition is harmonious in scale and design with the general neighborhood.
6. The proposed addition is generally consistent with design guidelines developed by the
Director of Community Development.
Resolution No. 110 R-2003-06 June 4, 2003
Page 2
7. The proposed addition will not result in significant adverse visual impacts as viewed
from adjoining properties.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the exceptions to Section 19.28.060 and the special permit are 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-2003-06 set
forth in the Minutes of the Design Review Committee meeting of, June 4, 2003, and are
incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROJECT
This approval is for a new two-story residence based on the plan set entitled "Smith
Residence' by Verdant Ventures, dated April 14, 2003, as amended by this resolution.
2. PRIVACY PROTECTION
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. PUBLIC IMPROVEMENTS
Public improvements will be required for this project, consisting of curb and gutter
installation along the front of the property, subject to approval by the City Engineer.
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.
Resolution No. 110 R-2003-06 June 4, 2003
Page 3
PASSED AND ADOPTED this 411, day of June, 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:
ATTEST:
/s/ Ciddy Wordell
Ciddy Wordell
City Planner
APPROVED:
/ s / Taghi Saadati
Taghi Saadati, Chairperson
Design Review Committee