DRC Reso 226ASA -2005-16
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 226
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE REVIEW OF A 4,707 SQUARE FOOT
RESIDENCE AT 21170 CAPON OAK WAY AT THE OAK VALLEY DEVELOPMENT:
SECTION I: PROTECT DESCRIPTION
Application No.: ASA -2005-16
Applicant: Brian Kelly Jr. (Kelly Gordon Development Corp.)
Location: 21190 Canyon Oak Way
SECTION 11: 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:
property
1. The proposal, at the proposed location, will not be detrimental or injurious to ro er
� - p ty
or improvements in the vicinity, and will not be detrimental to the. public health,
safety, general welfare, or convenience;
2. Thal..proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. Abrupt changes in building scale is avoided and a gradual transition related to height
and bulk is achieved;
4. Design harmony between new and existing buildings is protected through the use of
consistent or compatible design and color schemes;
5. The new' development is designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures.
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
conditionswhich are enumerated in this Resolution beginning on page 2 thereof; and
That the sub conclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application ASA -2005-16
set forth it the Minutes of the Design Review Committeemeeting of, November 17,2005, and
are incorporated by reference as though fully set. forth herein.
Resolution No. ASA -2005-16 November 17, 2005
Page 2
SECTION III: CONDITIONS ADMINISTERED BY.THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on submitted plan sots and accompanying material board, except as
may be amended by conditions contained within. The siding color and may vary as long
as it is a closely related color and does not exceed the Light Reflectivity Value
requirement.
2. DRIVEWAY PAVING
The driveway shall be paved with permeable pavers on sand and aggregate base (or
similar pervious materials). A material sample and the:. final design shall be reviewed and
approved by the Planning Department prior to'issuance of building permits.
3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein i. 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 protestthese fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this 1 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 November 2005, 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: Giefer and Saadati
NOES:
COMMISSIONERS: none
ABSTAIN:
. COMMISSIONERS: none
ABSENT:
COMMISSIONERS: Vice -Chair Miller
ATTEST:
Ciddy Wokdell
City Planner
APPROVED:
Marty Mille , Chairperson
Design Review Committee