DRC Reso 217R-2005-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 217
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
EXCEPTIONS TO HAVE MORE. THAN 50% OF SECOND STORY EXTERIOR WALLS
HAVING VISIBLE HEIGHTS GREATER THAN 6 FEET IN ACCORDANCE WITH
CHAPTER 19.28 OR THE CUPERTINO MUNICIPAL CODE.
SECTION 11: -PROTECT DESCRIPTION
Application No.: R-2005-14
Applicant/ Owner:. Safwat Malek (Klages Residence)
Location:. 10488 Chace Drive
SECTION 11: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for Exceptions to. have more than. 50 %, of the second story exterior walls
have visible heights greater than six 'feet, as, described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area and d* the1o'llowing exception findings can be met;
1. That the literal enforcement of the provisions of this 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. In staff's opinion,
the, pro
,posed project is consistent with the intent of the ordinance and is
consistent with the existing design of the house.
2. The granting of the exception will not result in, a condition that is materially
detrimental to the public health, safety, or. welfare. The proposed project should
have no "negative impacts on the public health, safety and welfare.
3. Least modification of the prescribed regulations and the minimum variance that
will ; accomplish the purpose. The proposed addition is alleviating the percentage
of walls that are taller than 6 feet while allowing the applicant to add square
footage to his home.
4. The poposed. exception will not result in significant impacts to neighboring
properties. The proposed addition is not creating any visible second story
exposed walls over 6in height. The second story exposed walls over 6' are
Resolution No. 217 R-2005-14 July 7, 2005
Page 2
located to the rear and the sides of the house. Thus, the project will not result in
significant adverse visual impacts to neighboring properties.
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-2005-14, is hereby approved; and
That the sub conclusions upon which the findings and conditions specified in this
Resolution are based and contained inihei.public hearing record concerning Application
R-2005-14 as set forth in the Minutes of the Design Review Committee Meeting of July
7, 2005, 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: Addition to Mr. And Mrs.
Kalges Residence, 10483 Chace Drive, Cupertino, , CA 95014" consisting of four
sheets labeled: A-1 - A-4 dated May 5, 2005 and submitted to the DRC on July 7,
2005, except as may be amended by conditions contained in this resolution.
2. PRIVACY PROTECTION PLANTING PLAN'
A detailed privacy -planting plan shall be submitted to the Planning Department for
review and approval prior to issuance of the building permits. The plan shall be
consistent with the privacy screening provisions in the Chapter 19.28 of the Zoning
Ordinance:
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. Thepreciselanguage 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. 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 Tater challenging such exactions.
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Resolution No. 217 R-2005.14 July 7, 2005
Page 3
PASSED AND ADOPTED this 7th day of July 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: Commissioner Wong and Acting Chairperson Giefer
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairperson Miller
AATTES APPROVED:
a
Steve Piasecki Lia Giefer ging /ai/� erson
Community Development Director e I�evw %tee p �
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