DRC Reso 201R-2004-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 201
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
NEW, TWO-STORY 4,743 SQUARE FOOT RESIDENCE WITH AN EXCEPTION FOR A
1,355 SQUARE FOOT SECOND -STORY EXCEEDING 35 % OF THE FIRST STORY
SECTION I: PROTECT DESCRIPTION
Application No.:. R-2004-14
Applicant: Steve Yang
Location: 20902 Garden Gate Drive
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:
1. That the literal enforcement of the provisions of this title will result, in restrictions
inconsistent with the spirit and intent of this title.
2. That the approval of the exceptions will• not result in a condition that is materially
.detrimental to the public health, safety, or welfare.
3. That the exceptions to be granted are ones that°will require the least modification of the
prescribed regulations and the minimum variance that will accomplish the purpose.
4. The proposed exception will not result in significant visual impact as viewed from
abutting properties.
5. The project will be consistent with the Cupertino Comprehensive General Plan, any
applicable specific plans, zoning ordinances, and the purposes of this title.
6. The granting of the special permits will not result in a condition that is detrimental or
injurious urious to property or improvements in the vicinity, and will not be detrimental to the
public health, safety or welfare.
7. The proposed home is harmonious in scale and design with the general neighborhood.
Resolution No. R-2004-14 February 16, 2005
Page 2
8. The proposed home is generally consistent with design guidelines developed by the
Director of Community Development.
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
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-2004-14 set
forth in the Minutes of the Design Review Committee meeting of, February 16, 2005, and are
incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is based on a plan set 'entitled, "Detached Two -Story Single Family
Residence, 20902 Garden Gate Drive, Cupertino, CA.", dated October 10, 2004, consisting
of nine sheets, except as may be amended by conditions in this resolution.
2. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any,
misrepresentation of any submitted data may invalidate an approval by the Design
Review Committee.
3. BUILDING PERMIT SUBMITTAL
This , approval is valid only if the applicant submits a complete building permit
application package to the Building Department for the prior to March 1, 2005.
4. 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 by the Director of Community Development. Proof
of recordation must be submitted to the Community Development Department 'prior to
final occupancy of the residence.
5
TREE PRESERVATION
A covenant shall be recorded on the property that ensures the preservation and
maintenance of trees number . 9, 10, 14.. The specific tree protection measures and
driveway construction methods outlined in the arborist report prepared by the City
Arborist dated November 22, 2004 shall be conditions of this project.
Resolution No. R-2004-14 February 16, 2005
Page 3
6. DRIVEWAY MATERIAL
As agreed by the applicant, the driveway shall be covered with pervious materials (i.e.,
interlocking pavers or turf blocks). Revised plans shall be reviewed and approved by the
Planning Department prior to issuance of building permits.
7. 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 16th day of February 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 Giefer, Chairperson Miller
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST: APPROVED:
Ciddy Wordell
City Planner
Marty N q1r, Chairperson
Design Review Committee