Loading...
DRC Reso 192R-2004-35 CITY. OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 192 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW, TWO-STORY 2,884 SQUARE FOOT RESIDENCE SECTION I: PROTECT DESCRIPTION Application No.: R-2004-35 Applicant: Frank Ho Location: 19065 Pendergast 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 will be consistent with the Cupertino Comprehensive General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. 2. The granting of the special permits will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3. The proposed home is harmonious in scale and design with the general neighborhood. 4. The proposed home is generally consistent with design guidelines developed by the Director of Community Development. 5. The proposed exception will not result in significant visual impact as viewed from abutting properties. 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-2004-35 set Resolution No. 192 R-2004-35 January 19, 2005 Page 2 forth in the Minutes of the Design Review Committee meeting of, January 19, 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, "Tran Residence, New House, 19065 Pendergast Ave., Cupertino, CA 95014" dated September 27, 2004, consisting of six sheets (A1 -A3.2), except as maybe 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. 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 19th day of January 2005, at a Regular Meeting of the `Design Review Committee of the City of Cupertino, State of . California, by the following roll call vote: Resolution No. 192 R-2004-35 January 19, 2005 Page 3 AYES: COMMISSIONERS: Commissioner Saadati and Acting Chairperson Miller NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chairperson Wong ATTEST: APPROVED: 4 Ciddy Wordell Marty Mille ng Chairperson City Planner Design Review Committee