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DRC Reso 244 ASA-2006-20 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 244 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL FOR A PRIVACY LANDSCAPE PLAN FOR AN APPROVED PLANNED RESIDENTIAL DEVELOPMENT (HOMESTEAD ROAD AND MAXINE AVENUE SECTION I: PROTECT DESCRIPTION Application No.: ASA-2006-20 Applicant: Justin Mozart Location: 10977-10985 and 22028-22036 Acacia Way SECTION II: FINDINGS WHEREAS, the City Council has directed the Design Review Committee to review the design of a privacy landscape plan for an approved residential planned development; WHEREAS, the City Council has directed that the R1 zoning ordinance privacy standards and procedures be used to guide the review and the existing mature oaks be protected on the property; WHEREAS, the Design Review Committee has reviewed the landscape plan; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Design Review Committee approves the architectural and site approval, file no. ASA-2006-20, subject to the conditions, which are enumerated in this Resolution. That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application ASA-2006-20 set forth in the Minutes of the Design Review Committee meeting of, October 5, 2006, and are incorporated by reference as though fully set forth herein. SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set titled: "Peninsula Communities Homestead Road Site", consisting of one page labeled L3.1 and dated 8/24/05, except as may be amended by conditions in this resolution. Resolution No. 244 ASA-2006-20 October 5, 2006 Page 2 2. PRIVACY TREE &SHRUB PLANTING HEIGHTS Rear yard privacy trees shall have a minimum planting height of 8 feet and the privacy shrubs shall have a minimum planting height of 6 feet. 3. PROPERTY COVENANT FOR PRIVACY PLANTINGS Prior to building occupancy, applicant shall record a convenant on the affected lots, notifying future property owners of the privacy landscaping status of those certain trees and shrubs and the responsibilities for maintaining that particular landscaping. 4. LANDSCAPE PLAN MODIFICATIONS Delete proposed shrubs from underneath oak canopy on Lot #2 PASSED AND ADOPTED this 5th day of October 2006, 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: Chairperson Giefer, Saadati NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVEp: , ., � .. ; �� )� � t ��r..' l�/ % / Ciddy Wordell, L' a Gie , ai -' �'' City Planner Design Review Commit,�' G:IPlanninglDRClres120061ASA-2006-20 res.doc