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DRC Reso 140R-2004-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO.140 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A 332 SQUARE FOOT FIRST FLOOR ADDITION AND A 702 SQUARE FOOT SECOND FLOOR ADDITION TO AN EXISTING 1,624 SQUARE FOOT RESIDENCE. SECTION II: PROTECT DESCRIPTION Application No.: R-2004-01 Applicant/ Owner: Chi Liao Location: 1134 Hollyhead Lane 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 is consistent with the Cupertino Comprehensive General Plan, the zoning ordinance and the purposes of this title. 2. The granting of this permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity. 3. The proposed residence has been designed to be in scale and harmonious with the general neighborhood. 4. The proposed residence is consistent with design guidelines developed by the Director of Community Development. 5. The proposed residence will not result in significant adverse visual impacts as viewed from adjoining properties. Resolution No. 140 R-2004-01 February 4, 2004 Page 2 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-2004-01, is hereby approved; 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-2004-01 as set forth in the Minutes of the Design Review Committee Meeting of February 4, 2004, 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: "Mr. and Mrs. Wu Residence, 1134 Hollyhead Lane, Cupertino, CA" dated December 10, 2003, except as amended by this resolution. 2. PRIVACY PROTECTION PLANTING The applicant shall submit a final privacy protection plan indicating the planting of City approved trees to screen all new second story windows in accordance with the City's R1 Ordinance. This plan shall be submitted for review and approval prior to issuance of the final occupancy. 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. The precise language 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 later challenging such exactions. Resolution No. 140 R-2004-01 February 4, 2004 Page 3 ---------------------------------------------------------------- ---------------------------------------------------------------- PASSED AND ADOPTED this 4th day of February 2004, 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: Conunissioner Chen and Chairperson Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Commissioner Miller ATTEST: Ciddy Wordell City Planner G:\P1anning\DRC\res\R-2004-01 res.doc APPROVED: /aw- vl"� Gilbert Wong, Chai erson Design Review Committee