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DRC Reso 06403-DIR-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 64 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A DIRECTOR'S REFERRAL OF A MINOR MODIFICATION TO A USE PERMIT FOR A 340 SQUARE FOOT ADDITION TO AN EXISTING RESIDENCE. (OAK VALLEY) SECTION I: PROJECT DESCRIPTION Application No.: 03-DIR-01 Applicant: Maxwell Beaumont/Energy West Location: 23637 Black Oak Way SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received referral for a Director's Minor Modification, as described in this Resolution; and WHEREAS, the Design Review Committee finds that the changes are beneficial and compatible with the surrounding area; 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of the zoning ordinance, and the General Plan. 3. The proposal will use materials matching the existing structure, which are compatible with 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. 03-DIR-01 is here by 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 03-DIR-01 as set forth in the Minutes of the Design Review Committee Meeting of November 7, 2001, and are incorporated by reference herein. Resolution No. 64 03-DIR-01 November 7, 2001 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set dated 11/3/00. 2. TREE PROTECTION New footings for the addition shall not encroach into the tree well. An arborist report shall be provided prior to final occupancy that determines if any damage occurred to the tree during construction. 3. PRIVACY PROTECTION Additional fence height and landscaping on the north property line shall be provided prior to final occupancy, to be approved by staff. 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. PASSED AND ADOPTED this 7th day of November, 2001, 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: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Ciddy Word 1 City Planner Glplanning/dre/03-R-01 #2 res.doc Chen and Chairperson Corr EVOUT-RAGAITIM Charles Corr, Chairperson Design Review Committee