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DRC Reso 101R-2002-19 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 101 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A 611 SQUARE FOOT ADDITION TO THE FIRST FLOOR AND A NEW 600 SQUARE FEET NEW SECOND FLOOR TO AN EXISTING 1,065 SQUARE FOOT SINGLE - STORY RESIDENCE SECTION I: PROTECT DESCRIPTION Application No.: R-2002-19 Applicant: Mary Wong Location: 18964 Tilson 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 is consistent with the Cupertino Comprehensive General Plan, the zoning ordinance and the purposes of this title. 2. The granting of the special 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. 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 Resolution No. 101 R-2002-19 January 15, 2003 Page 2 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-2002-19 set forth in the Minutes of the Design Review Committee meeting of, January 15, 2003, 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 for a 611 square foot addition to the first floor and a new 600 square feet second floor to an existing 1,065 square foot single -story residence based on the design in the plan set entitled "'Wong's Residence Renovation, 18964 Tilson Avenue, Cupertino, Ca" by Ko Architects, Inc., dated September 1, 2002. 2. STAIR WALL In order to comply with the day light plane requirements (Section 19.28.060 G), the exterior stair wall/roof elements along the left elevation must be lowered to a maximum of 12 feet in height (measured from the natural grade). Revised plans shall be submitted to the Planning Department for approval prior to issuance of building permits. 3. CHIMNEY The proposed cosmetic chimney along the east elevation shall be removed. Revised plans shall be submitted to the Planning Department for approval prior to issuance of building permits. 4. OSCURE WINDOWS All of the second story widows (including the stairwell window) along the left (east) elevation shall be obscured/ opaque windows in order to provide additional privacy protection to the adjacent neighbor. Revised plans shall be submitted to the Planning Department for approval prior to issuance of building permits. 5. PRIVACY PROTECTION PLANTING The applicant shall submit revised landscaping plan to the Planning Department for review and approval with City approved privacy protection trees. The revised landscaping plan shall be submitted prior to issuance of building permits. 6. 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. Resolution No. 101 R-2002-19 January 15, 2003 Page 3 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 15th day of January 2003, 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 Saadati and Chairman Auerbach NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: /s/ Ciddy Wordell Ciddy Wordell City Planner APPROVED: Is / Marc Auerbach Marc Auerbach, Chairperson Design Review Committee