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DRC Reso 096R-2002-16 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 96 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A RESIDENTIAL DESIGN REVIEW TO CONSTRUCT A 5,844 SQAURE FOOT, TWO- STORY RESIDENCE IN ACCORDANCE WITH CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE. SECTION II: PROTECT DESCRIPTION Application No.: R-2002-16 Applicant/ Owner: Danny Lee Location: 22260 Cupertino Road SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for a new single family residence, as described in this Resolution; 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. 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-2002-16, is hereby approved; and Resolution No. 96 R-2002-16 November 20, 2002 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-2002-16 as set forth in the Minutes of the Design Review Committee Meeting of November 20, 2002, 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: "Danny Lee Residence, 22260 Cupertino Rd., Cupertino, Calif." Consisting of seven sheets labeled: Al - A7, and dated 07/25/02, except as may be amended by conditions contained in this resolution. 2. 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/ shrub 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. All new screening trees must be City approved privacy protection trees. Revised landscaping plan shall be submitted to the Planning Department for approval prior to issuance of building permits. 3. BASEMENT The proposed basement shall be consistent with Section 18.28.060F of the Zoning Ordinance. Basements are exempted from square footage calculation only if it is fully submerged below grade (except for required light wells) and that the exterior walls be no higher than two feet between natural grade and ceiling. The proposed light wells shall be the minimum size required by the Uniform Building Code for egress, light and ventilation. 4. GARAGE ELEVATION The applicant shall add more articulation to the three -car garage elevation. Revised plans shall be submitted to the Planning Department for approval prior to issuance of the building permits. 5. TREES The applicant shall explore the option of planting more trees to further screen the proposed residence. Revised landscaping plan shall be submitted to the Planning Department for review prior to the issuance of building permits. Resolution No. 96 R-2002-16 November 20, 2002 Page 3 ---------------------------------------------------------------- ---------------------------------------------------------------- 6. 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 20th day of November, 2002, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN ABSENT: ATTEST: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Ciddy Wordell City Planner G: \ Planning \ DRC \ res \ R-2002-16 res.doc Commissioner Saadati and Chairperson Auerbach APPROVED: Marc Auerbach, Chairperson Design Review Committee