DRC Reso 089R-2002-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 89
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
AN EXCEPTION TO CONSTRUCT A SECOND STORY DECK IN THE REAR YARD.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2002-10
Applicant/ Owner: Brock Kaveny/John Kaveny
Location: 7728 Obsidian Court
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 Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area and the following exception findings can be met;
1. The proposed second story deck is designed such that it decreases privacy
intrusion to adjoining properties to the greatest extent.
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-2002-010, 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-2002-10 as set forth in the Minutes of the Design Review Committee Meeting of
September 4, 2002, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHHIBITS
Approval is based on a plan set consisting of two sheets received August 15, 2002,
except as may be amended by conditions contained in this resolution.
Resolution No. 89 R-2002-10 September 4, 2002
Page 2
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2. LANDSCAPING PLAN
A landscaping plan indicating planting of privacy protection screen trees shall be
submitted to the Planning Department for review and approval prior to the issuance
of any Building Permits.
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 by the Director of
Community Development. 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.
PASSED AND ADOPTED this 4th day of September 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: COMMISSIONERS: Commissioner Saadati and Chairperson Auerbach
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
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Ciddy Wor ell
City Planner
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APPROVED:
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Marc Auerbach, Chairperson
Design Review Committee