DRC Reso 075R-2002-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 75
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ADDITION TO AN EXISTING SECOND STORY DECK.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2002-02
Applicant: Lei Tunnaye-Ennis (Patrick Flanders)
Location: 10104 Crescent 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 applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The expanded section of the second -story deck is designed and located such that it will
not result in substantially increased privacy intrusion beyond that of the existing deck,
and any increased intrusion will be mitigated as conditioned in this resolution.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, this second -story deck exception is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; 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-2002-02 set
forth in the Minutes of the Design Review Committee meeting of, May 15, 2002, and are
incorporated by reference as though fully set forth herein.
Resolution No. 75 R-2002-02 May 15, 2002
Page 2
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is for an expanded second -story deck based the plan set entitled "A
Proposed Addition to 10104 Crescent Court, Cupertino CA 95014 for Lei Tunnaye Ennis,"
dated April 23, 2002 by Flanders Bay Company.
2. PRIVACY IMPACTS
Privacy impacts generated by the expansion of the deck shall be mitigated in one or all of
the following manners as specified in Chapter 19.28 of the Cupertino Municipal Code:
In Existing trees shall be certified as appropriate for privacy screening;
Im New privacy planting shall be installed where necessary to screen views into
neighboring yards;
IN The applicant may submit waivers of privacy protection from affected owners that
wish to waive their right to privacy screening.
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.
Resolution No. 75 R-2002-02 May 15, 2002
Page 3
PASSED AND ADOPTED this 151 day of May 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 Corr
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
Ciddy Worded
City Planner
g/planni.ng/dre/R-2002-02 res.doc
APPROV
Chuck Corr, Chairperson
Design Review Conunittee