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DRC Reso 197R-2005-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO.197 OF THE DESIGN REVIEW COMMTTTEE OF THE CITY OF CUPERTINO APPROVING AN EXCEPTION TO THE SECOND STORY WALL OFFSET FOR A PREVIOUSLY APPROVED NEW RESIDENCE (R-2004-27) SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: R-2005-01 Krishna Kidambi 10060 Carmen Road 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. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title. 2. That the approval of the exceptions will not result in a condition that is materially detrimental to the public health., safety, or welfare. 3. That the exceptions to be granted are ones that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. 4. The proposed exception will not result in significant visual impact as viewed from abutting 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 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-2005-01 set forth in the Minutes of the Design Review Committee meeting of, February 2, 2005, and are incorporated by reference as though fully set forth herein. Resolution No. 197 R-2005-01 February 2, 2005 Page 2 SECTION 111. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT This approval is based on a plan set entitled, "New Residence, 10060 Carmen Road, Cupertino, CA," consisting of ten sheets previously approved by the DRC on September. 15, 2004, except as may be amended by conditions in this resolution. 2. 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 2nd day of February 2005, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following r611 call vote: AYES: COMMISSIONERS: Commissioner Giefer and Chairperson Miller NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Ciddy Wordell City Planner APPROVED: Marty -.1 -1 -ler, Chairperson Design RevieCommittee