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DRC Reso 174R-2004-32 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 174 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A EXCEPTION TO ALLOW A PREVIOUSLY APPROVED TWO-STORY HOMES TO HAVE A FLOOR AREA RATIO EXCEEDING 45 %. SECTION I: PROTECT DESCRIPTION Application No.: R-2004-32 Applicant: Bhopinder Marharu Location: 21828 Alcazar 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 literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter; 2. The granting of this exception will not result in a condition that is materially detrimental to the public health, safety and welfare; 3. The exception granted is one that will require the least modification of the prescribed design regulation 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 Resolution No. 174 R-2004-32 September 24, 2004 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-2004-32 set forth in the Minutes of the Design Review Committee meeting of, September 24, 2004, 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 2,047 square foot first and second story addition, and exception for the house to exceed the 45% Floor Area Ratio, for a total house size of 4,002 square feet, based on the revised site plan as attached in the September 24, 2004 DRC staff report, except as may be amended by conditions 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 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. 3. PRIVACY SCREENING TREES A detailed landscaping plan shall be submitted to the Planning Department for review and approval prior to issuance of building permits. The landscaping plan shall indicate City's approved privacy protection trees to screen views from new second story windows and decks in accordance with the R1 Ordinance. 4. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Design Review Committee. 5. 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. 174 R-2004-32 September 24, 2004 Page 3 PASSED AND ADOPTED this 24th day of September 2004, 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 Miller and Chairperson Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Ciddy Worded Gbert Wong, Chairperson City Planner Design Review Committee G:\Plannitzg\DRC\res\2004\R-2004-32res.doc