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DRC Reso 04706-R-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 47 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW TWO-STORY SINGLE FAMILY RESIDENCE WITH A FLOOR AREA RATIO OF 45%. SECTION I: PROJECT DESCRIPTION Application No.: 06-R-01 Applicant: Gary Albright Location: 7645 Waterford Drive 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 project is consistent with the Cupertino Comprehensive General Plan, the zoning ordinance and the purposes of this title. 2. The granting of the special permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, as the design includes high quality materials and finishes that will provide texture and detail to the elevations. 3. The proposed addition is harmonious in scale and design with the general neighborhood, as the second story is set back from the first floor wall planes and the eave heights are compatible with the neighborhood. 4. The proposed addition/home is consistent with design guidelines developed. by the Director of Community Development. 5. The proposed addition/home will not result in significant adverse visual impacts as viewed from adjoining properties, as the second story is set back from the first story wall plane, and the design minimizes the wall heights of the first and, second stories. Resolution No. 47 06-R-01 May 16, 2001 Page 2 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 06-R-01 set forth in the Minutes of the Design Review Committee meeting of, May 16, 2001, and are incorporated by reference as though fully set forth herein. SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED PROJECT This approval is for a new two-story residence with a floor area ratio of 45%, with a second story that is 35% of the first story. The approval is based on the plan set Albright Residence," dated April 10, 2001, except as amended by this resolution. 2. NEIGHBOR INTERFACES The applicant shall do the following items prior to final occupancy of the residence, to address privacy concerns by the property owner to the rear. ® Install an eight -foot fence along the rear property line of the subject site, pending a written statement of approval by the property owner at 7648 Newcastle Drive and the issuance of a building permit. The applicant shall determine the style of the fence. The fence must be installed prior to final occupancy of the new residence. ® The applicant shall update the privacy protection plan such that the privacy planting is located at 7648 Newcastle Drive, subject to the plan entitled "Plot Plan — Cone of Vision : Proposed Landscape Screening" dated May 15, 2001. An 11x17 copy of the updated privacy plan shall be submitted to the Community Development Department for approval. ® The applicant must provide a waiver of privacy protection, subject to the new privacy plan, from the property owner at 7648 Newcastle Drive. ® Privacy planting at 7648 Newcastle Drive shall be installed prior to the issuance of building permits. ® Privacy planting along the eastern property line shall remain as shown in the approved plan set. 3. 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. 47 06-R-01 May 16, 2001 Page 3 PASSED AND ADOPTED this 16th day of May, 2001, 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: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Ciddy Wor ell City Planner g/p1anning/dre/06-R-01 reso.doc Chen and Chairperson Corr APPRO Charles Corr, Chairperson Design Review Committee