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DRC Reso 125R-2003-14 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 125 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN EXCEPTION TO SECTION 19.28.060 TO ALLOW A NEW TWO-STORY RESIDENCE WITHOUT THE REQUIRED SECOND -STORY WALL OFFSETS. SECTION I: PROTECT DESCRIPTION Application No.: R-2003-14 Applicant: Peter Hoang Location: 7822 Festival 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 applicant proposes mitigation measures including trellis features and additional tree planting to soften and screen the mass of the second story, which is consistent with the spirit and intent of the regulation that the exception is granted for. 2. The granting of the exception will not result in a condition that is materially detrimental to the public health, safety and welfare due to the additional visual mitigation. 3. The exception to be granted requires 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 impacts as viewed from abutting properties due to the additional visual mitigation. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the exception to Section 19.28.060 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-2003-14 set forth in the Minutes of the Design Review Committee meeting of, November 5, 2003, and are incorporated by reference as though fully set forth herein. Resolution No. 125 R-2003-14 November 5, 2003 Page 2 SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT This approval is for one exception to Section 19.28.060 of the Cupertino Municipal Code to allow second story wall planes without the required wall offset based on the plan set entitled "Mr. & Mrs. Hoang's Residence" by Professional Design dated September 5, 2003, as amended by this resolution. 2. ADDITIONAL VISUAL MITIGATION The applicant shall plant and retain three additional 36" box evergreen trees to mitigate the visual and privacy impacts from the residence to the satisfaction of Planning staff. These trees shall be recorded on a covenant. The metal -work element on the front elevation shall be installed in the alcove on the southerly elevation. 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(4) (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 5th day of November 2003, 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: Commissioner Wong and Chairperson Saadati /s/ Ciddy Wordell Ciddy Wordell City Planner G:\P1anning\DRC\res\R-2003-14 res3.doc APPROVED: /s/ Tag_hi Saadati Taghi Saadati, Chairperson Design Review Committee