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DRC Reso 217R-2005-14 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 217 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING EXCEPTIONS TO HAVE MORE. THAN 50% OF SECOND STORY EXTERIOR WALLS HAVING VISIBLE HEIGHTS GREATER THAN 6 FEET IN ACCORDANCE WITH CHAPTER 19.28 OR THE CUPERTINO MUNICIPAL CODE. SECTION 11: -PROTECT DESCRIPTION Application No.: R-2005-14 Applicant/ Owner:. Safwat Malek (Klages Residence) Location:. 10488 Chace Drive SECTION 11: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for Exceptions to. have more than. 50 %, of the second story exterior walls have visible heights greater than six 'feet, as, described in this Resolution; and WHEREAS, the Design Review Committee finds that the changes are beneficial and compatible with the surrounding area and d* the1o'llowing exception findings can be met; 1. That the literal enforcement of the provisions of this will result in restrictions inconsistent with the spirit and intent of this title in that the proposed project is consistent with the spirit and -,intent of the- zoning ordinance. In staff's opinion, the, pro ,posed project is consistent with the intent of the ordinance and is consistent with the existing design of the house. 2. The granting of the exception will not result in, a condition that is materially detrimental to the public health, safety, or. welfare. The proposed project should have no "negative impacts on the public health, safety and welfare. 3. Least modification of the prescribed regulations and the minimum variance that will ; accomplish the purpose. The proposed addition is alleviating the percentage of walls that are taller than 6 feet while allowing the applicant to add square footage to his home. 4. The poposed. exception will not result in significant impacts to neighboring properties. The proposed addition is not creating any visible second story exposed walls over 6in height. The second story exposed walls over 6' are Resolution No. 217 R-2005-14 July 7, 2005 Page 2 located to the rear and the sides of the house. Thus, the project will not result in significant adverse visual impacts to neighboring properties. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of -maps, facts, exhibits, testimony and other evidence. submitted in this matter, the application no. R-2005-14, is hereby approved; and That the sub conclusions upon which the findings and conditions specified in this Resolution are based and contained inihei.public hearing record concerning Application R-2005-14 as set forth in the Minutes of the Design Review Committee Meeting of July 7, 2005, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS - Approval is based on a plan set entitled: "Proposed: Addition to Mr. And Mrs. Kalges Residence, 10483 Chace Drive, Cupertino, , CA 95014" consisting of four sheets labeled: A-1 - A-4 dated May 5, 2005 and submitted to the DRC on July 7, 2005, except as may be amended by conditions contained in this resolution. 2. PRIVACY PROTECTION PLANTING PLAN' A detailed privacy -planting plan shall be submitted to the Planning Department for review and approval prior to issuance of the building permits. The plan shall be consistent with the privacy screening provisions in the Chapter 19.28 of the Zoning Ordinance: 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. Thepreciselanguage will be subject to approval of Planning staff. 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 Tater challenging such exactions. G: \ Planning\ DRC \ res \ 2005 \R-2005-14 res. doc Resolution No. 217 R-2005.14 July 7, 2005 Page 3 PASSED AND ADOPTED this 7th day of July 2005, 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 Wong and Acting Chairperson Giefer NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chairperson Miller AATTES APPROVED: a Steve Piasecki Lia Giefer ging /ai/� erson Community Development Director e I�evw %tee p � G:\Planning\DRC\res\2005\R-2005-14 resdoc