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DRC Reso 188R-2004-16 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO.188 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A SECOND STORY DECK EXCEPTION FOR A NEW TWO-STORY RESIDENCE. SECTION I: PROTECT DESCRIPTION Application No.: R-2004-16 Applicant: George Dayeh (Salde residence) Location: 10775 Stevens Canyon 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. The proposed second story decks are designed to decrease privacy intrusion to adjoining properties to the greatest extent. 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=2004-16 set forth in the Minutes of the Design Review Committee meeting of, January 5, 2005, and are incorporated by reference as though fully set forth herein. Resolution No. 188 R-2004-16 January 5, 2004 Page 2 SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT This approval is for a second story deck exception for a new 3,050 square foot, two-story residence, based on the plan set received on 12/21/04, consisting of 8 pages, 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 DevelopmentDepartment prior to final occupancy of the residence. 3. BUILDING ENVELOPE The applicant shall confirm that the proposed single -story portions of the house are within the City's required building envelope. 4. DRIVEWAY PAVING No more than 50% of the required front yards for both parcel 1 and 2 shall be impervious surfaces. The applicant is required to submit a driveway paving plan indicating inter- locking pavers or turf blocks (or similar surfaces) to the satisfaction of the Planning Department prior to issuance of building permits. 5. SECOND STORY SETBACK The applicant shall confirm (make revisions when necessary) that the second story portions of the house meets the minimum required setback requirements per the R1 Ordinance. 6. 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. 7. GEOLOGICAL REVIEW The project shall comply with the recommendations of the City's Geological Consultant in his report dated August 25, 2004. The footprint of the house shall not be on any area of the property that has a slope of 30% or, greater unless a separate approval is obtained from the City. Resolution No. 188 R-2004-16 January 5, 2004 Page 3 8. TREE REMOVAL This approval does not include any tree removal. If specimen or City protected trees are going to be removed, a separate application shall be filed and reviewed by the City's Arborist Consultant. Removals of specimen trees require Planning Commission approval unless if the trees removed are fatally diseased or are presenting an immediate public health or safety issues. 9. FLOOR AREA RATIO The proposed house shall not exceed 35% Floor Area Ratio. In addition, the proposed second floor shall not exceed 35% of the ground floor. This shall be confirmed by the Planning Department prior to issuance of building permits. 11. BUIDLING PERMIT SUMBITAL This approval is valid only if the applicant submits a complete building permit application package to the Building Department for the prior to March 1, 2005 (effective date of the new R1 Ordinance). 10. 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 5th day of January 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 Miller and Chairperson Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Ciddy Wordell City Planner G: \ Planning \ DRC \ res `R -2004-16b res.doc APPROVED: 4,� Gilbert Wong, Chairperson Design Review Commi e .