R-2004-39b
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
0". FAX: (408) 777-3333
'._"--,-,-"-------"",.,_._"."".,."....,,,,,,",.-.....",._,.._._..",._,..,.....,",..._..."....",...,-""""-"""'-""""""""",."'..'...,".,_..,".,.._",......_."...,."-",_.,-,.,.._,...",,,.,.._._"-".,.,"
CITY OF
CUPERJI
COMMUNITY DE VELO PMENT
December 2, 2004
Mr. Andy DeBaets
10339 Byrne Avenue
Cupertino, CA 95014
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2004-39
This letter confirms the decision of the Design Review Committee, given at the meeting
of December 1, 2004; approving a new 2,959 square foot, two-story residence and an
exception for a second story deck, located at 10339 Byrne Avenue, according to
Resolution No. 186.
Please be aware that if this permit is not used within one year, it shall expire on
December 1, 2005.
Also, please note that an appeal of this decision can be made within 14 calendar days
from the date of this letter. If this happens, you will be notified of a public hearing,
which will be scheduled before the City Council.
Sincerely,
Assistant Planner
Enclosures:
Resolution Nos. 186
Cc: Arkady Faktorovich, 38036 Acacia Street, Fremont, CA 94536
g:planning/DRC C0l11mdtee/action letter R-2004.39
R-2004-39
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 186
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A NEW 2,959 SQUARE FOOT, TWO-STORY RESIDENCE AND AN EXCEPTION FOR
A SECOND STORY DECK
SECTION II: PROTECT DESCRIPTION
Application No.: R-2004-39
Applicant/Owner: Andy DeBaets
Location: 10339 Byrne 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 project is consistent with the Cupertino Comprehensive General Plan, the
zoning ordinance and the purposes of this title.
2. The granting of this permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity.
3. The proposed residence has been designed to be in scale and harmonious with
the general neighborhood.
4. The proposed residence is consistent with design guidelines developed by the
Director of Cormnunity Development.
5. The proposed residence will not result in significant adverse visual impacts as
viewed from adjoining properties.
6. The deck design is such that it decreases pnvacy intrusion to adjoining
properties to the greatest extent.
Resolution No. 186
Page 2
R-2004-39
December 1, 2004
----------------------------------------------------------------
----------------------------------------------------------------
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-2004-39, is hereby approved; 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-2004-39 as set forth in the Minutes of the Design Review Committee Meeting of
December 1, 2004, 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: "New Single Family Residence for Mr. &
Mrs. Andy Debaets, 10339 Byrne Avenue, Cupertino, CA 95014," dated June 9, 2004,
except as amended by this resolution.
2. PRIV ACY PROTECTION PLANTING
The applicant shall submit a final privacy protection plan indicating the planting of
City approved trees to screen all new second story windows in accordance with the
City's Rl Ordinance. This plan shall be submitted for review and approval prior to
issuance of the final occupancy. Only evergreen existing trees on the project
property could be used as privacy protection trees. Also, a letter from a certified
arborist shall be submitted for review and approval outlining the health/ specie of
the existing tree and also that it is appropriate for privacy screening purposes.
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 unless waivers are obtained from adjacent property owners. The
precise language 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. 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
Resolution No. 186
Page 3
R-2004-39
December 1, 2004
----------------------------------------------------------------
--------------------~--~~-~---~-~~~~-~--~~~~~~~~~~~~~~~~~~~-----
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 1st day of December 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:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS: Commissioner Miller and Chairperson Wong
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Is/ Ciddy Wordell
Ciddy Wordell
City Planner
/ s I Gilbert Wong
Gilbert Wong, Chairperson
Design Review Committee
New Single Family Residence for
Mr. & Mrs. ANDY DEBAETS
~JlLJ'LAl'<
E
SHEET [\DEX
.,.
r./J ~
2 ~ '"
~
" <( v
u ;:c
" ~ 0
co "
ci! "5
:>- [f
~' Q v
:z: "
<( "
c. ~
'J ~
10 ~
:.n ;;; E
~ o;j ~'
z ~ '"
M
0
PROJECT DATA
\. S11,PL\,,;;W-NOrrs,S'r1ioCoLS
"n':SI&SEOONDr.,(l(f;pl\N,.
IOlJ9 Il'r1l!If A'i'~Ur
W'E"-'~C. C\. ~O;:14
~"'
~
A'FA.
~
-<-
r/1 ~
b
~. <1.1 <i
~ < U
u 0:1
.~ <1.1 .~
Q
'" ;>< e-
.z:. Q c:5
':C ~ ~
& 0
0
0 '^ ~
g> ~ ~
~ e
~ o<l dO
z
;;: ~
so
[1:....'"
.."~.'.'....".;
D""'.
2
"' .5 ".....
~
"
'" ;;;
;.... ~ 0\
c.2 W ~
~ <<: u
gCQ
~ cs 0
~~ ~
"" 0 u
~ ~~ 2
CL. ~""'i S
~J ~i ~
~ ~II ~
Z ~ CO
::s ~
"
,"~,~_JQ.'_'M!;.."~",,
Jt.~FJt.
"
"
I
I' ;!
r./1 ~
" r- a,
~ ~ ~
~ COI .
~ a!.~
ci! ><1 &
~'cI8
~ ~Ii g
!..l It)
~ ~ .;:
r/j:>- rt)
~ ol:i e
Z ~!~
~I~
.-FA
g
~
..
VJ ~
E-< '"
<2 W <i
0 <C '"'
u ~
.g 1:5 2
-;; p
6! ~
>< go
~, a u
.~ Z ~
"- <
" on ~
"SiJ
" ~
in E
" o<J "
Z '"
~ ~
"
A"FA