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R-2004-37b 10300 Torre Auenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 CITY OF CU E TIN COMMUNITY DEVELOPMENT October 28, 2004 Thomas Liu 20710 Carniel Avenue Saratoga, CA 95070 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2004-37 This letter confirms the decision of the Design Review Committee, given at the meeting of October 27,2004; approving an exception for a 100 square foot second story addition that results in the second story exceeding 35% of the first story and exceptions to allow more than 50% of the second story exterior walls without wall offsets, located at 10077 Scenic Blvd., according to Resolution No. 182. Please be aware that if this permit is not used within one year, it shall expire on October 27,2005. 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. Assistant Planner Enclosures: Resolution Nos. 182 Cc: Stewart Wu, 10077 Scenic Blvd., Cupertino, CA 95014 g:planningIDRC Committee/action letter R-2004-37 R-2004-37 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO.. 182 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A EXCEPTION FOR A 100 SQUARE FOOT SECOND STORY ADDITION THAT RESULTS IN THE SECOND STORY EXCEEDING 35% OF THE FIRST STORY AND EXCEPTIONS TO ALLOW MORE THAN 50% OF THE SECOND STORY EXTERIOR WALLS WITHOUT W ALL OFFSETS SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: R - 2004-37 Thomas Liu 10077 Scenic Blvd. 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 literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter; 2. The granting of this exception will not result in a condition that is materially detrimental to the public health, safety and welfare; 3. The exception granted is one that will require 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 impact as viewed from abutting properties. 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 Resolution No. 182 Page 2 R-2004-37 October 27, 2004 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-2004-37 set forth in the Minutes of the Design Review Committee meeting of, October 27, 2004, and are incorporated by reference as though fully set forth herein. SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT This approval is based on a plan set entitled, "Residential House Remodel, Owner: Teresa Wu, 10077 Scenic Blvd., Cupertino, CA. 95014," received October 14, 2004 consisting of three sheets (AI-A3), except as may be amended by conditions in this resolution. 2. CONSUL TA TION 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. 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. PASSED AND ADOPTED this 27th day of October 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: ABSTAIN: ABSENT: ATTEST: COMMISSIONERS: Commissioner Miller and Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: APPROVED: Isl CiddvWordell Ciddy Wordell City Planner I sl Gilbert Wong Gilbert Wong, Chairperson Design Review Committee I Tl.i\ AI 7lA. A?. TII\ INTERIOR ELEVATION (, " .' ,_'''';~''' "/ """r "'"~,,.. ; ."".... ""i~W""~ '" Wr-. "l'-'.~ I!ol7. $_ W''''''''-' .,.".,]... "T",.rrt-f"''''f'- ,,,"" t. ~"~ ""K'-"""'fa<" -r~ "'_.~"'.-f r...w-"'""' ""',r'~" bL. "lit ",,,,,,0,"" 1'1""~ "fo,"",,"~ ��� ���� � � � � � � � D� C 2 3 2004 City of Cupertino 10300 Torre Avenue -BRENDA D,1V1S, County Clerk-Recorder Cupertino, CA 95014 =Santa Clara �o `� Deputy Notice of Exemption By U�'JR� Ri VAS To: County Clerk-Recorder {_, _ DEC 2 3 20��,,,, ,_ �� p; PC�),�i�':,.? t �.` ;`'l.. is 70 W. Hedding Street, l Floor Iti �,z. f ,�.� r��'; �;�'i' �>..E:>�:jL-1?�CURDER East Wing—Business Division F r � ::� r� j `: �: � , +='= r� �'`t � �-� �: �� San Jose, CA 95110 t3 Y_ —� ���'�'�J��Y L�u�A Riv�s Project Title: R-2004-37 Project Location -(be specific): 10077 Sce�iic Blvd. Project Location -(City):Cupertino Project Location -(County): Santa Clara Description of Project: Residential Design F:eview exception for a 100 square foot second storv addition that results in the second storv e�ceeding 35% of the first storv Name of Public Agency approving project: !�'it ��of Cu Name of Person or Agency carrying out project: Thomas Liu (Wu residence) Exempt Status: (check one) _ Ministerial (Sec. 21080(b)(1); 15263); Declared Emergency (Sec. 21080(b i(3); 15269(a)); _ Emergency Project (Sec. 21080(b)(��); 15269(b)(c)); x Categorical Exemption. State type and section number: 15301 e(1) _Statutory Exemption. State code nuriber: Reasons why project is exempt: Minor ac.dition to single-familv house Lead Agency Contact Person: P ter Gilli .�rea code/telephone number�408� 777-3313 Signature: I►ate: October 27, 2004 Title: Senior Planner g/planning/erc/r200437 ��,� 2_ j �c5 �