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R-2004-36b 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 c COlv11vlUNITY DEVELOPMENT November 5, 2004 Louie Leu 236 N. Santa Cruz Avenue, #210 Los Gatos, CA 95030 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2004-36 This letter confirms the decision of the Design Review Committee, given at the meeting of November 3, 2004; approving a new, two-story 3,980 square foot residence, located at 1358 S. Stelling Road (Lot 2), according to Resolution No. 183. Please be aware that if this permit is not used within one year, it shall expire on November 3, 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, ( l.~ \/. ""2. ~/</ ,,",' " , .;.,"r Gary Ch~ U Assistant Planner r ~I G r' ! , ,"'.., Enclosures: Resolution Nos. 183 Cc: Khurram Iqbal, 1100 N. First Street, Suite Er San Jose, CA 95112 g:planning/DRC Corrmtitteejaction letter R-2004-36 R-2004-36 CITY OF CUPERTINO 10300 T orre Avenue Cupertino, California 95014 RESOLUTION NO. 184 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW, TWO-STORY 3,980 SQUARE FOOT RESIDENCE. SECTION II: PROTECT DESCRIPTION Application No.: A pplicantj Owner: Location: R-2004-36 Louie Leu/Khurram Iqbal (Eden Homes) 1358 S. Stelling 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 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 Community Development. 5. The proposed residence will not result in significant adverse visual impacts as viewed from adjoining properties. Resolution No. 184 Page 2 R-2004-36 November 3, 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-2004-36, 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-2004-36 as set forth in the Minutes of the Design Review Committee Meeting of November 3,2004, 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: "Stelling Road Residence, 1358 S. Stelling Road, Lot 2, Cupertino, CA 95014," dated October 28, 2004, except as amended by this resolution. 2. PRIVACY 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 could be used as privacy protection trees. Also, a letter from a certified arborist shall be submitted for review and approval stating the health/ specie of the existing tree and also that it is appropriate for privacy screening purposes. 3. PRIV ACY PROTECTION COVEN ANT 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. 184 Page 3 R-2004-36 November 3, 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 3rd day of November 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: COMMISSIONERS: Commissioner Miller and Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: /s/ Ciddy Wordell Ciddy Wordell City Planner /s/ Gilbert Wong Gilbert Wong, Chairperson Design Review Committee :ks'lJ::LLlNOll.OAJ) SITE PLAN o ~EY '?LAN STELLING ROAD RESIDENCE 1358 S. STELLING ROAD - LOT 2 CUPERTINO, CA 95014 INDEX Ano TITI.E SHEET AND SITF PLAN A-2.1 FIRST FLOOR PU>.N A-22 SECOND FtOOR PLAN ~3.1 EXTERIORIlEVATIONS A-.32 EXTERIOR EiEVATIONS A-4.1 SECTIONS A-p_ 1 PRIVACY PROTECTION PROJECT INFORMATION .I'R.0JECT DESCRIPTION LOUIE LE U iI1.lRCrllfCi.!l STELLING ROAD RESIDENCE TITLE SHEET SITE PLAN LOWER F[~()OR PLAN I;)~~'""~~~- LOUIE LEU STELLING RUAn RESTOENCE ,"", FLOOR PLAN LOUIE LEU Il~ '~H ITE; 1- 'H STELLING ROAD RESlDENCE """,,- UPPER FLOOR PLAN UPPER FLOOR PLAN FROJolT !'-!-EV ATION STELLING ROAD RESIDENCE REAR ELEVATION ,-- t I l~1 .. !IIIUII 11...1..1 'u ..... Ll.......... .L.. ---LL I SIDE ELEVATION I II ~ I SIDE ELEVATION LOUIE LEU G , STELLING ROAD R ESIDENCR RXTERlOR ELIrVATIONS LOUIE LEU [iJARCHITECT.I'( SECTION A-A STHLINO ROAD II; ESIDENCE E LOUIE LEU ~J~'!EC~-;!C LEGEND PRIVACY PROTECTION PLANTING PLAN � � 1��.� � - � �.5�� E EN I� � ��� 20Q4 City of Cupertino �BRENDA pAV 5, �ounty �:lerk-R corder 10300 Torre Avenue `Santa C(ar3 C� n�E�—Y�'Y68� Cupertino, CA 95014 g� `� Deputy � 1� �.) RA n I �Vr�.�.i Notice of Exemption To: County Clerk-Recorder p�_ ;z•;,,-� - DEC 2 3 2004 .; _,>; ,J�� ��.Z � � l : � �. 70 W. Hedding Street, l Floor Iti "� s `. , .A.* i',' � �;,;i;-;;L;�pRDER East Wing—Business Division �j'-�- `��� '� � "-, c ;_ :. � � �;Lt.7;;c San Jose, CA 95110 �;-,�_ __ �-� ��.,. ��;,; 3�q �� Project Title: R-2004-36 Project Location -(be specific): 1358 S. St�;11in�Road Lot 2) Project Location -(City):Cupertino Project Location -(County): Santa Clara Description of Project: Residential Desi n�F:eview for a new, two-story 3,980 square foot residence Name of Public Agency approving project: !�ity of Cupertino Name of Person or Agency carrying out project: Louie Leu (�bal residence) Exempt Status: (check one) _Ministerial (Sec. 21080(b)(1); 15263); _ Declared Emergency (Sec. 21080(b; (3); 15269(a)); _ Emergency Project (Sec. 21080(b)(�-); 15269(b)(c)); . x Categorical Exemption. State type and section number: 15303(a) _Statutory Exemption. State code nuniber: Reasons why project is exempt: New sin� le-family home Lead Agency Contact Person: Gary Chao E�rea code/telephone number (408) 777-3247 _._. ,, _ i "' Signature _.--~ r:=`-_�;r' �- ``= —��-" D ate: November 3, 2004 Title: Associate Planner ,^.� �� G_.. g/pl ann i n g/e rc/r20043 6 i�C� ��. � � 66� �