R-2004-30b
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
rrv OF
CUPERJINO
COMMUNITY DEVELOPMENT
October 11, 2004
Suejane Han
21353 Vai Avenue
Cupertino, CA 95014
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2004-30
This Jetter confirms the decision of the Design Review Committee, given at the meeting
of October 6, 2004; approving a new, two-story residence with a 45% floor area ratio
and an Rl exception for second story area that is more than 35% of the first story area,
located at 21811 San Fernando Avenue (Parcel 2), according to Resolution No. 178.
Please be aware that if this permit is not used within one year, it shall expire on
October 6, 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,
( ..
Gary Chao
Assistant Planner
Enclosures:
Resolution Nos. 178
Cc: Dick Fang, 868 S. Blaney A venue, Cupertino, CA 95014
g:planning/DRC Committee/action letter R-2004-30
Printed on Recycled Paper
R-2004-30
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 178
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
NEW, TWO-STORY RESIDENCE WITH A 45% FLOOR AREA RATIO AND AN Rl
EXCEPTION FOR SECOND STORY AREA THAT IS MORE THAN 35% OF THE FIRST
STORY AREA.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
R - 2004-30
Suejane Han
21811 San Fernando Avenue (Parcel 2)
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, any
applicable specific plans, zoning ordinances and the purposes of Chapter 19.28 of the
Cupertino Municipal Code.
2. The granting of this permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare;
3. The proposed addition/home is harmonious in scale and design with the general
neighborhood;
4. The proposed addition/home is generally consistent with design guidelines
developed by the Director of Community Development;
5. The proposed addition/home will not result in significant adverse visual impacts as
viewed from adjoining properties.
Resolution No. 178
Page 2
R-2004-30
October 6,2004
6. The literal enforcement of the provisions of this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter;
7. The granting of this exception will not result in a condition that is materially
detrimental to the public health, safety and welfare;
8. 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;
9. 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
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-2004-30 set
forth in the Minutes of the Design Review Committee meeting of, October 6, 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 the plan set entitled If A New Residence For: Mrs. Suejane Han,
21811 San Fernando Avenue, Cupertino, CA (Parcel 2)," dated 9/06/04, consisting of 6
pages, except as may be amended by conditions in this resolution.
2. PRIV ACY 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. The precise
language will be subject to approval by the Director of Community Development. Proof
of recordation must be submitted to the Community Development Department prior to
final occupancy of the residence.
Resolution No. 178
Page 3
R-2004-30
October 6, 2004
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 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 6th 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:
ABST AIN:
ABSENT:
COMMISSIONERS: Commissioner Miller and Chairperson Wong
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
I sl Ciddy Wordell
Ciddy Wordell
City Planner
I s I Gilbert Wong
Gilbert Wong, Chairperson
Design Review Committee
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7 c����;��� Cl�rk-Recorder 10300 Torre Avenue
:gu�Np(� t�A�i.�, Cupertino, CA 95014
'�c1�11a ���iTi �C?IaP1�y J�eputy
Notice of Exemption ��' ' `'` � `
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POSTE[� n�tiT �EC ? 3_ 2004 - ���_,izt�ttc' f �- �"�-C��
To: County Clerk-Recorder IN �'t-�t� t���i�;;. � n�� �i�, �}; `,v; �� �I ���_xI,�ORDER
70 W. Hedding Street, l Floor BR�: �� {; ,��,�.�� i .��
East Wing—Business Division
I3Y . Y3I:.'��TY , , � ,,
San Jose, CA 95110 - , � � _ - . ;
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Project Title: R-2004-30
Project Location -(be speci�c): 21811 San Fernando Avenue (Parcel 2�
Project Location -(City):Cupertino Project Location -(County): Santa Clara
Description of Project: Residential Desi ng_F' eview for a new two-story residence with a 45%
floor area ratio
Name of Public Agency approving project: �'it Cupertino
Name of Person or Agency carrying out pro ject: Suejane Han
Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b►(3); 15269(a));
Emergency Project (Sec. 21080(b)(��); 15269(b)(c));
x Categorical Exemption. State type �.nd section number: 15303(�
_Statutory Exemption. State code nutnber:
Reasons why project is exempt: New sin?le-family home
Lead Agency
Contact Person: Gar�Chao �rea code/telephone number (408) 777-3247
_�
` � �_� , - . ;;"'
Signature`: �; ' � � � �:-� ���� »ate: October 6. 2004Title: Associate Planner
r J ^ �. --
g/plannin g/erc/r200430
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