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R-2004-24b 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 CITY OF CU E I COMMUNITY DEVELOPMENT August 19, 2004 Wei Jeng 10370 Stern Avenue Cupertino, CA 95014 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2004-24 This letter confirms the decision of the Design Review Committee, given at the meeting of August 18, 2004; approving a 1,281 square foot first and second story addition to an existing residence and an exception for the second story to exceed 35% of the first story, located at 10370 Stern Avenue, according to Resolution No. 169. Please be aware that if this permit is not used within one year, it shall expire on August 18, 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 Sincerel y, Chao Assistant Planner Enclosures: Resolution No. 169 g:planning/DRC COllzmitteejaction letter R-2004-24 R-2004-24 CITY OF CUPERTINO 10300 T orre Avenue Cupertino, California 95014 RESOLUTION NO. 169 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A 1,281 SQUARE FOOT FIRST AND SECOND STORY ADDITION TO AN EXISTING RESIDENCE AND AN EXCEPTION FOR THE SECOND STORY TO EXCEED 35% OF THE FIRST STORY. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: R-2004-24 Wei Jeng. 10370 Stern 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, 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. 169 Page 2 R-2004-24 August 18, 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-2004-24 set forth in the Minutes of the Design Review Committee meeting ot August 18, 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 for 1,281 square foot first and second story addition to an existing residence and an exception for the second story to exceed 35% of the first story and a second story deck exception, based on the plan set entitled "Jeng Residence, 10370 Stern Avenue, Cupertino, CAli dated 4/12/04, consisting of 4 pages, except as may be amended by conditions in this resolution. 2. PRIVACY 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 Title 19.28 of the Zoning Ordinance. 3. PRIV ACY 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. 169 Page 3 R-2004-24 August 18, 2004 4. SECOND STORY SETBACKS A revised site plan indicating accurate second floor setbacks must be submitted for review and approval prior to issuance of building permits. The second story setbacks must conform to the Rl Ordinance. 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 18th day of August 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: f sf Ciddy Wordell Ciddy Wordell City Planner f sf Gilbert Wong Gilbert Wong, Chairperson Design Review Committee G: \ Planlling \DRC\ res \ 1~-2004.24 res.doe .~,~"'it:I.IIIt;f;I('\iiiIllI.. ~~. ~. " ~l @i . 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Hedding Street, l Floor East Wing—Business Division OCT � 2004 San Jose, CA 95110 BRENDA DAVIS, County Clerk-Recorder Santa Clara Cocn�y Project Title: R-2004-24 eputy Project Location -(be specific): 10370 Sterr� Avenue Project Location -(City):Cupertino P�-oject Location -(County): Santa Clara Description of Project: Residential desi�n review of a 1,281 square foot first and second story addition to an existing residence and an exception for the second story to exceed 35% of the first story Name of Public Agency approving project: (:ity of Cupertino Name of Person or Agency carrying out pro,ject: Wei Jeng Exempt Status: (check one) _ Ministerial (Sec. 21080(b)(1); 1526l�); _ Declared Emergency (Sec. 21080(b)(3); 15269(a)); _ Emergency Project (Sec. 21080(b)(4 ); 15269(b)(c)); x Categorical Exemption. State type a1d section number: 15301 (L) (1) _Statutory Exemption. State code nurriber: Reasons why project is exempt: Single-familv residence Lead Agency Contact Person: G Chao �.rea code/telephone number�408) 777-3247 Signature: �/ _ Date: Au�ust 18, 2004 Title: Associate Planner � g/planning/erc/r200424