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R-2004-21b CITY OF ERJI 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 COMMUNITY DEVELOPMENT August 19,2004 Sugi Loganathan 10609 Morengo Drive Cupertino, CA 95014 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2004-21 This letter confirms the decision of the Design Review Committee, given at the meeting of August 18, 2004; approving a new 2,362 square foot two-story residence, located at 10609 Morengo Drive, according to Resolution No. 167. 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, Assistant Planner Enclosures: Resolution No. 167 g:planning/DRC COl/nnitteejaction letter R~2004-21 R-2004-21 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 167 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW 2,362 SQUARE FOOT TWO-STORY RESIDENCE. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: R-2004-21 Sugi Loganathan 10609 Morengo Drive 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 home is harmonious in scale and design with the general neighborhood; 4. The proposed home is generally consistent with design guidelines developed by the Director of Community Development; 5. The proposed home will not result in significant adverse visual impacts as viewed from adjoining properties. Resolution No. 167 Page 2 R-2004-21 August 18, 2004 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-2004-21 set forth in the Minutes of the Design Review Committee meeting of, 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 a new two-story residence with a floor area ratio of 45% based on the plan set entitled "10609 Morengo Drive, Cupertino, CA." except as may be amended by the conditions of 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 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. 4. SECOND STORY FLOOR PLAN The applicant shall revise the second story plan to indicate a recess at least two feet deep by six feet wide along the right elevation to break up the second story wall over 24 feet wide. Revised plans shall be reviewed and approved by the Planning Department prior to issuance of building permits. 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 Resolution No. 167 Page 3 R-2004-21 August 18, 2004 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: Isl Ciddy Wordell Ciddy Wordell City Plarmer I sl Gilbert Wong Gilbert Wong, Chairperson Design Review Committee G:\ Plmming\ DRC\ res \ R-2004-21 res.doc iil.1 . i 1\ ";1 . '~",i, c...;_, , "".c...".,., , \\"., ,'., '\ ' \ \, icT � z�� c� � � �� 9 _ � �- �- � _. T r OCTGII �-----�"� POSTED QT? ---.--°�-- _----, ;;;; _.�':;TY CL ERK-I�CORDE �� ' �, � r.;�1 y CLIRK City of Cupertino BRENDA F-%= -•� �'� . 10300 Torre Avenue ' EPU'TY , . '. BY . . • � Cupertino, CA 95014 , ,�� .l1` .'^ �, �?, �;�.. ., 4 Notice of Exe ption �� 'ri ��. �� To: County Clerk-Recorder 70 W. Hedding Street, l Floor OCT 1 2004 East Wing—Business Division San Jose, CA 95110 BRENDA DAVI5, County Clerk-Recorder 5anta Clara County B � Deputy Project Title: R-2004-21 Project Location -(be specific): 10609 Moi en¢o Drive Project Location -(City):Cupertino P roject Location -(County): Santa Clara Description of Project: Residential Desi n�F' eview for a new two-storv 2 362 square foot residence Name of Public Agency approving project: !�'ity of Cupertino Name of Person or Agency carrying out project: Su�i Lo�anathan 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 (L) (1) _Statutory Exemption. State code nurlber: Reasons why project is exempt: Sin lg e-f�mil�residence Lead Agency Contact Person: Gary Chao .�rea code/telephone number (408) 777-3247 Signature• � I►ate: AuQust 18, 2004 Title: Associate Planner i g/planning/erc/r200421