R-2004-18b
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Cornmunity Development DepartJnent
January 26, 2005
Greg Richmond
833 Pear Avenue
Sunnyvale, CA 94087
SUBJECT: PLANNING COMMISSION ACTION LETTER - R-2004-18, TR-2004-
07, EXC-2004-11, V-2004-03
This letter confirms the decision of the Planning Conunission, given at the
meeting of January 25, 2005, approving a new two-story residence with a floor
area ratio of 39%, R1 exceptions for a second-story that is 45% of the first story, a
fifteen foot front setback, a twenty-eight foot long second story wall without
required offsets and a second story deck exception, a request to remove a
diseased twenty-four inch diameter oak tree on a single-family residential
project, a parking exception for a substandard driveway apron space on single-
family residential property and denying a variance to Chapter 19.80 B(l)(k) for a
second-story deck with a side setback of ten feet where fifteen is required,
located at 10495 Scenic Boulevard, according to Planning Commission
Resolutions No.(s) 6291, 6292, 6293 and 6294.
Please be aware that a complete building permit application must be submitted
before March 1,2005 or the permit will be invalid.
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,
Peter Gilli
Senior Planner
G: \ Planning \ Post Hearing \ Action Letters \ action letter 1'200418, tr200407,exc200411,v200403.doc
R-2004-18
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6291
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A NEW
TWO-STORY RESIDENCE WITH A FLOOR AREA RATIO OF 39%, Rl EXCEPTIONS FOR A
SECOND-STORY THAT IS 45% OF THE FIRST STORY, A FIFTEEN FOOT FRONT
SETBACK, A TWENTY-EIGHT FOOT LONG SECOND STORY WALL WITHOUT
REQUIRED OFFSETS AND A SECOND STORY DECK EXCEPTION
SECTION 1: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
R-2004-18
Greg Richmond
10495 Scenic Boulevard
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission 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 General Plan and Title 19 of the Cupertino
Municipal Code;
2. The granting of the special 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 consistent with the design guidelines approved by the City
Council;
5. The proposed home will not result in significant adverse visual impacts as viewed
from adjoining properties;
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 exceptions granted require the least modification to the prescribed design
regulations and the minimum variance that will accomplish the purpose;
8. The exceptions will not result in significant visual impacts as viewed from abutting
properties;
9. The design of the second-story deck is such that it protects neighbor privacy to the
maximum extent.
Resolution No. 6291
Page 2
R-2004-18
January 25, 2005
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-2004-18 set
forth in the Minutes of the Planning Commission meeting of, January 25, 2005, and are
incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
The proposed two-story house is approved with a 39% floor area ratio, based on the
conceptual plans entitled "Residence for Richmond" last updated on December 31, 2004,
as amended by this resolution.
2. PRIV ACY TREES
Based on the topography of the site, it is not dear if privacy planting is required for this
project. Planning staff will inspect the views from the second-story windows during the
construction of the house. The applicant shall plant privacy trees if determined to be
necessary.
3. OAK TREES
The applicant shall record a covenant on the property to ensure the preservation of the
remaining oak trees. The language of the covenant will be subject to Planning staff
approval. The covenant shall be recorded prior to final occupancy.
4. PUBUCTRAIL
The applicant shall record a covenant on the property noting the possibility of a public
trail on the adjacent property, subject to planning staff approval prior to final occupancy.
5. BUILDING PERMIT SUBMITTAL
The applicant must submit a complete building permit application before March 1,2005.
6. 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) (I), 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.
Resolution No. 6291
Page 3
R-2004-18
January 25, 2005
PASSED AND ADOPTED this 25th day of January 2005, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
COMMISSIONERS: Chen, Giefer, Vice-Chair Miller, Saadati and Chairperson
Wong
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
NOES:
ABST AIN:
ABSENT:
ATTEST:
APPROVED:
I s I Steve Piasecki
Steve Piasecki
Director of Community Development
Isl Gilbert Wong
Gilbert Wong, Chairperson
Planning Commission
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