R-2004-11b
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CITY OF
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10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
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COMMUNITY DEVELOPMENT
May 6, 2004
Mr, Dick Fang
868 S. Blaney Avenue
Cupertino, CA 95014
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2004-11
This letter confirms the decision of the Design Review Committee, given at the meeting
of May 5, 2004; approving a new two-story, 4,571 square foot, two-story residence and
an exception for a 40% ratio of second floor to first floor area, located at 10141 Lebanon
Drive, according to Resolution No. 152.
Please be aware that if this permit is not used within one year, it shall expire on
April 21, 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 No. 152
Cc: Martha Kang, 1016 West Hill Court, Cupertino, CA 95014
gplanning/DRC Committee/action letter R-2004-11
R-2004-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 152
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A NEW 4,571 SQUARE FOOT, TWO-STORY RESIDENCE AND AN EXCEPTION FOR
A 40% RATIO OF SECOND FLOOR TO FIRST FLOOR AREA.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2004-11
Applicant/Owner: Dick Fang/Martha Kang
Location: 10141 Lebanon Drive
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a Rl Exception, as described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area and the following exception findings can be met;
1. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title in that the proposed project is
consistent with the spirit and intent of the zoning ordinance since it will not
impact the neighborhood due to its ample setbacks/ articulations and compatible
plate heights.
2. That the granting of the exception will not result in a condition which is
materially detrimental to the public health, safety, or welfare in that the
proposed project is an allowed use and is compatible with the surrounding
neighborhoods in terms of setbacks, height, mass, style, and design.
3. That the exception to be granted is one that will require the least modification of
the prescribed regulations and the minimum variance that will accomplish the
purpose in that the project property allows for a 4,980 square foot homes. The
applicant chooses not to maximize the allowable F.A.R and requests for a slightly
larger second floor instead. The proposed second floor meets all of the
articulation and setback rules and its design is consistent with the intent of the
ordinance.
4. The proposed exception will not result in significant visual impact as viewed
from abutting properties in that the proposed house design is compatible with
Resolution No.
Page 2
R-2004-11
May 5, 2004
================================================================
the surrounding houses and the second floor does not appear overly massive and
out of scale addressing the intent of the ordinance.
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-2004-11, 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-2004-11 as set forth in the Minutes of the Design Review Committee Meeting of May
5,2004, 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: "New Residence For Mrs. Martha Kang,
10141 Lebanon Drive, Cupertino, Calif." Consisting of six sheets labeled: Al - A6,
and dated 4/2/04, except as may be amended by conditions contained in this
resolution.
2. PRIV ACY 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 R1 Ordinance unless if a waiver is obtained from the affected property
owners, The final privacy protection plan shall be submitted for review and
approval prior to issuance of the final occupancy.
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 of Planning staff.
Proof of recordation must be submitted to the Community Development
Department prior to final occupancy of the residence.
4. TREE PROTECTION
The two (2) existing amber trees located in the front yard shall be preserved as part
of this approval.
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
Resolution No.
Page 3
R-2004-11
May 5, 2004
----------------------------------------------------------------
----------------------------------------------------------------
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 5th day of May 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, Chairperson Wong
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
is/ Ciddy Wordell
Ciddy Wordell
City Planner
/ s/ Gilbert Wong
Gilbert Wong, Chairperson
Design Review Committee
G:\ Planning \ DRC\res\R-2004-11 res.doc
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�ND ORSED 6
E 1 � '7 �
�uri 14 2ooa
City of Cupertino
' =BRENDA DAV1S, County Cler - ecorder 10300 Torre Avenue
`-Santa Clara Coanty e � u t y Cupertino, CA 95014
By--- LAURA RIVH�
Notice of Exemption
To: County Clerk-Recorder
70 W. Hedding Street, l Floor
East Wing—Business Division
San Jose, CA 95110
Project Title: R-2004-11
Project Location -(be specific): 10141 Leb �.non Drive
Project Location -(City):Cupertino P roject Location -(County): Santa Clara
Description of Project: Residential Desi n�F.eview of a new two-story, 4,571 square foot
residence and exceptions to allow a lar�er second storv with more than 50% of the exposed walls
greater than six feet in hei�ht
Name of Public Agency approving project: ��ity of Cupertino
Name of Person or Agency carrying out project: Dick Fang (Kang residence)
Exempt Status: (check one)
_ Ministerial (Sec. 21080(b)(1); 1526�3);
Declared Emergency (Sec. 21080(b; (3); 15269(a));
_ Emergency Project (Sec. 21080(b)(��); 15269(b)(c));
x Categorical Exemption. State type and section number: 15303A
_Statutory Exemption. State code nuniber:
Reasons why project is exempt: New sin��le-familv residence replacing existinQ
Lead Agency
Contact Pe Chao E�rea code/telephone number�408) 777-324Z
Signatu : D�ate: May 5, 2004 Title: Associate Planner
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g/planning/erc/r200411 ��� —'�
POST� D OP1 .__�------ THRUUGH
IN THE OFFI �E UP Tf iE COUNTY CLERK-RECORDER
BRENDA DAVIS, COUNTY CLERK
SY.�.-------� DE-�UTY � �URA RiV�S .
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