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R-2004-05b flt:~ I~ CITY OF CUPEIQ"INO 10300 Torre A venue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 COMMUNITY DEVELOPMENT March 18, 2004 Guillermo Prado 2628 S. King Road San Jose, CA 95122 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2004-05 This letter confirms the decision of the Design Review Committee, given at the meeting of March 17,2004; approving a 1,128 square foot first story addition and a 1,063 square foot second story on an existing 1,955 square foot residence and an exception to include a second story deck, located at 21828 Alcazar Avenue, according to Resolution No. 145. Please be aware that if this permit is not used within one year, it shall expire on March 17, 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, ti~!}JL.4 Q~ f Gary Chao Assistant Planner Enclosures: Resolution No. 145 Cc: Bhopinder Matharu, 21828 Alcazar Avenue, Cupertino, CA 95014 g:planningIDRC Committee/action letter R-2004-05 Prin/od on filxycled Paper R - 2004-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 145 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A 1,128 SQUARE FOOT FIRST STORY ADDITION AND A 1,063 SQUARE FOOT SECOND STORY ON AN EXISTING 1,955 SQUARE FOOT RESIDENCE AND AN EXCEPTION TO INCLUDE A SECOND STORY DECK. SECTION II: PROTECT DESCRIPTION Application No.: R-2004-05 Applicant/ Owner: Bhopinder Matharu Location: 21828 Alcazar Avenue SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for a special permit and second-story deck 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. The project will be consistent with the Cupertino Comprehensive General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. 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 addition is harmonious in scale and design with the general neighborhood. 4. The proposed addition is consistent with design guidelines approved by the City Council. 5. The proposed addition will not result in significant adverse visual impacts as viewed from adjoining properties. 6. The proposed second story deck is designed such that it decreases pnvacy intrusion to adjoining properties to the greatest extent. 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-2004-05, is hereby approved; and Resolution No. 145 Page 2 R-2004-05 March 17, 2004 ---------------------------------------------------------------- ---------------------------------------------------------------- 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-2004-05 as set forth in the Minutes of the Design Review Committee Meeting of March 17, 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: "Matharu Residence, 21828 Alcazar Ave., Cupertino, CA 95014," dated February 9, 2004, except as amended by this resolution. 2. PRIVACY PROTECTION COVENANT If applicable, 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. 3. 45% MAXIMUM FLOOR AREA RATIO The proposed house square footage (all substantially enclosed area) shall not exceed 45% of the net lot size (45% of 9,100 == 4,095 square feet). The plans shall be revised accordingly and be submitted to the Planning Department for approval prior to issuance of building permits. 4. COLOR AND MATERIAL The final house exterior color and material 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 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. 145 Page 3 R - 2004-05 March 17,2004 ---------------------------------------------------------------- ---------------------------------------------------------------- PASSED AND ADOPTED this 17th day of March 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 sl Gilbert Wong Gilbert Wong, Chairperson Design Review Committee G:\Planning\DRC\res\R-2005-05 res. doc :i <I; --' CL l,JUl l- I iJi z <I; --' Cl"w z <:> ~ :J o ::!: IUJ a, rr= ~ ~ ~ ~iNM(I d~) Z '''I: =".)'1 OL Cl: o o -, U. 1- U} Cl: L;: IfdN ~ Z <! -.l IJ., o z () o !.u Ul t!= <l;rJ ."'''''-.----'' <:1: z o i= C) l!!J <;!) (i) m o IX t..J ON"1 <:fJ z o I- ~.l WLI (;J) c"f} if) o a:: () dEl IflNI/I!I ;i 0, j:: Z <l <:) > ill I- ,,,,,J] <l iUJ! "> ~. u"'~ ~.~ ILU w ;; ~ I- UJ I 5> 't.'J I- 162 ILl"" w .....J z '2 Z II- 0 <l f- "> <l w "> -' ill UJ .-.J\ '~ W IU"J ~. :; 1,1.1 1-' :; Z tt 0 <I IL"t: I..J~I U- I::t: . E1�5�0 APR 2 2004 f�IAY 2 2004 - POST�D ON THROU� �H I�1 THE nI'F�IC� OF THi: COU�I`I'Y �Li:Rs�-R� CC�ft17ER City of Cupertino BRENDA DAVIS, COUNTY CLERK 10300 Torre Avenue BY �. Cupertino, CA 95014 g t x p � �, �'��/"., ..'.J�.�:. ��.4�L . . • �.� ... �.. Notice of Exemption �---�-- . ��� To: County Clerk-Recorder APR 2 2004 70 W. Hedding Street, l Floor East Wing—Business Division BRENDA DAVIS County Ci�lk-;' San Jose, CA 95110 Santa Clara County By C�:�ut�� Project Title: R-2004-OS Project Location -(be specific): 21828 Alc,�zar Avenue Project Location -(City):Cupertino Project Location -(County): Santa Clara Description of Project: Residential Desi�:eview for a 1 128 square foot first storv addition and a 1 063 scLuare foot second story on an exi,�tin� 1,955 square foot residence and an exception to include a second story deck Name of Public Agency approving project: :�it o�Cupertino Name of Person or Agency carrying out pro ject: Guillermo Prado (Matharu residence) Exempt Status: (check one) _ Ministerial (Sec. 21080(b)(1); 15268); _ Declared Emergency (Sec. 21080(b 1(3); 15269(a)); _ Emergency Project (Sec. 21080(b)(-�); 15269(b)(c)); x Categorical Exemption. State type �.nd section number: 15301 _Statutory Exemption. State code nurnber: Reasons why project is exempt: Additior s to an existin� house Lead Agency Contact Person: Garv Chao .�rea code/telephone number (408) 777-3247 �,. � � , Signature: c��� �f� � I)ate: March 17, 2004 Title: Assistant Planner , , ,� � �.�_ ���