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R-2004-04b 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 CITY OF CUPEIQ"INO COMMUNITY DEVELOPMENT March 18,2004 Mr. and Mrs. David Doyle 22362 Cupertino Road Cupertino, CA 95014 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2004-04 This letter confirms the decision of the Design Review Committee, given at the meeting of March 17, 2004; approving a 677 square foot first and second story addition to an existing 3,373 square foot residence and a five-foot exception to the second story rear yard setback, located at 22362 Cupertino Road, according to Resolution No. 144. 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. Si1}~rely, . !" (' :/': y~,l\}j I, -7'6'~/ /'... .i .,' lU0, (,'." , . ! (-n cc Gary Chao Assistant Planner Enclosures: Resolution No. 144 g:planningIDRC Committee/action letter R-2004-04 PI'lnt{"rj ()!l FiGcyc/ed e8r:~er R-2004-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 144 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A 677 SQU ARE FOOT FIRST AND SECOND STORY ADDITION TO AN EXISTING 3,373 SQUARE FOOT RESIDENCE AND A FIVE-FOOT EXCEPTION TO THE SECOND STORY REAR YARD SETBACK SECTION II: PROTECT DESCRIPTION Application No.: A pplicant/ Owner: Location: R-2004-04 David & Louise Doyle 22362 Cupertino Road SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for a Fence 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 the second story setback is already established and the proposed addition will not worsen the non-conformity. 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 proposed addition is replacing an existing legal non- conforming second story deck. No additional second story bump outs are proposed. 4. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic in that the project is away from any public streets and will not affect traffic. Resolution No. 144 Page 2 R - 2004-04 March 17, 2004 ---------------------------------------------------------------- ---------------------------------------------------------------- 5. The proposed development is otherwise consistent with the City's General Plan and with the purpose of this Chapter as described in Section 16.28.010 in that it's a single-family uses and the proposed addition is within the allowable square footage and meets the intent prescribed by the Zoning 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-2004-04, 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-2004-04 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: "Mr. & Mrs. David Doyle, 22362 Cupertino Road, Cupertino, CA 95014." Consisting of four sheets submitted at DRC on March 17, 2004, 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 along the easterly and southerly property lines in accordance with the City's Rl 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 building permits. 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. Resolution No. 144 Page 3 R-2004-04 March 17, 2004 ---------------------------------------------------------------- ---------------------------------------------------------------- 4. 45% MAXIMUM FLOOR AREA RATIO The proposed house shall not exceed 45% maximum floor area ratio. Plans shall be revised accordingly 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. 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: ABSTAIN: ABSENT: COMMISSIONERS: Commissioner Miller and Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Is/Ciddy Wordell Ciddy Wordell City Planner Is! Gilbert Wong Gilbert Wong, Chairperson Design Review Committee G:\ Planning\DRC\ res \ R-2004-04 res. doc Nnd 3lK; HO'iIi "'".) 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Hedding Street, l Floor APR 2 2004 , East Wing—Business Division San Jose CA 95110 BRENDA DAVIS, County Clerk-Recorder , Santa Clara Courity By Deputy Project Title: R-2004-04 Project Location -(be specific): 22362 Cu�ertino Road Project Location -(City):Cupertino Project Location -(County): Santa Clara Description of Project: Residential Desi�:eview for a 795 sguare foot first and second storv addition to an existing 3,373 square foot residf-nce and a five foot exception to the second stor� rear yard setback Name of Public Agency approving project: �it o� f Cupertino Name of Person or Agency carrying out prc ject: David & Louise Doyle Exempt Status: (check one) Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(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: Minor resi3ential addition to an existin� house Lead Agency Contact Person: Garv Chao �rea code/telephone number (408� 777-3247 1 �. Signature. �_��—' � , I)ate: March 3, 2004 Title: Assistant Planner t !