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R-2004-03b 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 CITY OF CUPEIQ"INO COMMUNITY DEVELOPMENT March 4, 2004 Mr. Patrick Flanders Flanders Bay Company P.O. Box 300 Los Gatos, CA 95031 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2004-03 This letter confirms the decision of the Design Review Committee, given at the meeting of March 3, 2004; approving a 1,710 square foot first and second story additions to an existing 2,531 square foot residence and an exception to allow the first story wall plane to encroach above the building envelope, located at 20725 Sunrise Drive, according to Resolution No. 143. Please be aware that if this permit is not used within one year, it shaH expire on March 3, 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, I,: /) Q' \~:O/~ Colin jung 0- Senior Planner Enclosures: Resolution No. 143 Cc: Mr. and Mrs. Gregg Mahurin, 20725 Sunrise Drive, Cupertino, CA 95014 g:plarmil1g/DRC Committeejactiol1 letter R-2004-03 on HDcycled PSjJ(;rr R - 2004-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 143 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A 1,710 SQUARE FOOT FIRST AND SECOND STORY ADDITIONS TO AN EXISTING 2,531 SQUARE FOOT RESIDENCE AND AN EXCEPTION TO ALLOW THE FIRST STORY WALL PLANE TO ENCROACH ABOVE THE BUILDING ENVELOPE AT 20725 SUNRISE DRIVE. SECTION 11: PROTECT DESCRIPTION Application No.: R-2004-03 Applicant/Owner: Patrick Flanders (Mahurin Residence) Location: 20725 Sunrise Avenue SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for a Residential Design Review and Exception to the building envelope, 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 height and mass of the octagonal bedroom addition is at a lower grade than the abutting property, that the bedroom represents only a small percentage, about a third, of the side and front elevations and the roof is hipped which further reduces the apparent height of the addition. 2. That the approval of the exception will not result in a condition that is materially detrimental to the public health, safety, or welfare in that the addition will not intrude upon the privacy of adjacent residents. Adjacent neighbors have review the residential design plans and approve of the design, including the exception. 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 there is a minimal encroachment of the wall plane, The encroachment of the roof cannot be reduced without interfering with the consistency of roof pitches between the octagonal bedroom and the second floor dormers. Resolution No. 143 Page 2 R-2004-03 March 3, 2004 ---------------------------------------------------------------- ---------------------------------------------------------------- 4. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic because the proposed project is away from any public streets and will not affect vehicular traffic. 5. The proposed development is otherwise consistent with the City's General Plan and with the purpose of this Chapter as described in Section 19.28.010 because the project is a single-family use in a residential land use designation and R1 zoning. In addition, the proposed project is within the allowable square footage and meets the intent of 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-2004-03, 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-Q3 as set forth in the Minutes of the Design Review Committee Meeting of March 3,2004, and are incorporated by reference herein. SECTION Ill: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on a plan set entitled: II Addition & Remodel to 20725 Sunrise Drive, Cupertino, CA 95014," consisting of sixteen sheets: a title sheet and sheets labeled: SPl, A1-A6, and dated 2/26/04, 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 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. Resolution No. 143 Page 3 R-2004-03 March 3,2004 ---------------------------------------------------------------- ---------------------------------------------------------------- 4. 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 3rd 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: COMMISSIONERS: CbMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: f sf Ciddy Wordell Ciddy Wordell City Planner f s f Gilbert Wong Gilbert Wong, Chairperson Design Review Committee G: \ Planning \ DRC\ res \ R-20D4-03 res.doc II ')I"~t4iI'1'J ('~~~' ~~ il ~ , E.����� APR 2 2004 i�lAY 2 2004 POSTi=�.D ON _ ^['I-;RCt�GIr T�+'I'�ti OF!�i�'i� OI' T}-ti� CC<<r�':'�' �LLS��-�tL='CURD�R City of Cupertino BR�;NL'A DAVIS, CoUN'f'Y CLL :K 10300 Torre Avenue /' ;; Cupertino, CA 95014 BY_..�,G "` . } �` ' � I' �. . .. .. .. . _ . : �.• l Notice of Exemption . ��� To: County Clerk-Recorder 70 W. Hedding Street, l Floor APR 2 2004 East Wing—Business Division BRENDA DAVIS, County Clerk-Recorder San Jose, CA 95110 Santa Clara County By Deputy Project Title: R-2004-03 Project Location -(be specific): 20725 Swirise Drive Project Location -(City):Cu�ertino l'roject Location -(County): Santa Clara Description of Project: Residential Design Review for a 1,710 square foot first and second story addition to an existin�2 531 square foo residence and an exc�tion to allow the first storv wall plane to encroach above the building en��elo.pe Name of Public Agency approving project: Cit oy f Cupertino Name of Person or Agency carrying out project: Patrick Flanders (Mahurin residence) Exempt Status: (check one) Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); x Categorical Exemption. State type and section number: 15301 Class 1 Existin� Facilities Statutory Exemption. State code n�imber: Reasons why project is exempt: This is a larger than 50% addition to an existing residence in an urbanized area. There are no fish or wi ldlife impacts Lead Agency Contact Person• Colin Jung Area code/telephone number (408) 777-3257 Signature: ��^- Date: March 3, 2004 Title: Senior Planner .