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'
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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
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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
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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
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BR�;NL'A DAVIS, CoUN'f'Y CLL :K 10300 Torre Avenue
/' ;; Cupertino, CA 95014
BY_..�,G "` . } �` ' � I' �. . .. .. .. . _ . : �.•
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Notice of Exemption
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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 .