The URL can be used to link to this page

R-2003-16b CITY OF CUPE I 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 ...._.,__._,..."._~~....."",",o,.",""'w."'"c".,.,,.'''''' .' ""M"_'M._.^.'_._'~"~'~_"___"~~_'_"_""~'~"'_~'__'"_"""",_,_,,","_~.~'_.'_'''~~'__"'.__'._~''''_.r.~,"~.".,,, "".,_~"_..,~,_,_,____,~'_,"",w""'_""'" ....."......~._._._~._"""C,,"",."",..""'~..,.._""_,,~.~~,.~,,_.~_...."'."."".~....._._.._~... COMMUNITY DEVELOPMENT December 5,2003 Mr. Theodore A. Smith 309 Germaine Avenue Santa Cruz, CA 95065 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2003-16 This letter confirms the decision of the Design Review Committee, given at the meeting of December 3,2003, approving first and second story additions to an existing house, an exception to section 19.28.060 of the Cupertino Municipal Code for visible second story wall heights and a second story deck exception, located at 10255 Mira Vista Road, according to Resolution No. 130 Please be aware that if this permit is not used within one year, it shall expire on December 3, 2004. Also note that an appeal of this decision can be made within 14 calendar days of the decision. If this occurs, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerel y, /.. (:"- ".(.,-1:._";:..:;:.......--.- Peter Gilli Senior Planner Enclosures: Resolution No. 130 Cc: Mr. and Mrs. Dennis Houlsbly, 10255 Mira Vista Road, Cupertino 95014 G:planning/DRC Committee/action letter 1<..-2003-16 R - 2003-16 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 130 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING FIRST AND SECOND STORY ADDITIONS TO AN EXISTING HOUSE, AN EXCEPTION TO SECTION 19.28.060 OF THE CUPERTINO MUNICIPAL CODE FOR VISIBLE SECOND STORY WALL HEIGHTS AND A SECOND STORY DECK EXCEPTION, SECTION II: PROTECT DESCRIPTION Application No.: R-2003-16 Applicant/Owner: Theodore A. Smith (Dennis Houlsby) Location: 10255 Mira Vista Drive SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for a special permit, Rl exception 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 S. The proposed addition will not result in significant adverse visual impacts as viewed from adjoining properties. 6. The literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title. 7. That the granting of the exception will not result in a condition, which is materially detrimental to the public health, safety, or welfare. Resolution No. 130 Page 2 R - 2003-16 December 3, 2003 ---------------------------------------------------------------- ---------------------------------------------------------------- 8. 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. 9. The proposed residence will not result in significant adverse visual impacts as viewed from adjoining properties. 10. The proposed second story deck is designed such that it decreases privacy 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-2003-16, 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-2003-16 as set forth in the Minutes of the Design Review Committee Meeting of December 3, 2003, 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: "1st and 2nd Story Room Additions For: Dennis and Shelly Houlsby," consisting of eight sheets labeled 1, 2, 3, 5, 10 and 11 dated June 26, 2003 last updated July 23, 2003, except as amended by this resolution. 2. PRIV ACY PROTECTION Privacy protection issues shall be addressed prior to the foundation inspection. 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. 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 Resolution No. 130 Page 3 R-2003-16 December 3,2003 -------------------------------------~---~----~----------------- ---------------------------------------------------------------- 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 December 2003, 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 Acting Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Chairperson Saadati ATTEST: APPROVED: I s I Cidd Y Wordell Ciddy Wordell City Planner Isl Gilbert Wong Gilbert Wong, Acting Chairperson Design Review Committee G: \Plal1l1illg\DRC\ res \ R-2003-16 res.doc l'lo[l'ldr ORC 8"_0."",, tdJ ~ ~ APPROVAL ORC Signature I ~ _-w~r---I 9 I] ~'''''_F\r"A.I''!'Ci!",J South ~k\'J(iull ELASTO-OECK 5000 X2 POLYURETHANE DECK COVERING FOR WATERPROOFING CR!TICA-L AREAS I JAN 1 5 Z004 � � � 1 � � � � �� -�':� � �T _.�. .w._._,. . }�_�"}� ._� CG�� , ,_ ,._ , , . ; . �,�,. �, > , I�� : �. : _ , ,. � . ._:��`�� _ : ��I vl.t�-�. �COR17Ek `" , � ^ � � City of Cupertino t= _� :. i'Y ..:y, �_�L�LI''V 1 i L. • i�.�s E;'.� `� DEi�UTY 10300 Torre Avenue Cupertino, CA 95014 Notice of Exemption '��,�E �, f>-�� ;� :_��,� To: County Clerk-Recorder �� 70 W. Hedding Street, l Floor 1� a,V East Wing—Business Division San dose, CA 95110 JAN 1 5 2004 Pro ect Title• R-2003-16 BRENDA DAV1S, County Clerk-Recorder j �ar�a G�ara ��n�-- B Deputy - Project Location -(be specific): 10255 Mir.� Vista Road Project Location -(City):Cupertino Project Location -(Count�): Santa Clara Description of Project: Residential Desi ng_F:eview for a first and second storv addition and an exce�tion for wall hei�hts and to allow a secor d storYdeck Name of Public Agency approving project: !�itv of Cupertino Name of Person or Agency carrying out project: Theodore A. Smith (Houlsbv residence) Exempt Status: (check one) Ministerial (Sec. 21080(b)(1); 15263); Declared Emergency (Sec. 21080(b;�(3); 15269(a)); _ Emergency Project (Sec. 21080(b)(��); 15269(b)(c)); x Categorical Exemption. State type and section number: 15303 (a) _Statutory Exemption. State code nuriber: Reasons why project is exempt: Sin lg e_f�mily house Lead Agency Contact Perso : Peter Gilli ��rea code/telephone aumber�408) 777-3313 Signature• � L►ate: Dec. 3. 2003 Title: Senior Planner g/plannin g/erc/r200316