R-2003-21b
10300 Torre Avenue
Cupertino, California 95014
CITY OF Telephone: (408) 777-3308
CUP ERJ I N 0 __._'_".""_m"'"____________~_,__,.___._,__"_.__..._,____,__,_"______,__"_,..~~,~~___..______!.:~_~2~:~~_~~~...--------.---
COMMUNITY DEVELOPMENT
December 19, 2003
Mr. Mike Amini
Craftsmen's Guild
10566 S. De Anza Boulevard
Cupertino, CA 95014
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2003-21
This letter confirms the decision of the Design Review Committee, given at the meeting
of December 17, 2003, approving a second story deck as part of a one-story addition to
an existing house, located at 10913 Leavesley Place, according to Resolution No. 137.
Please note that the new privacy landscaping must meet R-1 zoning standards, that is,
the Camphor trees must have a minimum planting height of 8 feet, and the Italian
Cypress shrubs must have a minimum planting height of 6 feet. A notification covenant
must be recorded on the property before building permits are finalized.
Please be aware that if this permit is not used within one year, it shall expire on
December 17, 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.
Sincerely,
(
\
~~.
Colin J ung(j
Senior Planner
Enclosures:
Resolution No. 137
Cc: Mr. Mohan Maheswaran, 10913 Leavesley Place, Cupertino 95014
G:planningID RC Committee/action letter R-2003-21
R-2003-21
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 137
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING A SECOND STORY DECK AS PART OF A ONE-STORY ADDITION
TO AN EXISTING HOUSE
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
R-2003-21
Mike Amini (Maheswaran residence)
10913 Leavesley Place
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Design Review Committee has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The second-story deck is designed and located such that it will not result in
substantially increased privacy intrusion, and any increased intrusion will be
mitigated as conditioned in this resolution.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, this second-story deck exception is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; 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-2003-21 set
forth in the Minutes of the Design Review Committee meeting of, December 17,2003, and are
incorporated by reference as though fully set forth herein,
Resolution No. 137
Page 2
R-2003-21
December 17, 2003
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is for a second-story deck based the plan set entitled "Maheswaran,
Komathy & Mohan, 10913 Leavesley PL Cupertino CA 95014" dated 7/14/03 by
Craftsmen's Guild, Inc.
2. PRIV ACY IMP ACTS
Privacy impacts generated by the new, second-story deck shall be mitigated in one or all
of the following manners as specified in Chapter 19.28 of the Cupertino Municipal Code:
· Existing trees shall be certified as appropriate for privacy screening;
· New privacy planting shall be installed where necessary to screen views into
neighboring yards. The R-l zoning district privacy planting requirements establish
the minimum standards;
· The applicant may submit written waivers of privacy protection from affected
owners that wish to waive their right to privacy screening.
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 by the Director of Community Development. Proof
of recordation must be submitted to the Community Development Department prior to
final occupancy of the residence.
4. NOTICE OF FEES, DEDICA TIONS, 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) (I), 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. 137
Page 3
R-2003-21
December 17, 2003
PASSED AND ADOPTED this 17th 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 Wong and Chairperson Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Isl Ciddy Wordell
Ciddy Wordell
City Planner
I sl Taghi Saadati
Taghi Saadati, Chairperson
Design Review Committee
G:Plonning;DRC(ResjR-2003-21 res. doc
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10300 Torre Avenue
Cupertino, CA 95014
Notice of Exemption
To: County Clerk-Recorder N �j
70 W. Hedding Street, l Floor �l ,����� °°
East Wing—Business Division ,�AN 1 5 2004
San Jose, CA 95110
� BRENDA DAVIS, County Cl�rk-R��c�-''-•-
Project Title: R-2003-21 Santa Clara County
sy ___._ ��:;... ;
Project Location -(be specific): 10913 Leavesley Place
Project Location -(City):Cupertino Project Location -(County): Santa Clara
Description of Project: Residential Design ]Zeview for an exception for a second-storv deck
on a proposed new residence
Name of Public Agency approving project: Cit o� f Cupertino
Name of Person or Agency carrying out prc►ject: Mike Amini (Maheswaran residence)
Exempt Status: (check one)
_ Ministerial (Sec. 21080(b)(1); 152E 8);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
_ Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
x Categorical Exemption. State type ;�nd section number: Existing Facilities
Section 15301, Class 1
_Statutory Exemption. State code nu�nber:
Reasons why project is exempt: Project is a new 2" deck for a sin�le-family residence
in an existing nei �hborhood
Lead Agency
Contact Person: Colin Jun� Area code/telephone number (408) 777-3257
Signature: ��� � ^., —� J)ate: Dec. 17, 2003 Title: Senior Planner
F� �