R-2002-02b
CUPEI\TINO
Community Development Department
10300 Torre Avenue
Cupertino, California 95014
Phone (408) 777-3308
Fax (408) 777-3333
June 26, 2002
MEMORANDUM FOR FILE R-2002-02
At the building permit stage, the design was revised so that no
new deck area was added. Since no new deck area was added,
the building permit as issued did not need the approval of the
Design Review Committee and did not require privacy planting.
This approval will not be used and will expire on May 15, 2003.
The conditions in Design Review Committee Resolution No. 75
are not active.
Peter Gilli
Associate Planner
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CITY OF
CUPERJINO
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
COMMUNITY DEVELOPMENT
May 16, 2002
My. Patrick Flanders
P.O. Box 300
Los Gatos, CA 95031
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2002-02
This letter confirms the decision of the Design Review Committee, given at the meeting
of May 15/ 2002, approving an exception to construct a first story addition and replace a
second story deck at an existing residence, according to Design Review Resolution No.
75.
Please be aware that if this permit is not used within one year, it shall expire on
May 15, 2003.
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 Planning Commission.
SP;4lJ '
Peter Gilli
Associate Planner
Cc: Lei Tunnaye-Ennis, 10104 Crescent Court, Cupertino 95014
Enclosures:
Resolution No. 75
g:plallnillg/DRC Committee/ action letter R-2002-02.doc
Printed on Recyci(-xi Paper
R-2002-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 75
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ADDITION TO AN EXISTING SECOND STORY DECK.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
R-2002-02
Lei Tunnaye-Ennis (Patrick Flanders)
10104 Crescent Court
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 expanded section of the second-story deck is designed and located such that it will
not result in substantially increased privacy intrusion beyond that of the existing deck,
and any increased intrusion will be mitigated as conditioned in this resolution.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, factsl 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-2002-02 set
forth in the Minutes of the Design Review Committee meeting of, May 15, 2002, and are
incorporated by reference as though fully set forth herein.
Resolution No. 75
Page 2
R-2002-02
May 15, 2002
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is for an expanded second-story deck based the plan set entitled" A
Proposed Addition to 10104 Crescent Court, Cupertino CA 95014 for Lei Tunnaye Ennis,"
dated April 23, 2002 by Flanders Bay Company.
2. PRIV ACY IMP ACTS
Privacy impacts generated by the expansion of the 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 applicant may submit waivers of privacy protection from affected owners that
wish to waive their right to privacy screening.
3. PRIVACY 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, DEDICATIONS, RESERV A nONS 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.
Resolution No. 75
Page 3
R-2002-02
May 15, 2002
PASSED AND ADOPTED this 15th day of May 2002, 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 Saadati and Chairperson Corr
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Isl Ciddy Wordell
Ciddy Wordell
City Planner
j s I Chuck Corf
Chuck Carr, Chairperson
Design Review Committee
g/plllllllillg/drcIH-2002-02 res.doc
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