ASA-2004-10b
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
CITY OF
CU E I
July 27, 2004
Mr. Danny Lee
10079 Saich Way
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2004-07 & ASA-
2004-10
This letter confirms the decision of the Planning Commission, given at the
meeting of July 26,2004, approving a use permit (U-2004-07) and an architectural
and site approval (ASA-2004-10) for two single-family detached residences in a
P(Res) planned development with residential intent zoning district, located at
10078 Santa Clara Avenue, according to Planning Commission Resolutions No.
6259 and 6260.
Please be aware that if these permits are not used within a two-year period, they
shall expire on July 26, 2006.
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.
SF]k 1M
Peter Gilli
Senior Planner
G: \ Planning \ Post Hearing \ Action Letters \ action letter u200407, asa200410,doc
ASA-2004-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6260
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROV AL OF AN ARCHITECTURAL AND SITE REVIEW FOR TWO SINGLE-F AMIL Y
DET ACHED RESIDENCES IN A P(RES) PLANNED DEVELOPMENT WITH RESIDENTIAL
INTENT ZONING DISTRICT.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2004-10
Mark Snow (Danny Lee)
10078 Santa Clara Avenue
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission 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 proposal, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2. The proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. The proposal will use materials and design elements such as horizontal siding,
composition roof and simplified building forms that compliment the existing and
neighboring structures;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application 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 ASA-2004-10
set forth in the Minutes of the Planning Commission meeting of July 26, 2004, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6260
Page 2
ASA-2004-10
July 26, 2004
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is based on the plan set entitled: "New Construction for: Cupertino
Construction, 10078 Santa Clara Avenue, Cupertino, California" dated April 26, 2004 and
consisting of six sheets labeled Tl, Al through AS by Mark H. Snow Associates, except as
may be amended by the conditions contained in this approval.
2. FINAL APPROVAL
The final design shall be reviewed by the Design Review Committee at a noticed public
meeting as a minor modification to this approvaL The following conditions were placed
on this conceptual approval: the house/garage shall be shifted back 8-9 feet to
accommodate two cars on the driveway and one of the side setbacks must be at least 5
feet.
3. 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 26th day of July 2004, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Giefer, Miller, Vice-Chair Wong and Chairperson Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS: Chen
ATTEST:
APPROVED:
I s I Steve Piasecki
Steve Piasecki
Director of Community Development
I sl Taghi Saadati
T aghi Saadati, Chair
Cupertino Planning Commission
G: \ Planning \ PDREPORT\ RES \ ASA-2004-1 0 res.doc
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