Reso 6579 ASA-2009-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6579
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
AN ARCHITECTURAL AND SITE REVIEW FOR TWO NEW 2,317 SQUARE FOOT SINGLE
FAMILY RESIDENTIAL UNITS ON SEPARATE LOTS EACH WITH A 640 SQUARE FOOT
DETACHED SECOND DWELLING UNIT AT 10216 PASADENA AVE
SECTION I: 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-2009-07 set forth in the
Minutes of the Planning Commission meeting of January 26, 2010, and are incorporated by reference
as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: ASA-2009-07
Applicant: Terry Brown on behalf of D &B Legacy, LLC
Location: 10216 Pasadena Ave (APN: 357-18-021)
Resolution No. 6579 ASA-2009-07 January 26, 2010
Page 2
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROTECT
The approval is based on Exhibits prepared by:
a. Bruno Marcelic, Architect AIA, dated October 30, 2009 and titled "10216 Pasadena Avenue
Homes, 10216 Pasadena Avenue, Cupertino, CA 95014" consisting of 13 pages numbered,
"A-1.0- A-3.0"; "A-3.1-A-3.5"; "A-4.0-A-4.3"; "A-5.0";
b. LC Engineering, dated December 18, 2009 and titled "Grading and Drainage Plan for Lands
of Adzich, 10216 Pasadena Avenue, APN 357-18-021, Cupertino,California," consisting of 6
pages numbered"1 of 6- 6 of 6"; and
c. Reed Associates Landscape Architecture, dated December 10, 2009 and titled "Landscape
Planting Plari' consisting of 1 page number numbered "L1"; and
submitted by the applicant, except as may be a�nended by the Conditions contained i n this
Resolution.
2. SETBACKS
The setbacks for the homes will be consistent with those identified in the Grading, Drainage and
Erosion Control Plan numbered Page 2 of 6.
3. FRONT YARD TREE
The applicant shall plant a 24" tree in the front setback area instead of the 15 gallon tree indicated
on the landscaping planting plan on page L1.0.
4. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior
to issuance of building permits. Staging of construction equipment shall not occur within 20 feet
of residential property.
5. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color,
material, architectural treatments and/or embellishments) shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits. The final building
exterior plan shall closely resemble the details shown on the original approved plans. Any
substantial exterior changes shall require a minor modification approval with neighborhood
notification as determined by the Director of Community Development.
6. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved
by the Director of Community Development prior to issuance of building permits. The landscape
plan shall include water conservation and pesticide reduction measures as required by the City.
7. PROTECT AMENDMENTS
The Planning Commission shall review amendments to the project considered major by the
Director of Comrnunity Development.
Resolution No. 6579 ASA-2009-07 January 26,2010
Pa e 3 -
8. 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 January 2010, at a Regular Meeting of the Plai�uling
Corrunission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Brophy,Vice Chair Lee, Kaneda, Miller
NOES: COMMISSIONERS: Giefer
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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arti Shrivastava Paul Brophy, Chai
Director of Community Development Planning Commissi
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