Reso 6555 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
(denial) RESOLUTION No. 6555
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE DENIAL OF AN APPEAL AND TO UPHOLD THE DESIGN
REVIEW COMMITTEE'S APPROVAL OF AN ARCHITECTURAL AND SITE
APPROVAL OF A NEW 5,202 SQUARE FOOT, TWO-STORY RESIDENCE AT 10450
SERRA STREET IN THE OAK VALLEY PLANNED DEVELOPMENT DISTRICT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an Architectural and Site Approval, as described in Section II of this Resolution; and
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 proposed use, 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; and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the Architectural
and Site Review Chapter of the Cupertino Municipal Code; and
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Architectural and Site Approval 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
No. ASA-2009-03 as set forth in the Minutes of the Planning Commission Meeting of
Apri114, 2009, and are incorporated by reference as though fully set forth herein.
Denial Resolution No. 6555 ASA-2009-03 Apri114, 2009
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: ASA-2009-03
Applicant: Barre Barnes (Pashricha residence)
Location: 10450 Serra Street
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on submitted plan set entitled, "Serra Street Residence"
consisting of 12 pages, dated February 16, 2009, and accompanying material
sheet, except as may be amended by conditions contained within. Colors may
vary as long as it is a closely related color and does not exceed the light
reflectivity value requirements stated in Use Permit 6-U-97's Design Guidelines.
2. DRIVEWAY PAVING
The concrete driveway pavers shall be pervious or porous. A material sample shall be
reviewed and approved by the Planning Division prior to issuance of building permits.
3. PARKING
The applicant shall provide a minimum of 6 parking spaces in accordance with
the approved site plan.
4. GREEN BUILDING MEASURES
The City recommends that the applicant incorporate green building measures
into the project. The green building measures may include but not be limited to:
low VOC paints, maximizing recycled building materials, solar
efficiency/energy, energy efficient windows/appliances/mechanical
equipments, maximizing onsite water retention, and draught tolerant and pest
resistant landscaping.
5. FENCING
No gates are permitted between the public and private open space. Only open fencing is
allowed between the developed yard and private open space. All open fencing shall be
painted with dark,flat paint.
6. LINEAR PARK
The property owner shall be responsible for maintaining the sidewalk and
landscaping in the linear park area, which shall be maintained consistent with
the street tree plan.
Denial Resolution No. 6555 ASA-2009-03 Apri114, 2009
Page 3
7. GEOTECHNICIAL REVIEW
Prior to building permit approval, the applicant shall comply with the
recommendations outlined in the Cotton Shires & Associates, Inc. Geologic Peer
Review letter dated March 2, 2009 and the recommendations in the Pollak
Engineering Inc. Geotechnical Investigation letter dated August 4, 2008 and
pertaining to the proposed development.
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 APROVED this 14th day of April 2009, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Giefer, Vice Chair Brophy, Miller, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Kaneda
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ATTEST: APPROVEI�: `__ -
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Aarti Shrivastava Lisa� er, Cha' '
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Director of Community Development I�la�ining Commission ``