Reso 6561 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6561
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING TO
UPHOLD AN APPEAL AND APPROVE THE APPLICATION WITH MODIFICATIONS OF
THE COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL OF A DIRECTOR'S MINOR
MODIFICATION FOR A 562 SQUARE FOOT ADDITION AT 10928 SYCAMORE DRIVE IN
THE OAK VALLEY PLANNED DEVELOPMENT DISTRICT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an appeal to deny the
approval of a Director's Minor Modification application, 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 Coinmission has held one or more public
hearings on this matter; and
WHEREAS, the Planning Comnussion finds the following with regards to visual impacts:
1. Adverse visual impacts on adjoining properties have been reasonably mitigated in
that the chimney was removed from the rear addition.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the appeal of the Director's Minor Modification is upheld, and is hereby
recommended for approval with modifications, 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. DIR-2009-04 as
set forth in the Minutes of the Planning Commission Meeting of July 28, 2009, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: DIR-2009-04
Applicant: Daryl Harris (Hong Residence)
Location: 10928 Sycamore Drive
Resolution No. DIR-2009-04 July 28, 2009
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on submitted plan set entitled, "A Proposed Remodel & Addition
For: Roy & Andrea Hong"" consisting of 4 pages, dated May 20, 2009, 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. REMOVAL OF CHIMNEY
The chimney located along the north side of the residential addition shall be removed.
The interior fireplace may remain.
3. 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.
4. 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 28th day of July 2009, at a Regular Meeting of the Planning
Cominission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Giefer,Vice Chair Brophy, Miller, Kaneda, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVE •�,�
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Aarti Shrivastava 1 lr '
Director of Community Development Planning Commiss
G:1 Planningl PDREPORTI RES120091 DIR-2009-04.doc