ASA-2006-02b
10300 T orre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
March 30, 2006
Mr. Steve Yang
1618 Willowhurst Avenue
San Jose, Ca. 95125-5560
SUBJECT: PLANNING COMMISSION ACTION LETTER - M-2006-Ol, ASA-
2006-02
This letter confirms the decision of the Planning Commission, given at the
meeting of March 28, 2006, approving Architectural and Site approval for and
the modification of a Use Permit for an approximate 3,600 square foot addition to
an existing office building and exterior and site modifications, according to
Planning Commission Resolution No. 6383 and 6384.
Please be aware that if this permit is not used within a two-year period, it shall
expire on March 28,2008.
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.
Sincerely,
Gary Chao
Associate Planner
Enclosure:
Resolution No. 6383 and 6384
Cc: The Stargazer Group, LLC. cj 0 Evergreen Management, 530 Showers Drive #7-261,
Mountain View, Ca. 94040
g:jplanning/post hearing/actionletter M-2006-01, ASA-2006-02
ASA-2006-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6383
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE REVIEW FOR AN APPROXIMATE 3,600
SQUARE FOOT ADDITION TO AN EXISTING OFFICE BUILDING AND EXTERIOR AND
SITE MODIFICATIONS
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2006-02
Stargazer's Group
10062 Miller 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 project allows for variety in housing opportunities within the community while
maintaining the existing neighborhood character;
4. Abrupt changes in building scale is avoided and a gradual transition related to height
and bulk is achieved;
5. Design harmony between new and existing buildings is protected through the use of
consistent or compatible design and color schemes;
6. The new development is designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures.
Resolution No. 6383
Page 2
ASA-2006-02
March 28, 2006
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-2006-02
set forth in the Minutes of the Planning Commission meeting of, March 28, 2006, and are
incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
The recommendation of approval is based on the exhibits labeled, "Expansion & Face-lift
for an Office Building, 10062 Miller Avenue, Cupertino, California 95014", consisting of
eight sheets dated 3/22/06 labeled: A-I - A-2, ONE, A-3-A-7, except as may be amended
by the conditions contained in this resolution.
2. ENTRY CANOPY
The applicant shall install a metal canopy (similar to the one proposed along the north
elevation) at the building entrance along the east elevation. Revised canopy play must be
reviewed and approved by the Planning Department prior to issuance of building
permits.
3. TRASH ENCLOSURE
The proposed trash enclosure shall be enlarged to be able to house the following:
1 - 3 yard garbage bin (4' x 7')
1 - 3 yard cardboard bin (4' x 7')
3 - 96 gallon toters for recycling (2.5' x 3')
In addition, a roof is required over the trash enclosure., The interior height of the
enclosure must be a minimum of 9 feet and there must be 1.5 feet between the containers
to allow access to the bins. The trash facilities shall be enclosed by a masonry wall or
similar solid material. The final trash enclosure design shall be reviewed and approved
by the Director of Community Development prior to issuance of any building permits.
4. PERMEABLE PAVERS
Permeable interlocking pavers must be used over the new bicycle parking area.
5. NOTICE OF FEES, DEDIC A TIONS, RESERV A TIONS 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
Resolution No. 6383
Page 3
ASA-2006-02
March 28, 2006
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 28th day of March 2006, at a Regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following roll call
vote:
AYES:
COMMISSIONERS: Chairperson Miller, Vice-Chair Giefer, Saadati, Wong
Wong
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: none
NOES:
ABSTAIN:
ABSENT:
ATTEST:
APPROVED:
/ s/Steve Piasecki
Steve Piasecki
Director of Community Development
/ s / Marty Miller
Marty Miller, Chairperson
Planning Commission
ASA-2006-02, M-2006-01
Steve Yang
(Stargazer Group)
1 0062 Miller Avenue