DRC Reso 287 U-2009-05, ASA-2009-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 287
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT AND ARCHITECTURAL AND SITE REVIEW TO
CONSTRUCT A 441 SQUARE FOOT GARAGE WITHIN THREE FEET OF THE SIDE YARD
SETBACK AND A 368 SQUARE FOOT RESIDENTIAL ADDITION WITH A REDUCED
REAR YARD SETBACK LOCATED IN A PLANNED DEVELOPMENT LIGHT
INDUSTRIAL ZONE.
SECTION I: PROIECT DESCRIPTION
Application No.: U-2009-05, ASA-2009-05
Applicant: Richard Hernandez
Location: 10205 Imperial 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 Design Review Committee 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 the Single Family (R1) Ordinance and
the General Plan;
3. Design harmony between new and existing buildings is protected through the use of
consistent or compatible design and color schemes;
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
condition which is enumerated in this Resolution beginning on page 2 thereof; and
Resolution No. 287 U-2009-05, ASA-2009-09 September 17, 2009
Page 2
That the sub conclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application U-2009-05,
ASA-2009-05 set forth in the Minutes of the Design Review Committee meeting of September
17, 2009, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on submitted plan set entitled, "Hernandez Residence, 10502 Imperial
Ave. CA 95014" consisting of 7 pages, dated August 4, 2009, except as may be amended
by conditions in this resolution.
2. CONVERSION OF INDUSTRIAL SPACE
In the event that the industrial space is demolished or converted to residential space, the
Single Family (R1) Ordinance Floor Area Ratio restriction shall prevail.
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 17� day of September 2009, 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: Chair Brophy, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
C�ar , - ao Paul Brophy, C pers
� City Planner Design Review o mit ee