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DRC Reso 161DIR-2004-10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 161 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A DIRECTOR'S REFERRAL OF A MINOR MODIFICATION TO CONSTRUCT A 336 SQUARE FOOT OFFICE/STORAGE BUILDING IN THE REAR YARD AND TO EXCEED THE MAXIMUM SQUARE FOOTAGE ALLOWED ON THE LOT BY APPROXIMATELY 300 SQUARE FEET, LOCATED AT 22239 HAMMOND WAY. SECTION I: PROTECT DESCRIPTION Application No.: DIR-2004-10 Applicant: Rich Alfano Location: 22239 Hammond Way 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 this chapter, the General Plan, and zoning ordinance; 3. Abrupt changes in building scale is avoided and a gradual transition related to height and bulk is achieved; and 4. Design harmony between new and existing buildings and structures 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 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 DIR-2004-10 set forth in the Minutes of the Design Review Committee meeting of, July 21, 2004, and are incorporated by reference as though fully set forth herein. Resolution No. 161 DIR-2004-10 July 21, 2004 Page 2 SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on a plan set entitled: "Zingale Office, 22239 Hammond Way, Cupertino CA, 95014" dated May 17, 2004, except as may be amended by conditions in this resolution. 2. PRIVATE OPEN SPACE The Private Open Space area shall be shown correctly on the approved site plan. 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(4) (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 21St day of July 2004, 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: Commissioner Chen and Chairperson Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Commissioner Miller ATTEST: Ciddy Wordell, City Planner G:\ Planning\ DRC\ res \ DIR-2004-10 res.doc APPROVED: r— Gilbert Wong, Chairperson Design Review Committee