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DRC Reso 126U-2003-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 126 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN APPROXIMATELY 600 SQUARE -FOOT ADDITION TO AN EXISTING RESIDENCE IN A PLANNED DEVELOPMENT RESIDENTIAL ZONE P(RES) AT 10196 EMPIRE AVENUE SECTION I: PROJECT DESCRIPTION Application No.: U-2003-09 Applicant: Kenneth Chin Location: 10196 Empire Avenue SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received a planned development zoning use permit application, as described in this Resolution; and WHEREAS, the Design Review Committee finds that the changes are beneficial and compatible with the surrounding area; 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 zoning ordinance, and the General Plan. 3. The design will not result in abrupt changes in building scale and building setbacks between the subject site and neighboring properties. .4. The proposal will use materials that complement the existing buildings. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application no. U-2003-09, is hereby approved; 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 U-2003-09 as set forth in the Minutes of the Design Review Committee Meeting of November 19, 2003, and are incorporated by reference herein. Resolution No. 126 U-2003-09 November 19, 2003 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on submitted plans entitled "2nd Story Addition Over Existing House, 10196 Empire Avenue", consisting of one sheet and undated, except as may be amended by the conditions contained in this resolution. 2. NOTICE OF PEES, 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 19th day of November 2003, 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 Wong and Chairperson Saadati NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: /s/ Ciddy Wordell Ciddy Wordell City Planner CUPNT:planning/DRC/res/U-2003-09 res /s/ Taghi Saadati Taghi Saadati, Chairperson Design Review Committee