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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