DRC Reso 282 DIR-2008-27
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 282
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING A DIRECTOR'S REFERRAL OF A MINOR
MODIFICATION TO ALLOW MINOR LANDSCAPE AND FENCE
IMPROVEMENTS TO AN EXISTING APARTMENT BUILDING
SECTION I: PROTECT DESCRIPTION
Application No.: DIR-2008-27
Applicant: Neal Yung, Owner
Location: 10292 Terry Way
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for Architectural and Site Approval, as described in this Resolution; and
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;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, tesfimony and other evidence
submitted in this matter, the application no. DIR-2008-27, 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
DIR-2008-27 as set forth in the Minutes of the Design Review Committee Meeting of
September 18, 2008 are incorporated by reference herein.
Resolution No. 282 DIR-2008-27 September 18,2008
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set submitted by Neal Yung titled "Plans for
Landscaping Repair, 10292 Terry Way", dated "August 24, 2008" and consisting of
five pages, the first unlabeled and subsequent pages labeled 1.0, 1.1, 1.2, 2.3, except
as may be amended by conditions in this resolution.
2. FENCING
The proposed fence shall not exceed a height of three (3) feet. The design of the
fence shall be open representing a picket style fence. The applicant is required to
research and potentially use fencing material consisting of recycled material. The
final design of the fence shall be subject to approval by the City prior to issuance of
building permits. If the fence is located on a shared property line, the applicant
shall obtain consent from the adjacent property owner prior to the erection of the
fence.
The applicant is required to incorporate at least one opening in the fence located
across the courtyard running in an east-west direction (along the side property
line). This opening shall provide a pathway between the two courtyard sections
and shall be paved with stone or other approved material by the Director of
Community Development.
3. FENCE OPTION
The applicant is required to wait 30 days before installing the fence along the side
property line that runs east-west down the center of the courtyard. During this
period, if the applicant comes to an agreement with the adjacent property owner at
10282 Terry Way to renovate the entire courtyard and landscaping fronting both
complexes, the applicant has the option of not installing the fence at this location
without additional review and approval by the Design Review Committee. The
applicant does not need to wait 30 days for the fence along the front property line
and along the side property line next to the property at 10302 Terry Way.
4. LANDSCAPE
All new trees and shrubs shall be either native or water-wise plants. A revised
landscape plan shall be reviewed and approved by the Community Development
Director prior to issuance of building permits.
5. 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
Resolution No. 282 DIR-2008-27 September 18, 2008
Page 3
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 18� day of September 2008, 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 Giefer, Rose
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
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Steve Piasecki, Director ' a Gie e ,
Community Development Department Design Review Committee