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DRC Reso 207U-2004-1.2 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 207 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO ' APPROVING A USE PERMIT FOR A ONE AND TWO STORY ADDITION TO A SINGLE- FAMILY RESIDENCE IN A P(RES) PLANNED DEVELOPMENT WITH RESIDENTIAL INTENT ZONING DISTRICT. SECTION I: PROTECT DESCRIPTION Application No(s): U-2004-12 Applicant: Robert Rickman Location: 10200 Empire Avenue SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission 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 proposed use, 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 proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended, for approval, subject to the conditions which are enumerated in this Resolution beginning on Page -2 thereof; and Resolution No. 207 U-2004-12 April 7, 2005 Page 2 That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No. U-2004-12, as set forth in the Minutes of the Planning Commission Meeting of April 7, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROJECT Approval is based on the plan set entitled: "Rickman Residence' dated February 24, 2005 and consisting of four sheets labeled Al, through A4 by Team2 Architecture and Design, amended by the hand -drawn, undated building elevations by Robert Rickman, except as may be amended by the conditions contained in this approval. 2. 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 711, day of April 2005, 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 Giefer and Chairperson Miller NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: a Ciddy Wordell ; Mar it er, Chairperson City Planner Design Review Committee