Reso 6123 10-EXC-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6123
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING EXCEPTIONS TO CHAPTER 19.100 OF THE CUPERTINO MUNICIPAL
CODE RELATED TO PARKING REQUIREMENTS FOR A NEW SINGLE-FAMILY
RESIDENCE.
SECTION I: PROTECT DESCRIPTION
Application No.: 10-EXC-01
Applicant: David Perng (Peter Hoang)
Location: 7826 Festival Drive
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval, as described in this Resolution; and
WHEREAS, the Planning Commission finds that the changes are beneficial and compatible
with the surrounding area;
1. There are extraordinary conditions that justify the exception, such as the 20 foot
drainage easement and the irregular lot shape that are not generally applicable to
similar single-family residential properties.
2. The exception departs from the requirements of this chapter to the minimum degree
necessary to allow the project to proceed.
3. The exception will not adversely affect neighboring properties by causing
unreasonable numbers of vehicles to park on the neighboring properties or upon
public streets.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application no.10-EXC-01, is here by 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 10-EXC-01 as
set forth in the Minutes of the Planning Commission Meeting of January 14, 2002, and are
incorporated by reference herein.
Resolution No. 6123 10-EXC-Ol January 14, 2002
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on submitted sheet entitled "Mr. & Mrs. Hoang's Residence," dated
November 29, 2001.
2. EXCEPTIONS APPROVED
This approval includes exceptions for (1) a two-car tandem garage; (2) a garage with
average parking spaces of 10'x18' where two spaces of 10'x20' are required; and (3) the
driveway shall be no more than 10' wide with the total number of on-site parking spaces
reduced to 3.
3. DRIVEWAY
The driveway curb cut shall be the minimum width necessary, subject to approval by the
Director of Community Development and the Director of Public Works.
4. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property
owners of the privacy protection measures and tree protection requirements. The precise
language will be subject to approval by the Director of Community Development. Proof
of recordation must be submitted to the Community Development Department prior to
final occupancy of the residence.
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 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.
Resolution No. 6123 10-EXC-01 January 14, 2002
Page 3
PASSED AND ADOPTED this 14� day of January, 2002, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Patnoe, Chen, Auerbach and Chairperson Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
�--
Steve Piasecki Charles Corr, Chairperson
Director of Community Development Cupertino Planning Commission
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