Reso 6132 U-2002-02
CITY OF CUPERTINO
10300 Torre Avenue
� Cupertino, California 95014
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RESOLUTION NO. 6132
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A CONGREGATE RESIDENCE WITH 16 RESIDENTS.
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� SECTION I: PROTECT DESCRIPTION
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� Application No(s): U-2002-02
Applicant: Support Systems Homes (Jeffrey Janof�
i Location: 10567 Glenview Avenue
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SECTION II: FINDINGS FOR USE PERMIT
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I WHEREAS, the Planning Commission of the City of Cupertino received an application for a
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i Use Permit, as described in Section I of this Resolution; and
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I 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 in accordance with Ordinance No. 1688 and the
Cupertino Municipal Code:
1. The proposed use is a conditional use in the R-1 Single-Family Zoning District;
2. The proposed use is consistent with the Cupertino General Plan;
3. Congregate residences with ten residents are allowed by right;
4. The application meets the criteria necessary to allow a congregate residence to have
more than ten residents;
5. The facility will limit the number of residents who drive in order to protect
neighboring properties from spillover parking in front of their houses;
6. There is no evidence that allowing six additional residents in this house will increase
crime in the neighborhood;
7. There is no evidence that allowing six additional residents in this house will result in
substantial noise impacts that would violate the Cupertino Municipal Code, but there
is concern that the potential for noise is increased with a higher occupancy;
8. There is no evidence that allowing six additional residents in this house will pose a
direct threat to the health of neighbors, since the County District Attorney's Office
does background checks on each resident to verify they do not have a history of
violent crimes;
Model Resolution No. 6132 U-2002-02 May 13, 2002
Page 2
9. There is no evidence that allowing six additional residents in this house will result in
substantial physical damage to the property of others.
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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 approved, subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof; and
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� 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-2002-02,
, as set forth in the Minutes of the Planning Commission Meeting of May 13, 2002, and are
� incorporated by reference as though fully set forth herein.
� SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
� DEPT.
� 1. APPROVED PROTECT
� This approval allows a congregate residence at the subject site for up to sixteen
� residents. Residents shall include all persons who sleep in the residence.
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I 2. ONE YEAR REVIEW
The use permit will be reviewed in May of 2003 to determine if the approval results in a
I nuisance to the neighborhood that could be mitigated by reducing the occupancy of the
residence.
3. RESIDENTS WITH CARS
The applicant shall limit the number of residents with cars at the subject site to seven,
including staff. On-site parking shall be used before a resident parks on-street. The
applicant shall make every effort to not allow residents to drive vehicles without their
permission.
4. GARAGE USE
The garage must be maintained free and clear to allow two vehicles to park within thirty
calendar days of final use permit approval, subject to approval by the Director of
Community Development.
5. ACCESSORY STRUCTURE
The storage shed in the rear yard must be brought into conformance with the setback
requirements in Chapter 19.80 of the Cupertino Municipal Code within thirty calendar
days of final use permit approval, subject to approval by the Director of Community
Development.
Model Resolution No. 6132 U-2002-02 May 13, 2002
Page 3
6. COUNTY FIRE APPROVAL
The applicant must receive written confirmation from the County of Santa Clara Fire
Marshal that the residence conforms to R-6.2 occupancy building codes in the California
Building Code. Issues identified by the County Fire Department must be addressed to
the satisfaction of the Fire Marshal by May 31, 2002.
7. CONFORMANCE WITH HOUSING CODES
The applicant shall demonstrate compliance with the State Housing Code, including but
not limited to, the adequacy of bathroom and kitchen facilities to accommodate 16
persons in the residence.
8. NEIGHBORHOOD MEETING
� The applicant is strongly encouraged to meet with the surrounding neighborhood
within thirty days of the final action. Noticing of the neighborhood should include at
� least all property owners within five hundred feet of the subject site.
9. 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 13th day of May 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: Chen, Auerbach and Chairperson Corr
NOES: COMMISSIONERS: Saadati
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPRO
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Steve iasecki Charles Corr, Chairman
Director of Community Development Planning Commission
g:/plarini�►g/pdreport/res/U-2002-02 res.doc