Reso 6200 I-2003-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6200
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN INTERPRETATION OF FRONT YARDS FACING COLONY HILLS LANE
FOR AN EXISTING SINGE-FAMILY RESIDENCE AND PROPOSED ADDITION IN
ACCORDANCE WITH
SECTION 19.08.030 OF THE CUPERTINO MUNICIPAL CODE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
interpretation, as described in Section II. 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) that design relationships with adjacent yards and buildings would be improved by
� interpreting the front yard as facing the Colony Hills Lane of the below referenced
drawing; and
2) that design relationships would be improved by interpreting them consistently with the
existing neighborhood design and lot orientation.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for an interpretation is hereby recommended for
approval, subject to the conditions which are enumerated in this Resolution beginning on Page
2 thereof; 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 No. I-2003-01 as
set forth in the Minutes of the Planning Commission Meeting of August 25, 2003, and are
incorporated by reference though fully set forth herein.
Resolution No. 6200 I-2003-1 August 25, 2003
Page-2-
SECTION II: PROTECT DESCRIPTION
Application No.: I-2003-01
Applicant: David Perng
Property Owner: Shijer Lin
Location: 1070 Colony Hills Lane
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Liri s Addition, 1070
Colony Hills Lane, Cupertino, CA." consisting of three sheets labeled A-1, A-2 and A-3,
except as may be amended by the Conditions contained in this Resolution.
2. BUILDING PERMITS
The applicant shall obtain proper building permits from the Building Department for
the proposed addition prior to commencement of construction.
3. STREET SIDE YARD FENCE SETBACKS
Fences located along a street side yard are required to be setback at least 5 feet from the
property line per City's Fence Ordinance (Chapter 16.28). Currently on the project
property, there is an existing street side yard fence approximately 4 feet setback from
the southerly property line along Tip Toe Lane. As part of this application, the
applicant shall relocate this fence in order to conform to the minimum 5-foot fence street
side yard setback. In addition, no portions of any fence shall encroach into the forty-
foot corner triangle as defined by Section 16.28.040B of the Fence Ordinance. Revised
fencing plan shall be reviewed and approved by the Planning Department prior to
issuance of any building permits.
PASSED AND ADOPTED this 25th day of August 2003, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Miller, Wong and Chairperson Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Vice-Chair Saadati
ATTEST A PROVED:
�
.
Steve Piasecki Angela en, Chair
Director of Community Development Cuperti Planning Commission
G:�Planning�PDREPORT�RES�i-2003-Ol.doc