Reso 6243 EXC-2004-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6243
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING PARKING EXCEPTIONS TO ALLOW A ONE-CAR GARAGE WHERE A
TWO-CAR GARAGE IS REQUIRED AND ALLOW ONE DRIVEWAY APRON SPACE
TO HAVE A DEPTH OF 19 FEET WHERE 20 FEET IS REQUIRED
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2004-02
Applicant: David Tran (Thanh Phung & Frances Bui)
Location: 18831 Hunter Way (375-34-053)
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Hillside Exception, as described on Section I of this Resolution; and
WHEREAS, the necessary 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 this
application, and has satisfied the following requirements:
1. There are extraordinary conditions not generally applicable to similar uses which
justify the exception;
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, application no. EXC-2004-02 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 EXC-2004-02, as set forth in the Minutes of the Planning Commission
Meeting of May 10, 2004, and are incorporated by reference herein.
Model Resolution EXC-2004-02 May 10, 2004
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the Plan Set entitled: "Thanh Phung & Frances Bui Residence
Renovation," consisting of 3 sheets labeled: A1, A2 and A3, except as may be
amended by conditions contained in this resolution.
2. USE LIMITATION
A fourth bedroom cannot be added to this property without the provision of a two-
car garage. Any expansion or reconfiguration of existing rooms is allowed under
the standard processes of the City of Cupertino. In the event of non-bedroom
additions, the maximum floor area excluding garage area shall be 2,039 sq. ft. The
Director of Community Development shall modify this condition, upon the
enactment of any ordinance that increases the maximum floor area ratio or permits
by right a one-car garage in this neighborhood under the circumstances of this
project.
3. 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 10th day of May 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer, Miller, Wong and Chair Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
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ATTEST: APPRO ED: i'
Steve iasecki T ghi aadati, Chairman
Director of Community Development Cupertino Planning Commission
g/planning/pdreport/res/EXC-2004-02 res