Reso 6259 I
U-2004-07
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6259
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
� APPROVING A USE PERMIT FOR TWO SINGLE-FAMILY RESIDENCES IN A P(RES)
PLANNED DEVELOPMENT WITH RESIDENTIAL INTENT ZONING DISTRICT.
SECTION I: PROTECT DESCRIPTION
Application No(s): U-2004-07
Applicant: Mark Snow (Danny Lee)
Location: 10078 Santa Clara 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
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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.
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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 recommended for approval,
subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof;
and
� Resolution No. 6259 U-2004-07 July 26, 2004
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-2004-07,
as set forth in the Minutes of the Planning Commission Meeting of July 26, 2004, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
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1. APPROVED PROTECT
Approval is based on the plan set entitled: "New Construction for: Cupertino
Construction, 10078 Santa Clara Avenue, Cupertino, California" dated April 26, 2004 and
consisting of six sheets labeled T1, A1 through A5 by Mark H. Snow Associates, except as
' may be amended by the conditions contained in this approval.
2. FINAL APPROVAL
The final design shall be reviewed by the Design Review Committee at a noticed public
meeting as a minor modification to this approval. The following conditions were placed
► on this conceptual approval: the house/ garage shall be shifted back 8-9 feet to
accommodate two cars on the driveway and one of the side setbacks must be at least 5
feet.
, 3. LOT LINE ADTUSTMENT
This Use Permit cannot be implemented until a lot line adjustment is approved based on
the lot configuration in the approved plans. The lot line adjustment will be subject to
approval by Public Works and Planning staff.
4. PRIVACY PLANTING
� The applicant shall provide a privacy protection plan with their building permit
submittal, to be approved by Planning staff. The privacy screening shall be recorded on
the properties with a covenant prior to final occupancy. Planning staff has the discretion
to modify or waive this condition based on input from affected neighbors.
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� 5. FRONT YARD PLANTING
Two trees shall be planted between the driveways of the two units. The species of tree
i shall be fast growing with large canopies, subject to approval by Planning staff. A
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covenant shall be recorded on both properties to share maintenance and ownership of the
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trees between the two properties.
6. 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
Resolution No. 6259 U-2004-07 July 26, 2004
Page 3
� 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 26�' day of July 2004, at a Regular Meeting of the Planning
� Commission of the City of Cupertino, State of California, by the following roll call vote:
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AYES: COMMISSIONERS: Giefer, Miller, Vice-Chair Wong and Chairperson Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chen
ATTEST: APPROVED:
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Stev iasec i Ta ' Saadati, Chairperson
i Director of Community Development Cupertino Planning Commission
G: � Planning � PDREPORT � RES \ U-200407 res2.doc
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