Reso 6263 R-2004-17
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6263
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING DESIGN REVIEW OF A 1,929 SQUARE FOOT ADDITION TO AN EXISTING
RESIDENCE THAT REQUIRES AN EXCEPTION TO THE FRONT YARD SETBACK
REQUIREMENT
SECTION I: PROTECT DESCRIPTION
Application No.: R-2004-17
Applicant: John Ghashghai/ Kelly Walsh
Location: 10230 Scenic Boulevard
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
R1 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. The literal enforcement of the provisions of this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter;
2. The granting of the exception will not result in a condition that is materially
detrimental to the public health, safety and welfare;
3. The exception to be granted is one that will require the least modification of the
prescribed design regulation and the minimum variance that will accomplish the
purpose;
4. The proposed exception will not result in significant visual impact as viewed from
abutting properties.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. R-2004-17 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 R-2004-17, as
set forth in the Minutes of the Planning Commission Meeting of August 9, 2004, and are
incorporated by reference herein.
Resolution No. 6263 R-2004-17 August 9, 2004
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the Plan Set entitled: "Ghashghai Residence," consisting of 3 sheets
labeled: A1, A2 and A3, except as may be amended by conditions contained in this
resolution.
2. MINIMUM GARAGE INTERIOR CLEARANCE
The garage plan shall be revised to indicate a minimum of 20 feet by 20 feet of interior
clearance. Revised plans shall be reviewed and approved by the Planning Department
prior to issuance of building permits.
3. GEOTECHNICAL INVESTIGATIONS
Prior to issuance of building permits, the applicant/ owner shall fully address the
concerns and conditions of the City Geologist (Cotton, Shires & Associates, Inc.)
4. 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 9th day of August 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, Vice-Chair Wong and Chairperson
Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
�
ATTEST APPRO D:
-�
�
Steve Piasecki T i Saadati, Chairperson
Director of Community Development Cupertino Planning Commission
G: \ Planning � PDREPORT � RES � R-2004-17 res.doc