Reso 4243 30-U-89
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RF50L�JI'ION NO. 4243
OF T� PLANNING C�OPM�SSION OF THE CITY OF CUPF�TIlJO
APPROVIl�iG A USE PERNIIT FOR A CONTINUID OCC�JPANCY OF AN �STING
S�CJ�ND iJNIT
SF]CTION I • FIl�iDINGS
WI�2EA..S, the Planning CoYrnmission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
arid
W�F�A.S, the applicant has met the burden of proof required to support
said application.; and
W�E'AS, the Planning Commission finds that the application meets the
follawirig requirements:
a) That the use or use.s are in conformance with the �ral Plan of
the City of Cupertino, and are not detrimental to e�tisting uses
or to uses specifically permitted in the zone in which the
proposed use is to be located.
b) That the propexty involved is adequate in size and shape to
acca�annodate the proposed use.
c) That the proposed use will not generate a level of traffic aver
and above that of the capacity of the existing street system.
d) That the proposed use is otherwise not detr�mental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injuriaus
to property and improvements in the neighborhood.
NOW, ��ORE, BE IT R�SOLUID:
'That aftex careful consideration of maps, facts, exhibits, testimoriy and
other evidence su�i.itted in this matter, the application for Use Permit is
hereby recairnnended for approval, subject to the conditions which are
ernmterated 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 reoord
concerning Application 30 U-89 as set forth in the Minutes of the Plannirig
C�atmiission Meeting of February 14, 1990, and are incorporated by referexice
as though fully set forth herein.
Resolution No. 4243 (30-U-89) FebruaYy 14, 1990
Page -2-
SF]CI'ION II • P'RO�TF7CI' DFSCRIPI'ION
Applications No(s): 30-U-89
Applicant: Stiidarshan Sarparx�al
Property Owner: S�me
Location: 10629 Felton Way
� SDCTION III: CONDITIONS TO BE ADN�TISI�RID BY THE OOMMUNITY DEVELpPN�r
DEPARZMIIVT
1) APPROVID EXf�BITS
Approval is based on the existing and proposed remodel plat plans of
30-U-89, except as maybe amended by the conditions oontained is this
resolution.
� 2 ) USE LINNUTATIONS
The subject Use Permit authorizes occupation of the second unit provided
i that continuous construction of an attached two car garage ackiition is
completed within 6 months from approval of the Use Permit.
� 3 ) OWNER OCC'CTPANCY
The cx�mer must record a deed restriction setting forth owner oa��pancy
of either the main dwelli.ng or the second unit in c�nformanoe with
� Sec.�tion 14.1.1,E of R1 Ordinance 1449.
4 ) TT T,FICAT OpNSTRUCTION
The awner must obtain Building Permits and bririg in to ccgtq�lianoe the
I rear extension of the second unit including increasing the side yard
setback. The redwood deck on the right side of the ha��.se must be cut
back to meet the three (3) foot minim�.nn setback requirement.
` 5) DRIVESn1AY ALI(�1T
The driveway, within the public right-of-way, shall be realigned to the
curb opening with final approval by Staff.
I PASSID AND ADOPTID this 14th day of February, 1990 at a Regular Nleetirig of
the Planning Conmtission of the City of Cupertino, State of California, by
the follcnaing roll call vote:
AYES: C�SSIONEELS: Adams, Fazekas, Mackenzie, Mann, C�airntian Claudy
NOES : C�M�SSIONERS : None
ABSrAIl�T: QOPM�IISSIONER.S: None
( ABSII�T : C�OPM�IISSIONEE2.S : None
ATl'E.ST: APPROVID:
Js/ Robert s. Cowan Js� John Claudy
j Robert S. CcJwan John Claudy, Chairman
Director of Coirnnunity Development Cupertino Planning Coarnmission
peresos/rso30u89