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Reso 4436 2-U-81 (Modified) CITY OF CUPERTII�tO 10300 Tone Avenue Cupertino, California 95014 RESOLUTION NO. 4436 � OF TF� PLANNING COMNIISSION OF THE CITY OF CUPERTINO ( RECONIlVIENDING APPROVAL OF A USE PERNIlT MODIFICATION OF 2-U-81 MODIF'IED TO PERMIT TI� CONSTRUCTION OF A SECOND STORY ADDITION SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 1 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the applicaUon meets the following requirements subject to the condidons enumerated in this Resoludon beginning on Page 2 thereof: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to accommodate the proposed use. c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. e) The decision to permit a second story is based in part upon a.47 Floor Area Ratio limitation. The .47 FAR will enable the applicant to provide adequate space for a bedroom/bathroom suite without overbuilding the site. NOW, T'HEREFORE, 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 Resoludon 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 conceming Applicadon 2-U-81 Modified as set forth in the Minutes of the Planning Commission Meeting of December 14, 1992, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No(s): 2-U-81 (Modified) Applicant: Scott Design Associates. Property Owner: Young and Keun Kim Project Location: 22573 Woodridge Court Resolution No. 4436 (2-U-81 Modified) December 14, 1992 Page -2- � SECTION III: CONDITIONS ADMINISTERED BY Tf� COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXE�BITS The recommendation of approval is based on Development Plan set dated October 27, 1992 (6 Sheets), except as may be amended by the Condidons contained in this Resolution. 2. USE LIlvIlTATIONS The subject Use Permit (2-U-81 Modified) modifies condition 21 of resolution 2183 and allows the , construction of a second story addition. The square footage of the house shall not exceed a.47 Floor Area Ratio. All additions must meet the setback criteria as established in the Rl Ordinance. PASSED AND ADOPT'ED this 14th day of December, 1992 at a Regular Meeting of the Planning Commission of � the City of Cupertino, State of Califomia, by the following roll call vote: AYES: COMNIISSIONERS: Austin, Mackenzie, Mahoney, Mann and Chairman Fazekas ( NOES: CONIlVIISSIONERS: None ABSTAIN: CONIlvIISSIONERS: None ABSENT: CONIIvIISSIONERS: None ATTEST: APPROVED: , � s `��/� � � C �, . Robert Cowan aryl Faze , C 'rman Director of Community Development Planning Commission g:4nm�pere.vo��2u81m I � 1