Reso 4977 14-U-97
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4977
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING CITY COUNCIL APPROVAL OF A USE PERMIT TO CONSTRUCT A
SECOND STORY ADDITION TO AN EXISTING RESIDENCE.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described in Section II. of this Resolution; and
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 not met the burden of proof required to support said application; and has
not satisfied the following requirements:
1) The proposed design meets the spirit and intent of the single-family, single-story limitation [R1 (i)]
zoning.
2) 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;
3) 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.
4) The proposed use will not result in privacy impacts, shadowing, intrusive noise or other adverse
impacts to the surrounding area.
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 denial; 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 No. 14-U-97 as set forth in the
Minutes of the Planning Commission Meeting of October 26, 1998, and are incorporated by reference
as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 14-U-97
Applicant: Ji-Mai Chen
Property Owner: Ji-Mai Chen
Location: 10580 John Way
nr�v�cimu t�r »avment nf teec_ incluciin¢_ hut nnt limited t�_ checking and in�necti�n fees_ St�rm
Resolution No. 4977 14-U-97 October 26, 1998
Page-3
drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall
be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,918.00 minimum
b. Development Maintenance Deposit: $ 500.00
c. Storm Drainage Fee: $ 275.00
d. Power Cost: $ 75.00 per street light
e. Map Checking Fees: N/A
f. Park Fees: N/A
The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposed herein may be modified at the time of recordation of a
final map or issuance of a building permit in the event of said change or changes, the fees
changed at that time will reflect the then current fee schedule.
8. BEST MANAGEMENT PRACTICES:
Utilize Best Management Practices (BMP's), as required by the State Water Resources Control
Board, for construction activity which disturbs soil. BMP plans shall be included in your
grading and street improvement plans.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of this
Resolution conform to generally accepted engineering practices.
Bert Viskovich, City Engineer
PASSED AND ADOPTED this 26th day of October, 1998, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Harris, and Mahoney
NOES: COMMISSIONERS: Stevens and Chairwoman Austin
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Robert S. Cowan Donna Austin, Chairwoman
Director of Community Development Cupertino Planning Commission