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Reso 5062 9-U-99 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 5062 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO , APPROVING A USE PERMIT TO CONSTRUCT NEW ENTRY FEATURES IN TF-IC REQUIRED FRONT SETBACK AT AN EXISTING DUPLEX ( SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Usc � Permit, as described in Section II. of this Resolution; and IWHEREAS, 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 Ihearings 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, �eneral ► 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; 3) The proposed use, at the proposed location, will not create a demand for parking that will bc � detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submittc;d 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 That the subconclusions upon which the findings and conditions specitied in this resolution arc based and contained in the public hearing record concerning Application No. 9-U-99 as set 1-orth in the Minutes of the Planning Commission of August 9, 1999 and are incorporated by ret-erence; as thaugh fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 9-U-99 Applicant: Kamran Gharaati Location: 10093 and 10095 Alhambra.Avenue Resolution No. 5062 9-U-99 Au�;ust 9, 1999 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUN[TY DEVELOPMI:;N'I' DEPT. 1. APPROVED EXHIBITS Approval is based on the Exhibit D, Site Plan and Exhibit E; Elevations except as may bc amended by conditions contained in this resolution. 2. ROOF MATERIAL The subject use permit requires the installation of roof tinish materials (tiles or shin�lcs) thal , match the exiting roof finish material. 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER CXACTIONS The Conditions of Project Approval set forth herein may include certain 1-ees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government C'c�dc Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount uf such fees, and a description of the dedications, reservations, and other exactions. You are hcreby 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 bc�;un. I I� you fail to file protest within this 90-day period complying with all of the requirc;ments c�l� Section 66020, you will be legally barred from later challenging such exactions. � PASSED AND ADOPTED this 9th day of August, 1999, at a Regular Meetin� of the Plannin�, Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: � NOES: COMMISSIONERS: � ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: � Robert S. Cowan David Doyle, hairn n Director of Community Development Cupertino Plannin� Commission g:/pdreport/res/9u99res