Reso 6421 RM-2006-22
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6421
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING AN APPEAL OF A RESIDENTIAL DESIGN REVIEW APPROVAL FOR
A MINOR RESIDENTIAL PERMIT FOR A TWELVE FOOR SIX INCH REAR YARD
SETBACK FOR THE SINGLE STORY PORTION OF A NEW, TWO STORY RESIDENCE
LOCATED AT 10535 CYPRESS COURT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a referral of a
Director's Minor Modification 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 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, general 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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for RM-2006-22 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 specified in this resolution
are based and contained in the public hearing record concerning Application No. RM-2006-22
as set forth in the Minutes of the Planning Commission Meeting of October 10, 2006 and are
incorporated by reference as though fully set forth herein.
Resolution No. 6421 RM-2006-22 October 10, 2006
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: RM-2006-22
Applicant: Kevin Chiang (Lai residence)
Location: 10535 Cypress Court
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is based on a plan set entitled, "New Liao residence, 10535 Cypress
Court, Cupertino CA" consisting of two sheets dated received March 9, 2006 except as
may be amended by conditions in this resolution.
2. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property
owners of the privacy protection measures and tree protection requirements. The
precise language will be subject to approval by the Director of Community
Development. Proof of recordation must be submitted to the Community
Development Department prior to final occupancy of the residence.
3. PRIVACY PROTECTION PLAN
If existing trees are being proposed to serve as privacy screening, the City Arborist
must confirm that the existing trees are appropriate for screening purposes in terms of
specie, size and health. The deemed appropriate, the existing trees will be recorded
on the property as protected trees along with the new privacy trees.
4. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
5. 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.
Resolution No. 6421 RM-2006-22 October 10, 2006
Page 3
PASSED AND ADOPTED this 10� day of October 2006, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: � COMMISSIONERS: Chairperson Miller, Saadati, Wong, Chien
NOES: COMMISSIONERS: Vice Chair Giefer
ABSTAIN: COMMISSIONERS: none
ABSENT• COMMISSIONERS: none
ATTES : A RC�V D• `
�._
,
Steve Piasec i Mar i er, Chair
Director of Community Development Planning ommission
g:/planning/pdreport/res/RM-2006-22