Reso 6422 U-2006-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6422
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT AND AN ARCHITECTURAL AND SITE APPROVAL TO
CONSTRUCT A NEW TWO-STORY 2,131 SQUARE FOOT RESIDENCE WITH FIVE FOOT
SIDE YARD SETBACKS IN A PLANNED RESIDENTIAL ZONING DISTRICT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an applicatian for a
Use Permit and an Architectural and Site Approval,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 Conunission 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; and
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 Use Permit is hereby approved, 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. U-2006-10 and
ASA-2006-18 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.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2006-10,ASA-2006-18
Applicant: Richard Haro
Location: 10130 Santa Clara Avenue
Resolution 6422 U-2006-10 October 10, 2006
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Emilio Francisco, 10130 Santa Clara Avenue,
Cupertino,CA;' consisting of 8 pages dated August 24, 2006, except as may be amended
by the Conditions contained in this Resolution.
2. SECOND FLOOR WALL OFFSET
The plans shall be revised to reflect a minimum 1-foot wall offset at the master bedroom
on the second floor perimeter walls.
3. PRIVACY SCREENING
A detailed privacy screening plan shall be submitted to the City for review and
approval prior to issuance of building permits. The required screen trees or shrubs shall
be recorded on the property as covenant to be preserved and maintained.
4. NOTICE OF FEES,DEDICATIONS, RESERVATIONS OR OTHER EXACTIOIVS
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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
PASSED AND ADOPTED this 10th 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,Vice Chair Giefer,Saadati
Wong,Chien
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
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Steve Piasecki Marty Miller, h�ir
Director of Community Development Planning Comm�ssion