Reso 6433 & 6434 U-2006-12, ASA-2006-21
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6433 &6434
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 5,208 SQUARE FOOT RESIDENCE WITH A REDUED
REAR YARD SETBACK IN A PLANNED RESIDENTIAL ZONING DISTRICT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application 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 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 propased 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 enumerate�i in this Resolution beginning on Page 2 thereof; and
T'hat 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-2006-12 and
ASA-2006-21 as set forth in the Minutes of the Planning Conlmission Meeting of December 12,
2006, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2006-12, ASA-2006-21
Applicant: George Adzich
Location: 21891 Granada Avenue
Resolution No. 6433 & 6434 U-2006-12 � December 12, 2006
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Mr. & Mrs. George Adzich, Cupertino, CA;'
consisting of 6 pages dated October 16, 2006 along with the tree key map and tentative
map submitted at the hearing, except as may be amended by the Conditions contained
in this Resolution.
2. TREE PRESERVATION
Options relatin_g to Tree #2
• The applicant shall work with staff and the City Arborist to determine the final
location and size of the third car garage/shop to ensure the survival of tree #2.
• Any portion of the driveway located within the 18 foot zone shall be paved with
porous material over geo-grids to allow water to permeate and minimum amount of
soil disturbance.
• Tree #2 must be cabled and pruned by a certified tree expert prior to the final
occupancy of the home (this also applies to tree#3).
Options relating to Trees #7-8
• All drainage, trenching and grading activities must not occur within 3 feet of the
easterly property line.
The final tree protection, garage, drainage and grading plans shall be reviewed and
approved by the City Arborist prior to issuance of building permits. In addition,a bond
in the amount of $20,000 shall be provided to the City in the interest of preserving Oak
trees #2 and #3 during the duration of the project.
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 unless waivers
are obtained which releases this requirement.
4. 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. 6433 & 6434 U-2006-12 December 12, 2006
Page 3
PASSED AND ADOPTED this 12th day of December 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
ATTEST APPROVED: �
� C_
Stev iasecki Mar r,Chair
Director of Community Development Planning ommission