Reso 6456 R-2006-62
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6456
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
RESIDENTIAL DESIGN REVIEW FOR A NEW, TWO-STORY 2,693 SQUARE FOOT
RESIDENCE.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2006-62
Applicant: Ray Chen
Location: 7453 Stanford Place
SECTION II: FINDINGS
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 project is consistent with the Cupertino General Plan, and applicable specific
plans, zoning ordinance and the purposes of this title;
2. The granting of the special permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare;
3. The proposed home is harmonious in scale and design with the general neighborhood;
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application 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 R-2006-62 set
forth in the Minutes of the Planning Commission meeting of, April 24, 2007, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6452 R-2006-62 Apri124, 2007
Page 2
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROIECT
The proposed two-story house is approved, based on the conceptual plans entitled
"Residential New Home for Mr. and Mrs. Lin, 7453 Stanford Place, Cupertino, CA 95014"
last updated on December 19, 2006, as amended by this resolution.
2. PRIVACY PROTECTION
The project is required to submit a final privacy protection planting plan consistent with
the R1 privacy protection ordinance. The row of required evergreen screening trees or
shrubs along the rear property line (minimum 12 feet tall at the time of planting) shall be
planted approximately 12 feet away from the property line in order to stay clear of the
over-head PG&E wire clearance easement. The required privacy screening trees or shrubs
shall be recorded on the property as a covenant to be preserved and maintained. Said
covenant shall be recorded prior to issuance of final building occupancy.
3. REVISIONS SECOND STORY WINDOWS ON THE REAR ELEVATION
A covenant shall be recorded on the property that requires a Director's Minor
Modification approval (with neighborhood notification) on any proposed changes to the
2nd story windows along the rear and side elevations.
4. APPROVAL EXPIRATION
Unless a building permit is filed and accepted by the City (fees paid and control number
issued) within one year of the Two Story Permit approval (by April 24, 2008), said
approval shall become null and void unless a longer time period was specifically
prescribed by the conditions of approval. In the event that the building permit expires for
any reason, the Two-Story Permit shall become �null and void. The Director of
Community Development may grant an one-year extension, without a public notice, if an
application for a Minor Modification to the Two-Story Permit is filed before the expiration
date and substantive justification for the extension is provided.
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. 6452 R-2006-62 Apri124, 2007
Page 3
PASSED AND ADOPTED this 24th day of April 2007, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Chien, Miller, Kaneda
NOES: COMMISSIONERS: Chairperson Giefer, Wong
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none ,
ATTEST. � APPROVE . !
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Stev iasec i � is Gi er C ' p rson
Director of Community Development Planning Commission