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Reso 6471 EXG2007-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO. 6471 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A PARKING EXCEPTION FROM 2 SPACES PER UNIT TO 1.76 SPACES PER UNIT SECTION I: PROTECT DESCRIPTION Application No.: EXC-2007-06 Applicant: Michael Ducote Location: 20800 Homestead Road SECTION II: FINDINGS WHEREAS, the Plannulg Commission of the City of Cupertino received an application for an exception to the Parking Regulations (Chapter 19.100 of the Cupertino Municipal Code), as described in this Resolution; and WHEREAS, the Planning Commission finds the following with regards to this application: a� That the literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this title; b) That the granting of the exception will not be injurious to property or improvements in the area nor be detrimental to the pubic safety,health and welfare; and c) That the exception to be granted is one that will require the least modification and the minimum variance to accomplish this purpose; and d) That the proposed exception will not result in significant impacts to neighboring properties. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps,facts, exhibits, testimony and other evidence submitted in this matter, the exception to the parking regulations is hereby approved subject to the conditions which are enumerated in this Resolution; and SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set titled "Villa Serra Apartments" stamp dated received on June 19, 2007, consisting of 23 pages labeled A0, C1.0 through C2.5, A1 Resolution No. 6471 EXC-2007-06 June 12,2007 Page 2 through Al2, L-1 and L-2, except as amended by the Conditions contained in this Resolution. 2. PARKING EXCEPTION A parking exception is granted to allow the project to provide a total of 889 parking spaces on site, half of which must be covered, and resulting in 1.76 parking spaces per unit, in conjunction with the approval of a parking exception (EXC-2007-06) and in accordance with the approved plans. 3. 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. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application EXC-2007-06, as set forth in the Minutes of the Planning Commission Meeting of June 26, 2007 and are incorporated by reference herein. PASSED AND ADOPTED this 26th day of June 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Giefer,Vice Chair Chien, Miller,Kaneda NOES: COMMISSIONERS: Wong ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS:none ATTEST: APPROVED: Js/Steve Piasecki /s/Lisa Giefer Steve Piasecki Lisa Giefer,Chair Director of Community Development P1aruling Commission