Reso 6472 V-2007-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6472
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A VARIANCE FROM THE REAR YARD R3 (APARTMENT)
REQUIREMENTS
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an application
for a Variance, 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 at least one
Public Hearing on this matter; and
WHEREAS, the applicant has meet the burden of proof required to support the application,
and has satisfied the following criteria:
1) That there are extraordinary or exceptional circumstances or conditions applicable to
the property involved that do not apply generally to properties in the same district;
' 2) That granting of the Variance is necessary for the preservation and enjoyment of
substantial property rights of the applicant, and to prevent unreasonable property loss
or unnecessary hardship; and
3) That granting the Variance will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health, safety,
and general welfare, or convenience, and to secure the purpose of the title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, testimony, exhibits and other evidence
submitted in this matter, the application for Variance is hereby approved by the Planning
Commission of the City of Cupertino; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this Resolution are based are
contained in the public hearing record concerning Application V-2007-02, as set forth in the
Minutes of the Planning Commission Meeting of June 26 2007, and are incorporated by
reference as though fully set forth herein.
Resolution No. 6472 V-2007-02 June 12, 2007
Page -2-
SECTION II: PROTECT DESCRIPTION
Application No.: V-2007-02
Applicant: Michael Ducote
Location: 20800 Homestead Road
SECTION III: CONDITIONS OF APPROVAL
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
through Al2, L-1 and L-2, except as amended by the Conditions contained in this
Resolution.
2. VARIANCE
Approval is granted for a variance to allow a 20-foot rear yard setback in accordance
with the approved exhibits.
PASSED AND ADOPTED this 26th day of June 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: Chairperson Giefer, Vice Chair Chien, Miller
Wong, Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Steve Piasecki /s/Lisa Giefer
Steve Piasecki Lisa Geifer, Chair
Director of Community Development Cupertino Planning Commission