Reso 6688 U-2012-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6688
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW A NEW 206 SQ FT SECOND STORY ADDITION TO AN
EXISTING SINGLE STORY RESIDENCE IN A R1-6i ZONING DISTRICT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Perxnit,
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 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 accordance with the Cupertino
Comprehensive General Plan and the purpose of the Conditional Use Permits Chapter of the
Cupertino Municipal Code.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for a 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-2012-03 as set forth in the
Minutes of the Planning Commission Meeting of April 10, 2012, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits prepared by Michael Ryan Architecture & Design dated
March 19, 2012, and titled "Deshmukh Residence, 7494 Shadowhill Lane, Cupertino, CA 95014"
consisting of 16 pages numbered, "A0.1, A0.2, A0.3, A1.0, A2.0, A2.1, A2.2, A4.0, A4.1, A5.0, A10.0,
A10.1, A10.2, B1, B2, B3" submitted by the applicant, except as may be amended by the Conditions
contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct a new 206 square foot second story addition to an existing residence.
Resolution No. 6688 U-2012-03 Apri110,2012
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. RM-2012-04 shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building plans.
5. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage, any
relevant easements and/or construction records. Any misrepresentation of any property data may
invalidate this approval and may require additional review.
6. ATTIC SPACE COVENANT
The property owner shall record a covenant on this property to inform future property owners of the
restrictions upon the use of the attic space. The precise language will be subject to approval by the
Director of Community Development. Proof of recordation must be submitted to the Community
Development Department prior to final occupancy of the residence.
7. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits. If existing tree(s) is used for privacy screening, a letter from a certified
arborist shall be submitted confirming that the tree(s) is in good condition and is appropriate privacy
protection in any season.
8. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property owners of the
privacy protection measures and tree protection requirements consistent with the R-1 Ordinance, for
all windows with views into neighboring yards and a sill height that is 5 feet or less from the second
story finished floor. The precise language will be subject to approval by the Director of Community
Development. Proof of recordation must be submitted to the Community Development Department
prior to final occupancy of the residence.
9. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color, material,
architectural treatments and/or embellishments) shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits. The final building exterior plan shall
closely resemble the details shown on the original approved plans. Any exterior changes determined
to be substantial by the Director of Community Development shall require a minor modification
approval with neighborhood input.
10. 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 constiiute 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. 6688 U-2012-03 Apri110,2012
PASSED AND ADOPTED this 10th day of Apri12012, at a Regular Meeting of the Planning Commission
of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Vice Chair Sun, Brophy, Lee, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: RO ED:
�' ': ' %
�
Ga,��h Mar ' e , Chair
Ci�'1'`l�ner Planning 'ssion
G:`Plannirig�PDREPORT�RES�2012�U-2012-03 res.doc