Reso 6791 ` ;� M-2015-01
CITY OF CUPERTINO
� 10300 Torre Avenue �
Cupertino, California 95014:
, RESOLUTION NO. 6791 _
OF THE PLANNING COMIVIISSION OF THE CITY:OF CUPERTINO .
APPROVING A MODIFICATION TO A PREVIOUSLY APPROVED USE PERNlIT(U-1981-02)--
TO AMEND A COIVDITION OF APPROVAL,WHICH REQUIRED TWO LOTS
(LOTS 4'AlVD 11)'TO BE RESTRICTED TO'SINGLE STORY STRLTCTURES WITHIN
A PLANNED bEVELOP-MENT;TO ALLOW A TWO=STORY ADDITION ON`LOT'11
LOCATED AT"22643 WOODRIDGE COURT
SECTION I: PROTECT DESCRIPTION � : .,
�.. ,. _ , ,
Application No.: 1VI 2015-01 .
Applicant: Shen-I Chiou(Chen residence)
Location: ` 22643 Woodridge Court - `
� SECTION�IL• .FINDINGS FOR 1VIODIFICATION .
. WHEREAS, the Pla�uli�lg Commission of the City of Cupertino received an application for a
� Modification of a Use Pexmit, as described in Section I of this Resolution; and- 1 ��
VVHEREAS, the necessa�y piablic notices hav"e been'given in accordarice with the Procedtiral
J \ Ordinance of the City of Cupertino, and t11e Pla�.inuig Cornmission has held one or more public
� hearings on tYus matter; and
,
, ; ,:. ., ;.
WHEREAS, the project is categorically exempt from the California Environmental Quality Act
' (CEQA)� and : ` ,;
TNHEREAS, tl=ie 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 locafi.on, will not be detrirnental or injurious to property
,
- or improvements in t11e vicinity, and wi]]. `riot be`detrunental�to`the public health, safety, '
general welfare, or convenience; ' `
The modifieation of the previously approved to allow for_the proposed p.roject will not.result in a
'condition that is detrimental or injurious to property iinprovements in the vicinity, and will not be
` detrimental to the public health,�safety, general welfare;and convenience as the project is compatiable
with the surrounding xesidential uses of the neighborliood. The proposed`project is harmonious in
'scale and design with the adjacent homes and the_,general neighborhood.
2) The proposed use will be Iocated and conducted in a manner in accord with the Cupertino
� \' Comprehensive General Plan and Cupe'riino Zoning Ordinance and the purpose of thi"s title.
Resolution No. 6791 M-2015-01 November 24,2015
Page-2-
The proposed use complies with the Cupertino Comprehensive General Plan and Municipal Code �
requirements.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof,:
The application for a Modification of a Use Permit, Application no. M-2015-01 is hereby
approved, 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. M-
2015-01 as set forth in the Minutes of Planning Commission Meeting of November 24, 2015, and
are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received October 29, 2015 consisting of
eight (8) sheets labeled A0, A0.1, A0.2, A1.0, A2.0, A2.1, A3.1, and A3.2 drawn by Shen-I
Chiou;except as may be amended by conditions in this resolution.
2. ACCURACY OF PROjECT 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.
3. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from Resolution No. 2183 shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval, including the conditions
contained herein in this resolution.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA-2015-20 shall be applicable to this
approval.
5. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first
page of the building plans.
6. USE LIMITATION
This approval modifies Condition 21 of Resolution No. 2183 to read: "The buildings located
on Lots 2, 7, 10 and 14 will provide a rear roof line treatment_to minimize privacy intrusion 4
. . ' � .,t_.,: .:;� } � � .
Resolution No.6791 IVI-2015-01 November 24,2015;
Page-3- :,
� into the adjoining rear yards located to the north. The building on Lot 4 shall be one-story in
height." ` '
7. FLOOR AREA �
The floor area of all struciures on the property located at 22643 Woodridge Court shall not
exceed 3,3q6,square.feet.
_ 8. EXPIRATION
This permit shall be deemed expired and a new use perinit application must be applied for
and obtained, if within two years, property owners have nof vested the project in building
permits.
9. : CONSULTATION WITH OTHER DEPARTIVIENTS
` The applicant is:responsible to consult with other departments and/or agencies with regard :
to the proposed project for additional conditions and requirements.._Any misrepreseritation
..
, ,
of any submiited "data rnay invalidate an approval -by the Community Development
Department.
10. INDEMNIFICATION
Except as otherwise prohibited by law; the applicant shall indemnify and hold harinless the '
City, its City Council, and its officers, employees and agenfs (collectively; the "indeinilified
parties") from and against any claim, action, or proceedirig brought by a third party against
�� one or more of the indein�lified parties or one or more of the indeinnified parties and the
applicanf to attack,set aside, or void this Resolution or any permit or approval authorized
hereby for the project, including (without limitatiori) reimbursing the City its actual
attoineys':fees and costs incurred in defense of the litigation. The applicant shall pay such
attorneys'_ fees and costs within 30 days following receipt of invoices from ,Gity. Such �
attorneys' fees and costs shall inelude amounts paid to counsel not otherwise employed as
,
City staff and shall include City Attorney time and overhead costs and other City staff
overhead costs and any costs directly related to the,litigation reasonably incurred by City.
11. 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 Govexnment
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 furfher notified that the 90-day approval period in which you may protest
these fees dedications reservations and other exactions, ursuant to Government Code
� � � p
I�
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.6791 M-2015-01 November 24,2015
Page-4-
PASSED AND ADOPTED this 24th day of November 2015, at the Regular Meeting of the �
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Chair Lee, Vice Chair Takahashi, Gong,Paulsen
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
� � `
Piu Ghosh Winnie Lee, Cha'
Principal Planner Planning Commission
�
�