Reso 421825-U-89
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RESOLYrION NO. 4218
OF THE PLANNING OCHMSSION OF 711E CITY OF CUPERPINO
APPROVING A USE PERMrr FOR RIDUCIION OF
REAR SEI'BAC K DISPANCE 10 ACCO M "%TE
A SOLAR DESIGN ADDITION TO AN EXISPING RESIDENCE
SECnON I• FINDINGS
MOZEA.S, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant has met the burden of proof required to support
said application.; and
WHEREAS, the Planning Commission finds that the application meets the
requirements of Section 13 of Ordinanoe 1449 which allows variation in
setback standatrds to encourage solar design, the following findings
apply:
a) The use conforms to General Plan Polcy 2-42 and is not detrimental
to the solar access opportunities currently enjoyed by adjoining
residents.
b) 'Ihe proposed solarium does not exacerbate the current setback of the
deck
c) The solarium serves a unique function to the residence which is
supported by General Plan policy, and must maintain a southeasterly
exposure to work properly.
d) The existing distance between the subject home and neighboring unit
is unusually large.
e) The proposed use is otherwise not detrimental to the health, safety,
peace, morals and general welfare of persons residing or working in
the neighborhood of such proposed uses, nor injurious to property
and improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby reeemmended for approval, 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 25-U-89 as set forth in the Minutes of the Planning
Commission Meeting of November 13, 1989, and are incorporated by reference
as though fully set forth herein.
Resolution No. 4218 (25-U-89) November 13, 1989
Page -2-
SE2VION II• PRC17Wr DNPA
Application No(s): 25-U-89
Applicant: Alexander Choi
Property Owner: Alexander and China Choi
Location: 10366 Hersey Creek Place
MD -NOUS
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I. APPROVED IDQIIBITS
The approval is based sheets 1 through 3 of 25-U-89, except as may be
amended by the Conditions contained in this Resolution.
2. USE LWTATION
The subject use permit authorizes reduction of the rear setback to 19
ft. 6 in. as depicted on the appriaved exhibits, and is expressly
granted for purposes of converting an existing deck to a solarium.
Said solarium area may not be converted in the future to a
conventional, enclosed structure without formal setback variance
approval by the Planning Commission.
PASSED AND ADOPTED this 13th day of November, 1989 at a Regular Meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: COMMISSIONERS: Sorensen, Szabo, Chairman Adams
NOES: COMMISSIONERS: Mackenzie
ABSTAIN: OC MhiI S S I ONERS :
ABSENP: COMUSSIONERS: Claudy
/s/ Robert Cowan
Robert Cowan
Director of Community Development
resos\rso5u89
/s/ Victor Adams
Victor Adams, Chairman
Cupertino Planning Commission