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U-1983-24b0(c 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 (Ii FAX (408) 777.3333 CLip (:,1`t1I10 mmuniquevelopm June 23, 1998 Shelley Nguyen 10021 Carmona Court Cupertino, CA 95014 SUBJECT: PLANNING COMMISSION ACTION LETTER - Application 24-U-83(M) This letter confirms the decision of the Planning Commission, given at the meeting of June 22, 1998, approving a Director's referral of a minor modification to a use permit for a 362 sq. ft, addition to a single family residence in a planned development in accordance with Chapter 19.132 of the Cupertino Municipal Code according to the enclosed copy of Planning Commission Resolution No. 4938. Please be aware that an appeal of this decision can be made within 14 calendar days of the decision. If this occurs, you will be notified of a public hearing which will be scheduled before the City Council. \mcerely, �v Michele Bjunnan Community Development Department Enclosures Resolution No. 4938 g1planning/post hearing/action letter 24ug3m Pnnree on aen aen Pape, .. � 24-U-83 RESOLUTION No. 2491 (Minute Order) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION OF THE SITE PLAN FOR USE PERMIT APPLICATION 24-U-64 The approved site plan revision is labeled "Exhibit A -1 (Modification of Setbacks for Lots 1 and 2)". The modificat!cn is approved contingent upon changing the north side yard setback dimension for Lot 1 from Z f t. to S ft. PASSED AND ADOPTED this 14th day of March, 1484, at a meeting of the Planning Commission of the City of Cupertino. State of California, by the following roll call viite:# AYES: Commissioners Claudy, Szabo, Chairper.5an Blaine NAYS: None,` AB9TAIN: Commissioner �KoRni,txer ABSENT: Comm<sa>loner, a s T � ��lb •. t ; i �,�� y ATTFRT' - APPROVED• /s/ James H. Sisk -- James H. Sisk Planning Director s{ ti 7.1 Ib Sharon_Blaina__ _--------- Sharon Blaine, Chairperson Planning Commission i. 24-U-8- RESOLUTION NO. 2427 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT SIX SINGLE-FAMILY DWELLINGS IN A P (PLANNED DEVELOPMENT WITH RESIDENTIAL 4.4 - 12 DWELLING UNITS PER GROSS ACRE INTENT) ZONE. APPLICANT: Manta Vista Properties (Terry grown) ADDRESS 1_1884 Stevens Creek Boulevard, Cupertino, California 95014 SUBMITTED: July 1, 198z; LOCATION: North side of Granada Avenue, approximately 200 ft. west of Orange Avenue FINDINGS AND SUBCONCLUSIONS: Approval is recommended subject to the findings as set forth an Page 1 and subconclusions as set forth in the minutes of the Planning Commission meeting of August 10, 199U. CONDITIONS: 1-14. Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. IS. The approval is based upon E.chibits A. B, and C of Application 24-U-673 as may be modified by additional conditions contained herein. 16. All applicable subsections of Sections 15.5 and 1:;.6 of the RIC Ordinance (Ordinance No. 664) regarding street improvement requirements and covenants shall apply to the subject development. 17. Prior to issuance of construction permits, the developer shall record an appropriate easement providing for use of the internal private roadway as a fire access and emergency vehicle turn -around corridor. Form and content of said easement document shall be reviewed by staff prior to recording. IS. All lots with Granada Avenue frontage shall be developed in a manner that establishes the frontages as a front yard with pedestrian walkways, landscaping and fence heights consistent with normal single-family subdivision front yard requirements and appearance. Front yard setbacks shall be as established by the approved development plan. 14. The developer shall install plumbing chases to facilitate installation of future solar systems. The installation of said system is optional. Planning Commission Resolution No. 24777 (continued) Z4-U-65 20. Modification of the Aoprovgd Dev_olgoment Plan or_a_9u_lding_ Permi t In the event that the applicant or subsequent property owner shall desire to make any minor changealteration or amendment in the approved development plan or building permit, a written request and revised development or building permit shall be submitted to the Director of Planning and Development. If the Director of Planning and Development makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or adjoining the development area, the Director of Planning and Development may certify the change an the revised plan. If such approval is withheld, the applicant may appeal to the Planning Commission. If the changes are material, the Director of Planning and Development shall submit the chance to the Planning Commission for approval. If the change is denied by the Planning Commission, the applicant may appeal to the City Council as provided in Ordinance No. 632' of the City of Cupertino. If the chance is approved, an appeal may be made by an interested party. Further, any member of the City Council may request a hearing before the City Council, said request to be made within ten (10) days from date of approval - when the change has been approved by the Plannning Commission. =l. Area Wide Imorovements The applicant/property owners agree to participate in his proportionate share of major off -site street improvements of a local or communitywide nature as identified in the General Plan. Said agreement shall include but not be limited to the following methods of fulfilling said obligation to participate. 1. Funded directly. 2. Funded through an assessment district. 7. Payment of construction tax in effect at the time of occupancy. 4. Any other method deemed appropriate by the City Council. Planning Commission Resclutian No. =427 (continued) Z4-U-SC PASSED AND ADOPTED this loth day of August, 14eZ. at a regular ad;ourned meeting of the Planning Commission of the Cit/ of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Blaine, Claudy, Koenit=er, Szabo, and Chairman Adams NAYS: None ABSTAIN: None ASSENT: None ATTEST: /sl James S. Sisk James H. Sisk Planning Director , 4 APPROVED: Victor J. Adams. Chairman Planning Commission 24-U-83 (M) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO.4938 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A DIRECTOR'S REFERRAL OF A MINOR MODIFICATION TO A USE PERMIT FOR A 362 SQ. FT. ADDITION TO A SINGLE FAMILY RESIDENCE IN A PLANNED DEVELOPMENT IN ACCORDANCE WITH CHAPTER 19.132 OF THE CUPERTINO MUNICIPAL CODE SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 1 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WFIEREAS, the Planning Commission finds that the application meets the following requirements: a) That the use is in conformance with the General Plan of the City of Cupertino, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to accommodate the proposed use. c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) That 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 recommended 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 24-U-83(M) as set forth in the Minutes of the Planning Commission Meeting of June 22, 1998, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 24-U-83(M) Applicant: Shelley Nguyen Property Owner: Shelley Nguyen Location: 10021 Carmona Ct. Resolution No. 4898 1-U-98 March 9, 1998 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on plans 1, 2 & 3 drawn by James D. Baldwin dated May 21, 1998. PASSED AND ADOPTED this 22nd day of June, 1998, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Robert S. Cowan Director of Community Development g/p I -n i n g/rcs/re s 24 a 83 m APPROVED: Donna Austin, Chairwoman Cupertino Planning Commission 24-U-8- RESOLUTION NO. 2427 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT SIX SINGLE-FAMILY DWELLINGS IN A P (PLANNED DEVELOPMENT WITH RESIDENTIAL 4.4 - 12 DWELLING UNITS PER GROSS ACRE INTENT) ZONE. APPLICANT: Manta Vista Properties (Terry grown) ADDRESS 1_1884 Stevens Creek Boulevard, Cupertino, California 95014 SUBMITTED: July 1, 198z; LOCATION: North side of Granada Avenue, approximately 200 ft. west of Orange Avenue FINDINGS AND SUBCONCLUSIONS: Approval is recommended subject to the findings as set forth an Page 1 and subconclusions as set forth in the minutes of the Planning Commission meeting of August 10, 199U. CONDITIONS: 1-14. Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. IS. The approval is based upon E.chibits A. B, and C of Application 24-U-673 as may be modified by additional conditions contained herein. 16. All applicable subsections of Sections 15.5 and 1:;.6 of the RIC Ordinance (Ordinance No. 664) regarding street improvement requirements and covenants shall apply to the subject development. 17. Prior to issuance of construction permits, the developer shall record an appropriate easement providing for use of the internal private roadway as a fire access and emergency vehicle turn -around corridor. Form and content of said easement document shall be reviewed by staff prior to recording. IS. All lots with Granada Avenue frontage shall be developed in a manner that establishes the frontages as a front yard with pedestrian walkways, landscaping and fence heights consistent with normal single-family subdivision front yard requirements and appearance. Front yard setbacks shall be as established by the approved development plan. 14. The developer shall install plumbing chases to facilitate installation of future solar systems. The installation of said system is optional. Planning Commission Resolution No. 24777 (continued) Z4-U-65 20. Modification of the Aoprovgd Dev_olgoment Plan or_a_9u_lding_ Permi t In the event that the applicant or subsequent property owner shall desire to make any minor changealteration or amendment in the approved development plan or building permit, a written request and revised development or building permit shall be submitted to the Director of Planning and Development. If the Director of Planning and Development makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or adjoining the development area, the Director of Planning and Development may certify the change an the revised plan. If such approval is withheld, the applicant may appeal to the Planning Commission. If the changes are material, the Director of Planning and Development shall submit the chance to the Planning Commission for approval. If the change is denied by the Planning Commission, the applicant may appeal to the City Council as provided in Ordinance No. 632' of the City of Cupertino. If the chance is approved, an appeal may be made by an interested party. Further, any member of the City Council may request a hearing before the City Council, said request to be made within ten (10) days from date of approval - when the change has been approved by the Plannning Commission. =l. Area Wide Imorovements The applicant/property owners agree to participate in his proportionate share of major off -site street improvements of a local or communitywide nature as identified in the General Plan. Said agreement shall include but not be limited to the following methods of fulfilling said obligation to participate. 1. Funded directly. 2. Funded through an assessment district. 7. Payment of construction tax in effect at the time of occupancy. 4. Any other method deemed appropriate by the City Council. Planning Commission Resclutian No. =427 (continued) Z4-U-SC PASSED AND ADOPTED this loth day of August, 14eZ. at a regular ad;ourned meeting of the Planning Commission of the Cit/ of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Blaine, Claudy, Koenit=er, Szabo, and Chairman Adams NAYS: None ABSTAIN: None ASSENT: None ATTEST: /sl James S. Sisk James H. Sisk Planning Director , 4 APPROVED: Victor J. Adams. Chairman Planning Commission