Reso 1512-EXC-99
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 15
OF THE DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT APPROVING AN
EXCEPTION TO SECOND STORY, NORTH -FACING WINDOW ALIGNMENT REQUIREMENT
IN ACCORDANCE WITH CHAPTER 19.28.080 OF THE CUPERTINO MUNICIPAL CODE
SECTION I: FINDINGS
WHEREAS, the Director of Community Development of the City of Cupertino received an application
for a Use Perinit 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
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and
intent of this chapter.
2) The proposed development will not be injurious to property or improvements in the area
nor be detrimental to the public safety, health and welfare.
3) The proposed development is otherwise consistent with the City's General Plan, any applicable
specific plan, and with the purposes of this 1chapter.
4) The adjoining properties are otherwise protected from unreasonable privacy impacts.
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 approved, subject to the conditions which are
enumerated in this Resolution beginning on page 2 thereof, and
That the subconclusons upon which the findings and conditions specified'' in this resolution are based
and contained, in the public hearing record concerning Application 12-EXC-99 set forth in the Minutes
of the Director's' Public. Hearing ,of November 17, 1999, and are incorporated by reference as though
fully set forth herein.
Resolution No. 15 12-EXC-99 November 17, 1999
Page 2
SECTION II: PROJECT DESCRIPTION
Application No.: 12-EXC-99
Applicant: Chia-Hsin Tang
Location: 10231 Mira Vista Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY. DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets Al-A6., except as may be amended by the conditions contained in this
resolution.
2. ADDITIONAL PRIVACY PROTECTION
An awning shall be installed that covers at least two feet of the subject window as measured from
the top of the window. The plum tree shall be replaced with an evergreen tree, in accordance with
Chapter 19.26 of the Cupertino Municipal Code.'
3. 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 constitute written notice of.a statement of the ainount 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 a protest within this 907day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 17" day of November, 1999, at a Director's Public Hearing.
APPROVED:
Robert S. Cowan
Director of Community Development
g/planning/pdrep ort/res/ 12exc99