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Reso 6107 22-U-67(M) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6107 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT MODIFICATION TO ALLOW THE CONVERSION OF A 730 SQUARE FOOT SOCIAL ROOM TO TWO RESIDENTIAL GUEST UNITS AT AN EXISTING 517 UNIT APARTMENT COMPLEX. SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices hav� 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; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, e�ibits, testimony and other evidence submitted in this matter, the application for a Modification to 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. 22-U-67(M) as set forth in the Minutes of the Planning Commission of September 10, 2001 and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 22-U-67(M) Applicant: Kevin Weinmann (Avery Construction) Location: 10100 Mary Avenue Resolution No. 6107 22-U-67(M) September 10, 2001 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled "Guest Unit Alterations" dated July 23, 2001 except as may be amended by the Conditions contained in this Resolution. 2. GUEST LJNIT ACCESSIBILITY The project shall conform to Chapter 11A of the 1998 California Building Code to the satisfaction of the Chief Building Official. 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 amount of such fees, and a description of the dedications, reservations, and other exactions. You are i 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. PASSED AND ADOPTED this lOth day of September 2001, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Corr, Patnoe, Chen, Auerbach and Chairperson Kwok NOES: AB STAIN: ABSENT: ATTEST• APPROVED: � Steve Piasecki Pa rick Kwok, Chairperson Director of Community Development Cupertino Planning Commission g: /plann ing/pdreport/res/res22- U-67(M). doc