103-2. Use Permit Resolution.pdf
U-2011-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT TO ALLOW FOUR, TWO-STORY, SINGLE-FAMILY DWELLINGS IN
A PLANNED RESIDENTIAL ZONING DISTRICT P(RES) ON THE SOUTH SIDE OF THE CLEO
AVENUE TERMINUS (APN 362-31-004)
SECTION I: PROJECT DESCRIPTION
Application No.: U-2011-05
Applicant: Chris Weaver (for Habitat for Humanity Silicon Valley)
Property Owner: City of Cupertino
Location: Cleo Avenue terminus (APN 362-31-004)
SECTION II: FINDINGS FOR USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a)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;
b)The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the City’s zoning ordinances.
c)The proposed project is categorically exempt from the California Environmental Quality Act and
the National Environmental Policy Act.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, 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 Use Permit, Application no. U-2011-05 is hereby recommended for approval, 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 U-2011-05 as set forth in the
Minutes of Planning Commission Meeting of June 14, 2011, and are incorporated by reference as though
fully set forth herein.
Resolution No.U-2011-05 June 14, 2011
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1.APPROVED EXHIBITS
This approval is based on Exhibits titled: “CLEO AVENUE/Cupertino, California” dated May 18,
2011 consisting of 9 sheets labeled: Architectural Site Plan, Plan 1 (Floor Plan), Plan 1 Exterior
Elevations, Plan 1 Alt (Floor Plan), Plan 1 Alt Exterior Elevations, Plan 2 (Floor Plan), Plan 2 Exterior
Elevations, L-1, and GreenPoint Rated Checklist: Single Family, prepared by KTGY Group, Inc.,
except as may be amended by conditions in this resolution.
2.USE PERMITAPPROVAL
Approval is granted for four two-story, single-family detached residences in a residential planned
development zoning district, P(RES).
3.DEVELOPMENT ALLOCATION
The City shall deduct four residential dwelling units from the General Plan residential development
allocation (Neighborhood - Other Areas) for this development.
4.CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA-2011-06, EXC-2011-06, and TM-2011-01 shall be
applicable to this approval.
5.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 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 14th day of June 2011, 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: APPROVED:
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development Cupertino Planning Commission
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