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M-2015-01b City of Cupertino , ,, 10300 Torre Avenue Cupertino,CA 95014 (408) 777-3308 ������'�� FAX (408) 777-3333 Community Development Department November 25, 2015 Oj anan&Chiou Architects Attn: Shen Chiou 1920 Sutter St#210 San Francisco; Ca. 94109 SUBJECT: PLANNING COMMISSION ACTION LETTER—M-2015-01, ASA-2015-20 This letter confirms the decision of the Planning Commission, given at the meeting of November 24, 2015, approving a Modification to a previously approved Use Permit (U-1981-02) to amend the conditions of approval, which required two lots (Lots 4 and 11) to be restricted to single story structures within a Planned Development, to allow a two-story addition on Lot 11; and an Architectural and Site approval to allow a 530 square foot second story addition to an existing single family residence located in a Planned Development Zone, located at 22643 Woodridge Court, according to Plannulg Commission Resolution No.(s) 6791 and 6792. Please be aware that if this Pexmit is not used within a two-year period, it shall expire on November 24, 2017. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of the decision. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, Ellen Yau `���/ Assistant Planner City of Cupertino Enclosures:Resolution 6791 and 6792 CC:Szu-Ning Chen,22643 Woodridge Ct,Cupertino Ca 95014 g:/planning/post l�earing/actionletterm-2015-01,ASA-2015-20 `� � � - M-2015-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6791 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION TO A PREVIOUSLY APPROVED USE PERMIT(U-1981-02) TO AMEND A CONDITION OF APPROVAL,WHICH REQUIRED TWO LOTS (LOTS 4 AND 11)TO BE RESTRICTED TO SINGLE STORY STRUCTURES WITHIN A PLANNED DEVELOPMENT, TO ALLOW A TWO-STORY ADDITION ON LOT 11 LOCATED AT 22643 WOODRIDGE COURT SECTION I: PROLECT DESCRIPTION Application No.: M-2015-01 Applicant: Shen-I Chiou(Chen residence) � Location: 22643 Woodridge Court SECTION II: FINDINGS FOR MODIFICATION WHEREAS, the Planning Commission of the City of Cupertino received an application for a Modification of a Use.Permit, as described in Section I of this Resolution; and WHEREAS, the necessary public notices have 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 project is categorically exempt from the California Environmental Quality Act (CEQA); 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; The modification of the previously approved to allow for the proposed project will not result in a condition that is detrimental or injurious to property improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, and convenience as the project is compatiable with the surrounding residential uses of the neighborhood. The proposed project is harmonious in , scale and design with the adjacent homes and the general neighborhood. 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and Cupertino Zoning Ordinance and the purpose of this title. Resolution No.6791 M-2015-01 November 24,2015 Page-2- � , The proposed use complies with the Cupertino Comprehensive General Plan and Municipal Code requirements. NOW,THEREFORE,BE IT RESOLVED: � That after careful consideration of maps, facts, e�chibits, 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 Modification of a Use Permit, Application no. M-2015-01 is hereby approved, and that the subconclusions upon which the findings and conditions specifieci in this Resolution are based and contained in the Public Hearing record concerning Application no. M- 2015-01 as set forth in the Minutes of Planning Commission Meeting of November 24, 2015, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUIVITY DEVELOPMENT DEPT. , 1. APPROVED EXHIBITS Approval recommendation is based on the plan set received October 29, 2015 consisting of eight (8) sheets labeled A0, A0.1, A0.2, A1.0, A2.0, A2.1, A3.1, and A3.2 drawn by Shen-I Chiou; except as may be amended by conditions in this resolution. . 2. ACCURACY OF PROTECT PLANS , The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. PREVIOUS CONDITIONS OF APPROVAL . All previous conditions of approval from Resolution No. 2183 shall remain in effect unless superseded by or in conflict with subsequent conditions of approval, including the conditions contained herein in this resolution. 4. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. ASA-2015-20 shall be applicable to this approval. 5. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 6. USE LIMITATION This approval modifies Condition 21 of Resolution No. 2183 to read: "The buildings located on Lots 2, 7, 10 and 14 will provide a rear roof line treatment to minimi7e privacy intrusion �'� � � Resolution No. 6791 M-2015-01 November 24,2015 Page-3- into the adjoining rear yards located to the north. The building on Lot 4 shall be one-story in height." _ 7. FLOOR AREA T'he floor area of all structures on the property located at 22643 Woodridge Court shall not exceed 3,306 square feet. 8. EXPIRATION , This permit shall be deemed expired and a new use permit application must be applied for and obtained, if within two years, property owners have not vested the project in building permits. 9. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 10. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The applicant shall pay such attorneys' fees and costs within 30 days following receipt of inv,oices from City. Such � attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City.. 11. 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. ��� ����, Resolution No. 6791 M-2015-01 November 24,2015 Page-4- PASSED AND ADOPTED this 24th day of November 2015, at the Regular Meeting of the Planriing Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Lee,Vice Chair Takahashi, Gong,Paulsen NOES: COMMISSIONERS:none ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS: Sun AT°TEST: APPROVED: /slPiu Ghosh /s/Winnie Lee Piu Ghosh Winnie Lee, Chair Principal Planner P1annulg Commission _ �-.� � � or 11 ona . n orma 1 on . , ee 1 e _ _