Reso 247 �
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City Hall, 10321 South Saratoga-Sunri�Tva.le Uoad
Cupertin�, CG�_if�i�nza G501�
Tele?�izo�.V : (!;0�; �52-�-��5
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RESOLUTION� OF THE PLANNING COMrrI�SI0�1 OF TfL CITY OF CUPERTINO RECOM-
Ni�NDING THE GRANTING OF P. VARIANC�.
WHEREAS, the Planning Cornmissyon o� tr.e City of Cupei^tino
received an application for a VARIAn10E, as stated on page two; and
WHEREAS, the applicant has met �he burden of proof reauired to
support his said application; and
; WHEREAS, the application shov��s: �
l. That there are special eonditi�ns or exceptional characteris- -
� tics in the nature of the praperty to be affected, or tha� it's loca-
; tion, or it's surroundin�s are such as will permit the Commission to
make a determination that a literal enforcement of the Ordinance would
result in practical difficulties or unnecessary hardships; and
2. That the granting of the apblication is r.ecessary for the
preservation and enjoy:nent oi substantial proper�ty rights, and
� ^ 3. That the hearines show that t1:e granting of the upplication
c�uill not materially affect adversel�,T the health or safet,y of persons
residing or working in the neip�hborhood o� tne pro�erty tr,7hich is the
; subject of the application, and that the use of said property in the
i manner which it is proposed to be used will not be materially detri-
mental to the public weliaLe or injurious to the value of property or
improvements located in said surroundings;
NOW, THEREFORE, BE IT RESOLV�D:
That after careful cor,s�ueration of maps, facts, exhibits and
other evidence submitted in thi� matter, tne a for the
, VARIANCE be, and the same is, hereby recommended for approval to the
City Council of the City of Cupertino for ��pronriate action, subject
' to the conditions stated on pade t�VTOy and
BE IT FURTHER RESOLVED:
That the aforementioned findings are approved Gnd adopted, and
that the Secretary be, and is hereby, directed to notify the parties
affected by this decision.
(continued on page 2)
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�'" File No.: 2- v-65
RESOLUTION N0. 2�7 ,
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOi�ll�NDING THE
GRANTING OF A VARIArdCE to a11ow a single f amily cluster c.evelopment
in an R-1 zone without increase in densit�r.
APPLICANT: CPM Developers
ADDRESS: 10376 Tonita Way, Cupertino, California
SUBI�iITTED: January 11 1g65 �
LOCATIO�T: Wes� end �f Riversicle Drive (Deep Cliff)
ZONE: R-1 AREA: 4�.76 acres
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(con�inuecl fr�m Page 1)
CONDITIONS AND FURTHER FINDINGS:
1- 12 Standard Conditions (Exhibit B)
13 Dedication of public streets shoUm on Tentative Map (Tm-1
14 That suitable easements be provided, subject to the satisfaction
of the Director of Public Works and the Ci'cy Planner, for all
� water and sewer ins�allati�ns and other public utilities; and
that a 15 ft. wide easement be provided for access to "Lands
of Western Title Guaranty Co.," as shown on the Tentative Map,
� to be ma�.ntained as long as needed.
� 15 That the Development P1an, as presented by the City Planner
(Exhibits C and D) during the meet:tng of the Planning Corimission
on March 8 1965 be foll.ov�ed.
16a The loop street shall be one-way.
16b Any additional parking necessary in the future to be provided
with3.n the Development Area by the Homeowners' Association.
16c Curb parking will not be allowed on the inner side of the
loop street.
16d No parking in other c�rivevaays than those of the car owner or
� � the host oi a visitor.
16e Visitors only, �ot residents, in 22 curb pGrkin� spaces.
16f ONE WAY signs, NO PARKING signs, PARKING signs, ancl possibly
15 MPH signs to be erected by the developer, as directed by the
City and Traffic Planner, after c�nsultati�ns with the Director
of Public works. �
17 No trees, except those within areas showed as dedicated street,
building envelopes, or driveways on the Development Plan, to be
removed without permission of the City Planner. '
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1£3 Buildings shall not exceed two (2) stories in heigh'c.
l9 All utilities sha].1 be under�;round.
20 That Covenants, Conditions and Restrictions be formulated
and adopted to the satisfaction of the City Attorn�y and the
City Planner.
21 That two corrected unc�. accurate sets of the Development Plan
(Exhibits C and D), tize Tent:�tive Map (1-TM-65) and a map
showing the location o�' existin� trees, the latter map in the
same scale as the Development Plan, be �iven to the City
Planner as soon as po�sible.
22 Procedures for changes in the Development Plan after this
Variance has been granted:
In the event that the al�plicant shall desire to mal�e any
ch�nge, alteration or amendment in the approved Development
Plan or Covena.lts after they have be�n ap by the City
Council as a condition to a Variance, a written request and a
revised Development Plan shall be submitted to the City Planner,
IF the nurnber of dwellin� units is not increased, �nd the CitST
Planner makes a findinb tha� the chan�es are mi�zor and do not
: affect the general ap�earance of the area �r the interests of
ovaners of properts� within or adjoining the Development Area, the
City Planner may certify the cha.nge on the revisecl p�an. If such
I approval is v�ithheld, the applicant may appeal to the Planning
Commission.
If chan�es are material, but the requirements in the Zoning
Ordinance and previously imposed c�nditions are still adhered
to, ancl the number �f dUrelling units is not increased, the
Cit�r Planner shall submit the change to the Planning Commission.
If the change is deniec� b;� the C�mmission, the upplicant may
appeal to the City Council, as provided in Ordin�nce 002(a) of the
City of Cuper�ino.
A change in the Develoi�r�ent Plan includin� chan�e of require-
ment or conditions, or an increase of the number of dwelling
units, shall be processed as a zone change or as a new Variance.
PASSED AND ADOPTED this 8th duJ of Ma 1g65 at a regular meeting of
the Planning Commission of the City of Cupertino, State of Calif�z°nia,
by the following roll call vote:
AYES: Commissioners Frolich, Hirshon, Johnson, Small, Gates
NpES: None
ABSENT: Commissioner Traeumer
ATTEST: APPROVED:
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Adde Laurin, City & Traffic Planner Jack Gates, Chair�u�.n
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Plannin� Commission
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