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Reso 273 C ITY 0F CUPERTI'N_4 City Hall, 10321 South Saratoga-Sunnyvale Road Cup�rtino, CaJ_iforn�_a �3501� Telephon� (�+08; 252-�505 ,- � RESOLUTION OF THE PLANNTNG COMMISSION Or TH'� CITY OF CUPERTINO RECOM- Ni�NDING Th� GRANTING OI' A VARIAI�?C.r , WHEREAS, the Planning Commission of the City of Cupertino received an application for a VARl'ANCE, as st;ated on page two; and WHEREAS, the applicant has met the burden of proof reauired to support his said application; and WHEREAS, the application sho��s: 1. That there are special conditions or exceptional characteris- tics in the nature of the property to be affected, or that it's loca- tion, or it's surroundings are such as will permit the Commission to make a determination that a literal enforcem�nt of the Ordinance would result in practical diff iculties or unnecessary hardships; and 2. That the granting of the application is necessary for the preservation and en�oyment of substantial pr�oper'cy rights; and � 3. That the hearings show that the granting of the application v+Till not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property v�Thich is the sub�ect of the applicati�n, and that the use of s�id property in the manner which it is proposed to be used wil:l not be materially d.etri- mental to the public welfare or injurious to the value of property or improvements located in said surroundings; NOW, THEREPORE, BE IT RESOLVED: That after careful consideration of maps, f acts, exhibits and other eviclence submitted in this matter, the ai�plication for the VARIANCE be, an�. the same is, hereby recommended for approval to the City Council of the City of Cupertino for appropriate action, subject to the conditions stated on �age tU�o; and BE IT FURTHER RESOLVED: That the aforementioned findings are �pproved and adopted, and that the Secretary be, and is hereby, directed to notify the parties affected by th3s decision. (continued on page 2) -1- File No.: 13-v-65 RESOLUTION N0. 273 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTTNO RECOMMENDING THE GRANTING OF A VARIANCE for front yards, street width, etc., in "De Anza Verdes rr . APPLICANT: CPM Developers �� ADDRESS: 20065 Stevens Creek Blvd., Cupertino, Calif. SUBMITTED: Ma.y 26 1965 � LOCATION: East end of Riverside Drive, ad�oining Deep Cliff Golf Course. ZONE: R-1 AREA: �+.76 acres (continued from Page 1) � CONDITIONS AND FURTHER FINDINGS: 1-12. Standard Conditions (Exhibit B) 13. That the De�velopment Plan, as presented by the Planning Director (Exhibit C during the meeting of the Planning Commission on May 2�, 1g65 be followed. l�a The loop street shall be one-way. . 14b Curb parking will not be allowed on the inner side of the loop street l�+c No parking in other driveways than those of the car owner or the host of a visitor. l�d Visitors only, not residents, in 22 curb parking spaces. l�e ONE WAY signs, N� PARKING signs, PARKING signs, and pos- sibly 15 MPH signs to be erected by the developer, as d�rected by the Planning Director, after consultations with the Director of Public Works. 15 No trees, except those within areas showed as dedicated street, building envelopes, or driveways on the Develop- ment Plan, to be removed without permission of the � Plannin� Director. - 16 Buildings shall not exceed two (2) stories in height above street level. 17 All utilities shall be underground � 18 That two corrected and accurate sets of the Development � Plan (Exhibit C), the Tentative Map (9-TM and a. map showing the location of existing trees, the latter map in the same scale as the Development Plan, be given to the Planning Director�as soon as possible. 19 Procedures for chan�es in the Development Plan after this Variance has been granted: In the event that the applicant shall desire to make ar�y change, alteration or amendment in the approved Develop- ment Plan after they had been approved by the City Council as a conditi.on to a Variance, a written request and a re- vised Development Plan shall be submitted to the Plannin� Director. � -2- r '..°� ..-� Ffle No.: 13-V�65 (continued from page 2j If the number vf dwelling units is not increased, and the - Planning Director makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or ad�oining the Development Area, the Planning Director may certify the change on the revised plan. If such approval is with- held, the applicant may appeal to the Planning Commission. If changes are material, but the requirements in the Zoning Ordinance and previously imposed conditions are still adhered to, and the number of dwelling units is not in- creased, the Planning Director shall submit the change to the Planning Commission. If the change is denied by the Commission, the applicant may appeal to the City Council, as provided in Ordinance 002(a) of the City of Cupertino. A change in the Development Plan including change of re-� • quirement 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 1�Fth day of June, 1965 at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Frolich, Hirshon, Gates NAYS: None ABSTAINING: Commissioner Traeumer ABSENT: Commissioner Johnson APPROVED: Jack Gates Chairman, Planning Commission ATTES T : ��� ���.��� Adde Laurin Director of Planning -3-