Reso 4502 32-U-85 (Modified)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4502
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT MODIFICATION TO CONSTRUCT A SOUND AND VISUAL
MITIGATION BARRIER
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
modification, as described on Page 1 of this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the proposed sound barrier adjacent to unit 9 as described in Exhibit 1 of 4 dated October 28,
1993 and the earth berm as described in the grading plan dated February 4, 1994 are in conformance
with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses
specifically permitted in the zone in which the proposed use is to be located.
b) That the property involved is adequate in size and shape to accommodate the proposed use.
c) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general
welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, e�chibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby recommended for approval, 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 32-U-85 (Modified) as set forth in the
Minutes of the Planning Commission Meeting of February 14, 1994, and are incorporated by reference
though fully set forth herein.
� SECTION II: PROJECT DESCRIPTION
Application No.: 32-U-85 (Modified)
Applicant: Rancho San Antonio Ret. Housing
Property Owner: Rancho San Antonio Ret. Housing
Location: Terminus of Cristo Rey Drive
Resolution No. 4502 32-U-85 (Modification) February 14, 1994
Page -2-
SECTION III• CONDITIONS ADMINISTERED BY THE COMIVIUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
The recommendation of approval is based on grading plan, dated February 4, 1994, Photo-montage
as submitted for the February 14, 1994 Planning Commission meeting, sheet 1 of 4 dated October 28,
1993, and sheets L-1 and L-2 dated December 22, 1993, except as may be amended by the conditions
enumerated herein.
2. APPROVED SOUNDNISUAL BARRIER:
The earth berm detailed in the grading plan dated February 4, 1994, is approved. The sound wall
adjacent to Unit 9 is not approved as part of this Resolution. The applicant shall submit a detailed
plan of the wall including a landscaping concept. The plan shall be placed on the Consent Calendar
for Planning Commission review.
3. LANDSCAPE PLAN:
The precise landscaping plan shall be approved by staff in accordance with the Xeriscape Ordinance.
PASSED AND ADOPTED this 14th day of February, 1994, at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Doyle, Harris, Roberts and Chairman Mahoney
NOES: COMMISSIONERS: None
� ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROV�ED: �.�
! �� ��/
I �' ;;,..�
Robert S. Cowan Orrin Mahoney, C airman
Director of Community Development Cupertino Planning Commission
�
g:/mm/peresos/32u85 m