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Reso 4644 10-U-95 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4644 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO LOCATE A REPLACEMENT WATER TANK ON REGNART CANYON ROAD 1N AN RHS ZONING DISTRICT SECTION I: FINDIN � WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II. 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 applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. That the use or uses 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. 2. That the property is adequate in size and shape to accommodate the proposed use. 3. That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. 4. 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. 5. That the proposed structures are reasonably compatible in scale with the residential neighborhood. 6. That the proposed use reinforces the predominantly low-intensity setting of the community. 7. That the proposed structures maintain a balance between development and preservation of the natural hillside setting. 8. That the colors and materials of the structures are compatible with the surrounding natural setting. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, 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 10-U-95 set forth in the Minutes of the Planning Commission Meeting of September 11, 1995, and are incorporated by reference though fully set forth herein. Resolution No. 4644 (10-U-95) September 11, 1995 Page-2- SECTION II: PROJE T DE CRIPTION Application No.: 10-U-95 Applicant: San Jose Water Company Property Owner: Janet M. De Carli Location: 11640 Regnart Canyon Road SECTION III: CONDITION ADMINI TE FD BY THE COMM ITY DEVELOPM NT DEPT 1. APPROVED EXHIBITS The approval is base on E�ibits titled: "Regnart Canyon Station Tank Replacement - 1995 in the City of Cupertino, Calif." with various dates and consisting of six sheets as follows: Cover Sheet dated 4/10/95, Site Plan dated 5/22/95, Pump House and Electrical dated 4/12/95, Drainage Course Path undated, Sheet L-1 dated 8/18/93, Sheet L-2 dated 9/16/93, except as may be amended by conditions contained in this resolution. 2. SEISMIC INVESTIGATION STRUCTURAL EVAT ATION GEOTECHNICAL PLAN REVIEW Prior to building permit approval, the applicant shall comply with the recommendations listed in William Cotton and Associates letter dated 8/31/95 regarding the Regnart Water Tank. PASSED AND ADOPTED this l lth day of September, 1995, 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, Harris, Mahoney, Roberts and Chairman Doyle NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: . � --� � ` -� � - 1 Robert S. Cowan David Doyle, Chairman Director of Community Development Cupertino Planning Commission g/planning/res 10u95