Reso 4673 14-U-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4673
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 7 RESIDENTIAL UNITS
ON A.7 ACRE PARCEL IN A PLANNED DEVELOPMENT ZONE ON PENINSULA AV
SECTION I: FINDINGS
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 the 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 involved 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.
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 approved; and
That the subconclusions upon which the findings specified in this Resolution are based and contained
in the Public Hearing record concerning Application 14-U-95 as set forth in the Minutes of the
Planning Commission Meeting of December 11, 1995 and January 22, 1996, and are incorporated by
reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 14-U-95
Applicant: Peninsula 7
Properiy Owner: Same
Location: Peninsula Avenue
Resolution No. 4673 14-U-95 January 22, 1996
Page -2-
SF.C'TION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVEI,OPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Conceptual Site Plan dated 12/26/95 (Sheet 1),
Conceptual Elevations dated 12/26/95 (Sheet 2) and Conceptual Elevations dated 1/12/96 (Sheets
3,4,and 4A), except as may be amended by the Conditions contained in this Resolution. The side
and rear elevation of the residence on lot #1 is revised as shown in the Elevation dated 1/19/96.
2. ARCHITECTURAL AND SITE APPROVAL
A masonry wall shall be provided on the project's mutual boundary with commercially zoned
' or used property and along Stevens Creek Boulevard. Said wall shall be at least six feet in
height as measured from highest adjoining grade. The masonry wall shall be reduced in height
along the front yards of the residences in compliance with the City's fence regulations and
Public Works Department Standards. The design, including height, form and materials/colors
shall be reviewed by the Planning Commission in an architectural and site approval (ASA)
application. Low maintenance landscaping and irrigation shall be installed along the wall
section facing Stevens Creek Boulevard. The landscaping plan shall be reviewed by the
Planning Commission as an ASA application. The intent of this condition is to approve an
aesthetically pleasing streetscape on Stevens Creek Boulevazd and provide privacy for the
future residents of lot # 1.
3, VF.NTiT.ATTnN FnR RF,�TI�FNCE ON LOT #1
The residence on Lot # 1 sha11 be provided with air conditioning in accordance with the
recommendations outlined in the Illingworth & Rodkin, Inc. Noise Study dated 10/25/95.
Windows of the house planned for Lot #1 exposed to Stevens Creek Boulevard traffic noise
shall be double pane.
4. ASA APPROVAL OF PENINSULA AVENUE STREETSCAPE FOR LOT #7
The yard fencing and planting plan for the area of lot 7located north of the driveway apron
shall be reviewed by the Planning Commission as an ASA application. The intent is to provide
private yazd space for the resident and an attractive streetscape for Peninsula Avenue.
PASSED AND ADOPTED this 22nd day of January, 1996, 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, Mahoney and Chair Roberts
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
AT ST: APPR D:
�
Robert S. Cowan Paul Roberts, Chairman
Director of Community Development Planning Commission