Reso 4782 18-U-96
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4782
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF USE PERMIT TO CONSTRUCT
5 SINGLE FAMILY DETACHED RESIDENCES ON A.66 ACRE PARCEL
IN A PLANNED DEVELOPMENT ZONE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described on Section II. of this Resolution; and
WHEREAS, the necessary 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) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
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 by the Planning Commission of the City of
Cupertino.
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application No. 18-U-96 set forth in the
Minutes of the Planning Commission Meeting of November 25, 1996 and are incorporated by
reference though fully set forth herein.
Resolution No. 4782 18-U-96 November 25, 1996
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SECTION II: PROJECT DESCRIPTION
Application No.: 18-U-96
Applicant: Chalet Woods, Inc.
Property Owner: Charles & Palm Grantham
Location: 1187 Gardenside Lane
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Sheets A1 and A2 dated 11/15/96, except as may be
amended by the conditions in this resolution.
2. MIX OF PLAN TYPES
No two plan types shall be located beside each other facing the same street.
3. SECOND STORY WINDOWS
All second story windows which face adjoining rear yards shall be 6 feet high at the lower sill and be
of obscured glass.
4. TREE PROTECTION
Trees to be retained and protected during construction are: three walnut trees, one oak, two
persimmons, one eucalyptus and the south row of eucalyptus. The oak and south row of eucalyptus are
to be protected for the life of the trees, and may be removed only in accordance with Chapter 14.18 of
the Cupertino Municipal Code, except that the row of eucalyptus may be thinned based upon a report
from a certified international arborist and reviewed by staf£ A bond in the amount of $20,000 is
required for protection of the oak and row of eucalyptus. An internationally certified arborist shall be
retained to supervise tree protection. The arborist shall submit two reports to staff assuring that: 1)
tree protection devices are adequate prior to issuance of a grading permit; 2) trees were adequately
protected during construction prior to issuance of final occupancy permits. The bond may be released
upon staff review of the final arborist report.
5. COMPLIANCE WITH SINGLE FAMILY REGULATIONS
Modifications to the approved plans are allowed if in compliance with the single family residential
zoning district and the accessory structure ordinances.
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Resolution No. 4782 18-U-96 November 25, 1996
Page-3-
PASSED AND ADOPTED this 25th day of November 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, Mahoney and Chairman Roberts
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle and Harris
ATTEST: APPROVED:
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Robert S. Cowan Paul Roberts, Chairman
Director of Community Development Cupertino Planning Commission
g/pdreport/r18u96
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