Reso 4973 8-U-94 (Minor Amendment)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4973
' OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A USE PERMIT TO ALLOW A
DIRECTOR'S MINOR MODIFICATION WITH REFERR.AL TO PLANNING COMMISSION TO
INSTALL AN ELECTRICAL GATE AT AN APARTMENT ENTRANCE.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit Modification, 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) The proposed gate, at the proposed location, with a requirement for an open gate during weekday
rush hour, will not be detrimental to the public health, safety, general welfare;
2) The proposed gate, is consistent in design with the existing entry gate along Homestead Road.
3) The project is consistent with the proposed General Plan and fence ordinance amendments.
4) The project is adjacent to I-280 and provides an opportunity for crime.
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, 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 8-U-94 (Minor Amendment.) set
forth in the Minutes of the Planning Commission Meeting of October 26, 1998, and are incorporated
by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 8-U-94(Minor Amendment)
Applicant: Citation Homes Central
Property Owner: PSS Ventures, LLC.
Location: DeAnza Blvd. & Via Paviso
Resolution No. 4973 8-U-94 (Minor Amendment) October 26, 1998
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
� 1. APPROVED EXHIBITS
The recommendation of approval is based on the Isaacson, Wood & Associates entry gate plan
dated March 24, 1998, except as may be amended by the conditions contained in this Resolution.
2. BUILDING MATERIALS & PAINT
The gate materials and colors shall match the existing gate along Homestead Road.
3. LANDSCAPING
The gate location is on an existing tree in the center aisle. The gate shall either be relocated behind
the tree or the tree relocated behind the gate. If the tree is to be relocated, a letter from an
internationally certified arborist is required to confirm that the tree can be relocated and the
methods for relocation. If the tree cannot be relocated a similar tree in size and type shall be planted
behind the gate. Shrubbery is required to be planted to hide the four gate operators.
4. DE ANZA BOULEVARD GATE
The DeAnza Boulevard gate shall be open from 6:30 to 9:30 A.M. and 3:30 to 6:30 P.M., Monday
through Friday.
5. EFFECTIVE DATE OF APPROVAL
This application shall be deemed approved upon the effective date of approval of 2-GPA-98 and
amendments to the Chapter 16.28, the fence ordinance.
PASSED AND ADOPTED this 26th day of October, 1998, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Harris, Mahoney, Stevens and Chairwoman Austin
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Robert S. Cowan Donna Austin, airwoman
Director of Community Development Cupertino Planning Commission
g/planning/reso/8-U-94 (mod)