PC Reso 1541 12-Z-76
RESOLUTION NO. 1541 '
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
® RECOMMENDING THE APPROVAL OF A CHANGE OF ZONE FOR
APPROXIMATELY .75 ACRE FROM CG (GENERAL COMMERCIAL)
TO P (PLANNED DEVELOPMENT WITH RESIDENTIAL, DUPLEX
USE INTENDED) .
APPLICANT: Kenneth P. Elvin, A.I.A.
ADDRESS: 999 Commercial St. , Palo Alto, California 94036
SUBMITTED: May 10, 1976
LOCATION: Foothill Blvd. and Silver Oak Way at the southerly terminus of
Silver Oak Way
ACREAGE: .75 acre
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conflict with the
special conditions enumerated herein. In the event a conflict does
exist, the special conditions as enumerated herein shall apply.
15. That the approval is based on Exhibit A, 12-Z--76, as may be amended
by conditions contained herein.
16. That the applicant shall retain an acoustical consultant to analyze
the noise impact upon the subject parcel and recommend mitigating
® measures which will ensure compliance with the Department of Housing
and .Urban Development noise standards. This report and the recommended
techniques shall'be'presented to the Architectural and Site Approval
Committee for approval.
17. The building envelope. for Lot B as shown on Exhibit A of 14-TM-76
shall be shifted westerly 15 ft. Additionally, the easterly property
line of Lot B shall be shifted to the west approximately 20 ft. to
incorporate the landscape area and oak tree into the area for Lot C.
18. The applicant shall provide an 8 ft. high acoustical sound wall along
the northerly property line adjacent to the existing Arco Service
Station and along the easterly property line adjacent to Foothill Blvd.
19. The two oak trees noted to be saved on Exhibit A of 14-TM-76 shall be
preserved during and after construction. The applicant shall provide
the staff with the proposed techniques to ensure their preservation,
at the building permit stage. The remaining oak tree shall be reviewed
• at the use permit stage to consider an alternative pattern of develop-
ment to save said tree.
20. The fire turn-around area located on Lot C shall be suitably marked to
ensure that no parking is permitted.
21. The applicant shall provide separate sanitary sewer laterals to the
satisfaction of the Cupertino Sanitary District standards.
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City of Cupertino
California
RESOLUTION OF. THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND- •
ING THE GRANTING OF A ZONE CHANGE
WHEREAS the attached application has been submitted to the City of
Cupertino requesting a change of zone in the zoning regulations of the
City, as stated on Page 2; and
WHEREAS- the Planning Commission has held at least one public hearing
in regard to the application on the date as noted on said application;
and
WHEREAS the Planning Commission has duly considered and heard all
evidence submitted in regard to said application; and
WHEREAS the necessary public notices have been given as required by
the Zoning Ordinance of the City of Cupertino;
NOW, THEREFORE, BE IT RESOLVED:
That the Planning Commission finds that the proposed zone change:
a) Encourages the most appropriate use of land,
b) Conserves and stabilizes the value of property,
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c) Provides for adequate open spaces for light and air,
d) Permits adequate control of fires,
e) Promotes the health, safety and public welfare,
f) Provides for the orderly development of the City,
g) Is advantageous to the property and improvements in the zoning
district and neighborhood in which the property is located.
That said Planning Commission, therefore, reports favorably to the City
Council in the matter of granting said zone change.
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12-Z-76
Resolution No. 1541 (continued)
® 22. The applicant shall install the initial planting and irrigation
system for the landscaping on the easterly property line, to the
satisfaction of the Architectural and Site Approval Committee and
Public Works staff. The City will assume the responsibility for
maintenance of this area.
23. The Architectural and Site Approval Committee shall have the ability
to meander the sound wall on the easterly property line to achieve
a more interesting design standard along this portion of Foothill
Blvd. The applicant shall record a public service easement incor-
porating that area outside the east side of the wall prior to 1
recordation of the final map.
PASSED AND ADOPTED this 14th day of June, 1976, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES; Commissioners Cooper, Gatto, Woodward, Chairman Adams
NAYS : None
ABSTAIN: None
ABSENT: Commissioner Koenitzer
® APPROVED;
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Victor J. ems,. Chairman
Planning Commission
ATTEST:
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ames H. Sisk
Planning Director
III
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