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PC Reso 1564r • 14-U-76 RESOLUTION NO.. 1564 OF THE PLANNING COMMISSION. OF THE- CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 410 54 SINGLE-FAMILY HOMES IN A PLANNED. DEVELOPMENT ZONING DISTRICT • APPLICANT: B.A.S. Homes, Inc.. ADDRESS: 10050 No. Wolfe Rd.-, Cupertino, California 95014 SUBMITTED: July 1, 1976 • . LOCATION: Easterly and adjacent to No. De Anza Blvd. beginning approximately 475 f t. southerly of the intersection with Marian Ave. and situated just northerly of the future Lazaneo Drive.extension to De Anza Blvd.. ZONE: P. (Planned Development with single-family, residential use intent) • • CONDITIONS AND FURTHER FINDINGS: 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 this approval is based on Exhibit A and H except as modified by special conditions contained herein. 16. That. the applicant shall submit a detailed noise study by a recognized • acoustical engineer discussing the particular problems associated with noise-from North De Anza Blvd. Said noise report shall-be 'reviewed by the staff at the. building permit stage to ensure that the acoustical properties of the sound wall and building materials conform with the Dept. of Housing and Urban Development standards. 17. Removal of any specimen trees located within the project shall be subject to staff- approval.. To ensure that the trees are not damaged or destroyed during or•after construction, the developer shall submit a plan detailing: the technique to be used to ensure preservation of the designated. specimen trees. The developer shall be required to enclose the drip line of the trees with_ a suitable barrier to be approved by staff: 18. Roof overhangs shall be: no closer than three- (3) feet to any property line. - 19.. The development.does not utilize the full 16 (sixteen) trips per acre allotted by the traffic intensity performance. standard. The owner shall have the ability to retain, sell, or transfer the unused addi- tional trips with other property owners within the North De Anza Blvd. area on the east or west side north of Stevens Creek Blvd. and south of Freeway 280. All sales or transfer of trips shall be filed with the Planning Director and City Clerk. No 'sale or transfer shall be finally consummated until the use permit on which the trip ends are to be used • has been formally approved by the City Council of the City of Cupertino. -2- I CITY OF CUPERTINO City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 • RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND- ING APPROVAL OF A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a USE PERMIT, as stated on Page 2; and pI WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS,. the Planning Commission finds that the application meets the following requirements: a. Encourages the most appropriate use of land, b. Conserves and stabilizes theivalue of property, 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, and g. Is advantageous to the property and improvements in the zoning district and neighborhood iniwhich the property is located; NOW, THEREFORE, BE IT RESOLVED: I , That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application of the USE PERMIT is hereby recommended for approval, subject to the conditions stated on Page 2; and BE IT FURTHER RESOLVED: That the aforementioned findings be approved and adopted, and that the Secretary be, and is hereby directed to notify the parties affected by this decision. (Continued on Page 2) 411 -1- 14-U-76 Resolution No. 1564 (.continued). A total of 192 trips are allocated, to the 12-acre development area 110 of which 40.5 will be utilized by the 54-home development. A total of 151.5 trips can be retained, sold, or transferred to other property owners within the North De Anza Blvd. Planning Area. 20. The minimum distance between buildings directly across the street from one another shall be ninety (90) feet. The minimum setback for a garage shall be twenty (20) feet from the property line with a minimum setback of fifteen (15) feet from the property line for other portions of the building, except for lots with no sidewalk where the front - setback may be reduced to fifteen (15) feet. PASSED AND ADOPTED this 26th day of July, 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 Koenitzer, Woodward, Chairman Adams NAYS: None ABSTAIN: None - - ABSENT: Commissioners Cooper, Gatto APPROVED: 110 /s/ Victor J. Adams Victor J. Adams, Chairman Planning Commission ATTEST: Robert Cowan Assistant Planning Director • -3-