Reso 2183 2-U-81
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RESOLUTION NO. 2183
OF THE PLANNING COMMISSION OF THE CITY
OF CUPERTINO RECOMMENDING APPROVAL OF
A USE PERMIT TO CONSTRUCT 37 SINGLE-FAMILY
HOMES.
APPLICANT: 540 El Camino, Ltd.
ADDRESS: 655 Skyway, Suite 220, San Carlos, California 94070 ,
SUBMITTED: January 23, 1981
LOCATION: Northeast corner of Voss Avenue and Lockwood Drive
FINDINGS AND SUBCONCLUSIONS:
Approval is recommended subject to the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the Planning Commission meeting
of March 9, 1981.
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 enumerated herein shall apply.
15. The approval is based upon Exhibit A 2nd Revision of Application 2-U-81
as may be amended by additional conditions contained herein.
-1111 16. The building shall be set back as indicated by the dashed'line on the
approved site plan with the following added provisions:
a. Sideyard setbacks shall equal a minimum of 5 ft. from property line,
while corner lots shall accommodate 12 feet.
b. Second-story elements shall be setback a minimum of 25 ft. in the
rear with the exception of lots 33 and 34 where a minimum of 10 ft. is
required. In cases where a variation from these setbacks is required
the standards contained in the Cupertino R1 Zoning Ordinance shall
take precedence subject to the review and interpretion of the Director
of Planning and Development.
17. Modification of the Approved Development Plan or a Building Permit .
In the event that the applicant or subsequent homeowner shall desire to
make any minor change, alteration or amendment in the approved development
plan or building permit, a written request and revised development plan
or building permit shall be submitted to the Director of Planning and
Development. If the Director of Planning and Development makes a finding
that the changes are minor and do not affect the general appearance of the
area or the interests of owners of property within or adjoining the development
area, the Director of Planning and Development may certify the change on
the revised plan. If such approval is withheld, the applicant may appeal to
the Planning Commission. If the changes are material, the Director of
le
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CITY1.41
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
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. That the use or uses are in conformance with the general plan
and is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located.
b. That the property involved is adequate in size and shape to
accommodate the proposed use.
c. That the proposed use will not generate a level of traffic
over and beyond that of the capacity of the existing street 411.
system.
d. 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 use
nor injurious to property and improvements in the neighbor-
hood.
NOW, THEREFORE, BE IT RESOLVED:
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.
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Planning Commission Resolution No. 2183 (continued) 2-U-81
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Planning and Development shall submit the change to the Planning
Commission for approval. I.f the changeis denied by the Planning
Commission, the applicant may appeal to the City Council as provided
in Ordinance 652 of the City of Cupertino. If the change is approved,
an appeal may be made by any interested party. Further, any member of
the City Council may request a hearing before the Council, said request
to be made within ten (10) days from date of approval - when the change
has been approved by the Planning Commission.
18. The subject proposal shall not require Architectural and Site Committee
approval.
19. The cost of full street improvements of the perimeter park road shall
be borne by the developer.
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20. The precise location of the cul-de-sac bulb near Foothill Boulevard
. shall be subject to the approval of the Director of Public Works.
21. The buildings located on Lots 2, 7, 10 and 14 will provide a rear roof
line treatment to minimize privacy intrusion into the adjoining
rear yards located to the north. The buildings on Lots 4 and 11 shall
be one-story in height.
PASSED AND ADOPTED this 9th day of March, 1981, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: Commissioners: Adams, Binneweg, Blaine, Chairman Koenitzer
NAYS: " • None
ABSTATN: " Claudy
ABSENT: " None
APPROVED:
/s/ R. D. Koenitzer
R. D. Koenitzer, Chairman
Planning Commission
ATTEST:
Robert Cowan
Assistant Planning Director
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