Reso 3023 9-U-83 (Amended)
CITY OF CUPERTINO
10430 So. De Anza Boulevard
Cupertino, California 95014
RESOLZJTION No. 3023
RECOMMENDING APPROVAL AND AMENDMENT TO
AN EXISTING USE PERMIT FOR A PLANNED
RESIDENTIAL COMMUNITY TO DELETE REFERENCE TO REQUIRED
USE OF ZERO LOT LINE CONFIGURATIONS, AND TO
ESTABLISH DWELLING UNIT HEIGHT RESTRICTIONS
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for Amendment of an existing Use Permit, as described on Page
2 of this Resolution; 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 of the
City of Cupertino, and are 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
above that of the capacity of the existing street 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 uses, nor injurious to
property and improvements in the neighborhood.
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 recommended for approval, 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 9 U-83 (Amended) as set forth in the Minutes of the
Planning Commission Meeting of April 27, 1987, and are incorporated by
reference as though fully set forth herein.
•
RESOLUTION No. 3023 (9-U-87 Amended) 04/27/87
Page - 2 -
SECTION II: PROTECT DESCRIPTION
Application No(s) 9-U-83 (Amended) and 13-EA-87*
Applicant: Gregory Group, Inc.
Property Owner: Same
Location: South side of Rainbow Drive between Bubb Road
Stelling Road
Parcel Area (Ac) : 106
SECTION III: CONDITIONS AEMI ISTERED BY THE PLANNING DEPARTMENT
1. APPROVED EXHIBITS
The recommendation of approval of the Use Permit Amendment is based on
Exhibits A, A-1, A-3, B, B-1, B-2, B-3, Info 1, Info 2, Info 3 of
Application 9 U-83 (Amended) , except as may be amended by the
Conditions contained in this Resolution.
2. EXHIBIT A -- LIMITATIONS
All notations on Exhibit A pertaining to the proposed use of an
existing house on the site shall be considered informational only. No
use entitlements for said structure are conveyed under this Use Permit
Amendment action.
3. APPROVED ANENEMENTS
4111
Conditions of approval for Use Permit 9-U-83 as described in the City
Clerk's letter of April 24, 1984 shall remain in effect except as
amended by the following revisions:
Condition 16(a) is hereby amended as follows:
The number of second story dwellings located in the development and
adjacent to Rainbow Drive and Upland Way shall be limited to no more
than 50% of the total number of dwellings located in the development
adjacent to said streets. All other dwelling units shall be designed
such that no more than 40% of the total roof area for each dwelling
unit exceeds a height of twenty (20) feet above adjoining grade. No
portion of the roof of any dwelling unit shall exceed a height of
twenty-six (26) feet above adjoining grade.
Condition 16 (e) shall provide as follows:
Dwelling units shall be placed on individual lots in accordance with
the Exhibits enumerated in Condition 1 of this Resolution. All
previous requirements to include zero lot line residential units
within the project are deleted.
RESOLUTION No. 3023 (9-U-87 Amended) 04/27/87
Page - 3 -
411 4. DISTRIBUTION OF DWETTTNG UNITS
A) Distribution of dwelling units by floor plan for the "5000" type
shall be subject to staff review at the building permit level to
ensure an adequate relationship between adjacent one and two story
building elements for control of building mass. Staff may require
adjustment of any selected floor plan on a given site, in
accordance with the following guidelines:
1) Single story elements shall be oriented toward the entrance to
each private cul de sac.
2) At least 50% of the dwellings fronting on an individual cul de
sac street must have adjoining single story portions. (The
intent is to produce wider gaps between units to reduce
perceived mass and retain views of internal landscaping.
3) No portion of a second story element facing a private street
may extend to the lower story front building line.
In the event that the developer disputes the staff's
interpretation of the guidelines in selection of a floor plan for
a given lot, the developer may return to the Planning Commission
for a final decision as an item of Old Business on the agenda of a
regular meeting.
B) The total square footage of the development for the 5000 and
angled lot line units shall be no more than ten percent of the
baseline for the 1985 Use Permit approval. The baseline shall be
111) defined by distributing units of each type equally across floor
plans submitted at that time and totaling the square footage
reulting therefrom, provided that there is no proof to the
contrary of an approved distribution of units by floor plan type.
5. PRIOR CONDITIONS
All conditions attached to Zoning Action 25-Z-80, 9 U-83 (Revised) and
3-TM-85, including all amendments and Minute Order actions pertinent
thereto, shall remain in effect and unchanged except where
specifically modified by the terms of this Resolution.
PASSED AND ADOPTED this 27th day of April, 1987 at a Regular Meeting of
the Planning Commission of the City of Cupertino by the following roll
call vote:
AYES: CONJYtESSIONERS: Sorensen, Adams, Claudy, Szabo
NAYS: COMMISSIONERS: Chr. Mackenzie
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
r c
• Mark Ca h Do ckenzie, 4rman
Associat Planner Cupertino Planning Commission