Reso 3035APPLICATION 13-U-87
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 3035
OF THE PLANNING W01ISSION OF THE CITY OF CUPERTINO
REO0HMENDMG DENTAL OF
A USE PERMIT TO CONS UCr SIX SINGLE FAMILY HCHES
MMMAS, the Planning Cmmissicn of the City of Cupertino has received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
• WHEREAS, the necessary notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning C=ission
has held one or more Public Hearings on this matter; and
WHEREAS, the applicant has failed to meet the burden of proof required to
support this application, and has not satisfied the following
requirements:
1) That the use or uses are in conformance with the General Plan and
are not detrimental to existing uses specifically permitted in the
zone in which the proposed use is to be located.
2) That the property involved is adequate in size and shape to
accommodate the proposed uses.
3) That the proposed uses will not generate levels of traffic over and
beyond that of the capacity of the existing street system.
• 4) That the proposed uses are not otherwise detrimental to the health,
safety, peace, morals and general welfare of persons residing in the
neighborhood of such proposed uses, nor injurious to property and
improvements in the neighborhood of the site affected by the
application.
5) The proposed plan conflicts with zoning ordinance requirements that
the units be constructed on the flatter westerly portions of the
site.
WHEREAS, the plan as presented is not in sufficient accord with the zoning
that governs the property because it does not do the maximum to protect
the watershed to Blackberry Farm and the density is too great given the
limited developable area of the site.
NOW, THMUTURE, BE IT RESOLVED
That after careful consideration of maps, facts, wdlibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recawanded for denial by the City Council of the City of
Cupertino; and
Resolution No. 3035 May 26, 1987
Edwin and Carol Federspiel (13U-87)
Page -2-
411
BE IT FURTHER RESOLVED
That the subconclusions upon which the findings specified in this
Resolution are based are contained in the Public Hearing record concerning
Application 13-U-87 as set forth in the Minutes of the Planning Commission
meeting of May 11, 1987 and are incorporated by reference as though fully
set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s) 13-U-87
Applicant: Edwin and Carol Federspiel
Property Owner: Same
Location: East side of Scenic Boulevard approximately
450 ft. north of Palm Avenue
Parcel Area
(Acres) : 2.1
USE PERMIT (13U-87)
To construct a 6 unit single family planned development.
PASSED AND ADOPTED this 26th day of May, 1987 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, Claudy, and Vice Chairperson Sorensen
NAYS: COMMISSIONERS: Szabo
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Mackenzie
ATTEST: APPROVED:
cQIlAdowfrAdk&)
Robert Cowan ee Sorensen, Vice-Chairperson
Planning Director Cupertino Planning Commission
R13U-87(Steve)