Reso 411029 U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4110
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO LEGALIZE AN EXISTING SECOND UNIT
ON AN EXISTING SINGLE FAMILY LOT IN ACCORDANCE WITH SECTION 14.2
OF ORDINANCE 1449
SECTION Io FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a 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
gBEREAS, 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.
That after careful consideration of ;maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby approved,, 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 29 U-88 as set forth in'the Minutes of the Planning
Commission Meeting of October 10, 1988a and are incorporated by reference
as though fully set forth herein.
Resolution No 4110 (29 U-88) 10/10/88
Page -2-
SECTION II- APPLICATION DESCRIPTION
Application No
Applicant-
Property Owner-
Location:
Parcel Area (Acres)-
29 U-88
Leo Bernard
Same
USE PERMIT to legalize an existing 2nd dwelling unit
SECTION III- CONDITIONS ADY=S'TERED BY THE PLANNING DEPARTMENT
i•--X all 20"M i
The recommendation of approval is based on the Plan Set of 10/10/88,
as amended by the Conditions contained in this Resolution.
2) BUILDING CODE COMPLIANCE
Within fifteen days of the effective date of this Use Permit, the
applicant/owner shall initiate a building permit application to
reconstruct the west wall to comply with fire safety requirements,
including removal of all windows.
The applicant shall record the deed restriction concerning occupancy
limitations described in Section 14.1.1 (E)of Ordinance 1449, prior
to final inspection of the reconstructed west wall. The form and
content of said deed: restiction shall be reviewed and accepted by the
City Attorney prior to recordation.
The approval is granted based upon standard street improvement
requirements.
PASSED AND ADOPTED this loth day of October, 1988, at a Regular Meeting of
the Planning Commission of the City of Cupertino by the following roll
call vote:
AYES: COMMISSIONERS- Claudy, Mackenzie, Chro Sorensen
NOES- COMMISSIONERS- None
ABSTAIN- COMMISSIONERS- None
ABSENT: CCMMISSIONERSa Adams, Szabo
ATTEST- APPROVED-
Robert Cowan �'I uralee SoreAs6n, Chairperson
Director 1 of Planning Cupertino Planning Commission