Reso 2674 28-U-85
RESOLUTION NO. 2674
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
40 RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
A TWO-STORY, SINGLE-FAMILY RESIDENCE.
APPLICANT: Manuel Gonzalez
ADDRESS: 190 Fleming Court, San Jose, California 95127
SUBMITTED: July 8, 1985
LOCATION: East side of Peninsula Boulevard approximately 100
ft. south of Grand Avenue
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of August 12, 1985.
CONDITIONS:
1-IS. STANDARD CONDITIONS
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.
16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibits
A 1st Revision and B 1st Revision of Application 28-U-85
except as may be amended by special conditions enumerated
herein.
17. SETBACKS
The house shall be shifted to attain a minimum 10 ft.
setback along the entire two-story building wall along
the southeasterly property line. This will result in a
slight encroachment (approximately 3 ft. ) of the
second-story bedroom into the required 10 ft. side yard
• setback along the northwest property line.
18. EXTERIOR STAIRCASE
The exterior staircase shall be deleted. Second story
access shall be incorporated within the building envelope
of the structure.
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CITY OF CUPERTINO
City Hall, 10300 Torre Avenue410
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.
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c. That the proposed use will not generate a level of traffic
over and beyond 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 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.
Planning Commission Resolution No. 2674 (Cont'd) 28-U-85
19. MODIFICATION OF APPROVED DEVELOPMENT PLAN •
In the event that the applicant or subsequent property
owner shall desire to make any minor changes, alteration
or amendment in the approved development plan or building
permit, a written request or revised development or
building permit shall be submitted to the Director of
Planning and Development. If the Director makes a
finding that the changes are minor and do not affect the
general appearance of the area, the Director 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
shall submit the change to the Planning Commission for
approval . If the change is denied by the Planning
Commission, the applicant may appeal to the City Council
as provided in City Ordinance No. 652. . If the change is
approved, an appeal may be made by an interested party.
Further, any member of the City Council may request a
hearing before the City Council., said request to be made
within ten (10) days from the date of approval - - when the
change has been approved by the Planning Commission.
PASSED AND ADOPTED this 12th day of August, 1985, 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, Sorensen, Szabo
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Mackenzie
• ATTEST: APPROVED:
/s/Robert Cowan /s/John Claudy
Robert Cowan John Claudy, Chairman
Planning Director Planning Commission
•
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