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Reso 419118-TM-76 (Amended) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4191 OF THE PLANNING CaVMSSION OF THE CITY OF CUPERINO Al�(iEI�T�ITaG THE CONDITIONS OF THE APPROVED SUBDIVISION. TO AL1-0W USE OF THE EXISTING SECOND FLOOR ENCLOSURE a.::.. • AS HABITABLE SPACE WHEREAS, the Planning Commission of the City of Cupertino received an apicat fr�r an-amenchztent to a Tentative Subdivision Map, as described °Page ,ofaie • Resolution; and WHEREAS, the 'necessary public notices have been given as required by the and Procedural Ordinances of the City of Cupertino, and the R..C�ssio has held at least one Public Hearing in regard to the application; and W'U'_�F2EAS f-Jt Planning Commission finds that the application meets the followingsro irementso a) That the proposed amendment is consistent with the City of "Cupertino General Plan and any applicable Specific Plano r.. b) That the site is physically suitable for the type and intensity of 'developmentcontemplated under the approved amendment° con temp pp c) That the design of the amended subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat;, d) That •the design of the amended subdivision or the type of Improvem nts associated therewith are not detrimental to the 1•aealth, safety, peace, morals and general welfare of persons rid or. working in the vicinity of the subdivision. F e) Tiat the. design of the amended subdivision and its associated improvements will not conflict with easements acquired by. the public "'at large for access through or use of property within the proposed subdivision. NOW, THM& ORE BE IT RESOLVED: That upon ,yarefial consideration of maps, exhibits, facts, testimony and other evidence submitted in this matter, the application for amendment to the Tentative Subdivision leap is hereby approved, subject to the conditions enumerated in this Resolution beginning on Page 2 thereof; and a P Resolution No. 4191 18-TM-76 (Amended) 08/14/89 Page - 2 BE IT FURTHER RESOLVED: That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing Record concerning Application 18-11M%76 (Amended), as set forth in the Minutes of the Planning Commission Meeting of August 14, 1989, and are incorporated by reference as though fully set forth herein. SECTION II: PST DESCRIPTION Application N(s) o 18�I-76 Amend o Applicant: Le To Guttadauro Location: N\W Corner, Lazaneo Dr. and Parlett Place 10251 Parlett Place SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT., 1. Development of second level habitable area shall be limited to space t ° roof line. Substantial alteration to within the exist contained w � the exterior of the second level of the residences bordering DeAnza Boulevard and Lazaneo Drive will not be permitted. Minor elevations (i.e., small window dormers, etc.) may be approved by the Director of Community Development° PASSED AND ADOPTED this 14th day of August, 1989 at a Regular Meeting of the Planning Commission of the city of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Szabo, Mackenzie, Sorensen NOES: SSIONERS: None ABSTAIN: SSIONERS: None ABSENT: COMMISSIONERS-. Chairman Adams, Claudy ATTEST: APPROVED: Is® Robert Cowan Dsl ]MIchn as Staba Robert Cowan Nicholas Szabo, Acting Chairman Director of Comm. Develop. Cupertino Planning Commission esos\rso18tm76