Reso 2564 12-U-84
RESOLUTION NO. 2564
` OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
14 TWO-STORY RESIDENTIAL SINGLE-FAMILY CONDOMINIUM UNITS.
APPLICANT: HW & Associates Investment Company
ADDRESS: 399 Main Street, P.O Box #922, Los Atlos,
California 94022
SUBMITTED: June 29, 1984
LOCATION: South side of Olive Avenue between Imperial Avenue
and Pasadena 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 September 24, 1984.
CONDITIONS:
1-15. 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, A-1 , B, C 1st Revision except as may be
amended by special conditions enumerated herein.
17. COMMON AREA
The development rights to the - common area shall be
dedicated to the City of Cupertino in advance of
recordation of the final subdivision map to ensure that
open space area is available to the entire development.
18. STREET IMPROVEMENTS
All applicable subsections of Section 13.5 and 13.6 of
the R1C Ordinance (Ordinance 664) regarding street
improvement requirements and covenants shall apply to
the subject development.
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CITY OF CUPERTINO •
City Hall , 10300 Torre Avenue
Cupertino , California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT
WHEREAS , the Plannin
g 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.
c . That• the proposed use will not generate a level of traffic S
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. 2564 (Continued) 12-U-84
410
19. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below
Market Rate (BMR) Housing Program. The applicant shall
record a covenant restricting sales price, resale
procedures, etc. per the requirements of the BMR
program. Said covenant shall be recorded simultaneously
with filing of the final subdivision map for each unit
of the devel❑pment, subject to prior review and approval
by the City Attorney.
20. LANDSCAPE SCREENING
The applicant 's shall submit a landscaping plan to the
staff which shall provide mature specimen trees and/or
mature shrubs around the perimeter of the site to screen
the subject property from the adjoining single-family
homes and the adjoining industrial area. The
Architectural and Site Approval Committee shall review
and approve the building colors of the building.
21. FIRE ACCESS LANES
Emergency fire access lanes shall be recorded as fire
111 lane easements on the final map and shall meet Central
Fire District standards.
22. HOMEOWNERS ASSOCIATION DOCUMENTS
The homeowners association documents, enabling
declaration and condominium plan shall be approved by
the Department of Planning & Development prior to being
recorded.
23. SOLAR
The applicant shall install solar plumbing chases to
facilitate installation of future solar water heating
systems.
24.. USES PERMITTED
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The approval is granted for the construction of . 14
• residential units.
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Planning Commission Resolution No. 2564 (Continued) 12-U-84
410 25. 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.
.26. OLIVE AVENUE CUL-DE-SAC
• The applicant shall fully install the cul-de-sac closure
of Olive Avenue including all curb, gutter, sidewalk
landscaping and full street improvements through the
return of the cul-de-sac on the north side of Olive
Avenue per Exhibit A 1st Revision and C 1st Revision C.
The applicant will be reimbursed for 1/2 of the street
improvements on the north side of Olive Avenue at such
time as the adjoining property redevelops. The
installation of the cul-de-sac shall be deferred for six
months from date of Use Permit approval . If the
Circulation Element of the ❑ld Monta Vista Plan is not
modified within the six month time period to delete the
closure, the applicant may construct the cul-de-sac to
fulfill the street improvement obligation.
27. RECORDATION OF SUBDIVISION MAP
The applicant shall record a subdivision map reflecting
the revised Use Permit plan prior to issuance of
building permits.
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Planning Commission Resolution No. 2564 (Continued) 12-U-84
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PASSED AND ADOPTED this 24th day of September, 1984, at a regular
meeting of the Planning Commission of the City of Cupertino,
State of California, by the following roll call vote:
AYES: Commissioners Claudy, Koenitzer , Szabo and Chairman
Blaine
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Adams
ATTEST: - APPROVED:
• /s/ James H. Sisk /s/ Sharon Blaine
James H. Sisk Sharon Blaine, Chairperson
) Planning Director Planning Commission
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