Reso 2747 i
45-U-85
1 RESOLUTION NO. 2747
OF THE PLANNING COMNIISSION OF THE CITY OF CUPERTINO
ior RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
A TRIPLEX BY ADDING TWO RESIDENTIAL UNITS TO AN
EXISTING SINGLE-FAMILY HOUSE.
APPLICANT: J.C. Lagiusa
ADDRESS: 1936 Camden Avenue, Suite 6, San Jose, California 95124
SUBMITTED: October 31, 1985
LOCATION: Northeast corner of Pasadena and Lomita Avenues
FINDINGS AND SUBCONCLIJSIONS:
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 December 9, 1985.
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
Rev., A-1 1st Rev., B 1st Rev., and B-1 1st Rev. of Application
45 U-85 except as may be amended by special conditions enumerated
herein.
17. BALCONIES
The wall separating the two balconies shall be extended an
additional 3 ft. to the edge of the stair landing. The landing
shall be widened as necessary to provide adequate access to the
upstair units.
18. PARKING
The three open parking spaces shall be shifted westerly, but shall
maintain a minimum 15 ft. setback from the west property line. The
trash enclosure shall be relocated to the east side of the parking
spaces, adjacent to the detached garage. In addition, a minimum
back up distance consistent with City Standards shall be provided
for all parking spaces. -
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411
CITY,41
OF CUPERTINO
City Hall, 10300 Torre Avenue
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 dlity of Cupertino received an
application for a USE PERMIT, as stated on Page 2; and
WHEREAS, the applicant has met the burdeai 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
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.
IIAft
RESOLUTION No. 2747 (45-U-85) 12-11-85
Page - 3 -
i
19. LANDSCAPING
The applicant shall return to the Architectural and Site Approval
Committee for informal review of the landscaping plans prior to
building permit approval. The landscaping along Lomita and
Pasadena Avenues should be residential in character. The proposed
three foot mounds should be eliminated.
20. CONSOLIDATE PARCELS
The applicant shall merge all existing parcels into a single lot.
21. SOLAR
The applicant shall install solar plumbing chases to facilitate
installation of future solar water heating systems. Installation
of said systems is optional.
22. PUBLIC IMPROVEMENTS
The applicant shall provide the following public improvements,
subject to the approval of the Public Works Department:
- Street improvements, excluding sidewalks improvements.
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Dedication of the southeastern edge of the subject property
for a future cul-de-sac on Lomita Avenue.
- Connection to the City's storm drain system, including any
related off-site work.
23. 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 plan 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
RESOLUTION No. 2747 (45-U-85) 12-11-85
Page - 4 -
j 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 9th day of December, 1985, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: NS: Mackenzie, Sorensen, Vice-Chairman Szabo
NAYS: NENIDERS: None
ABSTAIN: MEMBERS: None
ABSENT: NENIDERS: Adams, Chairman Claudy
ATTEST: APPROVED:
/s / Robert Cowan /s/ Nicholas . Szabo
Robert S. Cowan Nicholas Szabo, Vice-Chairman
411 Planning Director Planning Commission
RES45U85(B-1)
411