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Reso 236 • 111 CITY OF 'CUPERTINO City Hall, 10321 South Saratoga-Sunnyvale Road Cupertino, California 95014 Telephone : (408) 252- 505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOM- MENDING THE GRANTING OF A VARIANCE. WHEREAS, the Planning Commission of the City of Cupertino received an application for a VARIANCE, as stated on page two; and WHEREAS, the applicant has met the burden of proof required to support his said application; and WHEREAS, the application shows : 1. That there are special conditions, or exceptional characteris- tics in the nature of the property to be affected, or that it ' s loca- tion, or it ' s surroundings are such as will permit the Commission to . make a determination that a literal enforcement of the Ordinance would result in practical difficulties or unnecessary hardships; and 2. That the granting of the application is necessary for the 410 preservation and enjoyment of substantial property rights; and 3. That the hearings show that the granting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property which is the subject of the application, and that the use of said property in the manner which it is proposed to be used will not be materially detri- mental to the public welfare or injurious to the value of property or improvements located in said surroundings; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application for the VARIANCE be, and the same is, hereby recommended for approval to the City Council of the City of Cupertino for appropriate action, subject to the conditions stated on page two; and BE IT FURTHER RESOLVED: That the aforementioned findings are approved and adopted, and that the Secretary be, and is hereby, directed to notify the parties affected by this decision.' ® (continued on page 2) . -1- "' File No. 1 -V-64 RESOLUTION NO. 236 OF THE PLANNING COMMISSION OF THE CiITY OF CUPERTINO RECOMMENDING THE GRANTING OF A VARIANCE to allow a Cluster Development of one- 110 family houses , combined with a Common Area, in an R-24-H Zone . APPLICANT : PERT-CPM Company ADDRESS : 96o Camden Ave . , (P. O. Box 845) , Campbell, California SUBMITTED : November 17, 1964 LOCATION : West of Mary Avenue, south of the extension of Greenleaf Drive . ACRES : 5 .27 (continued from Page 1) CONDITIONS AND FURTHER FINDINGS : 1 .- 12 Standard Conditions (Exhibit B) 13 That the main two east-west streets and one north-south street, at least., be dedicated as public streets . 14 That suitable easementsbe provided, subject to the satisfaction of the Director of Public Works and the City Planner, for all water and sewer installations and other public utilities; and that an easement be provided for access to the six lots not located at a street . 15 That the Development Plan, as presented by the City Planner during the meeting of the Planning Commission on December 14, 1964, be followed . 16a Parking to be provided by the developer in accordance with the Development Plan. 16b Any additional parking necessary in the future to be provided within the Development Area by the Homeowners ' Association. 16c No curb parking allowed . (Stopping with the driver remaining in the car would be allowed; restrictions in this respect are both unreasonable and unenforcable. ) by visitors • 16d No parking/in reserved parking spaces or in other. . driveways than those of the car owner or the host of a visitor . -2- File No. 13-V-64 (continued from Page 2) 16e Visitors only, not residents , in the 18 guest parking spaces which will be scattered over the area . 16f Directional signs , NO PARKING signs, PARKING signs, and possibly 15 MPH signs and ONE WAY signs to be erected by the developer, as directed by the City and Traffic Planner, after consultations with the Director of Public Works and the County Traffic Engineer. 17 No native trees to be removed without permission of the City Planner. 18 Distance between detached buildings shall not be less than ten (10) feet; where the distance is less than fourteen (14) feet, windows or doors shall be allowed on only one of the adjacent buildings . 19 That Covenants, Conditions and Restrictions be formu- lated and adopted to the satisfaction of the City Attorney and the City Planner . PASSED AND ADOPTED this 14th day of December, 1964, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote : AYES : Commissioners Frolich, Hirshon, Thomson NOES : Commissioners Gates, Johnson ABSTAINED : Commissioner Traeumer ABSENT : Commissioner Small APPROVED : Scott Thomson Chairman, Planning Commission ATTEST : • Adde Laurin City and Traffic Planner -3-