HomeMy WebLinkAboutPC Reso 214224-U-80
RESOLUTION NO. 2142
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
THREE SINGLE-FAMILY DETACHED HOMES IN A P (PLANNED
DEVELOPMENT WITH SINGLE-FAMILY RESIDENTIAL INTENT)
ZONE.
APPLICANT: Shutts & Schwimmer, AIA
ADDRESS: 14 West Main, No. 21, Los Gatos, CA 95030
SUBMITTED: August 1, 1980
LOCATION: North side of Orogrande Place approximately 70 ft. westerly of
the intersection of Orogrande Place and Obsidian Court
FINDINGS AND SUBCONCLUSIONS:
Approval is recommended subject to the findings as set forth on Page 1 and
suhconclusions as set forth in the minutes of the Planning Commission meeting
of September 8, 1980.
CONDITIONS:
1-14. 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.
15. The approval is based upon Exhibit A as may be modified by additional
conditions contained herein.
16. The applicant shall install a removable metal fence separating top of bank
of Regnart Creek and the public foot path. The location and design of
said fence shall be reviewed by the City of Cupertino's Architectural and
Site Approval Committee.
17. The applicant shall provide an easement allowing the adjacent easterly
property owner access over the 18 ft. wide private driveway at such time
as said adjoining property develops. Said adjoining property owner(s)
shall have a right of access for emergency purposes only. A covenant shall
be recorded requiring the owners of Lots 1 and 3 to maintain said private
driveway/emergency access. The covenant shall stipulate that the owner of
Parcel 3 shall participate in the maintenance of the driveway of the adjoining
easterly property.
18. The building site plan and driveway plan detailed in Exhibit A is
contingent upon the development of the adjoining 5 unit development.
In the event said 5 unit development is delayed or not completed prior
to this development of the subject 3 unit development, the site and drive-
way plan for Parcel.3-shall he modified to provide for an emergency fire
vehicle turn -around. The Director of Planning and Development may approve
a modified plan as provided by Condition 21. Said modification may require
a major reduction of building size to accommodate the turn -around and
comply with the setback standards delineated on Exhibit A. Additionally,
the Fire District may require a modification of the emergency driveway/
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Resolution No. 2142 (Continued) 24-U-80
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footpath to accommodate one or more turn -outs to permit two way vehicular
movements.
19. The intersection of the footpath and emergency driveway with Orogrande
shall be shifted easterly if the Santa Clara Valley Water District
fails to grant an easement over its property. r
20. All fencing for .Lot 1 shall be limited to the area outside of the
Santa Clara Valley Water District easement.
21. Modification of the Approved Development Plan or a Building Permit
In the event that the applicant or subsequent homeowner shall desire to
make any minor change, alteration or amendment in the approved develop-
ment plan or building permit, a written request and revised development
plan or building permit shall be submitted to the Director of Planning
and Development.
If the Director of Planning and Development makes a finding that the changes
are minor and do not affect the general appearance of the area or the
interests of owners of property within or adjoining the development area,
the Director of Planning and Development 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 of Planning and Development shall
submit the change to the Planning Commission for approval. If the change
is denied by the Commission, the applicant may appeal to the City Council,
as provided in Ordinance 652 of the City of Cupertino. If the change is
approved, an appeal may be made by any interested party. Further, any
member of the City Council may request a hearing before the Council, such
request to be made within ten days from the date of approval - when the
change has been approved by the Planning Commission.
PASSED AND ADOPTED this 8th day of September, 1980, 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,
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Claudy
ATTEST:
Robert Cowan
Assistant Planning Director
Blaine, Johnson, Chairman Koenitzer
APPROVED:
/s/ R. D. Koenitzer
R. D. Koenitzer, Chairman
Planning Commission
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