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HomeMy WebLinkAboutPC Reso 198621-U-79 RESOLUTION NO. 1986 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT NINE SINGLE FAMILY DETACHED HOMES AND RETAIN ONE EXISTING HOME IN A P (PLANNED DEVELOPMENT WITH SINGLE- FAMILY RESIDENTIAL INTENT) ZONE. APPLICANT: Regnart Creek Estates (WTW - Warren Whaley) ADDRESS: 22023 Baxley Court Cupertino, California 95014 SUBMITTED: August 10, 1979 LOCATION: North side of Orogrande Place approximately 250 ft. westerly of Stelling Road. FINDINGS AND SUBCONCLUSIONS: Approval is recommended subject to the findings as set forth on Page 1 and subconclusions as set forth in the Minutes of the Planning Commission Meeting of October 8, 1979. 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 2nd Revision as may be modified by additional conditions contained herein. 16. The site plan shall be modified to reflect the following: a. The fence line for the rear yard of Lot 1 shall be contracted to coincide with the building setback line established by Santa Clara Valley Water District depicted on Exhibit A 2nd Revision. Said line may be modified slightly to provide adequate yard space near the northwest corner of the existing structure. b. The 18 ft. wide private driveway serving Lots 8, 9 and 10 shall be extended into Lot 1 an adequate distance to provide two parking spaces for Unit 10. c. The building setback line for garages located on Lots 2 and 3 shall be modified to provide 25 ft. of setback in back of sidewalk in lieu of 25 ft. from property line. The setback distance between garages and the 24 ft. wide private street for Lots 4, 5, 6, 7, 8 and 9 shall be twenty ft. in lieu of 25 ft. The intent of the setback adjustments is to provide additional rear yard space for said dwellings. d. The garage opening for Unit 1 shall be re -oriented to a curved driveway in order to provide adequate driveway space for two parked vehicles. 17. 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. d.M 21-U-79 RESOLUTION NO. 1986 (continued) 18. All applicable subsections of Sections 13.5 and 13.6 of the RIC Ordinance (Ordinance No. 664), regarding street improvement requirements and covenants shall apply to the subject development. 19. 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 development 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 October, 1979, 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, Blaine, Claudy, Chairman Gatto NAYS: Commissioner Koenitzer ABSTAIN: None ABSENT : None APPROVED: John`M. Gatto, Ch irman Planning Commissi n ATTEST: Robert Cowan Assistant Planning Director -3-