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CC Resolution No. 4169 . t RESOLUTION N0. 4169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO GRANTING A VARIANCE TO DIVIDEND INDUSTRIES FROr4 SECTION 6.12 AND 10, ORDINANCE 220(n), SINGLE-FAMILY RESIDENTIAL ZONE TO PERMIT A LOT TO FRONT ON A PRIVATE EASEMENT IN- STEAD OF FRONTING ON THE NARROWEST PORTION OF THE LOT FACING A PUBLIC STREET, AS REQUIRED BY ORDINANCE; LOCATED SOUTHERLY AND ADJACENT TO STEVENS CREEK BOULEVARD AT THE SOUTHWESTERLY INTERSECTION OF JANICE AVENUE AND STEVENS CREEK BOULEVARD WHEREAS, the applicant has met the burden of proof required to support his said application; and WHEREAS, the Planning Commission, after duly noticed public hearings, has forwarded its recommendation to the City Council; 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 (3-V-76) be and the same is hereby approved, subject to conditions in Planning Commission ResoluCion No. 152g, attached hereunto as Exhibit "A". BE IT FURTHER RESOLVED that the report of findings attached hereto is approved and adopted, and that the City Clerk be and is hereby directed to notify the parties affected by this decision. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of Ma~ ~ 1976, by the following vote: Vote Members of the City Council AYES: Frolich, Jackson, Nellis, 0'Keefe, Meyers NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Robert W. Meyers Mayor, City of Cupertino ATTEST: /s/ Wm. E. Ry,~ler City Clerk ~ ~ ~ 3-V-76 ~x h, , ~ RESOLUTION N0. 1528 . OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN APPLICATION FOR VARIANCE FROM SECTION~6.12 and 10, ORDINAIVCE 220(n) SINGLE- FAMILY RESIDENTIAL ZONE TO PERMIT A LOT TO FRONT ON A PRIVATE EASEMENT INSTEAD OF FRONTING ON THE NARROWEST PORTION OF THE LOT FACING A PUBLIC STREET, ~ AS REQUIRED BY ORDINANCE. . APPLICANT: DIVIDEND INDUSTRIES . ADDRESS: 3600 Pruneridge Ave., Santa Clara, California 95051 SUBMITTED: April 12, 1976 LOCATION: Within the southwest corner of the intersection of Janice Ave. and Stevens Creek Blvd. 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 of 3-V-76. 16. The approval is predicated upon approval of tentative map Application 12-TM-76. PASSED AND ADOPTED this 13th day of May, 1976, at an adjourned regular ~ meeting of the Planning Commission, City of Cupertinb, State of California, by the following roll call vote: AYES: Commissioners Cooper, Koenitzer, Woodward, Chairman Adams ~ ~NAYS: None ~ A.BSTAIN : None ~ - ABSENT: Commissioner Gatto~ APPROVED: ' /s/ Victor J. Adams ~ Victor J. Adams, Chairman ~ ~ Planning Commission ~ . ' ' ~ATTEST: . . ~ /s/ Robert Cowan . Robert Cowan Assistant Planning Director , -2- CITY OF CUPERTINO Q 10300.Torre Avenue Cupertino, California 95014 (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSIOV OF THE CITY OF CUPERTINO RECOMMENDING THE GRANTING OF A VARIANCE WHEREAS the Planning Commission of the City of Cupertino received ~ an application for a Variance, as stated on Page 2; and WHEREAS the applicant has met the burden of proof required to sup- port his said application; and ' WHEREAS the application shows: 1. That there are special conditions or exceptional character- istics in the nature of the property to be affected, or that its location or its surroundings are such as will permit the . Commission to make a determination that a literal enforce- ment of the Ordinance would result in practical difficulties or unnecessary hardships; and 2. That the granting of.the application is necessary for the 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 pexsons.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 in which it is pro- posed to be used will not be materially detrimental 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 applic.ation 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 2; 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- J ~ . 1 . ~ Ci.ty of Cupertino 14•CITY STANDARD DEVELOPI~iENT CONDITIONS 1. Street widening, improvements, and dedications shall be in accordance with City standards and specifications and as required by the City Engineer. . 2. Curbs, gutters, sidewalks and structures shall be • installed to grades and to be constructed in accordance . ~ with standards specified by the City Engineer. 3. Street lighting shall be install~ed and shall be as approved by the'City Engineer. On-site lighting shall. be as~required by the Architectural and Site Approval Committee and ordinances and regulations of the City. . All on and off site lighting shall be designed to in no iaay interfere with adjacent areas and shall be no higher than the maximum height permitted by the zone in which the property is located. ~ 4. Fire hydrants shall be located as required by the City. . S. Traffic control signs will be placed at locations to be ~ specified by the City. 6. Street trees will be planted in the public right-of-way ~ and shall be of a type approved by the City in accordance ~with Ordinance No. 125. ~ ' 7. Grading shall be as approved and required by the City ~ Engineer in accordance with Ordinance No. 214(a). ~ ~ 8. Drainage shall be to the satisfaction of the City -t , Engineer. ~ . Surface~flow across public sidewalks may be allowed in ~ R1, R2 and R3 zoning unless storm drain facilities are deemed nece... sary by the City Engifleer. , ~ All developments other than R1, R2 and R3 zoning shall be served by on-site storm drainage facilities connected ~ to the City storm drainage system. If City storm drains are not available, drainage facilities shall•be installed ~to the satisfaction of the City En'gineer. 9. The applicant shall be~ responsible for complying with the requirements of the Underground Utility Ordinance No. 331 and other related ordinances and regulations;of the'City . of Cupertino, and shall make the necessary arrangements ~ with the utility companies involved for the installation of said facil.ities. The.applicant shall submit a detailed ~ plan showing utility undergrounding provisions. (This ~ plan must have prior approval of the utility companies . and the City Engineer). ~ 11-15-71 ~ , 3 City Standard Development~Conditions (contd.) 10. The location of all buildings, fences, roadways, park- ing areas, landscapi:ng and other facilities or features shall be as shown on the site plan submitted labeled "Exhibit A", except or unless indicated otherwise herein. . 11: Parking must meet the requirements set forth in • ' ~ Cupertino City Ordinance No. 002(q) and must be in accordance with the approved plot plan. 12. A masonry wal~ will be built by any commercial developer to separate such commercial area from any residential area; such wall shall be six feet high above the highest adjoining finished grade. 13. Landscaping areas shall be maintained as shown on site plan. Detailed landscaping plans, related to arrange- ment, selection of plant materials and sizes, shall be . approved by the Architectural and Site Approval Com- mittee and City Council prior to issuance of a building permit. ~ 14. The applicant shall be responsible for completing the site as shown on approved plot plan and shall be rec{uired ~ ~ to enter into a development agreement with the City of Cupertino providing for payment of necessary fees, includ- ing but not limited to, checking and inspection fees, storm drain fee, and unde~rground utility fee. Said agr~ee-~ ment shall be execu.ted prior to the issuance of a building permit. t -2- 11-15-71