U-1981-08b 8-U-81
RESOLUTION NO. 2202
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
NINE SINGLE-FAMILY TOWNHOUSE DWELLINGS IN. A P
(PLANNED DEVELOPMENT WITH RESIDENTIAL 5-10 DWELLING
UNITS PER GROSS ACRE) ZONING DISTRICT.
APPLICANT: Canada Development Company
ADDRESS: 337 South Monroe Street, San Jose, California 95128
SUBMITTED: April 10, 1981
LOCATION: Northeast quadrant of Blaney Avenue and Beekman Place
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 May 26, 1981.
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 enumerated herein shall apply.
15. The approval is based upon Exhibits A-lst Rev. , B-lst Rev. , C-1 and C-2
of Application 8-U-81 -as may be modified by additional conditions
contained herein.
110 16. The use permit approval is contingent upon a subsequent abandonment
of a portion of North Blaney Avenue which taverses the western border
of the zoning district.
17. The master bedroom windows for Plan B shall be designed to incorporate
the privacy protection measures used in'the master bedroom for Plan A.
The floor plans are described on Exhibits C-1 and C-2.
18. All applicable subsections of Sections 13.5 and 13.6 of the R1C 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—t-he Director
of Planning and Development. If the Director of Planning and Develop-
ment 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 Commis-
sion. If the changes are material, the Director of Planning and Develop-
ment shall submit the change to the Planning Commission for approval.
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CITY 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 City of Cupertino received an
application for a USE PERMIT, as stated on Page 2; and
WHEREAS, the applicant has met the burden 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.
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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.
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8-U-81
Planning Commission Resolution No. 2202 (continued)
410 Condition 19 (continued)
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, said request
to be made within ten (10) days from date of approval - when the
change has been approved by the Planning Commission.
20. The applicant shall provide for solar-assisted hot water heating
systems to serve all of the units in the subject development.
Placement of the solar collector panels shall be demonstrated to
the Architectural and Site Approval Committee and shall be subject
to the review and approval of the Chief Building Inspector. Build-
ings which are partially shaded or not ideally located with respect
to sun angles shall either be accommodated through the use of panels
on adjacent buildings or 'slightly modified roof design.
PASSED AND ADOPTED this 26th day of May, 1981, 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 , Binneweg, Blaine, Koenitzer, Chairman Claudy
410 NAYS: None
ABSTAIN: None
ABSENT: None
APPROVED:
/s/ John Claudy
ATTEST: John Claudy, Chairman
Planning Commission
).v1,14-44- • Ni"" e
James H. Sisk
Planning Director •
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