U-1988-29bCit►4 of Cuperti"o
10100 Tolle Aa rnn,
C upv, ino, Cald v.. 95014
I . drphnne: Ia001 2W- 4505
I)I I'ARIMINI OF MANNING AND DEVROPMFNT
October 11, 1988
Leo Bernard
2055G McClellan Rd.
Cupertino, CA. 95014
SUBJECT: Application 29-U-88
R 0. 11". 5110
Cupertino. Caldu is 9501S
This letter confirms the decision of the Cupertino Planning commission,
given at its regular meeting of October 10, 1988 to approve the subject
application according to the findings and conditions specified in the
enclosed copy of Planning Commission Resolution No. 4110.
Please note these conditions carefully. Subsequent submittal of materials
for building permits or other entitlements will be checked for compliance
with the conditions listed in the Resolution; discrepancies may result in
processing delays. Please contact our office if you have questions about
this matter.
CITY OF ERTINO
1 k Caughey, AICP
Associate Planner
encl.
29-U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOIUTION No. 4110
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO IB ALIZE AN EXISTING SECOND UNIT
ON AN EXISTING SINGLE FAMILY LOT IN ACCORDANCE WITH SECTION 14.2
OF ORDINANCE 1449
SECTION I: FINDINGS
WFffREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
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 of the
City of Cupertino, and are 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.
c) That the proposed use will not generate a level of traffic over and
above 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 uses, nor injurious to
property and improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby approved, subject to the conditions which are enumerated in this
Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 29-U-88 as set forth in the Minutes of the Planning
Commission Meeting of October 10, 1988, and are incorporated by reference
as though fully set forth herein.
Revolution 110 4110 (29-U-88) 10/10/88
Page -2-
SECTION II: APPLICATION DESCRIPTION
Application No(s) 29-U-80
Applicant: Leo Bernard
Property Owner: Same
Location: 20556 McClellan Rd. (South side of McClellan Rd.
approxinately 200 ft. west of DeAnza
Parcel Area (Acres): .15
USE PERMIT to legalize an existing 2nd dwelling unit
SFCTION III: CONDITIONS ALi=STERED BY THE PLANNING DEPARIN�TP
1) APPROVED EXHIBITS
The recommendation of approval is based on the Plan Set of 10/10/88,
as amended by the Conditions contained in this Resolution.
2) BUILDING CODE COMPLIANCE
Within fifteen days of the effective date of this Use Permit, the
applicant/owner shall initiate a building permit application to
reconstruct the west wall to comply with fire safety requirements,
including removal of all windows.
IBM%I o 2;*"raiJM1w a a� ru au��.rs
The applicant shall records the deed restriction concerning occupancy
limitations described in Section 14.1.1 (E) of ordinance 1449, prior
to final inspection of the reconstructed west wall. The form and
content of said deed restiction shall be reviewed and accepted by the
City Attorney prior to recordation.
The approval is granted based upon standard street improvement
requirements.
PASSED AND ADOPTED this loth day of October, 1988, at a Regular Meeting of
the Planning Commission of the City of Cupertino by the following roll
call vote:
AYES: COMMISSIONERS: Claudy, Mackenzie, Chr. Sorensen
NOES: COMMISSIONERS: None
A13STAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Adams, Szabo
AT APPROVED:
/s/ Robert Cowan /s/ Lauralee Sorensen
Robert C wan Lauralee Sorensen, Chairperson
Director of Planning Cupertino Planning Commission
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