Reso 6134 EXC-1993-05(M)
CITY OF CUPERTINO
, 10300 Torre Avenue
�
Cupertino, California 95014
RESOLUTION NO. 6134
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
� APPROVING A HILLSIDE EXCEPTION TO ALLOW MORE THAN 500 SQUARE
, FEET OF DEVELOPMENT ON SLOPES OF 30 % OR MORE FOR A NEW SWIMMING
� POOL, PATIO STEPS, DECK, ARBORS AND RETAINING WALLS IN THE REAR
YARD OF AN EXISTING RESIDENCE AT 21620 RAINBOW DRIVE
� SECTION I: PROTECT DESCRIPTION
Application No.: EXC-1993-05(M)
Applicant: Robert Mowat for Veena and Mohan Uttarwar
� Location: 21620 Rainbow Drive
� SECTION II: FINDINGS FOR HILLSIDE EXCEPTION
� WHEREAS, the Planning Commission of the City of Cupertino recei�ed an application
for a Hillside Exception, as described on Section II of this Resolution; and
WHEREAS, the necessary notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
Public Hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support this
application, and has satisfied the following requirements:
1. The proposed development will not be injurious to property or improvements in the
area nor be detrimental to the public health and safety.
2. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic because the project provides adequate parking for the site because
the project provides two on-street parking spaces as well as the required number of
on-site parking spaces.
3. The proposed development has legal access to public streets and public services are
available to serve the development.
Resolution No. 6134 EXC-1993-OS(M) May 13, 2002
Page 2
4. The proposed development requires an exception, which involves the least
modification of, or deviation from, the development regulations prescribed in this
chapter necessary to accomplish a reasonable use of the parcel.
5. The proposed development includes a landscape plan, which retains as many specimen trees
� as possible, which utilizes drought-tolerant plantings and minimizes lawn areas.
6. The proposed development is otherwise consistent with the City's General Plan and
with the purposes of this chapter as described in Section 19.40.010.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
suUmitted in this matter, Application No. EXC-1993-05(M) is hereby approved, 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 EXC-1993-05(M), as set forth in the Minutes of the Planning Commission
Meeting of May 13, 2002, and are incorporated by reference herein.
SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the Plan Set entitled: "Uttarwar Residence, 21620 Rainbow
Drive, Cupertino, CA 95014", consisting of 10 sheets labeled: L1 through L9, and
the title page, except as may be amended by conditions contained in this resolution.
2. GEOTECHNICAL CONSIDERATIONS
The approval is subject to the recommendations outlined in the letter prepared by
Cotton, Shires & Associates and dated Apri124, 2002.
3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
Resolution No. 6134 EXC-1993-OS(M) May 13, 2002
Page 3
� PASSED AND ADOPTED this 13th day of May 2002, at a Regular Meeting of the
� Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Saadati, Chen, Auerbach and Chairperson Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
' ABSENT: COMMISSIONERS:
�
I ATTES : APPROVED:
�
(
�
►
' Steve Piasecki Charles Corr, Chairperson
Director of Community Development Cupertino Planning Commission
�
�
, G:Planning/Pdreport/Res/EXC-1993-05(M) res
I
�
�