Reso 6145 V-2002-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6145
�
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A VARIANCE TO ALLOW LOT WIDTHS OF 54 FEET AND
57 FEET (MEASURED AT FRONT SETBACK LINE), RESPECTIVELY, INSTEAD OF 60 FEET
FOR A PROPOSED TWO-PARCEL SUBDIVISION, AS REQUIRED BY CHAPTER 19.28 OF
THE CUPERTINO MUNICIPAL CODE.
I
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SECTION I: FINDINGS
� WHEREAS, the Planning Commission of the City of Cupertino has received an application for a
Variance, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one Public Hearing
on this matter; and
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, WHEREAS, the applicant has meet the burden of proof required to support the application, and has
� satisfied the following criteria:
1) That there are extraordinary or exceptional circumstances or conditions applicable to the property
� involved that do not apply generally to properties in the same district.
2) That granting of the Variance is necessary for the preservation and enjoyment of substantial
property rights of the applicant, and to prevent unreasonable property loss or unnecessary hardship;
and
3) That granting the Variance will not be detrimental or injurious to property or improvements in the
vicinity and will not be detrimental to the public health, safety, and general welfare, or
convenience, and to secure the purpose of the title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, testimony, exhibits and other evidence submitted in this
matter, the application for Variance is hereby approved by the Planning Commission of the City of
Cupertino; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this Resolution are based are contained in
the public hearing record concerning Application V-2002-01, as set forth in the Minutes of the
Planning Commission Meeting of August 12, 2002, and are incorporated by reference as though fully
set forth herein.
Resolution No. 6145 V-2002-01 August 12, 2002
Page -2-
, SECTION II: PROJECT DESCRIPTION
' Application No.: V-2002-01
Applicant: San Jose Water Land Company
Location: East side of Sterling Boulevard, northeast of Barnhart Avenue
SECTION III: CONDITIONS OF APPROVAL
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� 1. APPROVED EXHIBITS
( The approval is based on exhibits titled: "Tentative Map, Sterling Boulevard Site" consisting of
lpage, except as may be amended by the conditions contained in this resolution.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
' (Section 66474.18 California Government Code)
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� I hereby certify that the engineering and surveying conditions specified in Section IV. of this
Resolution conform to generally accepted engineering practices.
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Ralph Qualls, Director of Public Wor s
c�ry �n�► �¢ , c z 20� 6
PASSED AND ADOPTED this 12th day of August 2002, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Saadati, Wong, Auerbach, Chairperson Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chen
ATTEST APP E : '
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, �i C� i .
Steve Piasecki Charles Corr, Chair
Director of Community Development Cupertino Planning Commission
G:�Planning�PDREPORT\RES\V-2002-0 l .doc