Reso 6209 M-2003-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6209
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO THE APPROVED EXHIBITS FOR A HILLSIDE
EXCEPTION, FILE NUMBER EXC-2001-08.
SECTION I: PROTECT DESCRIPTION
Application No.: M-2003-05
Applicant: Amar Gupta (Terry Brown)
Location: El Cerrito Road
(APN#: 342-31-001)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Modification to a Hillside Exception, as described in Section I 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 one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The proposed change does not result in visual impacts inconsistent with the original
approval.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps,facts, exhibits, testimony and other evidence
submitted in this matter, application no. M-2003-05 is hereby recommended for approval;
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 M-2003-05, as
set forth in the Minutes of the Planning Commission Meeting of October 13, 2003, and are
incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. MODIFIED CONDITION
This modification amends Condition 1 of the Planning Commission Resolution No. 6179
as follows:
Resolution No. 6209 M-2003-05 October 13,2003
Page 2
Approval of the residence and site improvements are based on the plan set consisting
of 8 sheets labeled: 1, A1, A2, A3, A4, A5, and L1.0, a colored elevation labeled "Mr. &
Mrs. Gupta," dated March 24, 2003, the approved material board, and the photo-
simulations labeled Exhibit B entitled "Project Visibility," except as may be amended
by conditions contained in this resolution.
2. TREE PLANTING
Prior to occupancy, the applicant shall demonstrate to the satisfaction of the Community
Development Director that sufficient planting has been installed to accomplish the effect
of the Exhibit B simulation. The Director may require larger sized planting or additional
specimens in order to conform to Exhibit B.
3. OTHER CONDITIONS
Except for the amendment to Condition 1 referenced above, all other conditions in
Planning Commission Resolution No. 6179 shall remain in force.
PASSED AND ADOPTED this 13th day of October 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Miller, Wong and Vice-Chairperson Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Chairperson Chen
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
a •
Steve Piaseck' Taghi Saadati,Vice-Chairperson
Director of Community Development Cupertino Planning Commission
I
C:i:�Plciruzirr,�PDREt'OPT�PF.��r\�I-.'0(13-C15 res.clr�c