Reso 4454 3-V-93
� CITY OF CUPERTINO
10300 Tone Avenue
Cupertino, California 95014
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RESOLUTION NO. 4454
OF TI� PLANNING CONIIvIISSION OF TI� CTTY OF CUPERTINO
RECO1vIIvIENDING APPROVAL OF A VARIANCE TO CONSTRUCT
A SMALL UTII.TTY SHED IN A FLOOD PLAIN
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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 on Page 1 of this Resolution; and
WHEREAS, the necessary notices have bcen given in accordance with the Procedural Ordinance of the City of
Cupertino, and one or more Public Hearings have been held by the Planning Commission; and
WHEREAS, the Planning Commission finds that the application sadsfies the following criteria:
1) That there are special conditions or excepdonal characteristics in the nature of the properly to be affected,
or that its location or its sunoundings are such as will permit the Commission to make a determination
that a literal enforcement of the Ordinance would result in practical difficuldes or unnecessary hardships.
2) That the granting of the variance action is necessary for the preservadon and enjoyment of substantial
� property rights.
3) That the Hearing record demonstrates that the granting of the variance will not have a material, adverse
impact upon the health or safety of persons residing or working in the neighborhood of the properiy.
' Further, the manner in which the property will be used subsequent to implementation of the variance
action will not be materially detrimental to the public welfare or injurious to the value of property or
improvements located in the vicinity of the property affected by said variance.
� NOW, TI�REFORE, BE TT RESOLVED:
That after careful consideradon of maps, facts, exhibits, testimony and other evidence submitted in this matter, the
application for variance is hereby recommended for approval, subject to the condidons which are enumerated in
this Resolution beginning on Page 2, thereof; and
1 BE IT FLTRTI�R RESOLVED:
That the subconclusions upon which the findings and conditions spec�ed in this Resolution aze based aze
contained in the Public Hearing record concerning Application 3-V-93 as set forth in the Minutes of the Planning
Commission meedng of March 22, 1993 and are incorporated by reference as though fully set forth herein.
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� SECTION II PROJECT DESCRIPTION
Application No.: 3-V-93
Applicant: City of Cupertino
Property Owner: City of Cupertino
Locadon: The Blackberry Farm picnic grounds located south of Blackberry Farm Golf
Course and west of the Stevens Creek streambed. The Blackberry Farm complex
is located adjacent to and southerly of Stevens Creek Boulevard opposite the
intersection of Stevens Creek Boulevazd and Phar Lap Drive
Resolution No. 4454 (3-V-93) March 22, 1993
Page -2-
I SECTION III: CONDTTIONS ADMII�iISTERED BY Tf� COT�IlVIUNITY DEVELOPMENT DEPARTIVIENT
1. CONSTRUCTION TECFINIQUE
The structure shall be constructed in accordance with the Cupertino Municipal Code Section 16.52, with
the exception that the structure below the base flood level shall not be watertight as outlined in
Section 16.52.052(a).
� 2. TREE PRESERVATION
� Construction shall be consistent with Ordinance No. 1573 and Appendix A, regarding construction
� adjoining trees. Further, the proposed water heater stack shall not impact the trees in accordance with
Central Fire District fire safety and Planning Department tree preservation standards. The stack may be
relocated for these purposes.
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PASSED AND ADOPTED this 22nd day of March, 1993 at a Regular Meeting of the Planning Commission of the
M City of Cupertino, State of California, by the following roll call vote:
AYES: CO1vIlvIISSIONERS: Bautista, Doyle, Mahoney and Chairwoman Austin
NOES: CONIIVIISSIONERS: Doyle
ABSTAIN: COMIvIISSIONERS: None
ABSENT: CONIIvIISSIONERS: Roberts
i ATTEST: APPROVED:
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� Robert Cowan Donna Austin, Chairwoman
Director of Community Development Planning Commission
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