Reso 4491 5-EXC-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4491
OF TI� PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN
EXCEPTION TO CONSTRUCT AN ADDITION TO A RESIDENCE ON SLOPES GREATER
THAN 30% AND EXCEED THE GRADING YARD AREA IN ACCORDANCE WITH SECTION
19.40.050 OF THE MUNICIPAL CODE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an application for an
( Exception, as described on Page 1 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 the application, and has
satisfied the following requirements:
1) Literal interpretation of the provisions of the Ordinance from which an Exception has been
sought will result in inconsistencies with the spirit and intent of said Ordinance.
2) Granting of the Exception will not result in a condition which is materially detrimental to the
public health, safety or welfare.
3) The Exception to be granted will require the least modification of prescribed regulations and the
� minimum variation that will accomplish the purpose for which the Exception is sought.
4) The Exception will not result in a hazardous condition for pedestrian and vehicular traffic.
l 5) That the pool amenity is not required for the daily enjoyment of the homestead.
NOW, THEREFORE BE IT RESOLVED:
That after careful consideration of maps, facts, e�ibits and other evidence submitted in this matter, the
application for Exception is hereby approved; and
�
BE IT FURTHER RESOLVED:
' That the subconclusions upon which the findings and conditions specified in this Resolution are based
are contained in the Public Record concerning Application 5-EXC-93, as set forth in the Minutes of the
� Planning Commission Meeting of December 13, 1993, and are incorporated by reference as though fully
set forth herein.
�
SECTION II: PROJECT DESCRIPTION � .
Application No(s): 5-EXC-93
Applicant: Ronald J. Haas
Property Owner: Mehdi Naderzad/David Benjamin
Project Location: 21620 Rainbow Court
Resolution No. 4491 (5-EXC-93) December 13, 1993
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Plans 1 and 2 dated November 15, 1993, of application 5-EXC-93, except
the pool which is denied.
PASSED AND ADOPTED this 13th day of December, 1993 at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Mahoney and Roberts
NOES: COMMISSIONERS: Chairwoman Austin
( ABSTAIN: COMMISSIONERS: None
ABSENT. COMMISSIONERS: None
( ATTEST: APPROVED
`D� �$u.�tti. �
Robert Cowan Donna Austin, Chairwoman
Community Development Director Cupertino Planning Commission
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