Reso 4349 . 4-EXC-91
C I T Y O F C U P E R T I N O
- 10300 TORRE AVIIQUE
CUPEL�I'INO, CAL�ZFORNIA 95014
RESOLITI'ION NO. 4349
OF THE PLANNING C+C1�M�IISSION OF 'IHE CITY OF CUPII�TINO
R�VDING DII�IIAL OF AN F�CFPTION 'P� C��PI'g2 14. 04 OF �
MUNICIPAL OODE TO R�QUIRE DIDICATION OF RF.AL PRfJPII�I'Y
FOR ROADWAY PUFtPOSFS
SECTION I • FIl�TDINGS
WI�RREAS, the Plannirig Corrnnission of the City of Cupertino has received an
application for an exception, as described on Page of this Resolution; and
WI�RFAS, the necessaYy public notices have been given in accordance with
the Procedural Ordir�ance of the City of Cupertino, and the Planning
Co�nnission has held one or more Public Hearings on this matter; and
WI�RRE'AS, the applicant has failed to meet the burden of proof required to
support said application as stated in C�apter 14.04.230 of the municipal
code:
1) The applicant has not presented a response to the criteria stated in
said C�apter; hence the Crnrnmission cannot make the findings in
support of the requested exception as required in 14.04.230 (B)(2).
2) Based on the resulting FAR of .43 which can be built after the lot
area is reduced by dedication, the lot area is not thexeby
unreasonably constrained in its developm�lt potential relative to
similarly-zoned parcels in th co�nnunity.
3) The public intexest may be adversely affected if the subject
dedication for roadway purposes is impeded, based on the
� contingencies listed in C�,apter 10.04.050 of the Municipal Code.
NOW, 'I�'ORE, BE IT RF50LUID:
That after careful consideration of maps, faets, exhibits, testimony and
other evidence su�anitted in this matter, the application for �ception is
hereby reconmier�ded for denial; and
BE IT F[JRTHEft RESOLUID:
That the subconclusions upon which the findings specified in this
Resolution are based are contained in the Public Record concerrzirig
Application 4-EXC-91 as set forth in the Minutes of Planning Conunission
Meeting of June 24, 1991 and are incorporated by reference as though fully
set forth herein.
Resolution No. 4349 (4-ExC-91) June 24, 1991
Page -2-
SECTION II• DESCRIPTION
Application No(s): 4-EXC-91
Applicant: A. Lagorio
Property Owner: Phillip Lenihan
Project L�ocation: 21841 Almaden Avenue
PASSID AND ADOP'I'ID this 24th day of June, 1991, at a Regular Meetirig of
the Planning Connnission of the City of Cupertino, State of California, by
the follawing roll call vote:
AYFS : G�OPM�SSIONE�2S :
NOES: CONIMISSIONIIZS: Austin, Fazekas, Mann, C�airman Mackenzie
ABSrI'AIN: QONIl��SSIONII�S:
ABSENT: CXxM�SSIONER.S: Mahoney
A'ITESr!' : APPROVID :
� � � � �
Robert Ccxaan Donald Mackenzi Chairnian
Director of Community Development Cupertino P1 Commission
peresos/rso4exc
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