Reso 4495 10-EXC-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4495
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN
EXCEPTION REQUEST FOR AN ADDITION TO AN EXISTING RESIDENCE NEAR A
PROMINENT RIDGELINE IN ACCORDANCE WITH SECTION 19.40.140 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) That ridgeline visibility, the extent of grading, building materials and colors, and the height and
bulk of the addition have been considered and found consistent with the General Plan.
I 2) That alternative development areas have been considered and found to create a greater negative
environmental impact.
3) 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.
' 4) Granting of the Exception will not result in a condition which is materially detrimental to the
� public health, safety or welfare.
5) 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.
6) The Exception will not result in a hazardous condition for pedestrian and vehicular traffic.
7) That adequate public services and legal access exist to serve the lot.
NOW, THEREFORE BE IT RESOLVED:
That after careful consideration of maps, facts, e�chibits 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 10-EXC-93, as set forth in the Minutes of the
Planning Commission Meeting of January 10, 1994, and are incorporated by reference as though fully set
forth herein.
Resolution No. 4495 (10-EXC-93) January 10, 1994
Page -2-
SECTION II: PROJECT DESCRIPTION
Application No(s): 10-EXC-93
Applicant: Harlan Sethe
Property Owner: Same
Project Location: 11845 Upland Way
SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on E�chibits labeled "Plans Prepared for: Harlan Sethe,
11845 Upland Way, Cupertino„ California, 95014" and consisting of sheets No. 1 and 4, except as
may be amended by the conditions contained in this Resolution.
PASSED AND ADOPTED this lOth day of January, 1994 at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
� AYES: COMMISSIONERS: Mahoney, Roberts and Chairman Austin
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Doyle
� ATTEST: APPROVED
�
Robert Cowan Donna Austin, C airwoman
Community Development Director Cupertino Planning Commission
g:\mm\peresos/ l 0exc93