Reso 4503 11-EXC-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4503
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN
EXCEPTION REQUEST FOR A RESIDENCE ON A GREATER THAN 30% SLOPE IN
ACCORDANCE WITH SECTION 19.40.140 OF THE MUNICIPAL CODE
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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 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.
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:
i That after careful consideration of maps, facts, exhibits 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 11-EXC-93, as set forth in the Minutes of the
Planning Commission Meeting of February 14, 1994, and are incorporated by reference as though fully
set forth herein.
Resolution No. 4503 (11-EXC-93) February 14, 1994
Page -2-
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SECTION II: PROJECT DESCRIPTION
Application No(s): 11-EXC-93
Applicant: Mark Sandoval
Property Owner: Joseph and Xenia Czisch
Project Location: 11845 Upland Way
SECTI N III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits labeled "New Residence for Joseph and Xenia
Czisch, Upland Way, Cupertino, California" and consisting of 5 sheets, except as may be amended
by the conditions contained in this Resolution.
2. LANDSCAPING
The applicant shall revise the landscape plan to replace proposed pines trees with a more fire
resistant tree species that will also screen the retaining walls. The landscaping and irrigation shall be
removed from the dripline of the oak tree to be preserved.
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PASSED AND ADOPTED this 14th day of February, 1994, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Roberts and Chairman Mahoney
NOES: COMMISSIONERS: Austin and Harris
� ABSTAIN: COMMISSIONERS: None
, ABSENT: COMMISSIONERS: None
ATTEST: APPROVED ?
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� Robert Cowan O n Mahoney, C�.irman
Community Development Director Cupertino Planning Commission
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