Reso 4534 7-EXC-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4534
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING AN EXCEPTION
TO CONSTRUCT A SINGLE FAMILY RESIDENCE IN ACCORDANCE WITH POLICY 2-40 OF
THE CUPERTINO GENERAL PLAN.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an application for an
Exception, as described in section II 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 not met the burden of proof required to support the application, and has
not satisfied the following requirements:
1. That geological soils and drainage conditions, the extent of grading, watercourses and riparian
corridors, plant and wildlife impacts, and ridge line visibility has been considered and that any
adverse environmental impacts for developing on a substandard lot will be mitigated;
2. That alternative development areas have been considered and found to create a greater negative
environmental impact;
3. That the literal enforcement of the provisions of this Chapter will result in restrictions inconsistent
with the spirit and intent of this Ordinance;
4. That exception to be granted is one that will require the least modification of the prescribed
regulation and the minimum variance that will accomplish the purpose;
5. That adequate public services and legal access exist to serve the lot.
NOW, THEREFORE BE IT RESOLVED:
That after careful consideration of maps, facts, eachibits 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 specified in this Resolution are based are contained in
the Public Record concerning Application 7-EXC-93, as set forth in the Minutes of the Planning
Commission Meeting of June 13, 1994, and are incorporated by reference as though fully set forth
herein.
Resolution No. (7-EXC-93) June 13, 1994
Page -2-
SECTION II• PROJECT DESCRIPTION
Application No(s): 7-EXC-93
Applicant: Lotus Development and Construction
Property Owner: Bob Bell
Project Location: 22801 San Juan Road
PASSED AND ADOPTED this 13th day of June, 1994 at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Austin, Harris, Roberts and Vice Chairman Doyle
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chairman Mahoney
ATTEST: APPROVED
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Robert Cowan David Doyle, 'ce Cha'rman
Community Development Director Cupertino Planning Commission
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