Reso 4542 6-EXC-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4542
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN
EXCEPTION TO CONSTRUCT AN ADDITION TO A RESIDENCE IN ACCORDANCE WITH
SECTION 19.28.050 OF THE CUPERTINO MUNICIPAL CODE
SECTION I: FINDINGS
i 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 met the burden of proof required to support the application, and has
satisfied the following requirements:
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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;
I 2. That alternative development areas have been considered and found to create a greater negative
� environmental impact;
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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 rantin of an exce tion will not result in a condition that will be detrimental or in'urious to
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property or improvements in the vicinity and will not be materially detrimental to the public health
, safety or welfare;
5. That exception to be granted is one that will require the least modification of the prescribed
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regulation and the minimum variance that will accomplish the purpose;
� 6. That the proposed exception will not result in a hazardous condition for pedestrian and vehicular
� traffic; and
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� 7. That adequate public services and legal access exist to serve the lot.
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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
Resolution No. 4542 (6-EXC-93) July 11, 1994
Page -2-
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 6-EXC-93, as set forth in the Minutes of the
Planning Commission Meeting of June 13, 1994 and July 1 l, 1994, and are incorporated by reference as
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s): 6-EXC-93
Applicant: Lotus Development and Construction
Property Owner: Lotus Development and Construction
Project Location: 22661 San Juan Road
SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on development plan set of 6-EXC-93 (12 sheets), except as may be amended
by the conditions contained herein.
2. SECOND STORY DECK
' All decks above the first level shall have a sideyard setback of 15 ft.
3. TREE PROTECTION
The large oak tree located adjacent to tree No. 1 as identified in the arborist report shall be evaluated
by a certified arborist who shall make recommendations on protecting the health of the tree.
4. SITE DRAINAGE
The site drainage as shown in the approved eachibits is not approved as part of this application. The
precise drainage plan shall include carrying the surface water through an easement across adjoining
parcels to Santa Lucia Road. Should this option not be possible, other on-site drainage solutions may
be considered including the possibility of pumping the water to San Juan Road. Any solution shall
be approved by the city engineer subject to the requirements in Chapter 16.08 of the Cupertino
Municipal Code.
PASSED AND ADOPTED this llth day of July, 1994 at a Regular Meeting of the Planning Commission
of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Austin, Doyle, Harris, Roberts and Chairman Mahoney
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPR ED
r �
Robert Cowan Orrin Mahoney, air
Community Development Director Cupertino Planning Commission
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