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Reso 4569 � 5-EXC-94 CITY OF CUPERTINO I 10300 Torre Avenue �� Cupertino, California 95014 RESOLUTION NO. 4569 � OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN , EXCEPTION TO CONSTRUCT A SINGLE FAMILY HOME, WHICH EXCEEDS THE MAXMUM ' SITE GRADING AND IS NEAR A PROMINENT RIDGELINE I 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 met the burden of proof required to support the application, and has satisfied the following requirements: I 1 That a combination of buildin desi n material lacement and new landsca in will make this i ) g g, �P P g building consistent with the intent of the RHS Ordinance with regard to prominent ridgelines and ' grading impact. 1 i NOW, THEREFORE BE IT RESOLVED: 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 5-EXC-94, as set forth in the Minutes of the Planning Commission Meeting of October 24, 1994, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No(s): 5-EXC-94 Applicant: Carry Queen/Kornberg Assoc. Property Owner: Estate of Nancy Hertert Project Location: 22830 San Juan Road (Hertert Residence) Resolution No. 4569 October 24, 1994 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMiJNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Plans Pages Coversheet, A1, A2, A4, A7, L1, C1 dated October 17, 1994 and A3 dated August 31, 1994, except as may be amended by the conditions contained herein. 2. A E Guaranteed access from adjoining properties without current access to a public or private road shall be granted by the property owner. 3. SA1vITARY SEWER Hookup to sanitary sewer is required. , 4. VEGETATION The applicant shall complete a landscape and maintenance program. The program plan shall be for an area to be negotiated between staff and the applicant. The program shall be approved on the Consent Calendar of the Planning Commission. I PASSED AND ADOPTED this 24th day of October, 1994 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: ' AYES: COMMISSIONERS: Roberts and Chairman Mahoney � NOES: COMMISSIONERS: Harris ABSTAIN: COMMISSIONERS: None � ABSENT: COMMISSIONERS: Austin and Doyle i i ATTEST: APPROVED ,, � 9 ► ; ,��0.,� . ���. / i Robert Cowan �rrin Mahoney, air � Community Development Director Cupertino Plannmg Commission � c:\winwordUesos/Sexc94 I I I