Reso 4571 3-EXC-94
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4571
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN EXCEPTION TO
CONSTRUCT A SINGLE FAMILY DWELLING ON SLOPES GREATER THAN 30% AND ON A
PROMINENT RIDGE LINE IN ACCORDANCE WITH SECTION 19.40.050 OF THE CUPERTINO
M C ODE
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 subject to the conditions enumerated in sections III and IV:
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 chapter 19.40 will result in restrictions inconsistent with the
spirit and intent of the chapter 19.40;
4. That granting of an exception will not result in a condition that will be detrimental or injurious to 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 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
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, 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 3-EXC-94, as set forth in the minutes of the planning
commission meeting of October 10, 1994 and November 14, 1994, and are incorporated by reference as though
fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s): 3-EXC-94
Applicant: T. W. International Investment Corp.
Property Owner: Mao-Hsin Liu
Project Location: 21680 Rainbow Court
Resolution No. 4571 (3-EXC-94) November 14, 1994
Page -2-
SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
The approval is based on development plan labeled sheets 1 through 5 dated November 14, 1994, material
and color sheet dated November 14, 1994 and evaluation of geologic hazards by Buckley Engineering Assoc.
dated September 14, 1994, except as may be amended by the conditions contained herein.
2. ARCHITECTURAL FEATURES
The stairwell turret roof shall be lowered to the same height and have the same pitch as the entrance-way
roof.
3. HOUSE SIZE
The floor area of the house shall be a maximum of 5,000 sq. ft. The garage shall be excluded from the total
square footage calculation if it is substantially submerged into the hillside.
4. HOUSING MITIGATION IN-LIEU FEE
The project developer shall pay a fee in-lieu of housing mitigation requirements. The fee shall be $1.00 per
square foot of conditioned building area and shall be paid prior to issuance of building permits.
5. FENCING
All fencing on the site shall be open fencing and be painted non-reflective black.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
6. IMPROVEMENT AGREEMENT
The project developer shall enter into an agreement with the City of Cupertino providing for payment of fees,
including but not limited to checking and inspection fees, storm drain fees, and park dedication fees. Said
fees shall be paid prior to issuance of building permits.
The fees and bonding requirements are as follows:
- Checking and inspection fee: $15,750.00
- Storm drain fee: $1,290.00
- Park fees: $15,750.00
The fees described above are imposed based upon the current fee schedule adopted by the City Council.
However, the fees imposed herein may be modified at the time of issuance of building permits. In the event
of said changes, the fees charged at the time will reflect the current fee schedule.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform
to generally accepted engineering practices.
Be Viskovich, C ty Engineer
Resolution No. 4571 (3-EXC-94) November 14, 1994
Page -3-
PASSED AND ADOPTED this 14th day of November, 1994 at a Regular Meeting of the Planning Commission
of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Harris, Roberts and Chairman Mahoney
NOES: COMMISSIONERS: Austin
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED
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Robert Cowan Orrin Mahoney, C airman
Community Development Directar Cupertino Planning Commission
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