Reso 4596 1-EXC-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4596
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN EXCEPTION TO
GRADE A DRIVEWAY ON SLOPES GREATER THAN 30%
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 a geological investigation has been conducted and site specific mitigations and construction methods
have been outlined.
2. That alternative development areas have been considered and found to create a greater negative aesthetic
impact;
3. That the literal enforcement of the provisions of chapter 19.40 allowing no construction on slopes of 30%
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. This has been done through the low profile building
design which has been sunken into the hillside with the use of natural materials on a flat roof;
6. That adequate public services and legal access exist to serve the lot.
, 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
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 1-EXC-95, as set forth in the minutes of the planning
commission meeting of March 27, 1995, and are incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s): 1-EXC-95
Applicant: Carrasco & Associates for Bhalerao
Property Owner: L.L. M. Investments Inc.
Project Location: 11837 & 11841 Upland Way
Resolution No. 4596 (1-EXC-95) March 27, 1995
Page -2-
SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT.
1. The exception is for the driveway realignment as shown on the Site Plan, C-3, dated 1/24/95.
PASSED AND ADOPTED this 27th day of March, 1995, at a Regular Meeting of the Planning Commission of
the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Mahoney, Roberts and Chairman Doyle
NOES: COMMISSIONERS: Austin, Harris
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APP VED
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Robert Cowan David Doyle, hairm
Community Development Director Cupertino Planning Commission
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