Reso 4617 5-EXC-94 (M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
' RESOLUTION NO. 4617
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OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A HILLSIDE
� EXCEPTION MODIFICATION OF A CONDITION OF APPROVAL REGARDING REQUIRING
SANITARY SEWAGE SYSTEMS
' 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
i environmental impact;
( 3. That the literal enforcement of the provisions of Chapter 19.40 will result in restrictions inconsistent
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with the spirit and intent of 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
I 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 denied; and
Resolution No. 4617 (5-EXC-94) July 10, 1995
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 5-EXC-94 (Modification), as set forth in the
i minutes of the Planning Commission Meeting of July 10, 1995, and are incorporated by reference as
� though fully set forth herein.
SECTION II• PROJECT DESCRIPTION
�
' Application No(s): 5-EXC-94 (M)
! Applicant: Cary Queen
Property Owner: Cary Queen
� Project Location: 22830 San Juan Road
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PASSED AND ADOPTED this lOth day of July, 1995 at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Harris, Roberts
� NOES: COMMISSIONERS: Austin, Mahoney
� ABSTAIN: COMMISSIONERS: None
� ABSENT: COMMISSIONERS: None
' ATTEST: APPROVED
�
a' � �' �. � ' � 1
� Robert Cowan David Doyle, hai
' Community Development Director Cupertino Planning Commission
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