Reso 4641 1-EXC-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4641
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN
EXCEPTION TO CONSTRUCT A SINGLE FAMILY DWELLING ON SLOPES GREATER THAN
30%, TO EX THE MAXIMUM SITE GRADING AND HOUSE SIZE
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
environmental and aesthetic impact because the building site is at the lowest portion of the lot and
furthest from the prominent ridge;
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 chapter 19.40;
4. That exception to be granted is the minimum variance that will accomplish the purpose. This has
been done through the low profile building design which has been placed into the hillside and the use
of natural building materials;
5. 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 1-EXC-95, as set forth in the minutes of the
planning commission meeting of September 11, 1995, and are incorporated by reference as though fully
set forth herein.
Resolution No. 4641 (1-EXC-95) September 11, 1995
Page -2-
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 Upland Way
SECTION III CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on the plans sheets Plans A-1 through A-7 Carrasco & Assoc. dated revised
9/1/95 and plans 2& 3 Nelsen Engineering dated revised 8/30/95 and material board, except as may
be amended by the conditions contained herein.
2. LOT LINE ADJUSTMENT
The m�imum floor area of the house shall be 5,631 sq. ft. above ground and 1,383 sq. ft. below
ground. A lot line adjustment in the configuration shown on plan page A-2 is required.
3. LANDSCAPING
The final landscaping plan shall be in conformance section 19.40 (RHS Ordinance).
4. PREVIOUS EXCEPTION APPLICATIONS
Acceptance of this exception voids the application for exception application 8-EXC-93.
5. GEOLOGIC INVESTIGATIONS
All geologic requirements and recommendations of 18-TM-89 and subsequent geotechnical
requirements shall be upheld and performed as required.
6. STAIR CANOPY
The roof garden stair canopy is not approved. A stair canopy that is flush with the roof line is
required.
PASSED AND ADOPTED this l lth day of September, 1995, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Austin, Harris, Mahoney, Roberts and Chairman Doyle
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPRO D ; �
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Robert Cowan David Doyle, Ch an
Community Development Director Cupertino Planning Commission
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