Reso 4645 4-EXC-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4645
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
HILLSIDE EXCEPTION IN ACCORDANCE WITH CMC SECTION 19.40.140
TO LOCATE A REPLACEMENT WATER TANK
ON A PROMINENT RIDGELINE IN REGNART CANYON
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 said application; and
has 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 envoronmental impacts will be mitigated.
2. That the literal enforcement of the provisions of this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter.
3. That alternative development areas have been considered and found to create a greater
negative environmental impact.
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 the exceptionto 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 proposed exception will not result in a hazardous condition for pedestrian and vehicular
traffic.
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, e�ibits and other evidence submitted in this
matter, the application for exception is hereby approved; and
Resolution No. 4645 (4-EXC-95) September 11, 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 4-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.
SECTION II: PROJECT DESCRIPTION
Application No(s): 4-EXC-95
Applicant: San Jose Water Company
Property Owner: Janet M. De Carli
Project Location: 11640 Regnart Canyon Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is base on Exhibits titled: "Regnart Canyon Station Tank Replacement - 1995
in the City of Cupertino, Calif." with various dates and consisting of six sheets as follows:
Cover Sheet dated 4/10/95, Site Plan dated 5/22/95, Pump House and Electrical dated
4/12/95, Drainage Course Path undated, Sheet L-1 dated 8/18/93, Sheet L-2 dated 9/16/93,
except as may be amended by conditions contained in this resolution.
2. SEISMIC INVESTIGATION, STRUCTURAL EVALUATION, GEOTECHNICAL PLAN
REVIEW
Prior to building permit approval, the applicant shall comply with the recommendations
listed in William Cotton and Associates letter dated 8/31/95 regarding the Regnart Water
Tank.
PASSED AND ADOPTED this llth 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: APPROVED
� . � :! t,
Robert Cowan David Doyl , hairman
Community Development Director Cupertino Planning Commission
g/planning/rs4exc95