Reso 4697 6-EXC-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4697
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HILLSIDE
EXCEPTION TO CHAPTER 19.40.050 J, RESIDENTIAL HILLSIDE ZONES TO ALLOW AN
ADDITION TO A RESIDENCE ON A PROMINENT RIDGELINE
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:
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 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.
8. The addition will be constructed on the existing building pad.
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
Resolution No. 4697 6-EXC-95 Apri18, 1996
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 6-EXC-95, as set forth in the minutes of the
Planning Commission Meeting of April 8, 1996, and are incorporated by reference as though fully set
forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s): 6-EXC-95
Applicant: Janet M. DeCazli
Property Owner: Same
Project Location: 11640 Regnart Canyon Drive
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits 1-6, dated 11/17/95, except as may be amended by the Conditions
contained in this resolution.
2. GEOLOGICAL REOUIREMENTS
The recommendations of the applicant's geologist (Terratech, November 21, 1995) and the City's
geologist (William Cotton & Associates, January 2, 1996) shall be implemented at the building
permit stage.
3. SANITARY SEWAGE SYSTEM
The septic tank shall be pumped and two gas tight septic tank risers shall be installed prior to
issuance of the building permit, as required by the Santa Clara County Health Department (letter
of Suzanne F. Muzzio, December 28, 1995).
4. ELECTROMAGNETIC FIELDS
Evidence shall be provided prior to issuance of a building permit that a notice was recorded on
the deed stating that residents are subject to exposure to electromagnetic fields from the adjacent
electrical tower.
5. FIRE PROTECTION
Fire protection shall be assured by either increasing the fire flow or providing a sprinkler system
through the entire residence.
6. LANDSCAPING
A landscaping plan for screening the new addition shall be approved by staff and implemented
prior to issuance of a building permit.
7. DRAINAGE
A drainage plan shall be approved and implemented prior to issuance of a building permit.
Resolution No. 4697 6-EXC-95 Apri18, 1996
Page -3-
PASSED AND ADOPTED this 8th day of April, 1996, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Austin, Doyle, Mahoney
NOES: COMMISSIONERS: Harris and Chairman Roberts
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APP VED �
Robert Cowan Paul Roberts, Chairman
Community Development Director Cupertino Planning Commission
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