Reso 4780 8-EXC-96
CITY OF CUPERTINO
I 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4780
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO CONSTRUCT DECKS, STAIRS
AND OTHER OUTDOOR FEATURES INCLUDING LANDSCAPING ON
SLOPES GREATER THAN 30% IN ACCORDANCE WITH
CHAPTER 19.28.OSOC OF THE CUPERTINO MUNICIPAL CODE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received 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:
l. The proposed development will not be injurious to property or improvements in the area nor be
detrimental to the public health and safety.
2. The proposed development will not create a hazardous condition for pedestrian or vehicular traffic.
3. The proposed development has legal access to public streets and public services are available to
serve the development.
4. The proposed development requires an exception which involves the least modification of, or
deviation from, the development regulations prescribed in this chapter necessary to accomplish a
reasonable use of the parcel.
5. All alternative locations for development on the parcel have been considered an have been found to
create greater environmental impacts than the location of the proposed development.
6. The proposed development does not consist of structures on or near known geological or
environmental hazards which have been determined by expert testimony to be unsafe or hazardous
to structures or persons residing therein.
7. The proposed development includes grading and drainage plans which will ensure that erosion and
scarring of the hillsides caused by necessary construction of roads, housing sites and improvements
will be minimizes.
8. The proposed development does not consist of structures which would disrupt the natural silhouette
of ridgelines as viewed from established vantage points on the valley floor unless either:
i
Resolution No. 4780 8-EXC-96 November 25, 1996
Page -2-
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a. The location of a structure on a ridgeline is necessary to avoid greater negative environmental
impacts; or
b. The structure could not otherwise by physically located on the parcel and the size of the
structure is the minimum which is necessary to allow for a reasonable use of the parcel.
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 8-EXC-96, as set forth in the Minutes of the
Planning Commission meeting of November 25, 1996, and are incorporated by reference as though
fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No: 8-EXC-96
Applicant: David Solnick
Property Owner: George and Barbara Marcinkowski
Project Location: 10211 Byrne Avenue
SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
The recommendation of approval is based upon the plan set dated November 19, 1996, pages 1-3,
except as may be amended by the conditions contained in this resolution.
2. DONATION OF TREES TO BLACKBERRY FARM GOLF COURSE
Property owner shall donate two trees to the Blackberry Farm Golf Course. Trees shall be planted
in a location chosen by the golf course management to screen the view of the improvements.
3. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices(BMP's) as required by the State Water Resources Control
Board, for construction activity which disturbs soil.
4. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed
necessary by the City Engineer. Development in all other zoning districts shall be served by on site
storm drainage facilities connected to the City storm drainage system. If City storm drains are not
available, drainage facilities shall be installed to the satisfaction of the City Engineer.
Resolution No. 4780 8-EXC-96 November 25, 1996
Page -3-
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV of this
Resolution conform to generally accepted enginee ng practices.
ert Vis ov , City Engineer
PASSED AND ADOPTED this 25th day of November, 1996, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Austin and Mahoney
NOES: COMMISSIONERS: Roberts
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle and Harris
ATTEST: APPROVED
Robert Cowan Paul Roberts, Chairman
Community Development Director Cupertino Planning Commission
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