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Reso 4800 6-EXC-96 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4800 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HILLSIDE EXCEPTION TO ENCLOSE A DECK AREA ON AN EXISTING RESIDENCE LOCATED ON A PROMINENT RIDGELINE AND TO VARY FROM THE REQUIRED SECOND STORY SETBACKS IN ACCORDANCE WITH CHAPTER 19.40 OF THE CUPERTINO MUNICIPAL CODE SECTION II: 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 Section III: 1) Substantial evidence has been provided in order to meet the mandatory findings of exception. � 2) The addition is the least modification of, or deviation from, the development regulations prescribed by the ordinance. 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 BE IT FURTHER RESOLVED: That the findings and conditions specified in this resolution are contained in the public record concerning application 6-EXC-96, as set forth in the Minutes of the Planning Commission meeting of January 13, 1997, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No: 6-EXC-96 Applicant: Michael Helm Property Owner: Glen and Melissa Shih Project Location: 21667 Rainbow Drive Resolution No. 4800 6-EXC-96 January 13, 1997 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Site (plan # 1), floor (plan #2), floor plan (plan #3), elevation plan (plan #4) and roof plan (plan #5) dated revised 12/23/96 and drawn by Michael Helm, AIA. 2. GEOLOGY At the building permit stage the building department has the descretion to request additional soil and geological updates for construction of the addition. � PASSED AND ADOPTED this 13th day of January, 1997, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Austin, Doyle, Mahoney, and Vice Chairperson Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chairman Roberts ATTEST: APPROVED I /�/� � /� / �� -< i Robert Cowan Andrea Harris, Vice Chairperson Community Development Director Cupertino Planning Commission g:/pdreportJr6exc96