Reso 4838 6-EXC-97
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4838
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO CONSTRUCT A 632 SQ. FT.
ADDITION, AND LOCATE A PROPANE TANK AND EMERGENCY
GENERATOR ON A PROMINENT RIDGELINE IN ACCORDANCE WITH
CHAPTER 19.40 OF THE CUPERTINO MUNICIPAL CODE
SECTION I: PROJECT DESCRIPTION
Application No.: 6-EXC-97
Applicant: Joal Morris (Luchessi Residence)
Location: 11621 Regnart Canyon Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
exception to the Sign Code, as described in this Resolution; and
WHEREAS, the Planning Commission finds the following with regards to this application:
a) The literal enforcement of the provisions of this title will result in restrictions inconsistent with the
spirit and intent of this title;
b) The granting of the exception will not result in a condition which is materially detrimental to the
public health, safety, or welfare; and
c) The exception to be granted is one that will require the least modification of the prescribed
regulations and the minimum variance that will accomplish the purpose.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the exception is hereby approved subject to the conditions which are enumerated in this
Resolution; and
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application No. 6-EXC-97, as set forth in the
Minutes of the Planning Commission Meeting of May 12, 1997, and are incorporated by reference
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on E�ibits 1-4, dated 5/1/97, except as may be amended by the Conditions
contained in this resolution.
Resolution No. 4838 6-EXC-97 May 12, 1997
Page -2-
2. NOTICE OF FEES, DEDICATIO.NS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
3. TREE PLANTING
Applicant shall plant five 24-inch box, potentially large native trees so that when the Eucalyptus
trees currently providing screening are removed, the new trees will continue to screen the addition.
Trees shall be planted prior to the final building permit inspection.
4. FIRE PROTECTION
Fire protection shall be assured by either increasing the fire flow or providing a sprinkler system
through the entire residence.
5. NOISE
Emergency generator shall comply with Chapter 10.48, Community Noise Control, of the
Cupertino Municipal Code.
6. GEOLOGICAL REQUIREMENTS
An updated soils report will be required prior to the issuance of a building permit.
PASSED AND ADOPTED this 12th day of May, 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, Roberts and Chairperson Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
( ABSENT: COMMISSIONERS: �
ATTEST: APPROVED:
(
, �
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C Robert S. Cowan Andrea B. Harris, Chairperson
Director of Community Development Cupertino Planning Commission
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