Reso 4944 11-EXC-93 (M)
CITY OF CUPERTINO
10300 Tone Avenue
Cupertino, California 95014
RESOLUTION NO. 4944
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE MODIFICATION TO DECREASE DRIVEWAY
SLOPE AND MODIFY RETAINING WALL HEIGHTS ON A RESIDENTIAL
HILLSIDE LOT AT 11845 UPLAND WAY
SECTION I: PROJECT DESCRIPTION
Application No.: 11-EXC-93 (M)
Applicant: Sol Kutner
Location: 11845 Upland Way
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an exception, as described on Page 1 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) The proposed modification will not be injurious to property and improvements in
the area and will improve public safety.
2) The proposed modification will alleviate a potentially hazardous situation for
pedestrians and vehicular traffic.
3) The proposed modification does not affect existing legal access to public streets
and public services that serve the development.
4) The proposed modification involves the least deviation from development
regulations necessary to protect public safety.
5) Alternative locations to the proposal would create greater environmental impacts.
6) The proposed modification does not consist of structures on or near known
geological or environmental hazards which have been determined to be unsafe or
hazardous to structures or persons residing therein.
Resolution No. 4944 11-EXC-93 (M) July 13, 1998
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7) The proposed modification includes grading and drainage plans which will
minimize erosion and scarring of hillsides.
8) The proposed modification would not disrupt the natural silhouette of the
ridgelines.
9) The proposed modification includes landscape conditions to blend such structures
' with the natural hillside environment.
10) The proposed modification is located on the parcel as far as possible from public
open space.
11) The proposed modification requires landscape plan revisions which meet City
requirements.
12) The proposed modification does not involve solid fencing.
13) The proposed modification is otherwise consistent with the City's General Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the exception to the sign program 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
11-EXC-93 (M), as set forth in the Minutes of the Planning Commission Meeting of July
13, 1998, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled "Proposed Driveway Grades,
Czisch Residence" dated 1/15/98 and consisting of 5 pages, except as may be amended
by the Conditions contained in this Resolution.
2. ARCHITECTURAL AND SITE APPROVAL FOR LANDSCAPING
REVISIONS
The driveway and retaining wall revisions require additional review of the previously
approved landscape plan. The applicant shall seek architectural and site approval of
landscape revisions prior to occupancy permit issuance.
Resolution No. 4944 11-EXC-93 (M) July 13, 1998
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3. � NOTICE OF FEES, DEDICATIONS, 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.
PASSED AND ADOPTED this 13"' day of July, 1998, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Harris, Mahoney, Stevens and Chairwoman Austin
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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,
Robert S. Cowan Donna Austin, C airwoman
Director of Community Development Cupertino Planning Commission
g:/planning/res/I 1 exc93m
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