Reso 4945 9-EXC-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION 4945
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO CONSTRUCT A DECK ON
SLOPES GREATER THAN 30% IN ACCORDANCE WITH
CHAPTER 19.28.050 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:
1. 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.
Model Resolution 4945 9-EXC-98 July 13, 1998
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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:
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 9-EXC-98, as set forth in the
Minutes of the Planning Commission meeting of July 13, 1998, and are incorporated by
reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No: 9-EXC-98
Applicant: George Marcinkowski
Property Owner: George and Barbara Marcinkowski
Project Location: 10211 Byrne Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
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1. APPROVED EXHIBITS
The recommendation of approval is based upon the plan set dated May 6, 1998, sheet 1,
except as may be amended by the conditions contained in this resolution.
2. DONATION OF TWO TREES TO BLACKBERRY FARM GOLF COURSE AND SIX
ON-SITE TREES
� Property owner shall donate two 20-gallon 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. The species of the six on-site trees depicted on sheet 1 shall be cypress or
another species approved by staff.
Model Resolution 4945 9-EXC-98 July 13, 1998
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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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
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.
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 engineering practices.
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Bert Viskovich, City Engineer
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Model Resolution 4945 9-EXC-98 July 13, 1998
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PASSED AND ADOPTED this 13t'' 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
.
Robert Cowan Donna Austin, Chairwoman
Community Development Director Cupertino Planning Commission
g:/pdreport/res/r9exc98
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