Reso 5000 16-EXC-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5000
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HILLSIDE
EXCEPTION TO CHAPTER 19.40.050 J, RESIDENTIAL HILLSIDE ZONES TO ALLOW AN
ADDITION TO A RESIDENCE ON A PROMINENT RIDGELINE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Hillside
Exception, as described in this Resolution; and
WHEREAS, the applicant has demonstrated a compelling reason for granting an exception and has met
the following findings for a Hillside Exception as required in Section 19.40of the Cupertino Municipal
Code:
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 modif cation 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 and 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 herein.
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 minimized.
8. The proposed development does not consist of structures which would disrupt the natural silhouette
or 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 be 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.
9. The proposed development consists of structures incorporating designs, colors, materials, and
outdoor lighting which blend with the natural hillside environment and which are designed in
such a manner as to reduce the effective visible mass, including building height, as much as
possible without creating other negative environmental impacts.
10. The proposed development is located on the parcel as far as possible from public open space
preserves or parks (if visible therefrom), riparian corridors, and wildlife habitats unless such
location will create other, more negative environmental impacts.
Resolution No. 5000 16-EXC-98 January 11, 1999
Page -2-
11. The proposed development includes a landscape plan which retains as many specimen trees as
possible, which utilizes drought-tolerant native plants and ground covers consistent with nearby
vegetation, and which minimizes lawn areas.
12. The proposed development confines solid fencing to the areas near a structure rather than around
the entire site.
13. The proposed development is otherwise consistent with the City's General Plan and with the
purposes of this chapter as described in Section 19.40.010.
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 16-EXC-98, as set forth in the minutes of the
Planning Commission Meeting of January 1 l, 1999, and are incorporated by reference as though fully
set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s): 16-EXC-98
Applicant: Janet M. DeCarli
Property Owner: Same
Project Location: 11640 Regnart Canyon Drive
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
Approval is based on E�chibits 1-6, dated 11/17/95, except as may be amended by the Conditions
contained in this resolution.
2. ALLOWED USE
The addition shall not have a full kitchen and shall not be used as a second living unit.
3. GEOLOGICAL REQUIREMENTS
The recommendations of the applicant's geologist(Terratech,November 21, 1995) and the City's
geologist (William Cotton & Associates, January 2, 1996) shall be implemented at the building
permit stage.
4. SANITARY SEWAGE SYSTEM
The septic tank shall be pumped and two gas tight septic tank risers shall be installed prior to
issuance of the building permit, as required by the Santa Clara County Health Department (letter
of Suzanne F. Muzzio, December 28, 1995).
Resolution No. 5000 16-EXC-98 January 11, 1999
Page -3-
5. FIRE PROTECTION
Fire protection shall be assured by either increasing the fire flow or providing a sprinkler system
through the entire residence.
6. LANDSCAPING
A landscaping plan for screening the new addition shall be approved by staff and implemented
prior to issuance of a building permit.
7. DRAINAGE
A drainage plan shall be approved and implemented prior to issuance of a building permit.
PASSED AND ADOPTED this llth day of January, 1999 at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Mahoney, Stevens, and Chairwoman Austin
NOES: COMMISSIONERS: Harris
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED
Robert Cowan o a Austin, Chairwoman
Community Development Director Cupertino Planning Commission
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