Reso 5051 r
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` 4-EXC-99
CITY OF CUPERTINO
10300 Torre Avenue
� Cupertino, California 95014
• RESOLUTION NO. 5051
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� OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION FOR A 400 SQUARE FOOT ADDITION TO AN
EXISTING RESIDENCE ON A PROMINENT RIDGELINE AT 22770 MERCEDES
� ROAD
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SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
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Hillside 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 demonstrated a compelling reason for granting an exception and
has met the following findings for a Hillside Exception as required in Section 19.40 of 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 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 minimized.
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Resolution 5051 4-EXC-99 June 14, 1999
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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 pazcel 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.
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 4-EXC-99, as set forth in the
Minutes of the Planning Commission meeting of June 14, 1999, and are incorporated by
reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No: 4-EXC-99
Applicant: Charles Williams
Project Location: 22770 Mercedes Road
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Resolution 5051 4-EXC-99 June 14, 1999
Page -3-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the submitted site plan and elevations.
2. 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 14`h day of June, 1999, at a Regular Meeting of the Planning
, Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Kwok, Stevens and Chairman Doyle
NOES: COMMISSIONERS:
� ABSTAIN: COMMISSIONERS:
i ABSENT: COMMISSIONERS: Harris
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ATTEST: APPR
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C.U�tJOu� /' � � r' ,�^
Robert Cowan David Doyle, Chairm
�� Community Development Director Cupertino Planning Commission
g:/pdreport/res/4EXC99
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