Reso 6592 V-2010-01
CITY OF CUPERTINO
10300 Torre Avenue
� Cupertino, California 95014
RESOLUTION NO. 6592
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING A VARIANCE TO ALLOW A LOT WIDTH OF 55 FEET IN AN R1-7.5
ZONING DISTRICT WHERE 60 FEET IS REQUIRED AT PROPERTY
NORTHERLY AND ABUTTING 10642 NORTH PORTAL AVENUE '
(APN'S 316-25-047 AND -048)
SECTION I: PROTECT DESCRIPTION
Application No.: V-2010-01
Applicant: Pam Yoshida (for Westwood Investors/Richard Gregersen)
Location: Property northerly and abutting 10642 North Portal Avenue
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
� Variance, as described on Section I. of this Resolution; and
WHEREAS, the necessary 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 Planning Commission finds that the applicant has met the burden of proof
required to support this application, and has met the following findings in order to grant the
variance:
1) There are exceptional or extraordinary circumstances or conditions applicable to the
property involved that do not apply generally to property in the same district in that the
lot is oversized (compared to the neighborhood) and triangular in shape. The most logical
subdivision design is a cul-de-sac style which is consistent with the general plan residential
land use density and the observed lot width of other interior cul-de-sac lots in the area.
2) The granting of the application is necessary, for the preservation and enjoyment of a
substantial property right of the applicant, and to prevent unreasonable property loss or
unnecessary hardship. The project site is three times the size of adjacent single-family
residential lots. Given its irregular shape and the need for vehicular access, a subdivision
' into two lots with widths comparable to other interior cul-de-sac lots is a reasonable use.
3) The granting of the application will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health, safety, and
general welfare, or convenience, and to secure the purpose of the title. The property is
proposed to be developed in accordance with the City's General Plan and development
standards. Potentially negative effects of living next to a highway are mitigated to the
extent feasible.
Resolution No. 6592 V-2010-01 April 13,2010
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for variance is hereby recommended for approval by
the Planning Commission of the City of Cupertino.
That the subconclusions upon which the findings and conditions specified in this Resolution
are based and contained in the Public Hearing record concerning Application V-2010-01 as
set forth in the Minutes of the Planning Commission Meeting of April 13, 2010 and are
, incorporated by reference though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: " TWO LOT/RESIDENTIAL SUBDIVISION/
NORTH PORTAL AVENUE/CUPERTINO, CALIFORNIA " prepared by MBA
ARCHITECTS dated January 21, 2010 and consisting of two sheets labeled GO and C-1
prepared by Westfall Engineers, Inc. dated February 2010, except as may be amended by
the conditions contained in this resolution.
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 13th day of April 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer, Kaneda
ATTEST: APPROVED:
Aarti Shrivastava, Director Pa 1 Brophy ha'
Community Development Department Planning Co is '
, g/planning/pdreport/res/2010/V-2010-01