Reso 6375 V-2006-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6375
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A VARIANCE TO ALLOW LOT WIDTHS OF APPROXIMATELY 58 FEET
INSTEAD OF 60 FEET FOR A PROPOSED TWO-PARCEL SUBDIVISION ON 21988
MCCLELLAN ROAD, AS RBQUIRED BY CHAPTER 19.28 OF THE CUPERTINO
MUNICIPAL CODE.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an application
for a Variance, 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 at least one
Public Hearing on this matter; and
WHEREAS, the applicant has meet the burden of proof required to support the application,
and has satisfied the following criteria:
1) That there are extraordinary or exceptional circumstances or conditions applicable to
the property involved that do not apply generally to properties in the same district .
2) That granting of the Variance is necessary for the preservation and enjoyment of
substantial property rights of the applicant, and to prevent unreasonable property loss
or unnecessary hardship.
3) That granting the Variance 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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, testimony, exhibits and other evidence
submitted in this matter, the application for Variance is hereby approved by the Planning
Commission of the City of Cupertino; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this Resolution are based are
contained in the public hearing record concerning Application V-2006-01, as set forth in the
Minutes of the Planning Commission Meeting of February 28 2006, and are incorporated by
reference as though fully set forth herein.
Resolution No. 6375 V-2006-01 February 28, 2006
Page -2-
SECTION II: PROTECT DESCRIPTION
Application No.: V-2006-01
Applicant: Jitka Cymbal (Jing and Roger Low)
Location: 21988 McClellan Road
SECTION III: CONDITIONS OF APPROVAL
1. APPROVED EXHIBITS
' Approved is based on the tentative map entitled "TENTATIVE MAP, LANDS OF
DANNY LEE, 21988 MC CLELLAN ROAD, CUPERTINO" by Westfall Engineers, Inc.,
dated January 2006, and consisting of two sheets labeled pages 1 and 2, except as may be
amended by the conditions contained in this resolution.
PASSED AND ADOPTED this 28th day of February, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
` AYES: COMMISSIONERS: Chairperson Miller, Vice-Chair Giefer, Saadati, Wong
Chen
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
�? �
,
Steve Piasecki Marty , Chair
Director of Community Development Cupertino Planning Commission
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