Reso 6457 EXG2007-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6457 (DENIAL)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A HILLSIDE EXCEPTION FOR A 689 SQUARE FOOT ADDITION TO
EXCEED THE MAXIMUM ALLOWABLE FLOOR AREA RATIO IN THE
RESIDENTIAL HILLSIDE ZONE AND TO ALLOW FOR DEVELOPMENT ON A
PROMINENT RIDGELINE
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2007-02
Applicant: Jennifer Jodoin
Property Owner: Janet M. DeCarli
Location: 11640 Regnart Canyon Road
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Hillside Exception, as described on Section II 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 applicant has not met the burden of proof required to support this
application, and has not satisfied all of the following requirements:
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
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 that have been determined by expert
Resolution No. 6457 EXC-2007-02 (Denial) Apri124, 2007
Page 2
testimony to be unsafe or hazardous to structures or persons residing therein.
(See General Plan Policies 2-48.)
7. The proposed development includes grading and drainage plans that will
ensure that erosion and scarring of the hillsides caused by necessary
construction of roads, housing sites, and improvements will be minimized.
(See General Plan Policies 2-53, 2-54 and 2-57.)
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 be physically located on the parcel
and the size of the structure is the minimum that is necessary to allow
for a reasonable use of the parcel. (See General Plan Policies 2-46, 2-47
and 2-49.)
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. (See General Plan Policies 2-
46, 2-50, 2-51 and 2-52.)
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. (See General Plan Policies 2-55, 5-14 and 5-28.)
11. The proposed development includes a landscape plan that 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. (See General Plan Policies 2-54, 5-15 and 5-16.)
12. The proposed development confines solid fencing to the areas near a
structure rather than around the entire site. (See General Plan Policy 5-17.)
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, testimony and other evidence
submitted in this matter, application no. EXC-2007-02 is hereby denied; and
That the subconclusions upon which the findings specified in this Resolution are based
and contained in the Public Hearing record concerning Application EXC-2007-02, as set
forth in the Minutes of the Planning Commission Meeting of April 24, 2007, and are
incorporated by reference herein.
Resolution No. 6457 EXC-2007-02 (Denial) Apri124, 2007
Page 3
PASSED AND ADOPTED this 24th day of April 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Chien, Miller
Kaneda
NOES: COMMISSIONERS: Wong
ABSTAIN: COMMISSIONERS: none
ABSENT• COMMISSIONERS: none
ATTES AP OV�: ,
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Steve iasecki Lisa 'efer, C�l �'frpersQ
Director of Community Development Planning ommi'ssion
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