Reso 6705 V-2011-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6705 (DENIAL)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A VARIANCE TO ALLOW AN ATTACHED, FIRST-STORY DECK MORE THAN 18
INCHES ABOVE GRADE TO BE SETBACK ZERO FEET FROM THE SIDE PROPERTY LINE WHERE 10
FEET IS REQUIRED AT 21740 RAINBOW DRIVE (APN 366-03-063)
SECTION I: PROTECT DESCRIPTION
Application No.: V-2011-03
Applicant: Barre Barnes (for Holiday Drive, LLC)
Location: 21740 Rainbow Drive
SECTION II: FINDINGS
WHEREAS, the Planning Com�ussion 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 Coirunission has held one or more Public Hearings on this matter;
and
WHEREAS, the Planning Corrlmission finds that the applicant has not met the burden of proof required
to support this application, and has not met all of the following findings in order to grant the variance:
1) There are special circumstances applicable to the property that do not apply generally to property in
the same district. The development of the subject 1.6 acre parcel is severely restricted by the shape of the
lot, the location of the road, the preponderance of steep slopes and the presence of a 75-foot wide PG&E
easement which bisects the property. Approximately 4,100 square feet of the lot area or 5.9% of the lot is
suitable for residential development.
2) The special circumstances applicable to the property deprive the property of privileges enjoyed by
other property in the vicinity and under identical zoning classification. The RHS Zoning Ordinance
allows property owners to have a maximum flat yard area of 2,500 square feet. Due to site constraints,
the proposed deck is the flat yard area and amounts to about 759 square feet with the variance request.
Without the variance, the deck must be setback 10 feet from the property line, which reduces the deck by
375 square feet, leaving 384 square feet of deck area. Except for a small area in the front yard, the deck
represents the only flat yard area on this property.
3) The issuance of the variance will not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zoning in which such property is situated. The
granting of the variance will allow the property owner to provide a reasonably sized deck/flat yard area
that is not excessive compared to what surrounding RHS properties may develop.
4) The variance is not being issued for the purpose of allowing a use that is not otherwise expressly
authorized by the zone regulation governing the parcel of the property. The deck use is allowed in the
RHS zoning district.
Resolution No. 6705 V-2011-03 June 12,2012
5) The granting of the application will be detrimental or injurious to property or improvements in the
vicinity and will be detrimental to the public health, safety, and general welfare, or convenience, and to
secure the purpose of the title. The property is located in the Wildland Urban Interface Fire Area and the
deck variance does not provide a defensible fire safety space between the structures and wildland areas
of the Midpeninsula Open Space District. Granting the variance would not be consistent with the
Residential Hillside zoning requirement to site buildings and driveways as far as feasible from the
abutting public open space lands.
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 denied 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-2011-03 as set forth in the Minutes
of the Planning Corrunission Meeting of June 12, 2012 and are incorporated by reference though fully set
forth herein.
PASSED AND ADOPTED this 12th day of June 2012, at a Regular Meeting of the Planning Coininission
of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Vice Chair Sun, Lee, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Brophy
ATTEST: APPROVED:
,�' —
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G hao ty anner Mar iller Chair
ommunity Development Department Planning 'ssion
g/p(mtni�ig/pdreport/res/2011/V-2011-03res.doc