Reso 6683 V-2012-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6683
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A VARIANCE TO ALLOW LOT WIDTHS OF APPROXIMATELY
55,45,40 and 54 FEET FOR LOTS N0. 1-4 RESPECTIVELY IN AN R1-6 ZONING DISTRICT WHERE 60
FEET IS REQUIRED AT PROPERTY AT THE WESTERN TERMINUS OF BOLLINGER ROAD
(APN 359-22-077)
SECTION I: PROTECT DESCRIPTION
Application No.: V-2012-01
Applicant: Mike McClellan (for Lands of Jauch Trust)
Location: Western terminus of Bollinger Road
SECTION II: FINDINGS
WHEREAS, the Planning Coinmission 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 Coinmission 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 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 widths of other interior cul-de-sac lots.
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 as proposed is consistent with the general plan land use residential density
and lot sizes exceed minimum requirements by a significant margin. The proposed reduced lot
width matches the pattern of other interior cul-de-sac lots in the area.
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 requirements for R1-zoned single-family homes. Lots are large enough
to allow flexibility in design and setbacks to meet all R1 zoning requirements without further
need for development exceptions or variances.
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-2012-01 as set forth in the Minutes
Resolution No.6683 V-2012-01 March 27,2012
of the Planning Commission Meeting of March 27, 2012 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: "TENTATIVE MAP/BOLLINGER ROAD, CUPERTINO/APN
359-22-77" prepared by Westfall Engineers, Inc. dated March 6, 2012 and consisting of four sheets
labeled 1 through 4, 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 Governxnent 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. TM-2012-01 shall be applicable to this approval.
PASSED AND ADOPTED this 27th day of March 2012, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Sun, Brophy, Lee, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: Chair Miller
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
rti ivastava, Direct Don Sun,Vice Chair
Community Development Department Planning Commission
g/planning/pdreport/res/2012/V-2012-01