Reso 30182-V-87
CITY OF CUPERTINO
10430 So. De AnZa Blvd.
0xpertino, California 95014
RESOIL1TION No. 3018
OF THE PLWMr. CCMMSSION OF THE CITY OF CUPERTINO
FJXXMMENDING APPF40VAL OF A NrARIANCE FRCM
THE REAR YARD SEIMACK RE=UM?IS OF 00
SINGLE FAMILY RESIDENTIAL (R-1) ZONIM DISTRICT
SECTION 1: FINDINGS
WHEREAS, the Planning Ccmaission of the City of CLqDertino has received an
application for a variance, as described on Page 2 of this Resolution; and
WHEREAS, the necessary notices have been given in accordance with the
Procedural ordinance of the City of oipertino, and one or more Public
Hearings have been held by the Planning Cccmu-ssion; and
WHEREAS, the Planning Cmmnission finds that the application satisfies the
following criteria:
1) niat there are special conditions or exceptional characteristics in
the nature of the property to be affected, or that its location or
its surroundings are such as will permit the Coamission to make a
determination that a literal enforcanent of the ordinance would
result in practical difficulties or unnecessary hardships.
2) That the granting of the variance action is necessary for the
preservation and enjoyment of substantial property rights.
3) n1at the Hearing record demonstrates that the granting Of the
variance will not have a material, adverse impact upon the health or
safety of persons re iding or working in the neighborhood of the
property. Further, the manner in which the property will be used
subsequent to implementation of the variance action will not be
materially detrimental to the public welfare or injurious to the
value of property or inprovements located in the the vicinity of the
property affected by said variance.
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 recamnended for approval, subject to the conditions which are
emmv--rated in this Resolution beginning on Page 2 thereof; and
RESO=011 110. 3018 (2-V-87)
Page - 2 -
04/13/87
That the subconclusions upon which the findings and conditions specified
in this Resolution are based am contained in the Public Hearing record
concerning Application 2-V-87 as set forth in the Mimxtes of the Plaraiing
Ccumission meeting of April 13, 1987 and are incorporated by reference as
though fully set forth herein.
SECTION II: DESCRIPTION OF APPIZCATION
Application No (s) 2-V-8
Applicant: American Desicrn Enctineerincr
Property Owner: Joan and Reed Sparks
Location: Northwest corner of Santa Lucia Eond and
Merrinen Road
Parcel Area (Ac): 0.24 gross
VARIANCE From the rear setback requirements of the R1 (Single family
Residential Ordinance).
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Street widening, inprovements, and dedications shall be provided in
accordance with City Standards and specifications and as required by
the city Engineer.
2. CURB, GUITER & SIDEWALK
oarbs, gutters, sidewalks, and structures shall be installed to
grades and be constructed in accordance with standards specified by
the City Engineer.
3. LIGHMG
Street lighting shall be installed and shall be as approved by the
City Engineer. All on and off-site lighting shall designed to in no
way interfere with adjacent area and shall be no higher than the
maximum height permitted by the zone in which the property is
located.
4. FIRE HYDRAMM
Fire hydrants shall be located as required by the City.
RESOUMOIT No. 3018 (2-V-87) 04/13/87
Page -. 3 -
5. TRAFFIC CORIIML SI
Traffic control signs shall be placed at locations to be specified
by the City.
6. sTREET
Street trees will be planted in the public right-of-way and shall be
of a type approved by the City in accordance with the Stevens Creek
Boulevard Sidewalk Plan.
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Grading shall be as approved and required by the City Engineer in
accordanze with ordinance No. 214(a).
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Drainage shall be provided to the satisfaction of the City Erqineer.
,Ihe developer shal I be responsible for ccnplying with the
rMiamments or the Underground Utility Ordinance No. 331 and other
related ordinances and regulations of the city of Cupertino, and
shall make the necssary arrangements with the utility companies
involved for the installation of said facilities. The subdivider
sh, I I submit a detailed plan showirg Itility underground provisions -
('Ihis plan mist have prior approval of the utility caqpanies and the -
City Engineer.)
OERJ��om
The project developer shall enter into a developrent agreement with
the City of Cupertino providing for implementation of improvements
and payment of fees, including but not limited to checking and
inspection fees, storm drain fees, park dedication fees and fees for
undergratutUng of utilities. Said agreement shall be executed prior
to issuance of construction permits.
SECrION IV: CONDMONS AU=STERED BY THE PLANNING
11. APPFd=
The approval is based on Exhibits A, A-1, B and Informational of
Application 2-V-87 except as may be amended by adeliticnal conditions
enumerated herein.
RESOLUTION No. 3018 (2-V-87) 04/13/87
Page - 4 -
12. ENTITLEMENTS
The subject variance approval pertains specifically to the following
entitlements only:
A) Reduction of Rear yard setback for second story element from 25
feet to 13 feet.
B) Reduction of Rear yard setback for second story deck from 20 feet
to 10 feet.
No other variation from any prescribed regulations of the R-1
ordinance is authorized under this application.
The variance approval is based on the accuracy of the lot lines,
street dedications and building placement appearing on Exhibit A of
this Application. Inconsistencies or deviations from the
information appearing on said Exhibit may invalidate this variance
approval.
PASSED AND ADOPiL) this 13th day of April, 1987 at a Regular Meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo, and Chairman
Mackenzie
NOES: C0NMISSI0NERS: None
410 ABSTAIN: CONIMIISSIONERS: None
ABSENT: CO]1MISSIONERS: None
ATTEST: APPROVED:
VOtt-t(-01kAletA4 1n
Robert Cowan Do ckenzi , Ch '
Director of Planning Cupertino Planning Commission
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