Reso 4065CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4065
• i - �' • r o •' • • -�- �'.•
e i CH • �', :...• • :M -• •-• a :, .
SECTION 1: FINDINGS
�, the Planning, Commission of the City of Cupertino has received an
application for a Variance, as described on Page 2 of this Resolution; and
WHEPMAS, the necessary notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and one or more Public
Hearings have been held by the Planning Commission; and
WHEREAS, the Planning Commission finds that the application satisfies the
following criteria.
1) That 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 Commission to make a
determination that a literal enforcement 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 righted
3) That the Hearing record demonstrates that the granting of the
variance will not have a material, adverse impact upon the health or
safety of persons residing 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 improvements located an 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 recommnended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
11
RESOIDTION NO. 4065 (3 V1 88)
PAGE e 2 0
6/27/88
0
11
BE IT FURTHER RESOLVED-
That the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 3 V-88 as set forth in the Minutes of the Planning
Commission meeting of May 24, 1988 and. June 27, 1988 and are incorporated
by reference as though fully set forth herein.
SECTION II- PROJECT DATA
Application No(s)-
Applicant-
Property Owner.-
Location. -
SECTION III- CONDITIONS ADY=STERED BY THE PLANNING DEPARTMENT
The recommendation of approval is based on Exhibits A 2nd Rev., A-1
2nd Rev., B 2nd Revision, B-1 2nd. Revision, Info. 1 2nd Rev., and
Info. 2 2nd Rev. of Application 3 V 88 except as may be amended by the
Conditions contained in this Resolution.
2. TREE PROTECTION
The applicant shall provide a plan for preservation of the existing
Pine trees along the north and east. property lines. Said plan shall
include graphic depiction of protection devices to be installed along
the dripline perimeter of each tree for the duration of construction
activities. The plan shall include a written report from a consulting
arborist or landscape architect, and which shall detail measures to be
taken to ensure the survival of said Pine trees during and after
construction. If it is not possible to save the trees along the north
property line, the applicant shall replace the trees with 24 inch box
specimen trees of a skies to be approved by staff.
The applicant shall plant a landscape buffer along the west property
line to protect the privacy of the adjoining property owner. Said
landscaping may be placed on the duplex property and/or on the subject
site. The landscaping shall be subject to the approval of the
Planning Department.
RESOLUTION NO. 4065 (3 V 88) 6/27/88
PAGE o 3 a
PASSED AND ADOPTED this 27th day of June, 1988 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, Mackenzie, Szabo and Chairperson
Sorensen
NAYS,. COMMISSIONERS*. None
ABSTAIN,. COMMISSIONERS,. None
ABSENT,. COMMISSIONERS: None
ATTEST., APPROVED,.
Robert Cowan
Director of Planning
RES3V88(L9)
0
0
La lee Sorensen,, Chairman
Cupertino Planning Commission