Reso 6108 07-EXC-O 1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6108
� OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO CONSTRUCT A 2,216 SQUARE FOOT
RESIDENCE ON SLOPES GREATER THAN 30% AND TO DEVELOP ON A
SUBSTANDARD LOT AND A PARKING EXCEPTION TO TANDEM OPEN PARKING
SPACES ON A RESIDENTIAL HILLSIDE PROPERTY ON MERCEDES ROAD
SECTION I: PROJECT DESCRIPTION
(
Application No.: 07-EXC-01, 11-EA-01
Applicant: Chihua Wei
Location: Mercedes Road
SECTION II: FINDINGS FOR HILLSIDE 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 met the burden of proof required to support this application, and
has satisfied 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 because the project provides adequate parking for the site because the project
provides two on-street parking spaces as well as the required number of on-site parking
spaces.
, 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
Resolution No. 6108 07-EXC-Ol September 24, 2001
Page 2
accomplish a reasonable use of the parcel because the residence is designed to reduce visual
impacts and to minimize grading on the site.
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, which have been determined by expert testimony to be unsafe or
hazardous to structures or persons residing therein.
7. The proposed development includes grading and drainage plans, which will ensure that
erosion and scarring of the hillsides caused by necessary construction of roads, housing
sites, and improvements will be minimized.
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.
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.
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.
1 l. The proposed development includes a landscape plan, which 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.
12. The proposed development confines solid fencing to the areas near a structure rather than
around the entire site.
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.
SECTION III: FINDINGS FOR PARKING EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Hillside Exception, as described on Section III 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 met the burden of proof required to support this application, and
has satisfied the following requirements:
Resolution No. 6108 07-EXC-01 September 24, 2001
Page 3
1. There are extraordinary conditions not generally applicable to similar uses which justify the
exception in that the lot is excessively sloped (average slope 47%) and conformance to the
code would require excessive grading and potential destabilization of the soil;
2. The exception departs from the requirements of this chapter to the minimum degree
necessary to allow the project to proceed, because the project provides the two (2) required
off-street open parking spaces, except that they are tandem and not functionally independent
� as required in the parking code; and
3. The exception will not adversely affect neighboring properties by causing unreasonable
numbers of vehicles to park on the neighboring properties or upon public streets, because the
project provides the two (2) required off-street parking spaces.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, Application No. 07-EXC-01 is hereby recommended for approval; and
� That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application 07-EXC-01, as set
forth in the Minutes of the Planning Commission Meeting of September 24, 2001, and are
incorporated by reference herein.
SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBTTS
Approval is based on the Plan Set entitled: "New Residence for Chihua Wei on Mercedes
Road, Cupertino, California, consisting of 9 sheets labeled: A1.0, A2.1-2.3, A3.1-3.3, L1 and
C1 (sheets 1-2), and a colored elevation and material board labeled "Mercedes Rd., Owner:
Chihua Wei", except as may be amended by conditions contained in this resolution.
2. TREE PROTECTION AND LANDSCAPING
■ All trees with 10 inches or greater diameter as shown on Sheet L-1 and indicated in the
arborist report prepared by Advanced Tree Care and dated July 19, 2001 and August 23,
2001, shall be preserved.
■ In addition, the 8" oak in the front yard as shown in Sheet L-1 shall be preserved.
■ Shrubs shall be retained as much as possible, except as needed for building construction
and fire protection.
■ Existing trees sha11 be protected during grading and construction as described in the Tree
Protection Plan prepared by Advanced Tree Care and dated July 19, 2001. The applicant
shall retain an I.S.A. certified arborist to monitor construction and implement the
recommendations outlined in the aforementioned report. The retained arborist shall
prepare two review letters to be submitted to the Director of Community Development.
The first letter shall confirm that all tree protection measures are in place prior to grading
Resolution No. 6108 07-EXC-01 September 24, 2001
Page 4
pernut approval. The second letter shall be delivered by the arborist to the Community
Development Director indicating the implementation of the protection measures during
construction and the overall status of the trees, prior to final occupancy of the dwelling.
■ A bond or other financial instrument in the amount of $10,000 shall be submitted to
ensure tree protection. The bond may be released following receipt of the aforementioned
second letter indicating that the trees have been adequately protected during development
and are expected to survive.
� ■ Two additional oaks (min. 36" box unless otherwise advised by the consultant arborist)
shall be planted in the front yard to reduce visual impacts on downhill properties.
■ Additional privacy planting conforming with the City's Privacy Protection Requirements
as per Section 19.28.060H will be required along the east property line to mitigate
privacy impacts due to the decks on the east elevation.
3. GEOTECHNICAL CONSIDERATIONS
The approval of a11 structural, foundation, improvement, grading and drainage plans are
( subject to the recommendations and supplemental Geological criteria outlined in the review
letter prepared by Cotton, Shires & Associates, Inc. and dated July 6, 2001, including the
geological analysis by Wayne Ting & Associates dated May 23, 2001, and geological site
investigation by Louis A. Richardson dated April 17, 2001, for this project. Building plans
shall include necessary revisions to the placement of leach lines to comply with
recommendations, updated topographic contours that accurately portray the site topography
and siting and detailing of the proposed catchment/diversion embankment.
4. FUTURE LANDSCAPING AND IRRIGATION
Any future plans to landscape/ irrigate the site are subject to the review and approval of the
Director of Community Development. Said plans will be forwarded to the City Geologist for
review in order to ensure slope stability.
5. ON-STREET PARKING SPACES AND PROTECTION OF ADJACENT VEGETATION
The applicant shall provide paving to accommodate 2 parallel parking spaces along the north
side of Mercedes Road as indicated in the site plan (sheet A1.0). The on-street parking
spaces, garage pad, driveway and retaining walls shall be constructed prior to beginning
construction on the project and shall be used as a staging area during construction. The
roadJparking area in the right-of-way in front of the applicant's lot shall be repaired in the
event of damage after project construction is completed in accordance with Public Works'
standards. The applicant's arborist shall review the plan to ensure that no trees are removed
in the right of way adjacent to the proposed on-street parking spaces. Tree protection
measures indicated in the arborist's reports by Advanced Tree Care dated July 19, 2001 and
August 23, 2001, shall be complied with to ensure protection of the trees during construction.
6. CONSTRUCTION PRACTICES
A garbage/debris container shall be placed on the site to store debris and the project site shall
be cleared of debris at the end of every day during project construction. The container shall
Resolution No. 6108 07-EXC-01 September 24, 2001
Page 5
be emptied regularly such that no garbage is visible over the rim of the container. Only one
portable toilet shall be permitted on the construction site. The portable toilet shall be placed
on the project site and in the least visible location from Mercedes Road, subject to review by
the Building Official. The portable toilet shall be allowed only during the period of project
construction and shall be removed immediately after completion of construction.
7. CONFIRMATION OF PROPERTY LINE SURVEY
� A licensed civil engineer shall confirm the location of property lines prior to issuance of
building permits.
8. 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 Government 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.
9. RECORDATION OF CONDITIONS OF APPROVAL
The conditions of approval for the project shall be recorded prior to �nal occupancy in
order to alert future property owners to the limitations of the site.
SECTION V: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
l. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standazds and specifications and as required by the City Engineer. As part of the design of
street improvements, soils investigations shall be performed to the satisfaction of the City
Engineer.
2. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
3. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference to
Resolution No. 6108 07-EXC-01 September 24, 2001
Page 6
adjoining properties, and shall be no higher than the maximum height permitted by the zone
in which the site is located.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
( 5. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
6. STREET TREES
Street trees shall be planted within the Public Right of Way and sha11 be of a type approved
� by the City in accordance with Ordinance No. 125.
7. GRADING
� Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. 401 Certifications and 404 pernuts maybe
� required. Please contact Army Corp of Engineers and/or Regional Water Quality Control
Board as appropriate.
The applicant shall provide an interim erosion and sediment control plan (interim plan) in
accordance with the requirements of Chapter 16.08 of the Cupertino Municipal Code and
these conditions. The interim plan shall be prepared, signed, and stamped by a Civil
Engineer registered to practice in the State of California. The interim plan sha11 also show
the location of vehicle and equipment storage and cleaning, location of equipment access to
the work, the sequence of work including measures taken to control erosion and sediment
during each portion of work, and a detailed schedule indicating the performance of each
portion of work and the installation of related erosion and sediment control improvements.
The approval of an interim plan and grading plan indicating work during the period from
October 1 to April 15 sha11 be at the discretion of the City Engineer.
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across
public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless the City Engineer
deems storm drain facilities necessary. Development in all other zoning districts shall be
served by on site storm drainage facilities connected to the City storm drainage system.
The storm drain system within the City's right of way shall be constructed in accordance
with the Standard Specifications and the City's Standard Details. The applicant shall
obtain easements acceptable to the City for storm drain facilities located outside of the
applicant's property and City's street right of way prior to issuance of a grading permit. In
addition, the applicant shall maintain the on-site storm drain system to ensure proper
operation.
Resolution No. 6108 07-EXC-01 September 24, 2001
Page 7
9. FIIZE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
10. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance
No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
( coordinate with affected utility providers for installation of underground utility devices.
The developer shall submit detailed plans showing utility underground provisions. Said
plans shall be subject to prior approval of the affected Utility provider and the City
Engineer.
� 11. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees,
� storm drain fees, park dedication fees and fees for under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
( Fees:
a. Checking & Inspection Fees: $ 5% of Site Improvement Cost or $2,268.00 min.
b. Grading Permit: $ 6°Io of Site Improvement Cost or $182.12 min.
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $ 365.00
e. Power Cost: N/A
f. Map Checking Fees: N/A
g. Park Fees: $ 15,750.00
Bonds:
a. Faithful Performance Bond: 100°Io of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvements
c. On-site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the cunent fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of
recordation of a final map or issuance of a building pernut in the event of said change or
changes, the fees changed at that time will reflect the then current fee schedule.
12. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures
shall be screened with fencing and landscaping or located underground such that said
equipment is not visible from public street areas.
Resolution No. 6108 07-EXC-Ol September 24, 2001
Page 8
13. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the subject
development.
14. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be included
in your grading and street improvement plans. Erosion and or sediment control plan shall
be provided.
PASSED AND ADOPTED this 24th day of September 2001, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
( AYES: COMMISSIONERS: Corr, Patnoe, Chen, Auerbach and Chairperson Kwok
� NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST• APP,�OVED:
'f
1�
, ,.
A.
� , ,�
Steve Piasecki Patrick Kwok, Chairperson
Director of Community Development Cupertino Planning Commission
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