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Reso 6170 EXC-2002-10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6170 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A HILLSIDE EXCEPTION TO BUILD A 4,538 SQUARE FOOT RESIDENCE ON A PROMINENT RIDGELINE AND ON SLOPES GREATER THAN 30%, TO GRADE MORE THAN 2,500 CUBIC YARDS AND TO CONSTRUCT SECOND STORY DECKS AT 11837 UPLAND WAY SECTION I: PROJECT DESCRIPTION � Application No.: EXG2002-10 Applicant: Chung Yeh Location: 11837 Upland Way i SECTION II: FINDINGS FOR EXCEPTION WHEREAS, the Planning Commission of the City of Cupertino received an application for a hillside exception, as described in this Resolution; and WHEREAS, the Planning Commission finds the following with regard to this application: 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. 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 i modification of, or deviation from, the development regulations prescribed in this chapter necessary to accomplish a reasonable use of the parcel. 5. All alternative locations for development on the parcel have been considered and have Ibeen 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 detertnined by expert testimony to be unsafe or hazardous to structures or persons residing therein. (See General Plan Policy 2-49.) 7. The proposed development includes grading and drainage plans which will endure � that erosion and scarring of the hillsides caused by necessary construction of roads, Resolution No. 6170 EXC-2002-10 January 13, 2003 Page 2 housing sites, and improvements will be minimized. (See General Plan Policies 2-53, 2-54 and 2-57.) 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 unless either: a. The location of a structure on a ridgeline is necessary to avoid greater negative environmental impacts; or b. The structure could not otherwise be physically located on the parcel and the size of the structure is the minimum which is necessary to allow for a reasonable use of the parcel. (See General Plan Policies 2-46, 2-47 and 2-48.) 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. (See General Plan Policies 2-46, 2-50, 2-51 and 2-52.) 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. (See General Plan Policies 2-55, 5-14 and 5-28.) 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. (See General Plan Policies 2-54, 5-15 and 5-16.) 12. The proposed development confines solid fencing to the areas near a structure rather than around the entire site. ( See General Plan Policy 5-17.) 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. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, Application No. EXC-2002-10 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 EXC-2002-10, as set forth in the Minutes of the Planning Commission Meeting of January 13, 2003, are incorporated by reference herein. , SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Sheets C.1,Nelsen Engineering Sheets 1 —4 , and Sheets A.l-6 and L1 and the submitted material board except as may be amended by this resolution. ( Resolution No. 6170 EXC-2002-10 January 13, 2003 Page 3 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR UTHER 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. SECTION N: CONDITIONS ADMINSTERED BY THE PUBLIC WORKS DEPARTMENT 3. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. � 4. 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. 5. 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 adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 6. FIRE HYDRANT Fire hydrants shall be located as required by the City. 7. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 8. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 9. GR.ADING 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 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 10. DR.AINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- I development calculations must be provided to identify how much runoff will be directed to our storm drain facilities. Resolution No. 6170 EXC-2002-10 January 13, 2003 Page 4 � 11. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 12. 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. 13. 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking&Inspection Fees: $ 5% of Off-Site Improvement Cost or $2,268.00 minimum b. Grading Permit: $ 5% of Site Improvement Cost c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: $ 2,420/acre e. Power Cost: ** f. Map Checking Fees: N/A g. Park Fees: N/A Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor&Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the current 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 permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one-year power cost for streetlights � 14. 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. 6170 EXC-2002-10 January 13, 2003 Page 5 15. 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. �� 16. 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. 17. DRIVEWAY CONSTRUCTION The geologists shall submit a reevaluation for the driveway construction after completion of the residence construction activity. The City and the City's geologist must review and approve the evaluation prior to the release of improvement bonds. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices c,��/�.�c�c s Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 13th day of January, 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Auerbach, Chen, Saadati, Wong and Chairperson Corr NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROV 1 �, Steve Piasecki Charles Corr, Chairperson Director of Community Development Cupertino Planning Commission g:/planning/pdreport/res/EXG2002-10