Reso 6178 M-2002-09
EA-2002-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6178
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A HILLSIDE EXCEPTION (EXC-2001-0� TO
CONSTRUCT A 3,008 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: PROTECT DESCRIPTION
Application No.: M-2002-09, EA-2002-08
Applicant: Matt Pietras (Heung Ser Park)
Location: Mercedes Road (APN 342-22-044)
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.
Resolution No. 6178 M-2002-09, EA-2002-08 March 24, 2003
Page 2
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 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 there from), riparian corridors, and wildlife
habitats unless such location will create other, more negative environmental
impacts.
11. 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
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Resolution No. 6178 M-2002-09, EA-2002-08 March 24, 2003
Page 3
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. 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. M-2002-09, EA-2002-08 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 M-2002-09, as set forth in the Minutes of the Planning Commission Meeting
of March 24, 2003, and are incorporated by reference herein.
SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the Plan Set entitled: "New Park Residence, Mercedes Road,
Cupertino, California, consisting of 12 sheets labeled: A1.0, A1.1, A2.1- A2.4, A3.1-
' 3.3, L1 and two sheets of grading and drainage plans, and a colored elevation
labeled New Park Residence, Mercedes Road, Cupertino, Ca, March 24, 2003 and
material board dated June 26, 2002, except as may be amended by conditions
contained in this resolution.
Resolution No. 6178 M-2002-09, EA-2002-08 March 24, 2003
Page 4
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 November 8,
2002, shall be preserved.
. In addition, all the oak trees on the lot shown in Sheet L-1 shall be preserved.
. Existing vegetation and shrubs shall be retained as much as possible, except as
needed for building construction and fire protection.
■ Existing trees shall be protected during grading and construction as described in
the Tree Protection Plan prepared by Advanced Tree Care and dated November
8, 2002. The applicant shall retain 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 permit 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. 24" box) 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 all 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. (dated
July 22, 2002, November 1, 2002, December 9, 2002, and March 18, 2003), including
the geological analysis by Wayne Ting & Associates dated June 26, 2002, 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
Resolution No. 6178 M-2002-09, EA-2002-08 March 24, 2003
Page 5
to the City Geologist for review in order to ensure slope stability. All new
landscaping proposed shall be consistent or compatible with the existing native
species on site.
5. ON-STREET PARKING SPACES AND PROTECTION OF ADTACENT
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 A1.1). 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
i during construction. The road/parking 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 November 8, 2002,
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 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
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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
Resolution No. 6178 M-2002-09, EA-2002-08 March 24, 2003
Page 6
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 final
occupancy in order to alert future property owners to the limitations of the site.
10. CONSTRUCTION OPERATION PLAN
The applicant/owner shall submit a construction operation plan to the Planning
' Department for review and approval prior to issuance of building permits or the
` commencement of any grading activities. The plan shall clearly delineate the
limits of development and all slopes outside of the actual limits of construction
should remain in their natural condition and not used for staging areas. To be
� more specific, at least 40% of the lot shall be preserved and the construction &
grading activities shall be limited to areas between the drainage swales (northwest
of the drainage swale indicated on the grading plan sheet 1 of 2, north of the
drainage swale along the southerly property line and south of the drainage swale
along the northerly property line) and the proposed driveway. The construction
operation plan shall also discuss construction-staging methods. The construction
of the parking area on the north side of Mercedes Road should be considered for
� use as a primary staging area. The plan shall demonstrate that emergency access
along Mercedes road shall not be impeded at any time.
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11. GRADING/EROSION PLAN
The grading and erosion plans shall demonstrate the stabilization of the site and
'� ensure that there will be no or minimal site erosion. Erosion control measures
shall be reviewed and approved by Public Works Department prior to issuance of
grading and building permits.
12. GRADING & CONSTRUCTION HOURS
� All grading activities shall be limited to the dry season (April 15 to October 15).
Grading hours shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
Grading, street construction, demolition or underground utility work shall not
occur on Saturdays, Sundays and holidays, and during the nighttime period as
� defined in Section 10.48.053(b) of the Municipal Code. Construction activities shall
be limited to Monday through Friday, 7 a.m. to 8 p.m. & Weekends, 9 a.m. to 6
p.m. Construction activities are not allowed on holidays.
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Resolution No. 6178 M-2002-09, EA-2002-08 March 24, 2003
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SECTION V: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
' 1. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer. The
�plicant shall construct a 20�'oot wide street section, om propertu line out towards the
street per City Standards and Speci�ications. A dedication will be required to address the
20'street section. �
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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.
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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 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.
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5. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
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6. 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.
� 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
permits maybe required. Please contact Army Corp of Engineers and/or Regional
� Water Quality Control Board as appropriate.
The developer shall not perform any grading/excavation unless the Public Works
�, Department has approved an Erosion and Sediment Control Plan along with a
Grading Plan. A work schedule shall be provided to the City prior to receiving a
grading permit.
The applicant's grading plan and geotechnical report shall address the retaining of
the hillside to prevent the deposit of material onto the edge of the street.
Resolution No. 6178 M-2002-09, EA-2002-08 March 24, 2003
Page 8
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.
Since the storm drain system will be within the City's Right of Way, the design
must be constructed per City Standards. The applicant shall attain a storm drain
easement from the neighboring property prior to issuance of a Grading Permit.
Also, a type of curtain drainage shall be designed and constructed towards the
southern portion of the lot to prevent any type of water from going towards the
foundation.
9. FIRE 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
i 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 $2,300.00 minimum
' b. Grading Permit: $5% of Site Improvement Cost or$185.00 minimum
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
Resolution No. 6178 M-2002-09, EA-2002-08 March 24, 2003
Page 9
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Bonds:
a. Faithful Performance Bond: 100% 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 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.
Also, included are plan check comments for the aforementioned site. The
developer must review and revise plans for approval prior to any commencement
of work.
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.
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.
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-Q
Ralph Qualls, Director of Public Wor s
City Engineer CA License 22046
Resolution No. 6178 M-2002-09, EA-2002-08 March 24, 2003
Page 10
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� PASSED AND ADOI'TED this 24th day of March 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Miller, Saadati, Wong and Chairperson Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
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ATTEST• APPROVED:
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Steve Pia cki Angela C , Chairperson
Director of Community Development Cupertino Planning Commission
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