Reso 6179 EXC-2001-08
CITY OF CUPERTINO
' 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6179
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
� APPROVING A HILLSIDE EXCEPTION TO CONSTRUCT A 6,500 SQUARE-FOOT
' RESIDENCE ON A PROMINENT RIDGELINE, A DRIVEWAY ON SLOPES GREATER
THAN 30% AND GRADING QUANTITIES EXCEEDING 2,500 CUBIC YARDS ON A
VACANT SUBSTANDARD RESIDENTIAL HILLSIDE PROPERTY ON EL CERRITO
� ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2001-08
Applicant: Terry Brown (Amar Gupta)
� Location: El Cerrito Road (APN 341-31-001)
� 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 I 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.
� 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 accomplish a reasonable use of the parcel.
1
Resolution No. 6179 EXC-2001-08 Apri114, 2003
Page 2
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 envirorunental 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 consists of structures, which disrupt the natural
silhouette of ridgelines as viewed from established vantage points on the valley
floor; however:
a. The location of a structure on a ridgeline is necessary to avoid greater negative
environmental impacts.
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.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, Application No. EXC-2001-08 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 EXC-2001-08, as set forth in the Minutes of the Planning Commission
Meeting of Apri114, 2003, and are incorporated by reference herein.
Resolution No. 6179 EXC-2001-08 Apri114, 2003
Page 3
SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED RESIDENCE EXHIBITS
Approval of the residence and site improvements are based on the plan set
consisting of 8 sheets labeled: 1, A1, A2, A3, A4, A5, and L1.0, a colored elevation
labeled "Mr. & Mrs. Gupta," dated March 24, 2003, the approved material board,
and the photo-simulations labeled Exhibit A & B entitled "Project Visibility,"
except as may be amended by conditions contained in this resolution.
2. APPROVED DRIVEWAY EXHIBITS
The approval of the driveway aligrunent and design is based on the plan set
entitled: "El Cerrito, Paloma and Stella Roads," consisting of 11 sheets labeled 1 to
11 dated February 2003, except as may be amended by conditions contained in this
resolution.
3. GARAGE DESIGN
The architectural design of the garage is based on Exhibit H, with materials based
on the approved material board, except as may be amended by conditions
contained in this resolution.
4. TREE REMOVAL
The removal of 9 specimen size oak trees due to the installation of the driveway is
approved. Replacement shall be with nineteen 36" box oak trees on the eastern
slope of the subject site. All other trees on-site and off-site shall be retained and
protected throughout the grading and construction process. A bond or other
financial instrument in the amount of $10,000 shall be submitted to ensure tree
protection. The applicant shall retain a certified arborist to monitor the grading
and construction process. 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 Director of
Community Development indicating the implementation of the protection
measures during construction and the overall status of the trees, prior to
final occupancy of the dwelling. If the arborist recommends removal of
additional specimen trees with sufficient reasoning and documentation, the
Community Development Director is authorized to approve the removals
as part of this permit with a replacement ratio of 4 to 1 with 24" box native
trees planted at appropriate locations on the site. The tree protection 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.
Resolution No. 6179 EXC-2001-08 Apri114, 2003
Page 4
5. BUILDING SQUARE FOOTAGE
The total building area shall not exceed 6,500 sq. ft. The applicant shall amend the
approved plan set to convert the first-story retreat into an open veranda and the
four-car garage shall be converted into a two-car garage with one carport on either
side.
6. GEOLOGICAL/GEOTECHNICAL REVIEW
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
August 20, 2001), including the geological analysis by Hallenbeck & Associates
dated July 2, 2001. Final approval from the City's geological consultant shall be
required prior to the issuance of building permits.
7. RETAINING WALLS
The design of retaining walls for the proposed residence and driveway shall be
based on Exhibit C.
8. OUTDOOR LIGHTING
The applicant shall provide an outdoor lighting plan with the Building Permit
submittal, subject to the approval of the Director of Community Development.
The plan will be reviewed to ensure that off-site intrusion is minimized.
9. VERIFICATION OF VISIBILIT'Y
Prior to the issuance of a building permit and following the completion of on-site
grading, the applicant shall demonstrate that the visibility of the proposed project
will conform to the photographic simulations provided as part of the
environmental review. Limited story poles shall be installed to represent wall and
roof sections on the eastern section of the residence. If the visibility of the story
poles exceeds that of portrayed in the photographic simulations, then the applicant
shall take steps to bring the project into conformance with the photographic
simulations or request a modification to this resolution from the Planning
Commission.
10. 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 Stevens Canyon 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.
Resolution No. 6179 EXC-2001-08 Apri114, 2003
Page 5
11. CONSTRUCTION STAGING
Staging of building construction materials shall not occur on site until the
driveway is installed and approved by the County Fire Department.
12. 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.
13. GRADING &CONSTRUCTION HOURS
All grading activities shall be limited to the dry season (April 15 to October 1).
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.
14. DRIVEWAY LANDSCAPING
The applicant shall provide a generalized landscaping plan that will outline the
typical treatment for the driveway alignment, prepared by a certified arborist or
landscape architect, subject to approval by the Director of Community
Development.
15. ACCESS EASEMENT
The applicant shall provide an irrevocable offer for a 40' wide reciprocal
ingress/egress easements over the portion of the driveway on the subject site to
potential developers to the west. The easement will be centered on the centerline
of the driveway in the approved plan set. The reciprocal ingress/egress easement
shall be recorded on the subject property prior to the issuance of grading permits.
16. 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.
17. 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
Resolution No. 6179 EXC-2001-08 Apri114, 2003
Page 6
of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
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.
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 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.
4. 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. No hillside grading shall be
performed during the rainy season, which extends from October 1 to April 15.
5. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Development
in all other zoning districts shall be served by on site storm drainage facilities
connected to the City storm drainage system. If City storm drains are not
available, drainage facilities shall be installed to the satisfaction of the City
Engineer. Pre and post development calculations must be provided to determine
if drainage facilities need to be constructed on- site.
6. 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.
7. 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
Resolution No. 6179 EXC-2001-08 Apri114, 2003
Page 7
undergrounding 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/Retaining Wall Permit: $5% of Site Improvement Cost
c.Development Maintenance Deposit: $1,000.00
d.Storm Drainage Fee: $3,857.10
e.Power Cost: $150.00
f.Map Checking Fees: N/A
g.Park Fees: $15,750
h.Street Tree By Developer
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.
8. 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.
9. 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.
10. FIRE DEPARTMENT APPROVAL �
The developer shall attain written approval of the roadway/ retaining wall design
from the Fire Department. A copy of this document shall be sent to the Public
Works Department.
11. CITY GEOLOGISTS APPROVAL
The developer shall attain written approval of the roadway/ retaining wall design
from the City's Geologist.
Resolution No. 6179 EXC-2001-08 Apri114, 2003
Page 8
12. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off site improvements, which includes the roadway and the
retaining wall.
13. 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
� [.�, G� L�l
Ralph Qualls, Director of Public W
City Engineer CA License 22046
PASSED AND ADOPTED this 14th day of April 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:
ATTEST: APPROVED:
. �'�--
Ste e Piasec<i Angela hen, Chairperson
Director of Community Development Cuperti Planning Commission
G:\Planning\PDRFPC)PT\RF..,S\F.XC-2.007-OS res.doc