Reso 6191 EXC-2003-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6191
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO CONSTRUCT A
3,210 SQUARE FOOT RESIDENCE ON SLOPES GREATER
THAN 30% AND TO DEVELOP ON A SUBSTANDARD SIZE
HILLSIDE LOT LOCATED ON MERCEDES ROAD, APN #342-22-045
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2003-01, EA-2003-04
Applicant: Li-Sheng Fu (Dominic IP)
Location: Mercedes Road (APN 342-22-045)
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.6191 EXC-2003-01 May 27, 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 and
materials, 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 will utilize drought-tolerant native plants and
ground covers consistent with nearby vegetation, and which minimizes lawn areas.
12. The proposed development does not proposed any solid fencing.
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-2003-01 is hereby approved; 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-2003-01, as set forth in the Minutes of the Planning Commission
Meeting of May 27, 2003, and are incorporated by reference herein.
Resolution No.6191 EXG2003-01 May 27, 2003
Page 3
SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the Plan Set titled: "A New Single Family Home @ Section 419
APN 342-22-045 on Mercedes Rd., Cupertino, CA", consisting of 11 sheets labeled:
A-1 through A-8, P-1, L-1, and C-1 variously dated, except as may be amended by
conditions contained in this resolution.
2. SETBACK ADTUSTMENTS
The applicant shall adjust certain setbacks on the building construction drawings to
reflect a 10-foot front setback for the exterior stairwell wall and a minimum 5-foot
wide,first-story, roof over the terrace.
3. EXTERIOR LIGHTING
All exterior lighting shall be consistent with the RHS zoning design standards and
be approved by the Director of Community Development as part of the building
plan check.
4. PRIVACY LANDSCAPING
The applicant shall submit a privacy landscape plan as part of the building permit
plan set for all second-story windows and decks with views onto adjacent side yards
and rear yards whether existing or approved, but unbuilt. The privacy plantings
shall be native, drought-tolerant plants approved by the Director of Community
Development. Five, 24" boxed trees must be planted along the northeast property
line prior to the construction of the residence.
5. GEOTECHNICAL CONSIDERATIONS
The approval of all structural, foundation, improvement, grading and drainage
plans are subject to the recommendations outlined in the review letter prepared by
Cotton, Shires & Associates, Inc. (dated February 4, 2003), including the geological
analysis by Wayne Ting & Associates dated December 10, 2002, and geological site
investigation by Louis A. Richardson dated December 10, 2002, for this project.
6. TREE PROTECTION
. All Coast Live Oak trees depicted to remain on sheet A-2 of the approved plan
set shall be retained and protected in accordance with the recommendations
outlined in the arborist report prepared by David L. Chambers. dated 4/16/03.
Resolution No.6191 EXC-2003-01 May 27, 2003
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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$85,000 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.
7. 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 A2). 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 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. No specimen size trees shall
be removed in the right of way adjacent to the proposed on-street parking spaces.
8. 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.
9. 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
Resolution No.6191 EXC-2003-01 May 27, 2003
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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.
10. CONSTRUCTION OPERATION PLAN
The applicant/owner shall submit a construction operation plan to the Public
Works and Community Development Departments 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
undisturbed from grading and construction activities. The construction operation
plan shall also discuss construction-staging methods. The plan shall demonstrate
that emergency access along Mercedes road shall not be impeded.
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.
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.
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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.
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 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 may be 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.
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and post-
development calculations must be provided to identify if storm drainage facilities
need to be constructed or renovated.
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 obtain a storm drain
easement from the neighboring property prior to issuance of a Grading Permit.
Resolution No.6191 EXC-2003-01 May 27, 2003
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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
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: $1,444.80 est.
e.Power Cost: N/A
f.Map Checking Fees: N/A
g.Park Fees: $15,750.00
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 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.
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.
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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 (BMI''s), as required by the State Water
I 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.
15. NOI/NPDES PERMIT
� The applicant shall determine if a Notice of Intent (NOI)/National Pollutant
Discharge Elimination System (NPDES) permit may be required for his site.
16. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on-and off-site improvements.
i
� 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
�7L� C.� C��.. 1.��,
Ralph Qualls, Director of Public W
City Engineer CA License 22046
Resolution No.6191 EXC-2003-01 May 27, 2003
Page 9
PASSED AND ADOPTED this 27th day of May 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Miller, Wong and Chairperson Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Saadati
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
. � � ���t^-�—.
Steve Piasecki Angela en, Chairperson
Director of Community Development Cupertino Planning Commission
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