Reso 6234 EXG2003-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6234
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO CONSTRUCT A 3,305 SQUARE FOOT
RESIDENCE WITH DEVELOPMENT ON SLOPES GREATER THAN 30% AT 22551
RICARDO ROAD, LOT #3
SECTION I: PROIECT DESCRIPTION
Application No.: EXC-2003-03
Applicant: Ray Nezhad
Location: 22551 Ricardo Road, Lot #3
SECTION II: FINDINGS FOR 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.
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.
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.
(See General Plan Policies 2-49.)
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Resolution No.6234 EXC-2003-03 April 12, 2004
Page 3
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.
3. 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.
4. GEOTECHNICAL CONSIDERATIONS
The approval of all foundation, improvement, grading and drainage plans are
subject to the recommendations outlined in the review letter prepared by Cotton,
Shires & Associates, Inc. and dated Apri130, 2003, including reference letters and
reports prepared by Terresearch, Inc. and Cleary Consultants, Inc. for this project.
5. PRIVACY LANDSCAPING PLAN
The privacy landscaping plan shall be revised at the building permit stage to reflect
existing and proposed trees and shrubs and include three 36" box Deodar Cedars in
the rear yard in accordance with file no. 02-INT-01. The applicant shall consult and
seek the written agreement of the adjacent property owner that fronts on Miramonte
Road as far as the placement of the privacy trees in the rear yard of the subject
property.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
6. 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.
7. PRIVATE STORM DRAIN LINE
Prior to building permit approval, the applicant shall provide evidence of a
maintenance agreement for the storm drainage line along the rear of the subject
property.
Resolution No.6234 EXC-2003-03 April 12, 2004
Page 4
PASSED AND ADOPTED this 12th day of April 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and
Chairperson Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPRO D:
�
,
Steve Piasecki T ' aadati, Chairman
Director of Community Development upertino Planning Commission
g•/planning/pdreport/res/EXC-2003-03