Reso 4871 10-EXC-97
CITY OF CUPERTINO
10300 Tone Avenue
Cupertino, California 95014
RESOLUTIflN NO. 4871
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING BY VIRTUE
OF A 2-2 VOTE A MOTION TO APPROVE A HILLSIDE EXCEPTION TO CONSTRUCT A NEW
4,547 SQ. FT. RESIDENCE ON A 2.56 ACRE ON A LEGAL, SUB-STANDARD LOT, PROMINENT
RIDGELINE, SLOPES GREATER THAN 30% AND TO EXCEED 2,500 CUBIC YARDS OF
GRADING, IN CONFORMANCE WITH CHAPTER 19.40 OF THE CUPERTINO MUNICIPAL CODE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an application for an
Exception, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been give in accordance with the Procedural Ordinance of
the City of Cupertino
WHEREAS, the applicant has met the burden of proof required to support said 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 herein.
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 or
ridgelines as viewed from established vantage points on the valley floor unless either:
a. The location of a structure on a iidgeline 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.
Resolution No. 4871 10-EXC-97 September 22, 1997
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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 therefrom), 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 and other evidence submitted in this matter, the
application for exception is hereby approved; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified in this resolution are based are
contained in the public record concerning Application No. 10-EXC-97, as set forth in the minutes of the
Planning Commission meeting of September 22, 1997, and are incorporated by reference as though fully
set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No: 10-EXC-97
Applicant: Phillipe and Anne Dor
Project Location: Stevens Canyon Road/Balboa
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheet 1 dated 5/27/97, Sheets 3- 8 dated 8/14/97, Sheets C1, C3, C4 dated May
1997, Sheet C2 dated March 1997, Sheet L 1 dated 5/24/97, except as may be amended by the
conditions contained in this resolution.
2. LANDSCAPE REVIEW
At the building permit stage, the applicant shall submit a comprehensive landscape planting plan in
conformance with chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code, approved
by staff. Additional landscaping shall be provided to lessen the visibility of the swimming pool.
Resolution No. 4871 10-EXC-97 September 22, 1997
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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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
4. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
5. IRREVOCABLE OFFER OF DEDICATION
The applicant shall provide an irrevocable offer to dedicate his/her interest in Balboa Road to the
City of Cupertino for road purposes. The dedication may be accepted by the City should the City
detertnine that Balboa Road is to become a public street.
6. REIMBURSEMENT AGREEMENT
The applicant shall enter into a reimbursement agreement with the City in order to receive
reimbursement for the portion of street improvement costs in excess of the installation costs incurred
for the permittee's property. An itemized statement, prepared by and attested to by a licensed
engineer, of the reimbursable costs to be incurred by the permittee in installing the street
improvements and a certified invoice of the improvement cost shall be submitted. A legal
description and assessor's parcel number for each benefitted property, excepting the permittee's
property shall also be submitted.
7. 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.
8. 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.
9. FIRE HYDR.ANT
Fire hydrants shall be located as required by the City.
10. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
Resolution No. 4871 10-EXC-97 September 22, 1997
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11. 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.
12. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of
the Cupertino Municipal Code. A sediment and erosion control plan shall also be submitted.
13. 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 storm drain facilities are deemed
necessary by 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.
14. LJNDERGROUND 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.
15. 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 Improvement Cost (Off-site & On-site
improvement) or $1,918.00 minimum
b. Development Maintenance Deposit: $ 1,000.00
c. Storm Drainage Fee: $ 3,303.00
d. Power Cost: $ 75.00 per street light
e. Map Checking Fees: N/A
f. Park Fees: $ 15,750 per lot
The fees described above axe 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.
Resolution No. 4871 10-EXC-97 September 22, 1997
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16. NOTICE OF INTENT
The applicant must file a Notice of Intent (NOI), as required by the State Water Resource Control
Board, for all construction activity disturbing 5 acres or more of soil. The permit requires the
development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) and the
utilizatior� of storm water BMP's.
17. 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.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surv ing conditions speci ed in Section IV of this Resolution
conform to generally accepted engin � g practice .
B Viskovich C ty Engineer
PASSED AND ADOPTED this 22nd day of September, 1997, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Doyle and Mahoney
NOES: COMMISSIONERS: Roberts and Chairperson Harris
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Austin
The 2-2 vote results in a denial of the application
ATTEST: APPROVED
�
Robert S. Cowan Andrea B. Harris, Chairperson
Community Development Director Cupertino Planning Commission
g: /pdrepordres/r l 0exc97