Reso 4886 11-EXC-97
C:TY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4886
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO CONSTRUCT A RESIDENCE
ON SLOPES GREATER THAN 30% WITH A SECOND STORY WALL
CANTILEVERED OVER THE FIRST STORY ON THE DOWNHILL ELEVATION
IN ACCORDANCE WITH CHAPTER 19.40.050 OF THE CUPERTINO MUIVICIPAL 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 tr�c.
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 �esiding 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 ridgeline is necessary to avoid greater negative environmental
impacts; or
b. The structure could not otherwise be physically located on the pazcel and the size of the
structure is the minimum which is necessary to allow for a reasonable use of the parcel.
T---i--�_ 11 O'ZG TT..1.....�1 \l/n��/1 �t 7
Resolution No. 4886 11-EXC-97 January 26, 1998
Page -2-
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 grn�ind covers consistent with nearby
vegetation, and which minimizes lawn azeas.
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 cazeful 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. 11-EXC-97, as set forth in the minutes
of the Planning Commission meeting of January 26, 1998, and are incorporated by reference as though
fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application iv'o: 11-EXC-97
Applicant: Ron Dick
Location: 11835 Upland Way/Lot 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
Approval is based on a plan set variously titled as "Proposed New Plans for Mr. Lazry Miller" or
"Miller Lot 2 Single Family Residence", "Lot 2, 11835 Upland Way" consisting of seven sheets
labeled C 1, A-1, A-2 and A-3 dated 7/97, C 1 and C2, dated Oct. 1996, and L-2 dated Aug. 97,
except as may be amended by the conditions contained in this resolution.
2. GEOLOGIC CONDITIONS
The applicant shall comply with the geologic conditions specified in the Purcell, Rhoades &
Associates letter dated 1/8/97 and William Cotton & Associates letter dated January 28,1997
pertaining to this development project.
Resolution No. 4886 11-EXC-97 January 26, 1998
Page -3-
3. TREE PROTECTION
All trees numbered on Sheet C 1 of the plan set shall be protected from grading and construction
activities. Prior to grading permit approval, the applicant shall prepare a recovery plan for the
longer term preservation of tree no. 12, a 4-5 foot diameter, multi-stalked Coast Live Oak.
4. 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.
5. Fire Flow
The required fire flow is 1750 GPM at 20 psi residual pressure for two hours.
6. Private Fire Hydrant
One private on-site fire hydrant is required with a minimum single flow of 1500 GPM at 20
psi residual pressure. If the hydrant is supplied by a storage tank, the minimum storage capacity
shall be 20,000 gallons (fire supply only) for lots 2& 3. Location to be determined by the Fire
Department.
7. Fire Sprinklers
If a fire sprinkler is provided in lieu of a private fire hydrant, the fire sprinkler system sha11 be
throughout all portions of the building and conform to National Fire Protection Association
Standard #13D, 1994 Edition, and local ordinance requirements.
8. Private On-Site Fire Service Mains and Hvdrants
Installation shall conform to National Fire Protection Association Standard #24, and Santa
Clara County Fire Department Standard Details and Specification W-2.
9. Water Supplv Installation Timin�
Required fire hydrant and water supply installations shall be in place, inspected, tested and
accepted by the Fire Department prior to the start of framing construction. Bulk construction
materials may not be delivered to the construction site until installations are completed as
stated above.
10. Fire Department Engine Drivewav Turn-Around
The driveway shall function as the engine turn-around and shall meet Fire Department minimum
dimensions and be engineered to support a load of 40,000 pounds per Fire Department
Specification D-1.
Resolution No. 4886 11-EXC-97 January 26, 1998
Page -4-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
11. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
12. DR.AINAGE
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 onsite
storm drainage facilities connected to the City storm drainage system. If City storm drains are not
available, drainage facilities shail be i�-�stalled to the satisfaction af the City EnginePr.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering d surveyin nd' ions specified in Section IV of this
Resolution conform to generally accept en i � g pract�c s.
ert Visk i h, City Engineer
PASSED AND ADOPTED this 26th day of December, 1998, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: C'OMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED
�� ,
Robert S. Cowan Donna Austin, Chairperson
Community Development Director Cupertino Planning Commission
g:/pdrepordres/r 11 exc97