Reso 4956 7-EXC-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4956
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO LOCATE A 2,500 SQ. FT. ADDITION TO A
RESIDENCE ON A PROMINENT RIDGELINE IN ACCORDANCE WITH CHAPTER 19.40 OF
THE CUPERTINO MUNICIPAL CODE
SECTION I: PROJECT DESCRIPTION
Application No.: 7-EXC-98, 21-EA-98
Applicant: Thomas Hutton
Location: 22820 San Juan Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Hillside
Exception, as described in this Resolution; and
WHEREAS, the applicant has demonstrated a compelling reason for granting an exception and has met
the following findings for a Hillside Exception as required in Section 19.40of the Cupertino Municipal
Code:
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 ridgeline is necessary to avoid greater negative environmental
impacts; or
Resolution 7-EXC-98 September 14, 1998
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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.
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, testimony and other evidence submitted in this
matter, the request for a Hillside Exception is hereby approved; and
That the subconclusions upon which the findings specified in this Resolution are based and contained
in the public hearing record concerning Application 7-EXC-98 as set forth in the Minutes of the
Planning Commission Meeting of September 14, 1998, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets 1-2, 4, 10 dated 4/1/98, Sheets 3, 5-9 dated 8/1/98, Sheets 1-4, 6 dated
8/13/98, Sheet 5 dated 7/21/98 and Color and Material Board except as may be amended by
conditions contained in this resolution.
2. EAST ELEVATION
The skirt of the east elevation shall be mitigated with landscaping to be approved by staff.
3. GEOLOGIST REQUIREMENTS
The requirements of the City's consulting geologist shall be implemented.
4. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedications,
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,
Resolution 7-EXC-98 September 14, 1998
Page 3
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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. STREET WIDENING
Street widening, improvements and dedications for ingress and egress easement on San Juan
Road shall be provided in accordance with City Standards and specifications and as required by
' the City Engineer.
6. CURB AND GUTTER IMPROVEMENTS
E Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer.
Developer shall reach an agreement with the property owners adjacent to the portion of San Juan
Road which is a private driveway from Cordova Road. The agreement shall include
reimbursement of the construction cost of the roadway widening and annual maintenance of said
roadway. Said agreement shall be reviewed and approved by the City Engineer.
7. STREET LIGHTING INSTALLATION
I 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 ma�cimum height permitted by the zone in which the
site is located.
8. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
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9. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
10. 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.
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. 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.
Resolution 7-EXC-98 September 14, 1998
Page 4
13. 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.
14. 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.
a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,918.00 minimum
I b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: $2,660.00
d. Power Cost: $N/A
e. Map Checking Fees: $N/A
f. Park Fees: $N/A
g. Grading Permit $ 5% of Grading Cost or $156.00 minimum
� 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.
15. 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.
16. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to California Water
Company and shall reach an agreement with California Water Company for water service to the
subj ect development.
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.
Resolution 7-EXC-98 September 14, 1998
Page 5
PASSED AND ADOPTED this 14` day of September, 1998, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
� AYES: COMMISSIONERS: Doyle, Harris, Stevens and Chairwoman Austin
NOES: COMMISSIONERS:
` ABSTAIN: COMMISSIONERS:
� ABSENT: COMMISSIONERS: Mahoney
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ATTEST: APPROVED:
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Robert Cowan Donna Austin, Ch ' oman
Community Development Director Cupertino Planning Commission
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