Reso 5009 14-CXC-98
CITY OF CUPERTINO
10300 Tone Avenue
Cupertino, California 95014
RESOLUTION NO. 5009
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO ALLOW CONSTRUCTION OF A 4,378 SQ. �"I'.
SINGLE-FAMILY RESIDENCE ON SLOPES OF 30% OR MORE IN AN R-1 ZONING
DISTRICT LOCATED AT 22261 MCCLELLAN ROAD IN ACCORDANCE WITi-1
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 a
Hillside Exception, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one Public Hearin�
on this matter; and
WHEREAS, the Planning Commission finds the following with regards to this application lile no. 14-
EXC-98:
l. The proposed development will not be injurious to property or improvements in the area nor bc
detrimental to the public health and safety.
2. The proposed development will not create a hazardous condition for pedestrian or vehicular traf'tic.
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 moditication ol; 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.
7. The proposed development includes grading and drainage plans which will ensure that erosion �lllCi
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 tloor.
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 sucl�
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 sucl�
location will create other, more negative environmental impacts.
Resolution No. 5009 14-EXC-98 February 8, 1999
Page -2-
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 ncarby _
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 tl�c
purposes of this chapter.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, testimony, exhibits and other evidence submitted in this
matter, the application for Hillside Exception, file no. 14-EXG98, is hereby approved by the Plannin�
Commission of the City of Cupertino; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this Resolution are based are containcci in
the public hearing record concerning Application 14-EXC-98, as set forth in the Minutes c�l� thc
Planning Commission Meeting of January 1 l, 1999 & February 8, 1999, are incorporated by referencc
as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 14-EXC-98
Applicant: Tom McNair
Property Owner: Tom McNair& Jamie Briggs
Location: 22261 McClellan Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMI?N"f Dl;l''f.
1.APPROVED EXHIBITS
Approval is based on the plan set titled "McNair Residence" dated 2/4/99 and consistin� ol' S shcctti
labeled C1, C2, A1, A2, A3 and revised roofline exhibits labeled D1 & D2.
2. PROTECTION OF TREES
The applicant shall comply with all tree protection measures identified in the arborist report prepared
by Barrie Coate & Associates dated March 22, 1996 and revised May 20, 1996. The protectivc fencin�
shall be chain link or sturdier and shall be install prior to all construction activities. The trccs shall hc
pruned under the direction of an internationally certified arborist as recommended �rior te� all
construction activities.
3. BUILDING COLORS/TREATMENTS
The treatment of the building walls shall be the ZACtique finish as offered by [3HP Steel [3uildin�
Products. The color of the roof shall be visually distinct from the building walls and of a darker ce�lor,
such as Forest Green, Old Zinc Gray or Weathered Copper to blend in with the existin� canopy c�l�
trees. The Director of Community Development must approve final color choice.
Resolution No. 5009 14-EXC-98 �ebruary 8, 1999
Page -3-
4. FENCING
All fencing on the property shall be composed of materials, which result in a minimum 75`%► VISII�II
transparency.
5. EXTERIOR BUILDING LIGHTING
On building sides facing the park, the applicant shall be limited to providing shielded li�ht Iixtures ��I'
lower intensity illumination.
6. GAR.AGE ROOFLINE
The metal paneling of the roof shall be visually distinct from the building walls to reduce visual mass.
The Director of Community Development shall approve the garage roof panelin� and rootlinc dcsi�n
which should be substantially in conformance with Exhibits D 1 & D2.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
7. GEOTECHNICAL REQUIREMENTS
The applicant shall develop the project in accordance with the geotechnical recommendations
specified in the following reports and memorandum:
a. Report titled "Geotechnical Investigation — Lands of McNair, McCle(lan Road, Cupertino,
California" dated August 2, 1996 and prepared by Upp Geotechnology Inc.
b. Report titled "Supplemental Geotechnical Information and Review of Gradin� Plans, l.ands c�l�
McNair, McClellan Road, Cupertino, California" dated September 17, 1998 and prcparcd by
Upp Geotechnology, Inc.
c. July 28, 1998 Memorandum from Cotton, Shires & Associates, Inc. regardin�; �;colo�ic rcvicw
of a proposed residence on lot 67, Mira Vista Avenue, Cupertino, California.
d. October 14, 1998 Memorandum from Cotton, Shires & Associates, Inc. regardin� supplemental
geologic review of a proposed residence on lot 67, Mira Vista Avenue, Cupertino, Calilornia.
8. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
9. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordancc with �radcs
and standards as specified by the City Engineer.
10. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Li�;htin� Iixtures
shall be positioned so as to preclude glare and other forms of visual interference to �1CI�0111111�
properties, and shall be no higher than the maximum height permitted by the zone in which thc
site is located.
11. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
Resolution No. 5009 14-EXC-98 February 8, 1999
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12. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City. Sight distancc study shall
be provided to Public Works for proposed driveway at McClellan Rd.
13. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a typc ap�rovccl hy
the City in accordance with Ordinance No. 125.
14. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chaptcr 16.08
of the Cupertino Municipal Code.
15. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface tlow across ��ublic
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities arc deemcd
necessary by the City Engineer. Development in all other zoning districts shall be served by c�n
site storm drainage facilities connected to the City storm drainage system. [f City storm drains
are not available, drainage facilities shall be installed to the satisfaction of the City �n�inec;r.
16. LJNDERGROLTND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinancc Nc�.
331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinatc
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 tc� ��ric�r
approval of the affected Utility provider and the City Engineer.
17. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cuperlino
providing for payment of fees, including but not limited to checking and inspection Ices, storn�
drain fees, park dedication fees and fees for undergrounding of utilities. Said agrc;ement shall bc
executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,975.00 mini
b. Development Maintenance Deposit: $ 1,000.00
c. Storm Drainage Fee: $ 1,290.00/acre
d. Power Cost: $ 75.00 per street light
e. Map Checking Fees: N/A
f. Park Fees: $ 15,750.00/lot
g. Grading Permit: $ 5% of on-site improvement Cost or $460.00 min.
-The fees described above are imposed based upon the current fee schedule adopted hy the City
Council. However, the fees imposed herein may be modified at the time of rccordation c�l' a
final map or issuance of a building permit in the event of said change or chan�;es, thc Iccs
changed at that time will reflect the then current fee schedule.
Resolution No. 5009 14-EXC-98 �ebruary 8, 1999
Page -5-
18. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall bc
screened with fencing and landscaping or located underground such that said equipment is not
visible from public street areas.
19. DEDICATION OF WATERLINES
The developer shall execute a quitclaim deed for underground water rights to San Jose Watcr
Company and shall reach an agreement with San Jose Water Company for water service tc� thc
subj ect development.
20. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resourccs Contrc�l
Board, for construction activity, which disturbs soil. BMP plans shall be included in your�radin�
and street improvement plans.
PASSED AND ADOPTED THIS 8`h day of February, 1999, at a Regular Meetin� of thc Plannin�
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Kwok, Stevens, and Chairman Doyle
NOES: COMMISSIONERS: Harris
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
il l,�\ l,�rG� �
.
Robert Cowan David Doyle, Chair an
Director of Community Development Cupertino Planning Commission
G:planning/pdreport/res/r 14exc98