Reso 5031 F"
10-EXC-97 (M)
� CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 5031
�
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
� DIRECTOR'S MINOR MODIFICATION, WITH REFERRAL TO PLANNING
COMMISSION, TO REMOVE AND REPLACE SIX TREES DAMAGED BY GRADING
� AND SEVEN SMALL TREES INTERFERING WITH LARGER TREES
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 ��operty 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 that involves the least modification of, or
deviation from, the development regulations prescribed in this chapter necessary to
accomplish a reasonable use of the parcel.
S. 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 that 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 that 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 parcel and the size of the
structure is the minimum that is necessary to allow for a reasonable use of the parcel.
Resolution 5031 10-EXC-97(M) Apri126, 1999
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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 that retains as many specimen trees as
possible, which utilizes drought-tolerant native p�ants 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 conceming Application No. 10-EXC-97 (M), as set forth
in the minutes of the Planning Commission meeting o�April 26, 1999, and are incorporated by
reference as though fully set forth herein. ' ' � �
SECTION II: PROJECT DESCRIPTION
Application No: 10-EXC-97 (M)
Applicant: Terry Brown(Dor Residence)
Project Location: Stevens Canyon Road/Balboa
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS AND PREVIOUS CONDITIONS OF APPROVAL
Approval is based on Sheets L-1 dated May 24, 1997 and revised April 9, 1999, except as
may be amended by the conditions contained in this resolution.
Resolution 5031 10-EXC-97(M) Apri126, 1999
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2. TREE REPLACEMENT � � -
Applicant shall plan six 36" box coast live oak trees to replace the seven oak trees that have
been damaged by grading. These trees are in addition to the two 24" boxed oak trees
required as replacement for the specimen sized coast live oak tree approved for removal with
� application 10-EXC-97. Location of the trees is specified in sheet L-1 of the approved
exhibits.
3. TREE PROTECTION
A contract shall be entered into with an Internationally Certified Arborist and a copy
submitted to staff. The purpose of the contract will include an agreement to participate in
initial site inspection prior to demolition, grading or construction activity to confirm
protection measures are in place, participation in plan development which requires the
arborist be involved prior to building demolition,-grading and road construction plans to
confirm recommended practices aze proposed. The contract shall also require that the
arborist submit quarterly reports to staff confirming site inspections have been completed and
recommended protection measures are being met. A bond in the amount of$10,000 shall be
submitted for all specimen sized trees required to be protected during development
(demolition, grading and constructiori�. This�`inoney may be released following final
inspection by the above referericed arborist. The' ar'borist shall submit in writing a report
stating the trees have been adequateIy protected`during construction and are expected to
survive. In addition, the applicant sfiall follow the re�ommendations in the inspection report
dated September 24, 1998, to maintain the good health of the remaining trees.
4. LANDSCAPE REVIEW
The applicant shall submit a comprehensive land"scape-planting plan in conformance with
Chapter 14.15 Xeriscape Landscaping of the Cupertino'1Vlunicipal Code. Applicant shall pay
particular attention to the landscaping on the norfheastern portion of the parcel that will
provide visual screening of the Balboa Road improvements.
5. NOTICE OF FEES, DEDICATIONS, RESERVATTdNS OR OTHER EXACTIONS
The Conditions of Project Approval set forffi' 'ereiri�may include certain fees, dedication
requirements, reservation requirements, and otfier exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute`writ�en notice of a statement of the amount
of such fees, and a description of the ciedications, reservations, and other exactions. You are
hereby further notified that the 90-day approval period iri 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.
� Resolution 5031 10-EXC-97(M) Apri126, 1999
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SECTION IV: CONDITIONS ADMINISTERED BY THE AUBLIC WORKS DEPARTMENT
1. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer. Irrevocable offer of
t dedication for roadway purposes is required for Balboa Road.
� 2. 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.
3. 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.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
6. 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.
7. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code.
8. 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 the City Engineer
deems storm drain facilities necessary. 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.
9. UNDERGROLIND 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.
Resolution 5031 10-EXC-97(M) Apri126, 1999
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10. 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$1,744.00 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 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.
11. 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.
12. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with Cupertino Water Works for water service to the
subject development.
13.NOTICE OF INTENT
The applicant must file a Notice of Intent (I�OI), 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 utilization of storm water BMPis.
14. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPis), 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 5031 10-EXC-97(M) Apri126, 1999
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15. ROADWAY MAINTENANCE AND CONSTRUCTION REIMBURSEMENT
AGREEMENT
Developer to provide the City with the roadway maintenance and construction
reimbursement agreement for the Construction of Balboa Road and Stevens Canyon Road.
Said agreement shall be executed by the applicant and all future developers that are benefited
by Balboa Road. Agreement shall be reviewed and approved by the City engineer.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of this
Resolution conform to generally accepted engineering practices.
B rt Vi ko 'ch, City ngineer
PASSED AND ADOPTED this 26th day of April, 1999, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Harris, Kwok, Stevens and Chairman Doyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED
�.
.l � l �'
Robert S. Cowan David Doyle, hair
Community Development Director Cupertino Planning Commission
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