Reso 5077 10-EXC-99
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5077
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HILLSIDE
EXCEPTION TO CONSTRUCT A 2,953 SQ. FT. RESIDENCE ON A PROMINENT RIDGELINE,
ON SLOPES GREATER THAN 30%, AND TO EXCEED THE ALLOWED HEIGHT AND FRONT
SETBACK, AND AN EXCEPTION TO ALLOW LESS THAN FOUR FUNCTIONALLY
INDEPENDENT PARKING SPACES ON A PARCEL ON SAN JUAN ROAD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino 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 one or more public hearings on this
matter; 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 19.40 of the Cupertino Municipal
Code:
l. 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 an 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
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
of 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 No. 5077 10-EXC-99 October 25, 1999
Page 2
b. The structure could not otherwise by 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 enviroiunental 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 10-EXC-99, as set forth in the Minutes of the
Planning Commission meeting of October 25, 1999, and are incorporated by reference as though fully
set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.(s): 10-EXC-99
Applicant: Derek Fluker
Location: San Juan Road (APN 342-22-077)
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the seven page plan set, except as may be amended by the conditions
contained in this resolution.
2. TREE PRESERVATION AND LANDSCAPING:
All trees with 10 inches or greater diameter as shown on Sheet A-1 shall be preserved. Shrubs shall
be retained as much as possible, except as needed for building construction and fire protection. A
$10,000 bond shall be provided prior to grading and construction to assure tree preservation, and
may be released prior to final occupancy subject to an arborist's report stating that the protected
trees are in healthy condition. Additional oaks (24" box) shall be planted as shown on Sheet A-1.
Resolution No. 5077 10-EXC-99 October 25, 1999
Page 3
3. OFF-STREET PARKING
An agreement to allow off-street parking for the subject property in the private road shall be
recorded prior to issuance of a building permit.
4. GEOLOGICAL REQUIREMENTS
The requirements of the City's consulting geologist as described in the letter of July 15, 1999, shall
be complied with.
5. 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 DEPARTMENT
6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specif cations and as required by the City Engineer. Recorded Right-of Way must
be abandoned by either of the following two methods; (a) If the City owns the right-of-way,
developer shall pay $5,000.00 for abandonment and provide plat and legal description of area to
be abandoned, or (b) If the City does not own the right-of-way, developer to acquire by quiet title
action.
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 HYDRANT
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.
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.
13. DRAINAGE
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Page 4
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. An
agreement to provide drainage on the adjacent downhill property shall be recorded prior to
issuance of a building permit.
14. UNDERGROUND 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 $1,975.00 minimum
b. Development Maintenance Deposit: $ 1,000.00
c. Storm Drainage Fee: $ 1,290/acre
d. Power Cost: N/A
e. Map Checking Fees: N/A
f. Park Fees: $ 15,750
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.
16. 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.
17. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreeinent with Cupertino Water Works for water service to the
subject development.
18. 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. Erosion and Sediment Control Plan is required and shall include
prevention of debris and sediments from going into storm drains and flowing into the bay during
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Page 5
and after construction. It shall includes details such as installation of hay bales, silt fences, berms,
specifications for re-vegatation, etc. to prevent erosion.
19. ROADWAY MAINTENANCE AND CONSTRUCTION REIMBURSEMENT AGREEMENT
Developer to sign roadway maintenance and construction reimbursement agreement for the
improvement of San Juan Road. Said agreement shall be executed by the applicant and the future
developer that benefits San Juan Road.
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.
Bert Viskovich, City Engineer
PASSED AND ADOPTED this 25th day of October, 1999, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Kwok, Stevens and Chairperson Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairman Doyle
ATTEST: APPROVED:
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Robert S. Cowan Andrea Harris, Vice Chairperson
Director of Community Development Planning Commission