Reso 6065 1-EXC-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6065
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A HILLSIDE EXCEPTION TO BUILD A 4,538
SQUARE FOOT RESIDENCE ON A PROMINENT RIDGELINE AND ON SLOPES
GREATER THAN 30%, TO GRADE MORE THAN 2,500 CUBIC YARDS AND TO
CONSTRUCT SECOND STORY DECKS AT 11938 UPLAND WAY
SECTION I: PROJECT DESCRIPTION
Application No.: 1-EXC-00
Applicant: Chung Yeh
Location: 11837 Upland Way
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
hillside exception, as described in this Resolution; and
WHEREAS, the Planning Commission finds the following with regard to this application:
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 geolo�ical
or environmental hazards which have been determined by expert testimony to be
unsafe or hazardous to structures or persons residing therein. (See General Plan
Policies 2-49.)
Resolution No. 6065 1-EXC-00 November 27, 2000
Page 2
7. The proposed development includes grading and drainage plans which will endure
that erosion and scarring of the hillsides caused by necessary construction of roads,
housing sites, and improvements will be minimized. (See General Plan Policies 2-53,
2-54 and 2-57.)
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 ne�;ative
environmental impacts; or
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. (See General Plan Policies 2-46, 2-47 and 2-48.)
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, includin�
building height, as much as possible without creating other negative environmental
impacts. (See General Plan Policies 2-46, 2-50, 2-51 and 2-52.)
10. The proposed development is located on the parcel as far as possible trom public open
space preserves or parks (if visible therefrom), riparian corridors, and wildlife habitats
unless such location will create other, more negative environmental impacts. (See
General Plan Policies 2-55, 5-14 and 5-28.)
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. (See General
Plan Policies 2-54, 5-15 and 5-16.)
12. The proposed development confines solid fencing to the areas near a structure rather
than around the entire site. ( See General Plan Policy 5-17.)
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, Application No. 1-EXC-00 is hereby recommended for approval; and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application 1-EXC-00, as set forth
in the Minutes of the Planning Commission Meeting of November 27, 2000, are incorporated by
reference herein.
Resolution No. 6065 1-EXC-00 November 27, 2000
Page 3
I N I : ONDI I N ADMINI ERED BY HE C MMUN D L M
DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets C.l,Nelsen Engineering Sheets 1 & 2, and Sheets A.l-6 and
the submitted material board except as may be amended by this resolution.
2. LANDSCAPING PLAN
A landscaping plan shall be approved by staff prior to issuance of building permits. The plan
shall include at least six 24" box coast live oaks planted in front of the residence. Additional
24" box trees shall be planted on the left elevation to provide privacy for the second story
deck. Any planting involving irrigation in the vineyard area at the rear of the property is
subject to review by the City's consulting geologist.
3. ADDITIONAL GEOLOGICAL REVIEW
The City's geologist shall review and approve the above referenced exhibits prior to issuance
of building permits.
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.
SECTION IV: CONDITIONS ADMINSTERED BY THE PUBLIC WORKS DEPARTMENT
SPECIAL CONDITION:
5. DRIVEWAY MAINTENANCE
The existing driveway is showing signs of ground movement. The applicant shall submit
certification from his consulting geologist that work on the driveway has been completed in
accordance with the recommendations of the City's consulting geologist's report dated April
25, 2000, prior to issuance of building permits. To ensure that future slippage or cracking
does not occur, a cash bond comparable to the cost of supporting the driveway utilizing pier-
supported walls, shall be posted, subject to approval of the City Engineer. The bond shall be
released following two wet seasons after completion of the project, (wet season shall be as
defined by the Cupertino Municipal Code), upon receipt of a report from the applicant's
consulting geologist that fill movement has stabilized.
Resolution No. 6065 1-EXC-00 November 27, 2000
Page 4
TANDARD C DITIONS:
6. GRADING/RETAINING WALL
Grading/ retaining wall shall be as approved and required by the City Engineer in
accordance with Chapter 16.08 of the Cupertino Municipal Code. Public Works clearance
is required in order to obtain a building permit.
7. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface tlow 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.
8. 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.
9. GRADING PERMIT
The project developer must obtain a grading permit.
Fees:
a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or
$460.00 minimum
b. Grading Permit: 6% of On-Site Improvement Cost
c. Development Maintenance Deposit: $ 1,000.00
Bonds:
a. On-site Grading Bond: 100% of site improvements.
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.
Grading shall not occur in the wet season, as defined by the Cupertino Municipal Code,
unless approved by the City Engineer.
10. 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.
Resolution No. 6065 1-EXC-00 November 27, 2000
Page 5
11. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with California Water for water service to the
subject development.
12. 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 or sediment control plan shall be
provided.
PASSED AND ADOPTED this 27th day of November, 2000, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Kwok, Stevens and Chairperson Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle
ATTES . APPROVED:
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Steve iasecki Andrea Harris, Chairperson
Director of Community Development Cupertino Planning Commission
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