PC Reso 6526 EXC-2008-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6526
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION FOR A NEW 3,304 SQUARE FOOT
RESIDENCE ON A SLOPE GREATER THAN 30% ON SAN JUAN ROAD,
APN 342-22-078.
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2008-14
Applicant: Amy Cheng
Location: (no address no.) San Juan Road, APN 342-22-078
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Hillside Exception, as described on Section II of this Resolution; and
WHEREAS, the necessary 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 met the burden of proof required to support this
application, and has satisfied the following requirements:
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 that 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 that will
ensure that erosion and scarring of the hillsides caused by necessary
construction of the housing site and improvements will be minimized.
Resolution No. 6526 EXC-2008-14 August 26, 2008
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8. 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.
9. 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.
10. 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. EXC-2008-14 is hereby approved; 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 EXC-2008-14, as set forth in the Minutes of the Planning Commission
Meeting of August 26, 2008, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set titled: "New Single Family Residence/APN
342-22-078/San Juan Road/Cupertinb, California" dated 10-29-07 and consisting
of 10 sheets labeled A1 through A10, except as may be amended by this
resolution.
2. GEOTECHNICAL REVIEW
Prior to building permit approval, the applicant shall comply with the
recommendations outlined in the Cotton Shires & Associates, Inc. Geologic Peer
Review Letter dated May 14, 2008 and pertaining to the proposed development.
3. CITY ATTORNEY REVIEW
The City Attorney shall review the private agreements between the applicant and the
adjacent property owner to ensure the City's interests with respect to storm drainage,
reciprocal easements and maintenance of the roadway are observed and protected prior to
filing or issuance of the building permit.
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
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�Resolution No. 6526 EXC-2008-14 August 26, 2008
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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
5. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
6. 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.
7. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
8. GRADING
Grading shall be as approved and required by the City Engineer in accordance .
with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404
permits maybe required. Please contact Army Corp of Engineers and/or Regional
Water Quality Control Board as appropriate.
9. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and post-
development calculations must be provided to indicate whether additional storm
water control measures are to be installed.
10. 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.
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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. The transformer
shall not be located in the front or side building setback area.
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 grading and street improvement plans.
13. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a registered civil
engineer. This plan should include all erosion control measures use to retain
materials on site. Erosion control notes shall be stated on the plans.
14. PRIVATE ROAD AGREEMENT
The applicant shall participate in the road reimbursement agreement, and road &
retaining wall maintenance agreement prior to building permit approval.
PASSED AND ADOPTED this 26th day of August 2008, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Miller, Kaneda, Rose, Brophy
NOES: COMMISSIONERS: Vice Chair Giefer
� ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST• APPROVED:
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Steve Piasecki Marty Mill , ir
Director of Community Development Planni Commission
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