Reso 6652 ' EXG2011-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6652
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF A NEW 3,704
SQUARE FOOT SINGLE FAMILY RESIDENCE WITH AN APPROXIMATELY 1,189 SQAURE FOOT
BASEMENT ON SLOPES GREATER THAN 30% ON A VACANT LOT
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2011-08 (EA-2011-08)
Applicant: Barre Barnes (WJB Canyon, LLC)
Location: Lot 167,Cordova Rd APN#342-17-068
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 struciures 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.
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.
Resolution No.6652 EXC-2011-08 August 9,2011
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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 the initial study, Environmental Review Committee recommendation,
maps, facts, exhibits, testimony and other evidence submitted in this matter, the Commission finds that
the project with mitigations incorporated will not have a significant environmental impact and adopts a
mitigated negative declaration with a mitigation monitoring report (file no. EA-2011-OS) and application
no. EXC-2011-08 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-2011-08, as set forth in the
Minutes of the Planning Commission Meeting of August 9, 2011, 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: "WBJ Canyon, LLC, Single Family Residence-New
Construction, Cordova Rd, Cupertino California" dated May 23, 2011 consisting of 10 sheets
labeled A000 through A07 and an Engineering plan sets dated July 2011 consisting of 4 sheets
labeled 1 a nd 1 through 3, except as may be amended by the conditions contained in 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 July 20, 2011 and
pertaining to the proposed development. Notice of the availability of the remedial grading plan
and drainage plan shall be provided to interested neighbors and plans shall be provided to the
Planning Commission.
3. RELOCATION OF CORDOVA ROAD STREET GATE
If the Cordova Road street gate conflicts with the driveway entrance of the approved residence,
the street gate shall be relocated at the applicant's expense to a point northerly of its present
location, but along the applicant's property frontage. Final location is subject to the review and
approval of the Director of Public Works. The gate shall be kept closed during and after
construction.
4. BUILDING DESIGN MODIFICATIONS
The 3-story tall wall, north of the garage shall be broken up visually with architeciural detailing
subject to the review and approval of the Director of Community Development at the building
permit stage.
5. CONSTRUCTION MANAGEMENT PLAN
The applicant shall provide with the building permit plan set, a construction management plan
that provides the following information details:
• A recitation of the City's standards for noise control and construction hours
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• A site plan illustrating the locations for construction equipment and materials, porta-
potties,construction/security office trailer (if any) and worker parking.
• Location of signage for name and telephone number of complaint coordinator.
6. 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.
7. LANDSCAPE PLAN
Applicant shall provide a privacy landscape plan for the property incorporating any of the
replacement oaks.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
8. STREET WIDENING
Public street widening 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 and related structures shall be installed in accordance with grades 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. 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 maxunum height permitted by the zone in which the site
is located.
11. 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.
12. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post-
development hydraulic calculations must be provided to indicate whether additional storm water
control measures are to be constructed or renovated. The storm drain system may include,but is not
limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated
swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve
water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried
pipes, retention systems or other approved systems and improvements) as necessary to avoid an
increase of one percent flood water surface elevation of existing storm water facilities, to the
satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed
away from neighboring private properties (particularly 10690 Cordova Road) and to the public right
of way as much as reasonably possible.
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13. 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.
14. 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 under grounding of utilities. Said agreement shall be executed
prior to issuance of construction perxnits
Fees:
a. Checking& Inspection Fees: $Per current fee schedule ($2,468.00 or 5%)
b. Grading Permit: $Per current fee schedule ($2,217.00 or 5%)
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: $Per current fee schedule (N/A)
g. Park Fees: $Per current fee schedule ($15,750.00)
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor&Material Bond: 100% of Off-site and On-site Improvement
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.
15. TRANSFORMERS
Electrical transformers, telephone vaults and sunilar 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.
16. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), 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.
17. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the developer
must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm
Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to
control storm water runoff quality,and BMP inspection and maintenance.
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Resoluhon No."6652 EXC-2011-08 August 9,2011
17. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or
more of impervious surface (collectively over the entire project site). The developer shall reserve a
minimum of 4% of developable surface area for the placement of low impact development measures,
for storm water treatment, on the tentative map, unless an alternative storm water treatment plan,
that satisfies C.3 requirements,is approved by the City Engineer.
The developer must include the use and maintenance of site design, source control and storm water
treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing
criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm
Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and
maintenance of treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City approved third
party reviewer.
18 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 used to retain materials on site. Erosion control
notes shall be stated on the plans.
19. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all
grading/erosion control work in conjunction with this project.
20. OPERATIONS &MAINTENANCE AGREEMENT
The developer shall enter into an Operations & Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
21. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
22. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit.
23. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to refuse
truck access for the proposed development.
24. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer
and shall be of a type approved by the City in accordance with Ordinance No. 125.
25. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
26. SANTA CLARA COUNTY FIRE DEPARTMENT
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A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department
prior to issuance of building permits.
27. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
28. SAN TOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval before issuance of a building permit approval.
29. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards
and shall reach an agreement with San Jose Water Company for water service to the subject
development.
30. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
31. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, PacBell,
and California Water Company, and/or equivalent agencies) will be required prior to issuance of
building permits.
PASSED AND ADOPTED this 9th day of August 2011,at a Regular Meeting of the Planning Commission
of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee,Vice Chair Miller,Brophy,Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
Ga ao Winnie Lee,Chai
a er Planning Comxnission
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