Reso 6711 EXC-2012-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6711
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF A
NEW 3,104 SQUARE FOOT SINGLE FAMILY RESIDENCE ON SLOPES GREATER THAN 30%
AND TO ALLOW A REDUCED SECOND STORY FRONT BUILDING SETBACK OF 22 FEET WHERE
25 FEET IS REQUIRED ON A VACANT LOT LOCATED AT LOT 306, SAN JACINTO ROAD
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2012-01 (EA-2012-06)
Applicant: Craig Steely
Location: Lot 306, San Jacinto Road APN#342-21-028
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.6711 EXC-2012-01 November 13,2012
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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. T'he 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 19.40A10.
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-2012-06) and application
no. EXC-2012-01 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-2012-01, as set forth in the
Minutes of the Planning Commission Meeting of November 13, 2012 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: "Lot 306/San Jacinto Rd/ Cupertino, CA/ 95014" dated
October 2, 2012, and consisting of 20 sheets labeled a0, SU1, a2.0, a2.1, a2.2, a3.0, a4.0, a4.1, C-1
through C-4, 1 through 5, S0.1, S1.1 and S2.1 except as may be amended by the conditions contained
in this resolution.
2. EXTERIOR BUILDING MATERIALS/TREATMENTS, LANDSCAPING
Final building exterior treatment plan (including but not limited to details on exterior color, material,
architectural treatments and/or embellishments, lighting, retaining walls and landscaping) shall be
reviewed and approved by the Director of Community Development prior to issuance of building
permits for compliance to RHS zoning and other relevant regulations. Any exterior changes
determined to be substantial by the Director of Community Development shall require a
modification approval with neighborhood input.
3. 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.
Resolution No.6711 EXC-2012-01 November 13,2012
4. GENERAL PLAN DEVELOPMENT ALLOCATION
The applicant's project is granted a General Plan Development Allocation of one dwelling unit from
the Other Residential Neighborhoods allocation pool.
5. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall determine in consultation with staff whether
a full landscape project submittal per section 14.15.040 of the Landscaping Ordinance is warranted.
The Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation
Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of
the Director of Community Development prior to issuance of building permits.
6. LANDSCAPE INSTALLATION REPORT
In conjunction with any required landscape project submittal, a landscape installation audit shall be
conducted by a certified landscape professional after the landscaping and irrigation system have
been installed. The findings of the assessment shall be consolidated into a landscape installation
report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution unifarmity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
7. LANDSCAPE AND IRRIGATION MAINTENANCE
In conjunction with any required landscape project submittal, a maintenance schedule shall be
established and submitted to the Director of Community Development or his/her designee, either
with the landscape application package, with the landscape installation report, or any time before the
landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either
be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other
factors as recommended by a landscaping professional.
8. PERMIT EXPIRATION
'The subject hillside exception approval shall expire two (2) years from the date of approval if not
used.
Resolution No.6711 EXC-2012-01 November 13,2012
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9. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
10. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
Prior to commencement of construction activities, the applicant shall arrange for a pre-construction
meeting with the pertinent departments (Building, Planning, and Public Works) to review the
prepared construction management plan, to ensure that construction complies with the conditions of
approval, staging of construction equipment is appropriate, tree protection measures are in place,
public access routes are identified is defined,and noise and dust control measures are established.
11. BUILDING PERMIT SUBMITTAL REOUIREMENT
Applicant shall submit an annotated response to all of these conditions of approval with his building
permit submittal.
12. COVENANT ON IMPROVEMENTS IN SAN jACINTO ROAD
Prior to building permit issuance, the applicant shall prepare and record a covenant on the property
that:
a) Describes the purpose, functions and beneficiaries of the San Jacinto Road access easement;
b) Acknowledges that structures and improvements will be constructed in the San Jacinto Road
easement area to facilitate access to the subject property;
c) Declares that the applicant agrees to work with neighboring owners of property to the west of the
subject site to facilitate future access to their lots, which includes but is not limited to sharing
driveway improvements, altering grading and modifying and/or demolishing of retaining walls
and other improvements built in the San Jacinto Road easement area. The covenant shall state
that the declaration is binding on successors and assigns of the owner(s).
The covenant shall be reviewed and approved by the City Attorney prior to recordation.
13. COORDINATION OF OFF-SITE IMPROVEMENTS
The applicant shall communicate and coordinate all off-site road improvements and utility
extensions with affected adjacent property owners. The applicant shall also submit to the City
written confirmation from the owner/trustee of the property to the west(APN 342-21-027) that he/she
has reviewed the development plans and is agreeable to the improvements in the San Jacinto Road
easement area.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
14. ROAD WIDENING
Developer shall widened San Jacinto Road from the intersection of San Jacinto Road/San Juan Road
across Lots 296 and 297 of the "Inspiration Heights subdivisiori'. 'This entails:
1. Roadway improvement plans designed by a TS Civil Engineering as previously submitted for
City staff review and approval. Current plan set is dated March 29, 2011.
2. Developer shall obtain the required right-of-way dedications for the roadway widening in
accordance with City requirements.
Resolution No.6711 EXG2012-01 November 13,2012
3. Developer shall post Performance and Labor & Materials bonds for 100% of the estimated
cost of the improvements with the City Engineer
15. GRADING PLAN
Grading plans shall be designed by a Registered Civil Engineer and submitted for City staff review
and approval. Grading plans shall be in accordance with Chapter 16.08 of the City Municipal Code.
A geotechnical investigation shall be prepared for the project site and submitted with the initial
grading plan. The grading plan shall show all existing and proposed utility lines and related
facilities.
16. DRAINAGE
Drainage plans and studies (hydrology and pre- and post-development hydraulic calculations) shall
be prepared by a Registered Civil Engineer and submitted for City staff review and approval. The
hydrology and hydraulic calculations shall indicate what storm water control measures must be
constructed or renovated to reduce the amount of runoff from the site and improve water quality.
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.
The storm drain system shall be designed to detain run-off on-site (e.g., via buried pipes, retention
systems or other approved systems and improvements) as necessary to avoid an increase of the one
percent flood water surface elevation to the satisfaction of the City Engineer. Storm water overflows
or surface sheeting should be directed away from neighboring private properties and to the public
right of way as much as reasonably possible.
17. BEST MANAGEMENT PRACTICES
Developer shall utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board for all construction activity which disturbs soil. BMP plans shall be included in
grading, street improvement and erosion control plans.
18. EROSION CONTROL PLAN
Developer shall submit an erosion control plan by a Registered Civil Engineer for City staff review
and approval. This plan should include all erosion control measures to stabilize and retain
soil/sediment disturbed by construction operations and all construction materials used or stored on
the site. Detailed erosion control notes shall be presented on the plans.
19. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the City's Underground Utilities Ordinance No.
331 and other related Ordinances and regulations of the City of Cupertino. The developer shall
coordinate with all 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.
20. ABOVE GROUND EQUIPMENT ENCLOSURES
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.
Resolution No.6711 EXC-2012-01 November 13,2012
21. IMPROVEMENT AGREEMENT
Developer shall enter into a Development Agreement with the City 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 permits
Fees:
a. Checking&Inspection Fees: Per current fee schedule ($2,593.00 or 5%)
b. Grading Permit: Per current fee schedule ($2,435.00 or 5%)
c. Development Maintenance Deposit: N/A
d. Storm Drainage Fee: TBD
e. Power Cost: **
f. Map Checking Fees: 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.
22. 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.
23. OPERATIONS&MAINTENANCE AGREEMENT
Developer shall enter into an Operations&Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for any non-standard
appurtenances in the public right-of-way that may include, but is not limited to, sidewalk, pavers,
and street lights.
24. TRAFFIC SIGNS AND MARKINGS
Traffic control signs and pavement markings shall be placed at locations designed by a registered
Civil Engineer and reviewed and approved by the City.
25. TRASH ENCLOSURE PLAN
A trash enclosure plan shall be designed to the satisfaction of the City's Environmental Programs
Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit.
Resolution No.6711 EXC-2012-01 November 13,2012
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26. REFUSE TRUCK ACCESS
Developer must obtain clearance from the Environmental Programs Manager in regards to refuse
truck access for the proposed development.
27. 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.
28. FIRE PROTECTION
Fire sprinklers shall be installed in any new building construction to the approval of the City.
29. SANTA CLARA COUNTY FIRE DEPARTMENT '
Developer shall obtain a letter of clearance for the project from the Santa Clara County Fire
Department prior to issuance of building permits. Clearance should include w�itten approvai of the
location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants
(typically Backflow Preventers should be located on private property adjacent to the public right of
way, and fire department connections must be located within 100-feet of a Fire Hydrant).
30. FIRE HYDRANT
Fire hydrant(s) shall be located and installed as required by the Santa Clara County Fire Department
and the City
31. SAN LOSE WATER COMPANY CLEARANCE
Developer shall provide San Jose Water Company's written approval for water connection, service
capability and location and layout of water lines and backflow preventers to city staff before issuance
of a building permit.
32. DEDICATION OF WATERLINES
Developer shall dedicate to the City all waterlines, appurtenances and related facilities installed to
City Standards and shall reach an agreement with San Jose Water Company for water service to the
subject development.
33. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract water from the
underground basin or any underground strata in the Santa Clara Valley.
34. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
35. UTILIT'Y EASEMENTS
Clearance approvals from all agencies with existing or proposed easements on the property
(including PG&E, PacBell, and San Jose Water Company, Cupertino Sanitary District and/or similar
utility providers) will be required prior to issuance of building permits.
Resolution No.6711 EXC-2012-01 November 13,2012
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PASSED AND ADOPTED this 13th day of November 2012, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller, Vice Chair Sun, Brophy, Lee, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Community Development Department Planning Commission