PC Summary 09-26-2017To: Mayor and City Council Members
r
From: Benjamin Fu, Assistant Director of Community Development
Date: October 12, 2017
Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE September 26, 2017
Chapter 19.712.170 of the Cupertino Municipal code provides for
appeal of decisions made by the Planning Commission
1. Application
U-2017-06, Tamara Shroll (Uri Freeland/Starbucks), 21731 Stevens Creek Blvd
Use Permit to allow a proposed new business (Starbucks) to begin operations at 5:00am
Action
The Planning Commission approved the application(s) on a 5-0-0 vote
Enclosures: Planning Commission Report September 26, 2017
Planning Commission Resolution(s) 6838
2. Application
EXC-2016-07, (EA -2016-01), Glush Dada (Qi/Juan residence), 21888 Lindy Ln
-Hillside Exception to allow the construction of a new single family residence on slopes greater than
30%;
Approval of a Mitigated Negative Declaration, Mitigation Monitoring & Reporting Program
Action
The Planning Commission approved the application(s) EA -2016-01 and EXC-2016-07 on a 5-0-0 vote,
(The R and RM applications need revised and will be approved at a future Planning Commission
meeting)
Enclosures: Planning Commission Report September 26, 2017
Planning Commission Resolution(s) 6839, 6840
g:planning/Post Hearing/sunnnanj to cc092617
OFFICE OF COMMUNITY DEVELOPMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE m CUPERTINO, CA 95014-3255
(408) 777-3308 ® FAX (408) 777-3333
PLANNING COMMISSION STAFF REPORT
Agenda Date: September 26, 2017
SUBJECT
Use Permit to change hours of operation from 7 a.m. — 11 p.m. to 5 a.m. — 9 p.m. for a
proposed business (Starbucks). (Application No(s).: U-2017-06; Applicant(s): Tamara
Shroll (Salas O'Brien); Location: 21725 Stevens Creek Boulevard; APN(s): 326-20-059)
RECOMMENDED ACTION
Staff recommends that Planning Commission:
1. Find that the project is exempt from CEQA; and
2. Approve the Use. Permit (U-2017-06) in accordance with the draft resolution
(Attachment 1)
DISCUSSION
Application Summary:
Conditional Use Permit to allow a proposed commercial use (Starbucks) to begin
operations at 5 a.m.
Project Data:
General Plan Special Area:
Monta Vista Village Special Area
General Plan Designation:
Neighborhood Commercial/Residential
Zoning Designation:
[P (CN; NIL, Res 4-12)] Planned Neighborhood
Commercial, Light Industrial, and Residential with
4-12 dwelling units per acre
Specific Plan:
Monta Vista Design Guidelines
Floor Area:
2,584 square feet
Flours of Operation
Proposed
Allowed
Monday _ Sunday
5:00 a.m. — 9 p.m.
7:00 a.m. —11 p.m.
Project Consistency with:
General Plan:
Yes
U-2017-06 21725 Stevens Creek Boulevard September 26, 2017
Page 2
Zoning:
Yes
Environmental
Assessment:
Categorical Exemption, Section 15301 (Existing
Facilities)
Background:
Project Site and Surroundings
The project site is
part of a commercial
center located at the
northwesterly
terminus of Stevens
Creek Boulevard
and Pasadena
Avenue within the
Monta Vista Village
Special Plan Area.
Previous City Approvals
A Development Permit (DP -2015-03) and Architectural and Site Approval (ASA -2015-11)
permit was approved on February 11, 2016 to allow the demolition of a 1,610 -square -foot
commercial building (Vivi s Falafel) and the construction of a new 2,584 -square -foot
building with associated site improvements. The approved building is anticipated to be
completed by winter 2017. The building will be occupied by a single tenant, Starbucks
Coffee.
Applicant Request
The applicant, Tamara Shroll with Salas O'Brien, representing Starbucks, is requesting a
Use Permit to allow extended hours of operation (to open at 5 a.m.). The General
U-2017-06 21725 Stevens Creek Boulevard September 26, 2017
Page 3
Commercial (CG) Ordinance requires the Planning Commission to review and approve
requests for hours of operation beyond the hours of 7:00 a.m. and 11:00 p.m.
Analysis:
Operational Details
Starbucks is requesting approval to expand its hours of operation (customer service) from
the existing allowable commercial hours of 7 a.m. to 11 p.m., seven days a week, to
opening at 5:00 a.m. and closing at 9 p.m.
Starbucks employees would arrive at 4:30 a.m. to begin preparing coffee and open to the
public at 5:OO a.m. The location will have 35 interior seats and nine seats in the outdoor
patio area. No alcohol is proposed to be served at this location.
Starbucks has indicated that many other Starbucks locations in the area open early and
they would like to have .this location operi .early to be consistent. The Table 1 below is a
list of existing Starbucks locations ,within. City limits that have expanded hours of
operation. The project proposes an earlier closing time of 9 p.m. than any of the other
locations.
Table 1: Other businesses
r6'�:nn rn'F�fi t�'r', ' B'i'z., �i''`1,Y nt. sir: ,X ( fyq 52.�::iis.&.,
�fiOR
sn ��us�ne:ssI�e ]Losat�®nNO
3$ .r su 3r 0.,�'t,✓&y �,&'iRg"F�'?�.'
A®ed�os zg9l®sesf�
)) J}.
�
Y �,z
%�:f.}r,.� �..s�-f���psL.k,$��'.�..'"as
,$eY,ke ..�°`$_. r,..,i. .,-i2 ✓ns" -�.,
��7LSl�n$ll����se
5,F'��
Starbucks / 20520 Stevens Creek
Monday -Sunday:
168 feet (Single Family
Blvd. (Crossroads Shopping Center)
5:00 a.m.-11:00 .m.
Residential)
Starbucks / 22390 Homestead Road
Monday -Sunday:
191 feet (Woodspring
5:30 a.m.-12:00 a.m.
Apartments)
Starbucks / 20676 Homestead Road
Monday -Sunday:
153 feet (Markham
(Homestead Square)
5:00 a.m,-11:00 p.m.
Apartments)
The operations of the business would be subject 'to the regulations in Cupertino
Municipal Code Chapter 10.48 Community Noise Control.
Proximity to Residential Uses
The project site is located close to nearby residential properties. While single-family
residential uses are located immediately to the north of the project site along Adriana
Avenue, the business location is about 150 feet away from it. A mixed use building is
located directly across the street to the south of Stevens Creek Boulevard. A shared
driveway on Stevens Creek Boulevard (between the project site and the Cupertino Post
Office) is the primary access to the project site. However, the project site can be accessed
U-2017-06 21725 Stevens Creek Boulevard September 26, 2017
Paye 4
from two adjacent driveways: one primary (off Stevens Creek Boulevard) and one
secondary (off Adriana Avenue) that provides access to the office building to the west
(21771 Stevens Creek Boulevard,)
A condition of approval has been added to allow staff to review the operations of the
business, and if warranted, rescind and/or modify the Use Permit approval, in the event
that there are ongoing issues with the use.
Parking
The commercial center has 34 parking spaces available. Based on the parking
requirements in CMC Chapter 19.124 Parking Regulations, the site has sufficient parking
to accommodate the incoming Starbucks and existing uses as shown in Table 2 below.
Table 2: Parking
,i' Y.. rY M ,ate ' r"
�aif� 's., L '+� yS 6.�2'�' s'.w '3 #
y 3v y✓Ct�'dYA36i. iaW kfXn 9` .. !n�%.IM
�=�.-4
,�:JY,# ORIM", /�'.�!•E PAX
s? �,f a',,¢¢. ¢r
yx
z ,i ,. fp
ig
,,} '.gss x>Fw ��d _ .� 3
airE aEmx Nf N ziFi
^a
�s�i.: ,�,a' � .b�yta;; ce'v;#?L a� ': G.
': Fr Ex i n •;,,w £� A'/ 3Y Q/'+�e
,3'i"t'x �} f'&P E.tk': i$ Rte% :b. 'ID df
4�r w.Y/','�„�. s;.s�' �� is ��. �'��� �r,.G''3e k �
��z''z'�"a��,w K', Za # ,, ..yj 3�"4
; kc%{ Y/,e§52✓/d;N
�£r _l.r . ,�¢
j.�#E.k` �#z Pe ��t:iwFs��c'....sZE3a, ✓r, 3?'.,5#;,^,. ��/ jx,3
s +
StPXF.'. ® b3-
Ar1l..� F E 3
,:.3q �Z 6 #) fi�
,➢`F�!a�.
:
?{g.;f Ns
.,, pN
�akIlJLLLReq��6.�t
i� a
Y.fFW Z y'Ytts
41
Tn:'q si"iY ,1%.M''. a Edi is 13L�,v' .{�
ai¢ir:� #� f., ze �,�'. � �X5';>E' ��
�."X'.z & &ai,'3
r'"`� ��-.++¢. '<"
q.'1� t7. 1�+, #
;g;",e,/ a, 3.
:!1>£,. /✓'�%i"ini.42d'»a�a:'��'xi,;H'Y
r�...✓x gF5��35:�.#`C�g ylgXi"�i fK.' .�:9i,#?i.
.nd yr e ,� �'i{rig
£° `S¢...-iy" yi'i a. iKz'6,b,"�.. d?.
�§� ,�.,,e;.A�'�'S ,'..owi fvex^gti�k� ��� ITY3a' k/Y. ',
aK �;,✓s}Y;' � �%���,6.�X•c�,� f��: �� �' V_'.
4#� �+-yq�6 �.l�d.
,.,xi����A.JL� ro'tk5
"k j�/sxi'� �. .
� �, �#{
���'#63X 3��SA;%��3
�� Yi4.�a7t®�e��/�`1. CAtt7'
r d�"o' $a� �.�. � �Y,akS�YC w✓%s.
,��'�s'#
X,s . �:i, r.�. 'Y ,G�
Starbucks
2,584
35 seats
1/250 sf OR 1/3 seats
12
Kumon
1,180
2 employees
1/4 students plus 1/1
5
5-8 students
staff at any given time
OR 1/250 sf (whichever
Na's Tae Kwon Do
1,208
2 employees
5
3-6 students
is more restrictive)
Cleaners
672
1/250 sf
3
Salon Belle Vie
860
4
Dave's Barber Shop
580
3
Total Required: 32
Total Available: 34
Securi
A condition of approval has been added to require the property owner to address security
concerns in the event that they arise and pay for additional Sheriff's enforcement time if
required.
Monta Vista Village Special Plan Area
The Monta Vista Village Special Area is envisioned as a small town, pedestrian -oriented
mixed-use area. The conceptual plan and General Plan Land Use Policy (Goal LU -25:
Monta Vista Village) is intended to promote and enhance the pedestrian -oriented
neighborhood while offering commercial opportunities compatible in mass and scale
with the predominant small town neighborhood pattern guided ,by the Monta Vista
U-2017-06 21725 Stevens Creek Boulevard September 26, 2017
Pare 5
Design Guidelines. The business and proposed early operating hours are comparable- to
Starbucks locations in similar communities and are consistent with these guidelines in
that they contribute to the diversity of retail supportive uses that define a small town
neighborhood.
The Starbucks franchise operates 13,107 locations nationwide, many of which are located
in similar mixed use neighborhood and commercial corridors with early operating hours
and contribute to the diversity of retail supportive uses that define a downtown
environment.
Environmental Review
This project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA, Section 153.01 Existing Facilities) because the
proposed use would occur within City limits and would be surrounded by existing urban
uses.
Other Department/Agency Review
The Santa Clara County Sheriff's office has reviewed the project and does not -foresee any
security concerns or negative impacts to the surrounding neighborhood.
PUBLIC NOTICING AND COMMUNITY OUTREACH
The following table is a brief summary of the noticing for this project:
111,11, To��61,91`111-p b1 k ear r� Safe gn g z
.x� mo=. .. r , � .3.�
� g
® Site Signage (at least 10 days prior to hearing)
Posted on the City's
® Legal ad placed in newspaper (at least 10 days prior
official notice bulletin
to hearing)
board (five days prior to
® 22 notices mailed to property owners 300
hearing)
feet/adjacent . to the project site (at least 10 days
Posted on the City of
prior to the hearing)
Cupertino's Web site (five
days prior to hearing)
No public comments have been received as of the date of production of this staff report
(September 13, 2017).
PERMIT STREAMLINING ACT
The project is subject to the Permit Streamlining Act (Government Code Section 65920 =
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project Deceived: May 9, 2017, Deemed Incomplete: May 23, 2017
Project Deceived: August 24, 2017, Deemed_ Complete: August 29, 2017
U-2017-06 21725 Stevens Creek Boulevard September 26, 2017
Paye 6
Since the project is Categorically Exempt, the City has 60 days (until October 29, 2017) to
make a decision on the project. The Planning Commission's decision on this panel is final
unless appealed within 14 calendar days of the decision.
CONCLUSION
The proposed business is compatible with surrounding residential and commercial uses
and offers a neighborhood -oriented coffee shop for the Monta Vista community and
surrounding area. Permitting 5 a.m. operating hours would allow the business to service
weekday commuters and act as an early morning gathering place . for the community.
Additionally, the business provides sufficient parking per the Parking Ordinance and the
property owner will ensure safety by appropriately addressing any security concerns as
they arise. As such, staff recommends approval of the project since the project and
conditions of approval address all concerns related to the proposed extension of operating
hours and all of the findings for approval of theproposed project, consistent with Chapter
19.156 of the Cupertino Municipal Code, may be made.
NEXT S'E'EPS
All approvals', granted by the Planning Commission shall go into effect after 14 days.
Should the project be approved, the Planning Commission's decision on this project is
final unless an appeal is filed within 14 calendar days of the date of the mailing of the
decision.
This approval expires on September 26, 2019, at which time the applicant may apply for
a one-year extension.
Prepared by: Jeffrey Tsumura, Assistant Planner
Reviewed by: Piu Ghosh Principal Planner
Approved by: Benjamin Fu, Assistant. Director of Community Development
ATTACHMENTS
1— Draft Resolution
2 - Application Request Letter
0
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6838
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CHANGE HOURS OF OPERATION
FROM 7 AM -11 PM TO 5 AM -11 PM FOR A PROPOSED BUSINESS
(STARBUCKS) LOCATED AT 21725 STEVENS CREEK BOULEVARD
SECTION L. PROTECT DESCRIPTION
Application No.: U-2017-06
Applicant: Tamara Shroll (Starbucks)
Location: 21725 Stevens Creek Boulevard
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the. City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA); and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1. The proposed use, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be
detrimental to the public health; safety, general welfare, or convenience;
The business will be located in the Monta Vista Special Plan Area, in which
commercial uses are intended to provide convenient shopping and amenities for
surrounding residential neighborhoods and members of the public. The Starbucks
Resolution No. 6838 U-2017-06
September 26, 2017
franchise has locations in similar communities that contribute to the diversity of
uses and provide an early morning locale for nearby residents and surrounding
businesses. The Santa Clara County Sheriff's Department has reviewed the
proposal and found that the proposed project would not create a public nuisance.
Additionally, the applicant is required to comply with the Cupertino Municipal
Code Chapter 10.48: Community Noise Control, incuding requirements related to
commercial deliveries. Therefore, the proposal will not be detrimental to the public
health, safety, and welfare.
2. The proposed development and/or use will be located and conducted in a
manner in accord with the Cupertino Comprehensive General Plan,
underlying zoning regulations, and the purpose of this title and complies
with the California Environmental Quality Act (CEQA).
The proposed use complies with the Cupertino General Plan, Monta Vista Special
Plan Area, and Municipal Code requirements, including, but not limited to,
parking regulations. The parking demand triggered by the client count is within
what is supplied on location and the use is permitted as mandated in Chapter
19.60: General Commercial Zones. The conditions of approval will ensure that the
use is conducted in a manner that is consistent with the Cupertino General Plan
and Municpal Code requirements as mandated in Chapter 10.48 Community
Noise Control. The project is considered Categorically Exempt per CEQA.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this
Resolution beginning on PAGE 3 thereof:
The application for a Use Permit, Application no. U-2017-06 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 no. U-2017-06 as set forth in the Minutes of Planning Commission Meeting of
September 26, 2017 and are incorporated by reference as though fully set forth herein.
Resolution No. 6838 U-2017-06
September 26, 2017
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the Business Description letter consisting of three (3) pages,
dated April 17, 2017, submitted as an attachment to the Staff Report, except as may
be amended by conditions in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from Administrative Hearing Resolution No. 58
and Administrative Hearing Resolution No. 59 shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval, including the
conditions contained herein in this resolution.
3. COVENANT DISCLOSURE
The property is under a Cupertino planned development zoning and property
purchasers should check with the City to determine the specific restrictions under
the Planned Development Zone and related permits.
4. OPERATIONS
a) The business shall operate within the area delineated on the floor plan exhibit.
b) The business is allowed to serve customers beginning at 5:00 a.m., seven days a
week.
c) Employees are allowed to arrive and set up on site for up to one hour prior to
opening.
5. SHERIFF DEPARTMENT REVIEW
The property owner shall address security, concerns in the event that they arise to
the satisfaction of the City. The City reserves the right to require additional security
patrols and/or other measures as prescribed by the Sheriff's Office or Code
Enforcement.
The property owner shall pay for any additional Sheriff enforcement time resulting
from documented incidents in the development at the City's constracted hourly rate
with the Sheriff Department at the time of the incident.
6. MODIFICATION OF BUSINESS OPERATIONS
Changes to the operations determined to be minor shall be reviewed and approved
by the Director of Community Development. Further, the Director of Community
Development is empowered to make adjustments to the operation of the restaurant
to address any documented problem or nuisance situation that may occur.
Resolution No. 6838 U-2017-06
September 26, 2017
7. REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the Use Permit in any case
where, in the judgment of the Director:
a. Substantial evidence indicates that the conditions of the conditional use permit
have not been implemented, or
b. Complaints are received related to the tenant under this use permit, and the
complaints are not immediately addressed by the property management and/or
the tenant, or
c. Where the permit is being conducted in a manner detrimental to the public
health, safety, and welfare, in accord with the requirements of the municipal
code.
8. EXPIRATION
If the use for which this conditional use permit is granted and utilized has ceased or
has been suspended for one year or more, this permit shall be deemed expired and a
new use permit application must be applied for and obtained.
9. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the, City, its City Council, and its officers, employees and agents
(collectively, the "indemnified parties") from and against any claim, action, or
proceeding brought by a third party against one or more of the indemnified parties
or one or more of the indemnified parties and the applicant to attack, set aside, or
void this Resolution or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and
costs incurred in defense of the litigation. The. applicant shall pay such attorneys'
fees and costs within 30 days following receipt of invoices from City. Such attorneys'
fees and costs shall include amounts paid to counsel not otherwise employed as City
staff and shall include City Attorney time and overhead costs and other City staff
overhead costs and any costs directly related to the litigation reasonably incurred by
City.
10. 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
Resolution No. 6838 U-2017-06 September 26, 2017
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.
PASSED AND ADOPTED this 26th day of September, 2017, at the Regular Meeting of
the Planning Commission of the City of Cupertino, State of California, by the following
roll call vote:
AYES: COMMISSIONERS: Chair Sun, Vice Chair Paulsen, Takahashi, Fung, Liu
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
APPROVED:
/s/Benjamin Fu /s/Don Sun
Benjamin Fu Don Sun
Assist. Dir. of Community Development Chair, Planning Commission
SUBJECT
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE ® CUPERTINO, CA 95014-3255
(408) 777-3308 ® FAX (408) 777-3333 ® planning,@cuperth-Lo.or
PLANNING COMMISSION STAFF REPORT
Agenda Date: September 26, 2017
Mitigated Negative Declaration, Hillside Exception, Two Story Permit, and Minor
Residential Permit to allow construction of a new 8,962..7 square foot residence on slopes
greater than 30%. (Application No(s).: EXC-2016-07, R-2016-28, RM -2016-26 (EA -2016-01);
Applicant: Glush Dada; Location: Lot 1 Lindy Lane, APN# 356-25-031)
_1
RECOMMENDED ACTION
That the Planning Commission adopt the proposed draft resolutions to:
1. Adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program (Attachment 1); and
2. Allow a Hillside Exception for the construction of a new 8,962.7 square foot residence
on slopes greater than 30% (Attachment 2); and
3. Approve a Two Story Permit to allow the construction of a new 8,962.7 square foot
residence (Attachment 2); and
4. Approve a Minor Residential Permit to construct a home with a second story balcony
and a Floor Area Ratio (FAR) greater than 35% on slopes over 20% (Attachment 3).
DISCUSSION:
Project Data: .
�n'a& l�ladPlar�rige
Monta Vista South Neighborhood
-
`enerafl
Low Density (1-5 DU/Ac.)
R1-20
gg a � � � '
�,..
19,898 sq. ft.
E MY =r .,
bevel® Standards Re £ " ` t' ' E�y ;' 3 4 E Pro ®sed
meet
_� :'S �,�H31a_. :. �,r.«..� .�..... �... �•::
urecl/All®gyred
.,, ewe,.,.,. ....'..moi: ,.,.,. �._. x, �c r3...a.,.,, ter "�.,�ms f
Floor Area
45% of net lot area (8,954 sq. ft.) 35% of net -lot area (6,976 sq. ft.)
Lot Coverage
45% of net lot area 18% of net lot area
EXC-2016-07, R-2016-28, RM -2016-26 Qi Residence September 26, 2017
(EA -2016-01)
SOYNI€}
e
fi......
Fr. a�r
a- :,3
}.ve>�Yl..,:Sw
�Y}
E®sc''s
®1St
®
....,„.
®C
Front
20' min.
25'min.
35'
35'
Sides
15' combined
25' combined
30'
30'
(no side yard
(no side yard
setback shall be
setback shall be
less than 5 feet)
less than 10 feet)
Rear
20' min.
25' min.
121' min.
121' min.
Building Height
28' max.
28'
Average Slope
-
36%
Grading Quantity
2,500 cubic yards max.
1,753 cubic yards
Parking
6 spaces min.
6 spaces
Background:
Project Site & Development Requests
The applicant, project architect Glush Dada, is proposing to construct of a new 8,962.7 s.f.
two story single-family residence (See Attachment 5.) Generally only a Two Story Permit
would be required for this development; however, since more than 500 s.f. of a slope
greater than 30% is being developed, a Hillside Exception permit is needed. As part of
the project, the applicant is also proposing a balcony and Floor Area Ratio (FAR) more
than 35% on slopes exceeding 20%, for which a Minor Residential Permit is required.
The lot is surrounded by single-family residences in the R1-20 zoning district to the east,
north and south and by homes in the R1-10 zoning district to the south. There are homes
in the residential hillside zoning districts located approximately 220 feet to the south and
west of the subject property.
The lot is bounded by Lindy Lane
to the south, a shared private road
that is an extension off of Lindy
Lane to the north-east, and shares
a property line with a single
family home on the west. The
private road goes through the
applicant's property and provides
access to about nine (9) parcels all
zoned R1-20. A private agreement
regulates maintenance of the
private road.
Figure 1: Site Aerial
EXC-2016-07, R-2016-28, RM -2016-26 Qi Residence September 26, 2017
(EA -2016-01)
The lot has never been developed and has substantial native vegetation, including Coast
Live Oaks. It is quasi -triangular, on a south facing slope and has an average gradient of
approximately 36%.
In approving the original tentative map applications that created this parcel (TM -2005-
05), the City. Council added conditions of approval that included, but not limited to the
following:
® The driveway for Lot 1 must be off of the existing private road and not Lindy Lane.
® The trees along Lindy Lane must be preserved as protected trees. r
® Any proposed home on the property shall not be larger than 3,000. square feet.
® Development shall adhere to the Residential Hillside (RHS) Ordinance or the R1
Ordinance, whichever specific regulation in each ordinance is more restrictive.
In October 2010, the City Council initiated a project to review regulations pertaining to
the development of properties zoned R1 but with steep slopes. The development
regulations pertaining to the development of such properties (which included the
development of the subject site) were amended in August 2011.
Subsequently, in August 2011, the applicant applied for a modification of the Tentative
Map approval (M=2011-06) to eliminate the last two conditions of approval listed above,
since with the adoption of the new regulations, the more" stringent conditions of approval
would only be applicable to these -three properties. On November 15, 2011, the City
Council approved the modification requested and eliminated the conditions of approval
that limited the house size and any obligation to adhere to RHS standards. No, other
changes to the conditions of approval were made.
Therefore, any modifications to the first two conditions listed above would require an
application to modify the Tentative Map. The applicant has not applied. to modify or
remove these conditions.
Analysis:
Site Plan
The tentative map approval has constrained the development area on the parcel. The site
is restricted by a slope easement, an ingress -egress easement, tree removal restraints, and
mandated driveway locations that limit areas on the parcel where development may
occur. The proposed residence is accessed by the shared private road off of Lindy Lane
with a new driveway at a location that provides the shortest driveway and in an area
with the least amount of grading on the hillside and minimal disruption to the existing
coast live oak trees on site. The proposed project includes six parking spaces, three
EXC-2016-07, R-2016-28, RM -2016-26 Qi Residence September 26, 2017
(EA -201601)
enclosed (inside garage) and three exterior (driveway) as required by the parking
ordinance since on street parking is unavailable.
Architecture and Design Standards
The proposed residence is stepped and consists of two levels, a basement and an attached
accessory dwelling unit. A breakdown of the square footage of the house is detailed in
Table 1. House Size below. As indicated in the table and in Sheet A15 of the proposed
plans, the size of the residence is actually 8,962.7 square feet, and not 9,144.6 square feet
as noticed. This information on the cover sheet that was used to generate the noticing for
the project was incorrect.
'fable 1. House Size
;�
m 5
ea co t d
��
ea- arl e
.�_:
Total
REM" 5 "
0
._....___......_...._ ,......_.,,. __.,,.,....,.t__a..,....vnc..a_r„..,....._."�..=..,—.,._......._........
.T _....;ua av'i+.••iHwx'knSoi1w::"�vw.._.__.,____';'M`
pme
W s'#3Ui'eafF R..
Primary Residence
First Floor
3,756.9 s.f.
3,756.9 s.f.
Second Floor
2,027.0 s.f
2,027.0 s.f.
Interior Areas >16' (Double Counted)
394:0 s.f.
394.0 s.f.
Basement
1,986.6 s.f.
1,986.6 s.f.
Accessory Dwelling Unit
798.2 s.f.
798.2 s.f.
Total
6,976.1 s.f.
8,962.7 s.f.
The homes on the north side -of Lindy Lane within the R1-20 zone have home sizes that
range from 1,700 square feet to 9,400 square feet, with FAR ratios between 5% - 30%. The
residences on the south side of Lindy Lane, within the R1-10 zone have home sizes that
average 2,400 square feet, with an average FAR of 27%. Although the home would be
larger than most homes within the immediate area, it is smaller than what the R1
regulations allow for a lot of this size.
Further, the residence will be sited away from the public right -of way and much of what
is seen from Lindy Lane will be screened by the existing mature Coast Live Oak trees and
required and proposed future plantings. The proposed residence generally follows the
primary natural contours of the lot. The neighbors above the private road or those
immediately adjacent are not anticipated to be significantly impacted because due to the
stepped design of the home and the site topography, those neighbors would largely see
only a one story facade.
Although the home is not located within the Residential Hillside (RHS) zoning district,
the applicant has met the design standards for building colors and roof materials in
conformance with Chapter 19.40: Residential Hillside (RHS) Zones. The proposed plans
EXC-2016-07, R-2016-28, RM -2016-26 Qi Residence September 26, 2017
(EA -2016-01)
indicate that the home is designed with natural earth tones and materials that have low
light reflectivity values of 60 or less.
The home is designed in a French Country architectural style. The project includes gabled
dormers, stucco and stone walls, and decorative details on the second floor such as
corbels and Juliet balconies. The roof will be covered with slate, which is a common
feature for homes in this variety. The City's consultant architect reviewed the design of
the home and agreed that it was well designed within its architectural style. A condition
of approval has been added to ensure that the applicant adheres to the design standard
for natural materials, colors and reflectivity to be sensitive to the hillside context.
Hillside Exception for Development on Slopes Greater Than 30%
The lot is located in the Single Family Residential (R-1) zoning district and the proposed
home complies with all other aspects of the R-1 zoning district's site development
regulations including, but not limited to, setbacks, height, FAR, grading, and parking.
However, since the property has a fairly steep average slope of 36%, it is also requires a
Hillside Exception permit since it is proposing to develop areas over 500 square feet on
slopes greater than 30%. Approximately 13,340 square feet, or 60% of the lot, is on slopes
greater 30%.
The intent of this rule is to minimize and discourage unnecessary hillside grading
activities and visual disturbances. However, if the project/property presents unique
circumstances or hardships (typically physical or topographical challenges), then the City
may consider an exception provided that the project is designed to minimize the extent
of the exception and impacts to the surrounding hillside. The City has historically
approved Hillside Exceptions for single family homes to allow reasonable development
of steeper hillside properties if they meet the findings for the exception.
The siting and design of the proposed house follows the contours of the site to minimize
grading, minimizes the removal of the oak trees and reduces the visibility of all retaining
walls necessary to develop the property in'a manner consistent with the findings for the
Hillside Exception permit. All appropriate studies have been conducted and conditions
related to the geotechnical stability of the site and structure, drainage, landscaping,
fencing have also been added to ensure that the project is consistent with the findings for
the Hillside Exception.
Geological Review
The City's Geotechnical Consultant has peer-reviewed the geotechnical reports prepared
by the applicant's geotechnical consultant (See Attachment 6, Technical Appendix),
concluded that the project is feasible, and has no objections to the proposed plans.
EXC-2016-07, R-2016-28, RM -2016-26 Qi Residence September 26, 2017
(EA -2016-01)
The City's Geotechnical Consultant recommends that the applicant's geotechnical
consultant's recommendations be incorporated into the construction plans and that the
foundation of the proposed home be sufficiently imbedded into the bedrock.
Additionally, he also recommends that the applicant's geotechnical consultant should
review and approve all geotechnical aspects of the project and building and grading
plans to ensure that the recommendations have been properly, incorporated. The City
consultant's recommendations are incorporated as conditions of approval.
Trees and Privacy Protection
As a part of the project, the applicant proposes to remove seventeen (17) trees onsite in
order to facilitate the proposed residence and site improvements. These include
Redwood, Wild and Flowering Plums, Monterey Cypress, Sycamore, and non -specimen
Coast Live Oak and Deodar Cedars. All trees proposed for removal are not of adequate
size to be considered protected in accordance with Chapter 14.18: Protected Trees and are
proposed for removal as they are in the footprint of the new residence and driveway, or
are dead. The City's Consulting Arborist has reviewed the proposal and concurs (See
Attachment 6, Technical Appendix).
One additional tree, a specimen -size Deodar, Cedar may need to be removed because the
tree's root area could be in conflict with the development. In the event the tree requires
removal, the property owner will need to submit for a Tree Removal Permit.
Although not required to replace the trees being removed, since this is identified as an
impact in the Mitigated Negative Declaration prepared (discussed further below,) the
applicant will replace the'removed trees with 24 -inch box Coast Live Oak trees on a 1:1
ratio in areas of the parcel where they will provide screening of the home from the
neighboring residences. A condition of approval has been added to the draft resolution
for the required replacement trees. The number of -trees required to be planted'may be
reduced, and in lieu fees paid, if it is determined that all ,the tree replacements cannot be
adequately supported according to good urban forestry practices due to overplanting or
overcrowding on the property. The final location, number and species of the tree
replacements will be reviewed by staff and the City's consultant arborist in conjunction
with the building permit review.
In addition, the project is required to plant two privacy protection trees to the north of
the property. However, the adjacent property is located at a higher elevation than the
project site. The R1 ordinance allows neighbors to waive or modify privacy protection
requirements. At this time, this has not been proposed by the applicant but is an option
they could pursue in lieu of planting the privacy protection trees.
EXC-2016-07, R-2016-28, RM -2016-26 Qi Residence September 26, 2017
(EA -2016-01)
In accordance with TM -2005-05, the applicant is not allowed to remove any of the trees
along Lindy Lane and prior to building permit approval, a tree protection bond is
required for all trees slated for preservation. To further reduce possible visual impacts
for neighbors across Lindy Lane to the south, two additional 36" box Live Oaks are
required to be planted within the gap between existing Live Oak trees along Lindy Lane.
A condition of approval has been added to require -the planting of these trees.
Environmental Review
A Draft Initial Study and Mitigated Negative Declaration has been prepared for the
project (See Attachment 6.) The Mitigated Negative Declaration identifies mitigation
measures, which have been added as conditions of approval to the draft resolutions, in
the following areas, to reduce the potential environmental impacts of the project to less
than significant levels:
® Air Quality: Construction shall comply with the BAAQMD's recommendations and
the City's standard air quality measures.
® Biological Resources Tree replacements in conformance with the City's Protected Tree
Ordinance and nesting surveys consistent with the federal Migratory Bird Treaty Act
and the California Department of Fish and Game Code are required.
® Geology and Soils: Design -level geotechnical plans shall be provided to the satisfaction
of the City Building Official and all foundational piers shall extend into the bedrock.
® Cultural Resources: In the event that cultural resources (archeological or human
remains) are discovered during construction all work shall be temporarily halted.
® Temporary Noise Levels: Construction shall comply with the City's Noise Ordinance
and standard noise mitigation measures.
The Notice of Intent (NOI) to adopt,a Mitigated Negative Declaration was placed in the
newspaper and mailed to notify neighbors and interested. parties that a Draft Mitigated
Negative Declaration had been prepared. Written comments were invited between July
10 and July 30. Notice of the Environmental Review Committee's meeting was also
provided in a timely fashion. On July 20, 2017, the Environmental Review Committee
(ERC) recommended adoption of the Mitigated Negative Declaration (EA -2016-01) for
the project per the California Environmental Quality Act (CEQA).
Comments were received from the public, including neighbors, and the Audubon
Society, both, before and during the ERC hearing, expressing concerns regarding impacts
to the site and neighboring residences (See Attachment 7.) While many of the comments
have already been addressed in the Draft MND, many were not directly related to the
environmental effects of the proposed development and have been discussed further in
the Public Noticing and Community Outreach section below.
EXC-2016-07, R-2016-28, RM -2016-26 Qi Residence September 26, 2017
(EA -2016-01)
Certain concerns were brought up related to the potential impacts to wildlife and the
natural environment in the comments. As such, it is recommended that the Draft Initial
Study/Mitigated Negative Declaration be amended to address potential impacts to
wildlife and the environment as discussed below.
Wildlife Impacts:
The City's General Plan has a policy (ES -5.4) for hillside development which encourages
fencing to be confined to the area around the residence, rather than around the entire site,
allowing for migration of wild animals. There is evidence that deer and other wild
animals are present in the area and traverse through this property. This was also
evidenced at site visits to the property. While minimal fencing is currently proposed,
under R1 zoning regulations the property could largely be fenced with solid board
fencing. Therefore, it is recommended that the following mitigation measure be added
consistent with Municipal Code Section 19.48.030 (F)(1)(b):
Mitigation Measure BIO -4: In order to allow the movement of wildlife, only 5,000 square
feet (excluding the principal building) of net lot area may be enclosed with solid board
fencing. Fencing shall not be located within the Slope Easement on the property.
Native Vegetation:
Since the lot is located on a previously undeveloped slope, much of the property has
existing native vegetation. The City's General Plan identifies this property to be in the
Grassland vegetation area. Policy ES -5.3: Landscaping In and Near Natural Vegetation
states "Preserve'and enhance existing natural vegetation, landscape features and open space when
new development is proposed within existing natural areas. When development is proposed near
natural vegetation, encourage the landscaping to be consistent with the palate of vegetation found
in the natural vegetation. "The strategies to implement this policy.include Strategy ES -5.3.1:
Native Plants which emphasizes "the planting of native, drought tolerant, pest resistant, and
non-invasive, climate appropriate plants and ground covers, to prevent disturbance of the natural
terrain and particularly for erosion control" and Strategy ES -5.3.2: Hillsides which states
"Minimize lawn area in the hillsides."
Although the proposed landscaping is absent of any turf or similar high water demand
plantings, the following mitigation measure is proposed to be added to the Mitigated
Negative Declaration to ensure that the project continues to be consistent with the
aforementioned General Plan standards as follows:
Mitigation Measure BIO -5: The project shall comply with Chapter 14.15: Landscape
Ordinance of the City of Cupertino's Municipal Code. Turf shall not be planted on slopes
greater than 25% and as the site is located within in an area designated wildland urban
EXC-2016-07, R-2016-28, RM -2016-26 Qi Residence September 26, 2017
(EA -2016-01)
interface by Chapter 16.74, fire -prone plant materials and highly flammable mulches are
strongly discouraged. Plants shall be selected, arranged and maintained to provide
defensible space for wildfire protection, in conformance with California Public Resources
Code Section 4291. The installation of invasive plant species and noxious weeds is
prohibited.
Other Department/Agency Review
The City's Public Works Department, Building Division, Cupertino Sanitary, and the
Santa Clara County Fire Department reviewed the project and have no objections. Their
pre -hearing comments/conditions have been incorporated as conditions of approval in
the draft resolutions.
PUBLIC NOTICING AND COMMUNITY OUTREACH
The following table is a brief summary of the noticing done for this project:
ggg
,�EN
k: ?�m��Ui."'-'i®�i.4i4IJ 6. �£�duTt,i3
a�".�.�.�$. aN 1010-
�i,.:....,.a..,�s-u.
® Site Signage (14 days prior to the hearing)
-Posted on the City's
® Legal ad placed in newspaper (at least 10 days prior
official notice bulletin
to the hearing)
board (five days prior to the
® 31 notices mailed to property owners within 300
hearing)
feet (at least 10 days prior to the hearing)
® Posted on the City of
® 12 interested persons were emailed (at least 10 days
Cupertino's Web site ( five
prior to the hearing)
days prior to the hearing)
In addition to the standard noticing and information on the City's website, the applicant
mailed a letter in June 2017, which included a brief project description and plans to the
property owners within 300 feet of the project site in order to gather community input.
Staff received comments from neighbors and other interested members of the public (see
Attachment 7). Their concerns and Staff responses are summarized below:
The home is too large for the site and is incompatible with the neighborhood. The development
violates the City's General Plan goals and policies for Hillside development and exceeds zoning
limitations.
Response: The proposed home complies with all aspects of the R-1 zone's site
development regulations including, but not limited to, setbacks, height, FAR, Lot
Coverage, grading, and parking. The project also complies with the findings for a
Hillside Exception by stepping stories to follow existing contours, which also helps to
minimize grading and visual impacts.. As noted earlier in this report, the proposed
home does have a larger FAR than average home sizes on Lindy Lane. However, the
EXC-2016-07, R-2016-28, RM -2016-26 Qi Residence
(EA -2016-01)
September 26, 2017
proposed home has an FAR of 35%, which is smaller than the 45% FAR allowed by
R1 regulations. Further, a number of design features have been added to minimize
visual impact. The proposed residence follows the natural contours of the site and
has been sited away from the public rights -of way so that the view from Lindy Lane
will be screened by the existing mature Coast Live Oak trees and proposed future
plantings. In addition, the stepped design of the home ensures that the neighbors
along the private road will largely see only a one-story fagade and will not be
significantly impacted.
Consider other driveway location options such as further down the private road or off of Lindy
Lane.
Response: As noted earlier, the. City Council, in its approval of the tentative map for
the parcel (TM -2005-05,) added a condition of approval that required the property to
be accessed from the private road and prohibited access from Lindy Lane. Therefore,
staff worked with the applicant consistent with Council direction to find a driveway
approach off the private road that minimized grading, tree removal and met the
conditions of the Hillside Exception. The proposed 'location of the driveway
minimizes grading and the removal of trees. As a result, the proposed option is being
recommended. Any proposal to locate the driveway off Lindy Lane would require a
modification to the Tentative Map approval and a separate review of environmental,
development regulations, geological and other issues. At this time, the applicant has
not proposed a modification to the Tentative Map to consider a driveway off Lindy
Lane. Therefore, this is not being considered as part of this hearing. However, in order
to provide some background, staff is providing preliminary information on possible
alternatives.
Relocating driveway downhill along private road — This option would not require a
modification to the Tentative Map approval; however, it would require additional
environmental and project review. Staff reviewed a preliminary option to move the
driveway further downhill along the private road. However, moving the driveway
further downhill along the private road would greatly increase the length of the
driveway, create significant amounts of additional grading for its construction,
require the removal of additional native, including coast live oak, trees and the
construction'of retaining walls.
Driveway off Lindy Lane — As noted earlier, this option would require a modification of
the Council condition for the tentative map approval and associated environmental
and project review. A relocation of the driveway off Lindy Lane could require
significantly more grading than relocating the driveway downhill along the private
road, and therefore, removal of some of the mature native, including coast live oak,
trees along Lindy Lane and the construction of high, very visible retaining walls.
EXC-2016-07, R-2016-28, RM -2016-26 Qi Residence September 26, 2017
(EA -2016-01)
® Analysis for the site is based on inaccurate topographic analysis and tree survey.
Response: The topographic map and tree survey were completed by a licensed civil
engineer. Staff has reviewed the submitted civil drawings and believes that they are
consistent with the LiDAR (light and radar) contour maps used by the City's
Geographical Information System (GIS).
Development on the lot would cause hardships on the neighborhood due to construction
impacts.
Response: Construction activities for this project will be short-term and temporary in
duration. These have been discussed in the Draft Mitigated Negative Declaration.
Typically projects of this size do not generate; emissions that could represent a
significant impact with respect to air quality. However, construction noise can cause
some temporary impacts to nearby residences. The project has been conditioned to
reduce these impacts consistent with the Mitigation Measure NOI-1. In addition,
Mitigation Measure AIR -1, and conditions of approval requiring adherence to Best
Management Practices related to stormwater control measures, reduce any dust, and
mud from leaving the site. Any violation of these . conditions of approval are a
violation of Municipal Code and subject to Code Enforcement.
® Trees onsite, such as Coast Live Oaks, will be adversely affected by development of the site.
Response: As previously mentioned, no Protected Trees are proposed to be removed
as part of the proposal. However, this is identified as an impact in the Draft Mitigated
Negative Declaration and appropriate mitigations have been identified to mitigate
removal of these trees consistent with the replacement requirements of the Protected
Tree Ordinance. In addition, to the replacement requirements as Mitigation Measure
BIO -1, the applicant is required to retain all of the trees along Lindy Lane, plant
additional trees to fill in existing gaps, and provide a tree protection bond for all trees
slated for preservation prior to building permit approval.
PERMIT STREAMLINING ACT
This project is subject to the Permit Streamlining Act (Government Code Section 65920 —
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project Received: June 28, 2016
Project Resubmittal. July 15, 2016
Project Resubmittal. November 1, 2016
Project Resubmittal: June 10, 2017
Deemed Incomplete: July 19, 2016,
Deemed Incomplete: August 11, 2016,.
Deemed Incomplete. November 22, 2016
Deemed Complete: June 27, 2017
EXC-2016-07, R-2016-28, RM -2016-26 Qi Residence September 26, 2017
(EA -2016-01)
The City had 60 days, until, August 27, 2017 to make a decision on the project. However,
the applicant had requested a postponement of the Planning Commission Hearing to
September 26, 2017.
CONCLUSION
Staff recommends approval of the Project with the recommended amendments to the
Draft Initial Study/Mitigated Negative Declaration. As explained in this staff report and
the attached resolutions and exhibits, the Project and conditions of approval address all
concerns related to the Project, and all the findings supporting approval of the Project are
consistent with Chapter 19.168 of the Cupertino Municipal Code.
NEXT STEPS
The Planning Commission's decision on this project is final unless appealed within 14
calendar days of the decision. The applicant may submit applications for grading and
building permits to commence construction after the appeal period ends.
This approval expires on September 26, 2019, at which time the applicant may apply for
a one-year extension.
Prepared by:. Gian Paolo Martire, Associate Planner
Reviewed by Piu Ghosh, Principal Planner
Approved by: Benjamin Fu, Assistant Director of Community Development
ATTACHMENTS:
1— Draft Resolution for EA -2016-01
2 - Draft Resolution for EXC-2016-07
3 — Draft Resolution for R-2016-28
4 — Draft Resolution for RM -2016-26
5 — Plan set
6 — ERC Recommendation, IS/MND including Technical Appendix
7 — Public Comments as of September 21 2017
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6839
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE DEVELOPMENT OF
A VACANT PROPERTY LOCATED AT LOT 1 LINDY LANE (APN 356-25=031)
SECTION I: PROTECT DESCRIPTION
Application No: EA -2016-01
Applicant: Glush Dada
Location: Lot 1 Lindy Lane (APN 356-25-031)
SECTION II: ENVIRONMENTAL REVIEW PROCESS
WHEREAS, Glush Dada submitted an application to the City of Cupertino on June 28,
2016 for a Hillside Exception, Two Story Permit and Minor Residential permits to allow
the development of a new two-story home and accessory dwelling unit on a vacant lot
on slopes greater than 30%, and associatedenvironmental review ("Project"); and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code Section 21000 et seq.) ("CEQA") together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City prepared an Initial Study and proposed
Mitigated Negative Declaration for the Project ("IS/MND"); and
WHEREAS, the Project is additionally described in the August 2017 "Qi Residence" Draft
Initial Study/Mitigated Negative Declaration ("Draft IS/MND"); and
WHEREAS, on July 10, 2017 the City issued a Notice of Intent to Adopt a Mitigated
Negative Declaration; and
WHEREAS, on July 10, 2017 the Draft IS/MND for the project was distributed to
responsible agencies and the public for review and comment for a 20 -day period that
ended July 30, 2017; and
WHEREAS, the IS/MND concluded that significant environmental effect on Geology and
Soils, Air Quality, Biological Resources, Cultural Resources, and Noise would be avoided
Resolution No. 6839 EA -2016-01 September 26, 2017
Page -2
or reduced to less -than -significant levels by mitigation measures ("MM") identified in
the IS/MND; and
WHEREAS, On July 27, 2017, prior to making any recommendations regarding the
adoption of the Draft IS/MND, the City of Cupertino's Environmental Review Committee
held a duly noticed public hearing to receive public testimony where it reviewed and
considered the information contained in the Draft IS/MND, voted 5-0-0 to recommend
that the Planning Commission adopt the Draft IS/MND (EA -2016-01) and mitigation
measures with amendments made with their motion; and
WHEREAS, additional mitigation measures have been identified in response to the
public comments received during the public comment period and these have been
incorporated in the Final Initial Study/Mitigated Negative Declaration ("Final IS/MND")
as MM BIO -4 and MM BIO -5; and
WHEREAS, the changes made after publication of the IS/MND, including changes
recommended by the Environmental Committee, merely clarify, amplify or make
insignificant modifications to the IS/MND, and recirculation of the IS/MND is not
required; and
WHEREAS, for all comments received following the close of the public review and
comment period, responses have been provided with staff reports;
WHEREAS, the comments received on the IS/MND, along with responses to these
comments, are included in the staff report, summarized;
WHEREAS, the Planning Commission has independently reviewed and considered the
IS/MND together with the comments and the responses to those comments prior to taking
action on the Project;
WHEREAS, the comments received by the 'Planning Commission do not require major.
revisions to the IS/MND due to new or substantially more severe significant effects on
the environment; and
WHEREAS, on September 26, 2017 prior to taking action on the Project, the Planning
Commission held a duly noticed public hearing to receive staff's presentation and public
testimony, and to further consider the information contained in the Final IS/MND, along
with all staff reports, other pertinent documents, and all written and oral statements
received prior to and at the public hearing;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony, staff reports, public
comments, and other evidence submitted in this matter, the Planning Commission:
1. Finds that the Final IS/MND for the Project has been completed in compliance with
Resolution No. 6839 EA -2016-01 September 26, 2017
Page -3
the CEQA and reflects the independent judgment and analysis of the City.
2. Finds that, on the basis of the whole record before it, there is no substantial evidence
that the Project as proposed and mitigated will have a significant effect on the
environment.
3. Adopts the Final Mitigated Negative Declaration (Final MND) for the Project.
4. Adopts the Mitigation Monitoring and Reporting Program for the Project, as
amended, attached hereto as Exhibit EA -1, and incorporated herein by reference,
which incorporates all the mitigation measures required under the Final MND. The
Planning Commission further makes the mitigation measures required conditions of
approval of the Project to the extent they are within the responsibility and jurisdiction
of the City as summarized below:
a. AESTHETICS
MM AES -1: Prior to approval of planning entitlements and issuance of building
permits, the size of home will be limited in size not to exceed a Floor Area Ratio
of approximately 25%. Plan sets to be submitted for architectural review and
building permits shall ensure that the size of home does not exceed the prior stated
limitation.
b. GEOLOGY AND SOILS MITIGATION MEASURES
MM GEO-1: Construction Shoring Plans — prior to approval of grading permits,
shoring plans shall be submitted to the City for review and approval. The,
contractor/geotechnical consultant shall document the existing conditions along
the neighboring property prior to grading.
MM GEO-2: The project plans and shoring plans shall be reviewed by the project
geotechnical consultant to assure that their recommendations have been properly
incorporated. The Construction Shoring Plans, and Geotechnical Plan Review
shall be submitted to the City for review and approval by City staff prior to
issuance of building permits.
MM GEO-3: The Project Geotechnical Consultant shall inspect, test (as needed),
and approve all geotechnical aspects of the project construction. The inspections
shall include, but not necessarily be limited to: site preparation and grading, site
surface and subsurface drainage improvements and excavations for foundations
and retaining walls prior to the placement of steel and concrete. The results of
these inspections and the as -built conditions of the project should be described by
the Project Geotechnical Consultant in a, letter and submitted to the Town Engineer
for review prior to final (as -built) project approval.
Resolution No. 6839 EA -2016-01 September 26, 2017
Page -4
c. AIR QUALITY MITIGATION MEASURES
MM AIR -1:
The following shall be strictly adhered to during the construction of the proposed
project and shall be incorporated into the building plans prior to grading and/or
building permit issuance to ensure that the building contractor is aware of these
requirements:.
® All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
® All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
® All visible mud or dirt track -out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
® All vehicle speeds on unpaved roads shall be limited to 15 mph.
® All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.
® Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access points.
® All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
by a certified visible emissions evaluator.
® Post a publicly visible sign with the telephone number and person to contact
at the lead agency regarding dust complaints. This person shall respond and
take corrective action within 48 hours. The Air District's phone number shall
also be visible to ensure compliance with applicable regulations..
d. BIOLOGICAL RESOURCES MITIGATION MEASURES
MM BI0-10
® The applicant shall plant replacement trees in accordance with the
replacements requirements of the Protected Tree Ordinance. The trees shall be
planted prior to final occupancy of site permits.
® Any replacement tree or tree required to be planted for screening, shall be a
native California Oak (Coast Live Oak) or any native species listed in the
Protected Tree Ordinance.
Resolution No. 6839 EA -2016-01 September 26, 2017
Page -5
MM BIO -2:
The following shall be indicated on the building plans, prior to issuance of
grading and/or building permits:
® On-site irrigation shall be required at the start of construction until completion
of construction to assure the survival of the trees near the construction
envelope.
® The existing trees to remain shall be protected during construction per the
City's Protected Tree Ordinance (Chapter 14.18 of the Municipal Code). The
City's. standard tree protection measures (City of Cupertino Standard Detail 6-
4) shall be listed on the plans, and protective fencing shall be installed around
the trees to remain prior to issuance. of grading permits. A report ascertaining
the good health of these trees shall be provided prior to issuance of final
occupancy.
Nests of raptors and other birds shall be protected when in active use, as required
by the federal Migratory Bird Treaty Act and the California Department of Fish
and Game Code. If construction activities and any required tree removal occur
during the breeding season (February 1 and August 31), a qualified biologist shall
be required to conduct surveys prior to tree removal or construction activities.
Preconstruction surveys are not required for tree removal or construction activities
outside the nesting period. If construction would occur during the nesting season
(February 1 to August 31), preconstruction surveys shall be conducted no more
than 14 days prior to the start of tree removal or construction. Preconstruction
surveys shall be repeated at 14 -day intervals until construction has been initiated
in the area after which surveys can be stopped. Locations of active nests containing
viable eggs or young birds shall be documented and protective measures
implemented under the direction of the qualified biologist until the nests no longer
contain eggs or young birds. Protective measures shall include establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such
as orange construction fencing or equivalent) around each nest location as
determined by a qualified biologist, taking into account the species of birds
nesting, their tolerance for disturbance and proximity to existing development. In
general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for
passerines and other birds. The active nest within an exclusion zone shall be
monitored on a weekly basis throughout the nesting season to identify signs of
disturbance and confirm nesting status. The radius of an exclusion zone may be
increased by the qualified biologist if project activities are determined to be
adversely affecting the nesting birds. Exclusion zones may be reduced by the
qualified biologist only in consultation with California Department of Fish and
Resolution No. 6839 EA -2016-01 September 26, 2017
Page -6
Wildlife. The protection measures shall remain in effect until the young have left
the nest and are foraging independently or the nest is no longer active.
MM B10-4:
In order to allow the movement of wildlife, only 5,000 square feet (excluding the
principal building) of net lot area may be enclosed with solid board fencing.
Fencing shall not be located within the Slope Easement on the property.
MM B10-5:
The project shall comply with Chapter 14.15: Landscape Ordinance of the City of
Cupertino's Municipal Code. Turf -shall not be planted on slopes greater than 25%
and as the site is located within in an area designated wildland urban interface by
Chapter 16.74, fire -prone plant materials and highly flammable mulches are
strongly discouraged. Plants shall be selected, arranged and maintained to
provide defensible space for wildfire protection, in conformance with California
Public Resources Code Section 4291. The installation of invasive plant species and
noxious weeds is prohibited.
e. CULTURAL RESOURCES MITIGATION MEASURES
MM CR -1:
In the event that any prehistoric or historic subsurface cultural resources are
discovered during ground disturbing activities, all work should be temporarily
halted in the vicinity of the discovered materials and workers should avoid
altering the materials and their context until a qualified professional archaeologist
has evaluated the situation and ,provided appropriate recommendations. Project
personnel should not collect cultural resources. The City of Cupertino (orits
representative) shall consult with a qualified archaeologist or paleontologist to
assess the significance of the find. If any find is determined to be significant, the
City of Cupertino (or its representative) and the archaeologist and/or
paleontologist would meet to determine the appropriate avoidance measures. All
significant cultural materials recovered shall be subject to scientific analysis,
professional museum duration, and a report prepared by the qualified
Archaeologist according to current professional standards.
Resolution No. 6839 EA -2016-01 September 26, 2017
Page -7
f. NOISE MITIGATION MEASURES
MM N®I-1:
The following construction noise mitigation measures shall be taken in order to
reduce noise event impacts to nearby receptor areas and shall be incorporated into
the building plan set prior to grading and/or building permit issuance:
® Construction activities shall be limited to the hours of 7:00 am to 8:00 pm on
weekdays and 9:00 am to 6:00 pm on weekends. Construction activities are
prohibited on holidays.
® All construction equipment shall use noise -reduction features that are no less
effective than those originally installed by the manufacturer. If no noise -
reduction features were originally installed, then the contractor. shall require
that at least a muffler be installed on the equipment.
® No individual device will produce a noise level more than 87 dBA at a distance
of twenty-five feet or the noise level on any nearby property does not exceed
80 dBA.
PASSED AND ADOPTED at an Regular Meeting of the Planning Commission of the City
of Cupertino the 26th day of September 2017, by the following roll call vote:
AYES: COMMISSIONERS: Chair Sun, Vice Chair Paulsen, Fung, Liu, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/sBenlamin Fu /s/Don Sun
Benjamin Fu Don Sun
Asst. Director of Community Development Chair, Planning Commission
Exhibit EA -1
Lot 1 Lindy Lane, APN# 356-25-031
September 2017
Impact
Mitigation Measure
Timeframe and
Method of
Oversight of
Responsibility for
Compliance
Implementation
Implementation
AESTHETICS
Impact A — Aes
Mitigation Measure AES -1:
The project proponent
Director of
Director of Community
Substantially degrade
Prior to approval of planning entitlements
shall be responsible
Community
Development
the existing visual
and issuance of building permits, the size of
for ensuring that the
Development and
character or quality of
home will be limited in size not to exceed a
design of the home is
Building Official
the site and its
Floor Area Ratio of approximately 25%. Plan
consistent with this
shall review plan
surroundings
sets to be submitted for architectural review
mitigation at the
sets for
and building permits shall ensure that the
design review and
conformance
size of home does not exceed the prior stated
permit issuance.
prior to issuance
limitation.
of grading and/or
building permits.
GEOLOGY AND SOILS
Impact A — Geo
Mitigation Measure GEO-1:
At the final design
The Director of
Director of Public
Expose people or
Construction Shoring Plans - Prior to'
phase, the project
Public Works
Works, City Geologist
structures to potential
' approval of grading permits, shoring plans
proponent shall be
and City
substantial - adverse
shall be submitted to the City for review and
responsible for
Geologist shall
effects, including the
approval. The contractor/geotechnical
ensuring;that the
review the design -
risk of loss, injury, or
consultant shall document the existing
recommendations in
level geotechnical
death involving:
conditions along the neighboring property
the final -design level
analysis and
® i) Rupture of a
prior to grading.
geotechnical
construction
known
investigation are
documents,
earthquake
Mitigation Measure GEO-2.:
incorporated into the,
contracts, and
fault, as
The project plans and shoring plans shall be
final project design.
project plans
delineated on
reviewed by the project geotechnical
These
prior to issuance
the most recent
consultant to assure that their
recommendations
of grading and/or
Alquist-Priolo
recommendations have been properly
shall be printed on all
building permits.
Earthquake
incorporated. The Construction Shoring
construction
Fault Zoning
Plans, and Geotechnical Plan Review shall be
documents, contracts,
Map issued by
submitted to the City for review and
and project plans.
the State
approval by City staff prior to issuance of
Geologist for the
building permits.
At the construction
Impact
Mitigation Measure
Timeframe and
Method of
Oversight of
Responsibility for
Compliance
Implementation
Implementation
area or based on
phase, the project
other
Mitigation Measure GEO-3:
proponent shall be
substantial
The Project Geotechnical Consultant shall
responsible for
evidence of a
inspect, test (as needed), and approve all
completing all
known fault?
geotechnical aspects of the project
improvements related
Refer to
construction. The inspections shall include,
to these measures.
Division of
but not necessarily be limited to: site
Mines and
preparation and grading, site surface and
Geology Special
subsurface drainage improvements and
Publication 42.
excavations for foundations and retaining
® Strong seismic
walls prior to the placement of steel and
-
ground
concrete.. The results of these inspections and
shaking?
the as-builtconditions of the project should
® Seismic -related
be described by the Project Geotechnical
ground failure,
Consultant in a letter and submitted to the
including "
Town Engineer for review prior to final (as -
liquefaction?
built) project approval.
® Landslides?
Impact B — Geo
Result in substantial soil
erosion or the loss of
topsoil?
-
Impact C — Geo
Be located on a geologic
unit or soil that is
unstable, or that would
become unstable as a
result of the project, and
potentially result in on -
or off-site landslide,
lateral spreading,
Impact
Mitigation Measure
Timeframe and
Method of
Oversight of
Responsibility for
Compliance
Implementation
Implementation
subsidence, liquefaction
or collapse?
Impact D — Geo
Be located on expansive
soil, as defined in Table
18-1-B of the Uniform
Building Code, creating
substantial risks to life or
property?
AIR QUALITY
Impact A- AIR
Mitigation Measure AIR -1:
During the
Improvements
Director of Community
Conflict with or obstruct
construction and post-
related to these
Development
implementation of the
1. All exposed surfaces (e.g., parking areas,
construction phases,
measures shall
applicable air quality
staging areas, soil piles, graded areas, and
the project proponent
be printed on
plan?
unpaved access roads) shall be watered two
times per day.
shall be responsible
for implementing
all construction
documents,
Impact B — AIR
Violate any air quality
2. All haul trucks transporting soil, sand, or
these measures,
contracts, and
standard or contribute
other loose material off-site shall be covered.
including
project plans
substantially to an
improvements.
and shall be
existing or projected air
3. All visible mud or dirt track -out onto
reviewed by
quality violation?
adjacent public roads shall be removed using
wet power vacuum street sweepers at least
the Director of
Community
Impact C - AIR
Result in a cumulatively
once per day. The use of dry power
Development
considerable net
sweeping is prohibited.
prior to
increase of any criteria
4. All vehicle speeds on unpaved roads shall
issuance of
pollutant for which the
be limited to 15 mph.
grading. and/or
project region is non-
building .
attainment under an
5. All roadways, driveways, and sidewalks
permits.
applicable federal or
to be paved shall be completed as soon as
state ambient air quality
possible. Building pads shall be laid as soon
Impact
Mitigation Measure
Timeframe and
Method of
Oversight of
Responsibility for
Compliance
Implementation
Implementation
standard (including
as possible after grading unless seeding or
releasing emissions
soil binders are used.
which exceed
6. Idling times shall be minimized either by
quantitative thresholds
shutting equipment off when not in use or
for ozoneprecursors).
reducing the maximum idling time to 5
Impact D - AIR
minutes (as required by the California
Expose sensitive
airborne toxics control measure Title 13,
receptors to substantial
Section 2485 of California Code of
pollutant
Regulations [CCR]). Clear signage shall be
concentrations?
provided for construction workers at all
access points.
7. All construction equipment shall be
maintained and .properly tuned in
accordance with manufacturer's
specifications. All equipment shall be
checked by a certified visible emissions
evaluator.
8. Post a publicly visible sign with the
telephone number and person to contact at
_
the lead agency regarding dust complaints.
This person shall respond and take
corrective action within 48 hours. The Air
District's phone number shall also be visible
to ensure compliance with applicable
regulations.
BIOLOGICAL RESOURCES,
IMPACT A - BIO
Mitigation Measure BIO-3:
If construction
If grading and/or
Director of Community
Have a substantial
1. Nests of raptors and other birds shall be
activities and any
I
tree removal
Development
adverse effect, either
protected when in active use, as required by
be ins durin the
Impact
Mitigation Measure
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
directly or through
the federal Migratory Bird Treaty Act and
required tree removal
stated dates in the
habitat modifications, on
the California Department of Fish and Game
occur during the
mitigation
any species identified as
Code. If construction activities and any
breeding season
measure, A . final
a candidate, sensitive, or
required tree removal occur during the
(February 1 and
report of nesting
special status species in
breeding season (February 1 and August 31),
August 31), a qualified
birds, including
local or regional plans,
a qualified biologist shall be required to
biologist (hired by the
any protection
policies, or regulations,
conduct surveys prior to tree removal or
Project proponent) is
measures, shall
or by the California
construction activities. Preconstruction
responsible to shall be
be submitted to
Department of Fish and
surveys are not required for tree removal or
required to conduct
the Director of
Game or U.S. Fish and
construction activities outside the nesting
surveys prior to tree
Community
Wildlife Service?
period. If construction would occur during
removal or
Development
the nesting season (February 1 to August
construction activities.
prior to the start
31), preconstruction surveys shall be
Preconstruction
of grading.
conducted no more than 14 days prior to the
surveys are not
start of tree removal . or construction.
required for tree
Preconstruction surveys shall be repeated at
removal or
14-day intervals until construction has been
construction activities
initiated in the area after which surveys can
outside the nesting
be stopped. Locations of active nests
period. If construction
containing viable eggs or young birds shall
would occur during
be documented and protective measures
the nesting season
implemented under the direction of the
(February 1 to August
qualified biologist until the nests no longer
31), preconstruction
contain eggs or young birds. Protective
surveys shall be
measures shall include, establishment" of
conducted no more
clearly delineated exclusion zones (i.e.,
than 14 days prior to
demarcated by identifiable fencing, such as
the start of tree
orange construction fencing or equivalent)
removal or
around each nest location as determined by
construction.
a qualified biologist, taking into account the
Preconstruction
species of birds nesting, their tolerance for
surveys shall be
Impact
Mitigation Measure
Timeframe and
Method of
Oversight of
Responsibility for
Compliance
Implementation
Implementation
disturbance and proximity to existing
repeated at 14 -day
development. In general, exclusion zones
intervals until
shall be a minimum of 300 feet for raptors
construction has been,
and 75 feet for passerines and other birds.
initiated in .the area
The active nest within an exclusion zone
after which surveys
shall be monitored on a weekly basis
can be stopped.
throughout the nesting season to identify
signs of disturbance and confirm nesting
status. The radius of an exclusion zone may
be increased by the qualified biologist if
project activities are determined to be
adversely affecting the nesting birds.
Exclusion zones may be reduced by the
qualified biologist only in consultation with
California Department of Fish and Wildlife.
The protection measures shall remain in
effect until the young have left the nest and
are foraging independently or the nest is no
longer active.
IMPACT D — ILIO
Mitigation Measure BIO -4:
Ongoing mitigation.
Construction plan
Interfere substantially
In order to allow the movement of wildlife,
sets shall
with the movement of
only 5,000 square feet (excluding the
demonstrate_
any native resident or
principal building) of net lot area may be
compliance with
migratory fish or
enclosed with solid board fencing. Fencing
mitigation
wildlife species or with
shall not be located within the Slope
measure. Prior to
established native
Easement on the property.
final occupancy
resident or migratory
and Ongoing
wildlife corridors, or
_.
monitoring by
impede the use of native
City Staff.
wildlife nurser sites?
IMPACT E - BIO
Mitigation Measure ]SIO -1:
At the final design
The
Impact
Mitigation Measure
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
Conflict with any local
1. The applicant shall plant replacement trees
phase, the project
recommendations
policies or ordinances
in accordance with the replacements
proponent shall be
from the tree
protecting biological
requirements of the Protected Tree
responsible for
report shall be
resources, such as a tree
Ordinance. The trees shall be planted prior to
including the
printed on all
preservation policy or
final occupancy of site permits.
mitigation measures
construction
ordinance?
2. Any replacement tree or tree required to
be planted for screening, shall be a native
on construction
documents, contracts,
documents,
contracts, and
IMPACT lF — BIO
Conflict with the
California Oak (Coast Live Oak) or any
and project plans.
project plans and
provisions of an adopted
native species listed in the Protected Tree
shall be reviewed
Habitat Conservation
Ordinance.
by the Director of
Plan, Natural
At the construction
Community
.Community
Mitigation Measure BIO -2:
phase, the project
Development
Conservation Plan, or
1. Ori -site irrigation shall be required at the
proponent shall be
prior to issuance
other approved local,
start of construction until completion of
responsible for
of grading and/or
regional, or state habitat
construction to assure the survival of the
ensuring the
building permits.
conservation plan?
trees -near the construction envelope.
recommendations are
2. The existing trees to remain shall be
implemented.
protected "during construction per the `City's
Protected Tree Ordinance (Chapter 14.18 of
the Municipal Code). The City's standard
tree protection measures (City of Cupertino
Standard Detail 6- 4) shall be listed on the
plans, and protective fencing shall be
installed around the trees to remain prior to
issuance of building permits. A report
ascertaining the good health of these trees
shall be provided prior to issuance of final
occupancy.
Mitigation Measure B10-5:
Impact
Mitigation Measure
Timeframe and
Method of
Oversight of
Responsibility for
Compliance
Implementation
Implementation
The project shall comply with Chapter 14.15:
Landscape ' Ordinance of the City of
Cupertino's Municipal Code. Turf .shall not
be planted on slopes greater than 25% and as
the site is located within in an area
designated wildland urban interface by
Chapter 16.74, fire -prone plant materials and
highly flammable mulches are strongly
discouraged. Plants shall be selected,
arranged and maintained to provide
defensible space for wildfire protection, in
conformance with California Public
Resources Code Section 4291. The
installation of. invasive plant species and
noxious weeds is prohibited.
CULTURAL RESOURCES
IMPACT A — CR
Mitigation Measure CR -1
During site
All archaeological
Cause a substantial
In the event that any prehistoric or historic
excavation, the project
monitoring and
Director of
adverse change in the
subsurface cultural resources are discovered
proponent shall be
reporting
Community
significance of a
during ground disturbing activities, all work
responsible for
measures shall
Development
historical resource as
should be temporarily halted in the vicinity
implementation of
be printed on
defined in §15064.5?
of the discovered materials and workers
should avoid altering the materials and their
Archaeological
monitoring.
all construction
documents,
IMPACT B — CR
Cause a substantial
context until a qualified professional
Monitoring shall be
contracts, and
adverse change in the
archaeologist has evaluated the situation
conducted during
project plans and
significance of an
and provided appropriate
earthmoving activities
shall be reviewed
archaeological resource
recommendations. Project personnel should
by a qualified
by the Director of
pursuant to §15064.5?
not collect cultural resources. The City of
Cupertino (or its representative) shall
archaeologist.
Community
Development
IMPACT C — CR
Directly or indirectly
consult with a qualified archaeologist or
destroy a unique
paleontologist to assess the significance of
Impact
Mitigation Measure
Timeframe and
Method of
Oversight of
Responsibility for
Compliance
Implementation
Implementation
paleontological resource
the find. If any find is determined to be
During construction,
prior to issuance
or site or unique
significant, the City of Cupertino (or its
the project proponent
of,grading and/or
geologic feature?
representative) and the archaeologist and/or
paleontologist'would meet to determine the
and contractor shall be
responsible for
permits.
IMPACT D — CR
Disturb any human
appropriate avoidance measures. All
notification of any
remains, including those
significant cultural materials recovered shall
discoveries.
interred outside of
be subject to scientific analysis, professional
formal cemeteries?
museum duration, and a report prepared by
the qualified archaeologist according to
current professional standards.
NOISE
IMPACT A — NOI
Mitigation Measure NOI- 1:
At the construction
All attenuation
Director of Public
Exposure of persons to,
® Construction activities shall be limited to
phase, the project
measures shall
Works
or generation of, noise
the hours of 7:00 am to 8:00 pm on
proponent and
be printed on
levels in excess of
weekdays and 9:00 am to 6:00 pm on
contractor shall be
construction
standards established in
weekends. Construction activities are
responsible for
documents,
the local general plan or
prohibited on holidays.
completing all
contracts, and
noise ordinance, or
® All construction equipment shall use
improvements.
project plans and
applicable standards of
noise- reduction features that are no less
reviewed by the
other agencies?
effective than those originally installed by
the manufacturer. If no noise- reduction
Director of Public
Works prior to
IMPACT D — NOI
A substantial temporary
features were originally installed, then the
issuance of
or periodic increase in
contractor shall require that at least a
grading and/or
ambient noise levels in
muffler be installed on the equipment.
building permits.
the project vicinity
® No individual device will produce a noise
above levels existing
level more than 87 dBA at a distance of
without the project?
twenty-five feet or the noise level on any
nearby property does not exceed 80 dBA.
EXC-2016-07
As Amended at Planning Comm. Meeting
September 26, 2017
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California .95014
RESOLUTION NO. 6840
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
I
APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF
A NEW SINGLE-FAMILY RESIDENCE WITH A REDUCED MASS AND SCALE,
INCLUDING A FLOOR AREA RATIO OF APPROXIMATELY 25% ON SLOPES
GREATER THAN 30% LOCATED AT LOT 1 LINDY LANE, APN# 356-25-031
SECTION h PROTECT DESCRIPTION
Application No.: EXC-2016-07
Applicant: Glush Dada
Location: Lot 1 Lindy Lane (APN 356-25-031)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of. the City of Cupertino received an application
for a Development Permit for a Two -Story Permit for the construction of a new two
story 8,962.7 square foot residence at Lot 1 Lindy Lane, APN# 356-25-031, as identified
in Section I of this Resolution; and
WHEREAS, the necessary public notices were given as required by the Procedural
Ordinance 19.08 of the City of Cupertino, and the Planning Commission held a public
hearing on September _26, 2017 to consider the application and hear public testimony;
and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, prior to the Planning Commission meeting the Environmental Review
Committee heard the item on fuly 27, 2017 during which it reviewed the Draft
Mitigated Negative Declaration, received public comments, and recommended
i
Resolution No. 6840 EXC-2016-07 September 26, 2017
adoption of a Mitigated Negative Declaration on a 5-0 vote, with minor modifications;
and
WHEREAS, on September 26, 2017 the Planning Commission adopted the Initial
Study/Draft MND as the Final Initial Study/Mitigated Negative Declaration for the
project after adopting all the identified mitigation measures as conditions of approval
for the project; and
WHEREAS, on September 26, 2017 the Planning Commission, found the proposed scale
of the home to be incompatible and not in harmony with the surrounding
neighborhood, due to its large size and adverse visual impacts in the neighborhood; and
WHEREAS, the Applicant agreed with the Planning Commission to work with City
staff to implement changes to the Project, including reducing the project scope to make
it more consistent with a Floor Area Ratio (FAR) of approximately 25%, and avoiding
potential visual impacts that might be associated with the development; and
WHEREAS, since adoption of the Final Mitigated Negative Declaration ("MND") and
approval of a Hillside Exception for the Project on September 26, 2017, the Project has
been modified to reduce the massing and size of the home, and widen the private
roadway to a width between 18'-20', where reasonbale; and
WHEREAS, the modifications to the Project may result in a reduction in the size of the
project, which will not have any new or substantially more severe significant effects on
the environment requiring major revisions. to the MND; therefore, no subsequent
environmental impact report, subsequent MND or addendum is required;
andWHEREAS, the Planning Commission finds as follows 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.
The proposed site is situated on the northside of Lindy Lane. The previously undeveloped lot
is surrounded by existing hillside single-family residences. A geotechnical study leas been
conducted for the proposed project and all recommendations of the geotechnical consultant
have been incorportated into the development conditions of the approval. In addition, the
development is required to meet the Best Management Practices (BMPs), as required by the
State Water Resources Control Board and the Bay Area Air Quality Management District's
(BAAQMD) air quality standrads for construction activities. The project is also required to
adhere to the City's C.3 Municipal Permit for stormwater runoff management. Therefore, the
development will not be injurious to property or improvements in the area nor be detrimental '
to the public health and safety.
Resolution No. 6840 EXC-2016-07 September 26, 2017
2. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic.
The proposed residence will be serviced by a new driveway located off of an existing shared
private driveway. A portion of the private road is located on the subject site. The location of
the driveway is not unique from the location of the driveways of other properties that share
the private driveway. The addition of the driveway for one single family home is not expected
to create a hazardous condition for pedestrian or vehicular traffic. During construction, the
developer must also submit a traffic control plan by a Registered Traffic Engineer _to be
approved by the City. The plan shall include a temporary traffic control plan for work in the
right of way as well as a routing plan for all vehicles used during g construction. Therefore, the
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.
The property will be accessed by a shared private- road off of Lindy Lane as required as a
condition of approval of the Tentative Map approval for the creation of this parcel. A shared
maintenance agreement is already recorded for the maintenance and use of thel private road.
In addition, sewer and water connections . are available in the street. Therefore, the
development has, legal access to public streets and public services to serve the development.
4. The proposed development requires an exception, which involves the least
modification of, or deviation from, the development regulations necessary to
accomplish a reasonable use of the parcel.
As the parcel is steep, with an average slope of 36%, any development onsite that affects more
than 500 square feet of the slope (e.g, any home, structure or driveway construction in an
area over 500 sf.) would require a Hillside Exception. The site is constrained by a slope
easement, tree removal restrictions, and mandated driveway access restrictions that limit
areas on the parcel where development may occur. The siting and design of a proposed house
will follow the contours of the site to minimize grading, minimize the removal of oak trees
and reduce the visibility of retaining walls. necessary on site to develop the property in a
manner consistent with the Residential Hillside ordinance. To the extent possible the
proposed home. on site must adhere to an FAR of approximately 25%.
5. Other homes in the neighborhood have been developed with similar FARs. Aside f om the
exception to allow more than 500.s.f. of construction on slopes greater than 30%, the
proposed development will comply with all other development regulations of the R1-20
zoning district including, but not limited to, building height, setbacks, and floor area. The
development involves the least modification of the prescribed development regulations
necessary to accomplish a reasonable use of the parcel. All alternative locations for
Resolution No. 6840 EXC-2016-07 September 26, 2017
development on the parcel have been considered and have been found to create
greater environmental impacts than the location of the proposed development.
As the parcel is steep, with an average slope of 36%, any development (whether that of a
home, garage, or even, a driveway) -onsite that is over 500 square feet would require an
exception. Further, the site is constrained by a slope easement, tree removal restrictions, and
mandated driveway location restrictions which limit areas on the parcel where development
may occur. The siting and design of a proposed house will follow the contours of the site to
minimize grading, minimize the removal of oak trees and reduce the visibility of all retaining
walls necessary to develop the property in a manner consistent with the purpose of the
Hillside Ordinance. To the extent possible the proposed home on site must adhere to an FAR
of approximately 25%. Further, in order to restrict the removal of protected trees on the
property, the location of the building pad is further restricted.
Other alternative locations for development on the parcel would result in greater grading on
the site, removal of additional native trees than currently proposed and possibly increased
visibility of the structure to a greater number of neighbors. The proposed development will be
located to minimize environmental and grading impacts on the site.
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.
The geotechnical report and peer review do not indicate any conflicts with geological or
environmental hazards. Additionally, all reccommendations of the geotechnical engineers in
order to ensure structural stability of the proposed building have been incorporated into the
conditions of approval. Therefore, the proposed development does not consist of structures
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.
The proposed development follows, as closely as possible, the primary natural contours of the
lot to minimize erosion and scarring of the hillsides caused by necessary construction of the
housing site and improvements. Drainage and grading plans have been reviewed, and will
continue to be reviewed by the City Engineer and. the City's consultant geotechnical
engineers to ensure the safety of the development and of those neighboring residences.
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:
Resolution No. 6840 EXC-2016-07 September 26, 2017
a. The location of a structure on a ridgeline is necessary to avoid greater negative
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.
The subject site is not located within an identified ridgeline. Thus, the proposed project will
not consist of structures which would disrupt the natural silhouette of ridgelines as viewed
from established vantage points on the valley floor
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
environmental impacts.
The applicant shall use natural earth tone and/or vegetation colors which blend with the
natural hillside environment (as a condition of approval) and has designed the project in
such a manner as to reduce the effective visible mass to surrounding neighbors as much as
possible. In addition, the applicant is required to plant additional screening trees along Lindy
Lane and the private road to ensure that existing gaps in the coast live oak trees are
eliminated in order to further reduce the effective visible mass of -the proposed Home.
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.
The parcel is not located adjacent to public open space preserves and parks, and therefore, not
visible from them. Additionally, the parcel is not located adjacent to a riparian corridor. The
project site is adjacent to other developed properties with a similar zoning. Since wildlife
(particularly deer) have been observed traversing through the property, the development has
been required as a condition of approval (and mitigation measure) to limit the fencing
allowed on site in order to allow the migration of wildlife habitats.
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.
A preliminary landscape plan has been evaluated and the project is conditioned to provide a
landscape plan to be reviewed and approved prior to Building Permit issuance. The proposed
project preserves the vast majority of the existing natural landscape on the site. The project is
additionally required to comply with Chapter 14.15: Landscape Ordinance of the City of
Cupertino's Municipal Code (CMC) and additionally required to minimize turf areas on
Resolution No. 6840 EXC-2016-07 September 26, 2017
hillsides. In addition, turf may not be planted on slopes greater than 25%. Also, since the site
is located within in an area designated Wildland Urban Interface by CMC Chapter 16.74,
fire -prone plant materials and highly flammable mulches are strongly discouraged. Plants
shall be selected, arranged and maintained to provide defensible space for wildfire protection,
in conformance with California Public Resources Code .Section 4291. The installation of
invasive plant species and noxious weeds is prohibited. Through the proposed site design,
mitigation measures, and conditions of approval, which limit invasive species of plants and
turf areas, a balance between the residential development and preservation of the natural
hillside setting can be maintained.
12. The proposed development confines solid fencing to the areas near a structure
rather than around the entire site.
Evidence of the presence of wildlife (particularly deer) was observed onsite. To allow free
movement of animals, only 5,000 square feet (excluding the principal building) of net lot area
may be enclosed with solid fencing. Fencing may not be located within the Slope Easement
on the property per the original declarations on the face of the Tentative Map.
13. The proposed development is otherwise consistent with the City's General Plan and
with the purposes of Chapter 19.40 as described in Section 19.40.010.
The development meets all the development standards for R1-20 zoned properties and is
consistent, with the City's General Plan and, with the purposes of Chapter 19.40 as described
in Section 19.40.010. These have been described in detail in each of the findings above.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and
other evidence submitted in this matter, and subject to the conditions which are
enumerated in this Resolution beginning on PAGE 6 thereof:
The application for a Hillside Exception, Application no. EXC-2016-07 is hereby approved
and the conclusions and subconclusions upon which the findings and conditions
specified in this resolution are based and contained in the Public Hearing record
concerning Application no. EXC-2016-07 as set forth in the Minutes of Planning
Commission Meeting of September 26, 2017, are hereby incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the site plans dated September 2016 consisting of 4 sheets,
Resolution No. 6840 EXC-2016-07 September 26, 2017
labled Sheets 1 -4 entitled, "Lands of Dr. Kang," drawn and submitted by Westfall
Engineers, Inc. which indicate the maximum extent of development on the site and
includes a grading quantity except as may be amended by conditions in this
resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
3. 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 invalidatethis approval
and may require additional review.
4. REDUCED MASS AND SCALE OF PROTECT AND FLOOR AREA RATIO
LIMITATION
The project mass and scale should be reduced to enhance compatibility and
harmony with the surrounding neighborhood. To the extent possible, the new
residence developed on site should maintain a recommended Floor Area Ratio
(FAR) of approximately 25%.
5. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. EA -2016-01 The conditions of
approval for application nos. R-2016-28 and RM -2016-26 shall be applicable upon
Planning Commission review and approval.
6. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from TM -2005-05 and M-2011-06 shall remain in
effect unless superseded by or in conflict with subsequent conditions of approval,
including the conditions contained herein in this resolution.
7. HOUSING MITIGATION FEES
The applicant shall participate in the City's Below Market Rate (BMR) Housing
Program by paying the housing mitigation fees as per the Housing Mitigation,
Manual at building permit issuance. The estimated mitigation fee,for this project is
based on the 2017-2018 fiscal year rate of $16.01 per square foot of residential- area.
Resolution No. 6840 . EXC-2016-07 September 26, 2017
8. TREE PROTECTION BOND
Prior to grading permit Issuance, a tree protection bond is required for all trees
slated for preservation. The bond shall be for an amount equivalent to their
replacement or approximately $110,000.
9. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible to the satisfaction of the Building Official. The. applicant shall provide
evidence that materials were recycled prior to issuance of final demolition/grading
permits.
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 (including, but not limited
to, Building, Planning, Public Works, Santa Clara County Fire Department), prior to
issuance of grading and/or building permits, to review an applicant -prepared
construction management plan including, but not limited to:
a.' Plan for compliance with conditions of approval
b. Plan for public access during work in the,public right-of-way
c. Construction staging area F
d. Construction schedule and hours
e. Construction phasing plan, if any
f. Contractor parking area
g. Tree preservation/protection plan
h. Site dust, noise and storm run-off management plan
i. Emergency/complaint and construction site manager contacts
11. CONSTRUCTION HOURS
The applicant shall comply with Mitigation Measure NOI-1 above and any
additional standards in Chapter 10.48, Community Noise Control, of the Cupertino
Municipal Code. The developer shall be responsible for educating all contractors
and subcontractors of said construction restrictions. Rules and regulation pertaining
to all construction activities and limitations identified in this permit, along with the
name and telephone number of a developer appointed disturbance coordinator,
shall be posted in a prominent location at the entrance to the job site and along
Lindy Lane, prior to commencement of demolition and/or grading activities.
12. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Resolution No. 6840 EXC-2016-07 September 26, 2017
Community Development Department.
13. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents
(collectively, the "indemnified parties") from and against any claim, action, or
proceeding brought by a third party against one or more of the indemnified
parties or one or more of the indemnified parties and the applicant to attack, set
aside, or void this Resolution or any permit or approval authorized hereby for the
project, including (without limitation), reimbursing the City its actual attorneys' fees
and costs incurred in defense of the litigation. The applicant shall pay such
attorneys' fees and costs within 30 days following receipt of invoices from City.
Such attorneys' 'fees and costs shall include amounts paid to counsel not otherwise
employed as City staff and shall include City Attorney time and overhead costs and
other City staff overhead costs and any costs directly related to the litigation
reasonably incurred by City.
14. 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
1. STREET IMPROVEMENTS
Curb and gutter, and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer. The proposed driveway connecting
to the private road shall be designed to keep drainage from the private road from
entering the site. Provide additional details such as a ridge line and pavement
elevations at the Building ' Permit stage. More detailed review for the on-site
driveway and grading & drainage design will be provided at the Building Permit
stage,
Resolution No. 6840 EXC-2016-07 September 26, 2017
2. 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.
Tree protection and tree removal shall be clearly shown on the plans and shall be
consistent with tree removal permit approved by Community Development
Department. Any additional tree(s) to be removed as result of grading and/or
retaining wall installation shall be approved by Community Development
Department prior to issuance of any grading, demolition or building permits.
3. 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 the ten percent flood water
surface elevation to the satisfaction of the City. Engineer. Any 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.
Provide a supplemental letter from the geotechnical consultant for their concurrence
with geotechnical aspects of the proposed grading & drainage plan (especially the
retaining wall, retention pipes and energy dissipater). Proposed dry well will need
to be removed & redesigned at the Building Permit review stage as infiltration will
not be allowed.
4. TRAFFIC IMPACT FEES
The Project may be subject to pay Traffic Impact Fees prior to issuance of building
permits. The fee is currently estimated to be set at $6,000 per new AM or PM peak -
hour trip generated by the Project subject to be approved by the City. Council in
September 2017.
5. PRIVATE ROADWAY AND MAINTENANCE AGREEMENT
Developer shall enter into the MaintenanceAgreement (if applicable), or shall record
a covenant against the property agreeing to enter into a future maintenance
agreement, for the private road portion .; of Lindy Lane contained within the
Resolution No. 6840 EXC-2016-07 September 26, 2017
ingress/egress easement, prior to issuance of a Building hermit. The owner agreed
to and shall widen the private roadway to between 18' and 20', where reasonably
possible, to better accommodate two way traffic, as determined by the City
Engineer. The owner will be required to repair any utility trenches and/or damage to
the private road caused by construction activities, prior to final occupancy of the
site. All pavement repairs and new pavement shall match the existing pavement
section (3" AC/ 6" AB minimum) and shall be slurry sealed a minimum of 6' from
the edge of any utility trench cuts or damage to the pavement.
6. 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
permits.
Fees: -
a. Checking & Inspection Fees:
b. Grading Permit:
c. Storm Drainage Fee:
d. Power Cost:
e. 3rd Party Geotechnical & Structur
f. Possible Park Fees (two units):
g. Traffic Impact Fee (TIF)
$ Per current fee schedule ($3,349.00 or 5% of
improvement costs)
$ Per current fee schedule ($2,825.00 or 6% of
improvement costs)
$Per current fee schedule($4,550 per AC)
al $6,900 (includes 15% Admin Fee) Initial
Review
$ Per current fee schedule ($168,000 for 2 units)
+/- $6,000 per new peak -hour trip generated
** 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.
Resolution No. 6840 EXC-2016-07 September 26, 2017
7. 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, 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 prior to grading or building permit issuance.
8. UNDERGROUND UTILITIES
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. Developer shall submit detailed plans showing utility
underground provisions prior to building permit issuance. Said plans shall be
subject to prior approval of the affected Utility provider and the City Engineer.
9. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipment and prior to building permit issuance.
Should above ground equipment be permitted by the City, equipment and
enclosures shall be screened with fencing and landscaping such that said equipment
is not visible from public street areas, as determined by the Community
Development Department. Transformers shall not be located in the front or side
building setback area.
10. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment
shall be placed away from the public right of way and site driveways to a location
approved by - the Cupertino Planning Department, Santa Clara County Fire
Department and the water company.
Resolution No. 6840 EXC-2016-07 September 26, 2017
11. 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.
12. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer.prior to grading or building permit issuance. This plan should include all
erosion control measures used to retain materials on site. Erosion control notes shall
be stated on the plans.
13. 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.
14. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to
be approved by the City prior to grading or building permit issuance. The plan
shall include a temporary traffic control plan for work in the right of .way as well as
a routing plan for all vehicles used during construction. All traffic control signs must
be reviewed and approved by the City prior to commencement of work. The City
has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all
signage and striping work throughout the City.
15. STREET TREES
Street trees shall be protected within the Public Right of Way to the satisfaction of
the City Engineer on grading and/or building: plans prior to permit issuance.
16. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County
Fire Department prior to issuance of building permits. Clearance should include
written approval 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' of a Fire Hydrant).
17. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
Resolution No. 6840 EXC-2016-07 September 26, 2017
18. SAN [OSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Company approval for water connection, service capability
and location and layout of water lines and backflow preventers before issuance of a
building permit approval.
19. 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 prior to building permit issuance.
20. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
1. WILDLAND INTERFACE
This project is located within the designated Wildland-Urban Interface Fire Area.
The building ' construction shall comply with the provisions of California Building
Code (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with
CBC Section 701A.3.2.4 prior to project final approval. Check with the Planning
Department for related Landscape plan requirements.
2. FIRE SPRINKLERS REQUIRED
An automatic sprinkler system shall be installed in one -and two-family dwellings
(including detached workspaces) as follows: In all new one -and two-family
dwellings and in existing one- and two-family dwellings when additions are made
that increase the building area to more than 3,600 square feet. Exception: A one-time
addition to an existing building that does not total more than 1,000 square feet of
building area.
NOTE: The owner(s), occupant(s), and any contractor(s) or subcontractor(s) are
responsible for consulting with the water purveyor of record in order to determine if
any modification or upgrade of the existing water service is required.
NOTE: Covered porches, patios, balconies, and attic spaces may require fire
sprinkler coverage. A State of California licensed (C-16) Fire Protection Contractor
shall submit plans, calculations, a completed permit application and appropriate fees
to this department for review and approval prior to beginning their work. CRC Sec.
313.2 as adopted and amended by CUPMC
Resolution No. 6840 EXC-2016-07 September 26, 2017
3. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire
protection water supplies. It is the responsibility of the applicant and any contractors
and subcontractors to contact the water purveyor supplying the site of such project,
and to comply with the requirements of that purveyor. Such requirements shall be
incorporated into the design of any water-based fire protection system, and/or fire
suppression water supply systems or storage containers that. may be physically
connected in any manner to an appliance capable of causing contamination of the
potable water supply of the purveyor of record.
Final approval of the system(s) under consideration will not be granted by this office
until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec.
903.3.5 and Health and Safety Code 13114.7.
4. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33
and County Fire Standard Detail and Specification SI -7. Provide appropriate
notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
5. PREMISES IDENTIFICATION
New and existing buildings shall have approved address numbers,. building
numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers shall
contrast with their background. Whererequired by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters.
Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum
stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and
the building cannot be viewed from the public way, a monument, pole or other sign
or means shall be used to identify the structure. Address numbers shall be
maintained. CFC Sec. 505.1.
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO BUILDING
DEPARTMENT
1. PLAN AMENDMENTS
Amend plan to provide adequate ventilation and light to the hobby room, wet bar
area, and home theater per 2013 CRC R303.
Resolution No. 6840 EXC-2016-07 September 26, 2017
PASSED AND ADOPTED this 26th day of September, 2017, Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Sun, Vice Chair Paulsen, Takahashi, Fung,Liu
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/ Benjamin Fu /s/ Don Sun
Benjamin Fu Don Sun
Assist., Director of Community Development Chair, Planning Commission
G: \Planning \PDREPORT \RES \2016 \ EXC-2016-07.doc
SURFACES
DESCRIPTION EXISTING PROPOSED
EARTHWORK QUANTITIES
EXCAVATION 1930 C.Y. BUIILDINGS 0 3811
FILL 177 C.Y. COMMON DRIVEWAY 1273 1273
DRIVEWAY AC OR PCC 0 1230
EXPORT 1753 C.Y. PATIOS/WALKWAYS 0 1965
\ �\ IMPERVIOUS SURFACES 1273 8279
LANDSCAPING 21101 14095
TOTAL 22374 22374
f
.R/
) " f
r�i® ; / �/ " ®•'® % \ EX. 10INGRESS, EGRESS
EASEMENT 567 O.R. 18; 4331 O.R.255
r
PUE 3743 O.R. 97
PG&E 4383 O.R.341
/ / OPOSEb R DE 0E
i
;\
J
r
,
" � r
f
LIMIT OF SLOPE EASMENTAL
�� : J � / . '•" --""" � -
{ 588 43 37"1V..12A 47'
/ f
. t
r o
J/,fJ
, _
fib{ r{� { /;,, r,;✓. ..{!fes �/ f f / ; i i __--. -�---•- -
SD SD SD
t B
t /! Z: A /1 {{ - SS
SS SS
- SD SD
' r S ss Ss SS
NOTES:
1. Approval of these plans does not release the Owner and/or
__— - Contractor of the responsibility for the corrections of mistakes,
LEGEND errors, or omissions contained therein. If during the course of
construction improvements, public interest requires a modification
of/or a departure from the City of Cupertino specification or these
EXISTING PROPOSED improvement plans, the City Engineer shall have the authority to
BULDING require such modification or departure and to specify the manner in
® MONUMENT ® which the same is to. be completed, at the sole expense of the
CURB INLET ® Owner and /or Contractor.
0 AREA
0 POLE DRAIN ® 2. Contact Public Works, (408) 777-3104, for inspection of grading,
Q SANITARY SEWER MANHOLE Storm drainage and public improvements.
oQ STORM DRAIN MANHOLE QQ 3. All public improvement must be completed; prior to occupancy.
FIRE HYDRANT 4. Contractor is responsible for dust control and ensuring the area
® WATER VALVE ® adjacent to the work is left in a clean condition.
5. Contractor shall review City Detail 6-4 on - tree `protection prior to
STREET LIGHT ®- accomplishing any work or removing any trees.
p CLEANOUT o ® oo®
BOUNDARY m= 6. Utilize Best Management Practices (BMP s, as required by the State
LOT LINE Water Resources Control Board, for ANY activity which disturbs the
CENTERLINE - soil.
----- LIMIT OF EASEMENT ------ 7.: A Work schedule of Grading and Erosion & Sediment Control Plan
-- mm CURB shall be provided to the City Engineer• by August 15; No hillside
- - - - CURB AND GUTTER gradingshall be performed between October 1 to April 15.
-- - - EDGE OF PAVEMENT S. All electrical service (power, phone, and/or cable) shall be'
.................................'--......... CONTOUR. undergrounded.
FENCE — — 9. To initiate release of bonds, contact the Public Works Inspector for
- -- - FLOW LINE — -- — Final Inspection.
—SS—SS— SANITARY SEWER —u—ss— 10.All downspouts to be released to the ground surface, directed away
—SD—SD— STORM'DRAIN—sD—sn— from building foundations and directed to landscape areas.
--' -- — ELECTRICAL—e—e—e— 11. Prior to beginning any work within the Public Right of Way, the
GAS Contractor will be responsible for pulling an encroachment permit
—V—d— WATER d—d—a- from the Public Works Department.
FIBER ROLLS.
NO, BY JDATE REVISION BY DATE DATE: SEPTEMBER, 2016
SALE, HOR. 1 =20' .ESTEALL ENGINEERS I NCo
- VERT.
DESIGNEDi JC BY- KAREL CYMBAL, RCE 34534
CHECKED'i KC DATEr 14583 BIG BASIN WAY, SARATOGA, CA.95070 (408)867-0244
PROJ. ENGR1 JC
VICINITY MAP
121 H-0
SHEET 1 TITLE SHEET
SHEET,2 GRADING AND DRAINAGE PLAN
SHEET 3 SECTIONS AND DETAILS
SHEET 4 EROSION CONTROL PLAN
TITLE SHEET JOBND•
2014-048-
LANDS ®F DR. KAN SHE1T
21989 LINDY LANE, "CUPERTINO OF 4
The material for construction of the pad shall be 2 to 3 Inch rock,
The width of pad shall not be less than the full width of access road,
The entrance shall be maintained In a condition that will prevent
tracking or flowing of the sediment onto pudic rights of way, When
necessary, wheels shall be cleaned to remove sediment prior to
entrance onto public rights of way. All sediment shall be prevented
from entering storm drain, by use of sand bags, gravel or sediment
barriers,
PUBLIC
RIGHT OF WAY
D
50'
PUBLIC
IND s>f.:i.j dam+ RIGHT OF WAY
STRUCTI®N ENTRANCE DETAIL
REVISION
PROJ, ENGR1 JC
Place fiber rolls Into the key trench and stake
on both sides of the roll within 6 feet of each
and and then every six inches with 1'x2"23'
stakes.
Stakes are typically driven In on alternating
sides of the roll. When more than one fiber roll
is placed in a row, the rolls should be abutted
sucurely to one another to provide a tight
joint, not overlapped.
\�
FIBER ROLL
V
1' MIN.%\
WOOD STAKE
3/4'x3/4', 4' O.C. MAX,
ENT RENCHMENT.DETAIL
FOR FIBER ROLLS
FIBER ROLL
''�\�ir:'� •:\i'i`i '••i\•...
�?'•.�✓? f/{.//� ' 4' MIN.
1' MIN.`�•��
WOOD STAKE
3/4'x3/4' 4' O.C. MAX.
ENTRENCHMENT DETAIL
FOR FIBER ROLLS
d V,
_-
LEGEND
EXISTING
PROPOSED
BULDING
A.�FFj
®
MONUMENT
is
❑
CURB INLET
O
AREA DRAIN
40
POLE
Q
SANITARY SEWER MANHOLE
STORM DRAIN MANHOLE
Q
«
FIRE HYDRANT
®
WATER VALVE
STREET LIGHT
�-
O
CLEANOUT
�Jivk
m e
BOUNDARY
LOT LINE
—
CENTERLINE
-----
LIMIT OF EASEMENT ------
"
CURB
— -- " — —
CURB AND GUTTER
— -
EDGE OF PAVEMENT
_................. .......................
CONTOUR
FENCE-
- —
FLOW LINE --
_SS _SS —
SANITARY SEWER —32
—SS
—SD —SD —
STORM DRAIN —m
—:n -
- E — E —
ELECTRICAL —E
— E —E —
G—G—
GAS—15-6-13-
-w—W—
WATER—v—d—d—
FIBER ROLLS
REVISION
PROJ, ENGR1 JC
Place fiber rolls Into the key trench and stake
on both sides of the roll within 6 feet of each
and and then every six inches with 1'x2"23'
stakes.
Stakes are typically driven In on alternating
sides of the roll. When more than one fiber roll
is placed in a row, the rolls should be abutted
sucurely to one another to provide a tight
joint, not overlapped.
\�
FIBER ROLL
V
1' MIN.%\
WOOD STAKE
3/4'x3/4', 4' O.C. MAX,
ENT RENCHMENT.DETAIL
FOR FIBER ROLLS
FIBER ROLL
''�\�ir:'� •:\i'i`i '••i\•...
�?'•.�✓? f/{.//� ' 4' MIN.
1' MIN.`�•��
WOOD STAKE
3/4'x3/4' 4' O.C. MAX.
ENTRENCHMENT DETAIL
FOR FIBER ROLLS
JOB NO.
2014-048
SHEET
4
OF 4
h I
'1
4r✓
"�
��Fil
A.�FFj
9+ `'� it
A
4 6, '�^,+ d W v. U.w',^szi•rfi-1.:
is
G1 �J,g
.�•u ..tI �.J4!�.:. Ili cc ft y.f ��'* hi
Af
it6 3 - >w
••'4...!
• i�.
�Jivk
JOB NO.
2014-048
SHEET
4
OF 4