Reso 5018 15-EXC-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5018
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HILLSIDE
EXCEPTION TO CHAPTER 19.40 OF THE CUPERTINO MUNICIPAL CODE TO DEMOLISH
AN EXISTING RESIDENCE AND CONSTRUCT A NEW 6,500 SQ. FT. RESIDENCE ON A
PROMINENT RIDGELINE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Hillside
Exception, as described in this Resolution; and
WHEREAS, the applicant has demonstrated a compelling reason for granting an exception and has met
the following findings for a Hillside Exception as required in Section 19.40.140 of the Cupertino
Municipal Code:
1. The proposed development will not be injurious to property or improvements in the area nor be
detrimental to the public health and safety.
2. The proposed development will not create a hazardous condition for pedestrian or vehicular traffic.
3. The proposed development has legal access to public streets and public services are available to
serve the development.
4. The proposed development requires an exception which involves the least modification of, or
deviation from, the development regulations prescribed in this chapter necessary to accomplish a
reasonable use of the parcel.
5. All alternative locations for development on the parcel have been considered and have been found
to create greater environmental impacts than the location of the proposed development.
6. The proposed development does not consist of structures on or near known geological or
environmental hazards which have been determined by expert testimony to be unsafe or hazardous
to structures or persons residing herein.
7. The proposed development includes grading and drainage plans which will ensure that erosion and
scarring of the hillsides caused by necessary construction of roads, housing sites, and
improvements will be minimized.
8. The proposed development does not consist of structures which would disrupt the natural silhouette
or ridgelines as viewed from established vantage points on the valley floor unless either:
a. The location of a structure on a ridgeline is necessary to avoid greater 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.
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.
Resolution No. 5018 15-EXC-98 March 8, 1999
Page 2
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.
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.
12. The proposed development confines solid fencing to the areas near a structure rather than around
the entire site.
13. The proposed development is otherwise consistent with the City's General Plan and with the
purposes of this chapter as described in Section 19.40.010.
NOW, THEREFORE BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the
application for exception is hereby approved; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified in this resolution are based
are contained in the public record concerning application 15-EXC-98, as set forth in the minutes of the
Planning Commission Meeting of March 8, 1999, and are incorporated by reference as though fully set
forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s): 15-EXC-98 (40-EA-98)
Applicant: David and Kim C�udmundson
Project Location: 22362 Regnart Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Plan set sheets A-1, A-1 A, A-2 to 6, L-1, C-1, C-2, except as may be amended
by conditions contained in this resolution.
2. EMERGENCY ACCESS ROAD
Portions of the existing emergency access road proposed to be removed shall be abandoned and new
portions shall be added. Access for emergency personnel shall be provided to the satisfaction of the
Fire Department and the City.
3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedications,
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
Resolution No. 5018 15-EXC-98 March 8, 1999
Page 3
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.
4. TREE PROTECTION
The 24" oak adjacent to the proposed swimming pool shall be retained and protected for the life of
the trees. A bond of$10,000 is required for their protection prior to grading or construction. An
internationally certified arborist shall be retained to supervise tree protection. The arborist shall
submit two reports to staff assuring that 1) tree protection devices are adequate prior to issuance of
a grading of building permit; 2) trees were adequately protected during construction prior to
issuance of final occupancy permits.
5. ADDITIONAL LANDSCAPING
Additional landscaping shall be provided to screen the downhill views of the retaining walls, to the
satisfaction of staff.
6. DRAINAGE AND SEWER LINES
Evidence of permission to use the Public Utility and Storm Drain Easements which cross an
adjacent property shall be provided prior to issuance of a grading or building permit.
7. SEPTIC SYSTEM
The existing septic system shall be abandoned prior to issuance of a building or grading permit, and
subsequent to demolition of the existing residence, to the satisfaction of the Building Department.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
8. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
9. EASEMENTS
All easements proposed to be abandoned shall be approved by all parties who has interest on the
easements and all proposed easement dedication shall be accepted by the City Council prior to
issuance of building permit.
10. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed
necessary by the City Engineer. Development in all other zoning districts shall be served by on
site storm drainage facilities connected to the City storm drainage system. If City storm drains
are not available, drainage facilities shall be installed to the satisfaction of the City Engineer.
11. 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 undergrounding of utilities. Said agreement shall be
executed prior to issuance of construction permits.
Resolution No. 5018 15-EXC-98 March 8, 1999
Page 4
Fees:
a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,975.00 minimum
b. Development Maintenance Deposit: $ 3,000.00
c. Storm Drainage Fee: $ 950.00
d. Geological Report(Cotton's Review) $ 1,000.00 (deposit)
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.
12. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources Control
Board, for construction activity which disturbs soil. BMP plans shall be included in your grading
and street improvement plans.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV of this
Resolution conform to generally accepted engineering practices.
Bert Viskovich, City Engineer
PASSED AND ADOPTED this 8th day of March, 1999 at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Harris, Kwok, Stevens and Chairman Doyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED
a t
Robert Cowan David Doyle, ai n
Community Development Director Cupertino Planning Commission
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