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V-2013-01b OFFICE OF COMMUNITY DEVELOPMENT y �> CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408) 777-3308• FAX(408)777-3333•planning�a�cupertino.orq June 28, 2013 Craig Steely Architecture Attn: Craig Steely 8 Beaver St San Francisco, Ca. 94114 SUBJECT: ADMINISTRATIVE HEARING MEETING ACTION LETTER—V-2013-01 This letter confirms the decision of the Administrative Hearing Officer, given at the meeting of June 27, 2013; approving a Variance application to allow the proposed accessory utility structures (water towers and pressure tanks) to locate within the required front yard setback area and immediately adjacent to a previously approved principle hillside home in an RHS Zoning District, located at Lot 306, San Jacinto Road, according to Resolution No. 16. Please be aware that if this permit is not used within two years, it shall expire on June 27, 2015. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of the mailing of the notification this decision. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, imon Vuong Assistant Planner City of Cupertino Enclosures: Resolution No. 16 CC:Mr.&Mrs.Costa,1413 S Wolfe Rd,Sunnyvale CA 94087 V-2013-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 16 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A VARIANCE TO ALLOW THE PROPOSED ACCESSORY UTILITY STRUCTURES(WATER TOWERS AND PRESSURE TANKS) TO LOCATE WITHIN THE REQUIRED FRONT YARD SETBACK AREA AND IMMEDIATELY ADJACENT TO A PREVIOUSLY APPROVED PRINCIPAL HILLSIDE HOME IN AN RHS ZONING DISTRICT LOCATED AT LOT 306, SAN JACINTO RD (APN 342-21-028) SECTION I: PROJECT DESCRIPTION Application No.: V-2013-01 Applicant: Craig Steely Property Owner(s): Paul and Pam Costa Location: Lot 306, San Jacinto Rd APN 342-21-028 SECTION II: FINDINGS WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application for a Variance, as described in Section I of this Resolution; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held one or more Public Hearings on this matter; and WHEREAS, the Administrative Hearing Office finds that the applicant has met the burden of proof required to support this application, and has met the following findings in order to grant the variance: 1. There are special circumstances applicable to the property (including size, shape, topography, location or surroundings) that do not apply generally to property in the same district. The property is located on an unusually steep and sloped hillside area, with an approved single-family residence entitled but not currently constructed. The entire property has slopes ranging from 34% to 52%+, precluding much of the site from development. 2. The special circumstances applicable to the property deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The property is in a residential hillside area. On average, other typical hillside area properties are much larger than the subject property, which has a net lot size of 10,000 sf. Alternative locations for the proposed water towers and pressure tanks would not be feasible to support the proposed single-family residence, as the operation of the water tower requires it to be gravity fed, leaving only the subject location as a suitable site. T'he proposed tank location also minimizes any potential visual impacts to the surrounding neighborhood and any extensive grading/engineering undertakings. Resolution No. 16 V-2013-01 June 27,2013 3. The issuance of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning in which such property is situated. The granting of the variance to site the water towers and associated pressure tanks is to pressurize water supply system for distribution of potable water and to provide enough pressure for the fire sprinkler system for fire protection and for life, health, safety and public welfare. No special privileges will be granted for this particular property not typically enjoyed by other similarly situated properties. 4. The variance is not being issued for the purpose of allowing a use that is not otherwise expressly authorized by the zone regulation governing the parcel of the property. The subject property is zoned residential hillside and is entitled for a single-family residence. Associated accessory structures, including the subject water towers and pressure tanks, are ancillary to the principal use and require reduced setbacks from the principal dwelling. No other uses are proposed on-site that would conflict with the zoning regulations governing the property. 5. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, and general welfare, or convenience, and to secure the purpose of the title. The granting of the application will not be detrimental or injurious to property, public health, safety, general welfare, or convenience. On the contrary, the granting of the application is necessary to ensure that the public health, safety, general welfare, and convenience are secured for access to the water supply system and adequate fire protection. 6. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). The proposed variance would further the goals contained within Cupertino's Comprehensive General Plan, to provide for adequate access to the water supply system and efficient and effective fire and emergency services. The subject water towers and pressure tanks are exempt from the California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for a variance is hereby recommended for approval by the Administrative Hearing Officer of the City of Cupertino. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record conceming Application V-2013-01 as set forth in the Minutes of the Administrative Hearing Meeting of June 27, 2013 and are incorporated by reference though fully set forth herein. Resolution No. 16 V-2013-01 June 27,2013 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the exhibits titled, "Lot 306, San Jacinto Rd, Cupertino, CA 95014" prepared by Craig Steely Architecture, dated June 14, 2013 and consisting of three sheets labeled a0, a4.0, & a4.1, except as may be amended by the conditions contained in this resolution. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. PREVIOUS CONDITIONS OF APPROVAL The conditions of approval contained in file nos. EXC-2012-01 & TR-2012-32 shall be applicable to this approval. 4. AMENDMENTS AND MODIFICATIONS Changes to the location, appearance, size, mass, bulk, and other related details of the water towers or pressure tanks may be completed administratively if deemed minor by the Community Development Director. 5. SCREENING Prior to issuance of building permits, the applicant shall work with the Planning Division to provide sufficient landscaping to screen the subject accessory utility structures to the maximum extent possible. T'he screening shall be reviewed and approved by the Community Development Director. 6. EQUIPMENT COLORS AND REFLECTIVITY In coordination with the Santa Clara County Fire Department, all structures on the lot shall use natural earth tone and/or vegetation colors which complement the natural surroundings, such as hues of brown, green, and shades of gray wherever possible. The finish should be matte, and not glossy. The reflectivity value shall not exceed 60 on a flat surface. The colors and reflectivity shall be reviewed and approved by the Community Development Director. 7. 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, and includes, but is not limited to, the following departments: Santa Clara County Fire Department, Building Division, and Public Works Department. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 8. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attomeys' fees and costs incurred in Resolution No. 16 V-2013-01 June 27,2013 defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 9. 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 ex actions. 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. PASSED AND ADOPTED this 27th day of June 2013, at a Regular Meeting of the Administrative Hearing Meeting of the City of Cupertino by the following roll call vote: AYES: HEARING OFFICER: Chao NOES: HEARING OFFICER: none ABSENT: HEARING OFFICER:none ATTEST: APPROVED: /s/Simon Vuon� /s/Gar,y Chao Simon Vuong Gary Chao Assistant Planner City Planner N VICINITY MAP � NO SCALE SCOPE OF WORK NEW SINGLE-FAMILY RESIOENCE PROJECT INFORMATfON OWNERS: PAUT AND PANELA COSTA 1413 5.WOLfE RD SUNM'VPLE,CA 94087 SHEET INDEX AO TITLE SHEET,ARCHITECTURAI SITE PLAN SU-1 TOPOCRAPFIIC SURVEY A2.0 ROOF/GARAGE PLAN A2.1 LMNG AREA FLOOR PUW A2.2 1 st/2nd ROOR ELECTRICAL PLANS A2.3 1 sl/2nd ROOR CEIUNC/LIGHTING PlANS A3.0 BUILDING SECTIONS A3.1 BUILD�NG SEC710NS A3.2 6UIlDING SECTIONS A4.0 EXTERIOR ELEVATIONS A4.1 EXTERIOR ELEVATIONS A6.0 DETNLS 5- STRUCTURAI DRAWINCS(13 SHEETS) C- CML ENGINEER'S DRAWINCS(6 SHEETS) PLANNING CODE INFORMATION PROPOSEO SINGLE FAAIILY RESIOENCE(3 BEOR001/) LOT 306,P MAPS 14 APN:342-21-028 ZONING:RHS-218 GENERAL PIAN DESIGNATION:VERY LOW DENSIIY RESIpENTIAL (5 TO 20 ACRE SLOPE DENSITY FORAIULA) SfTE AREA: 12,566 SF GRO55(.29 ACRES) 10,605 SF NET(.24 ACRES) 2N0 FLR SfORACE/ENTRY NtE4 637 SF 151 FlR UVING PFtFA: 2,524 SF TOTAL INDOOR AREA: 3,161 Sf ROOR AREA RATIO:29x NUMBER Of STORIES:2 MAXIMUAI HEIGHT:NOT GREATER THAN 30'ABOVE GRPDE BUILOING PAD ELEVAlION:701'-0' CURB ELEVATION:713'-0� PARKING: 2 IN GARACE 4 IN PPRKING APRON 6 TOTAI PERMEABLE SURFACE DRNEWAY/PARI(INC:1,397 SF(13R NEf LOT AREA) PAVINC AREA AT PATIOS:271 SF(3x NET LOT AREA) IANDSCAPED SOD ROOF:1,250 SF(12z NEf LOT AREA) BUILDING / FIRE CODE INFORMATION: nvvucna�coo�s: 2010 CAUFORNIA RESIOENTAI BUILDING CODES 2010 CALIFORNIA NECW�NICAL CODE 2010 CALIFORNIA ELECiRICAI CODE 2010 CAUFORNIA PLUMBINC COOE 2010 CAIJFORNIA ENERCY CODE 2010 CNJFORNIA RESIOENTIAL CODE 2010 CNJFORNIA CREEN BUIIDINC SfANDARDS CODE 2010 CUPERTINO NUNICIPAL PND ZONINC CODES CONSTRUCTION TYPE: VB(NON-RATED) OCCUPPNCY C1A551FICATION: R3 NUMBER OF STORIES: 2 DEFERRED SUBMITTAL ITEMS 1.REWIRED NFPA 13D FIRE SPRINKIER SYSTEAI 2.PRIVATE FIREFlGHTING WATER TANKS PNO WHARF HYDRANT,AS REOUIREO BY THE SANTA CV�RA COUNIY FIRE DEPARTAIENT � � —— — — — — — — — � � _— , � � - � � / � � / CoNCR�f �'�iE �\o. '" o, � � � RE OCATED .Sx OF OT AR i0 K PAD 8E UN D W H �N DROUCHT TOLERANI 8'-0 NATNE TS 34'-8'�T��AO ELECTRICPL/ GAS METERS PROPE IN N 6 a � — � a.00' ' • � l20 N�;` 14 ' �� f�, F 717�-6� e, ,�� 15'- pA�M[Ni 714'-' ny �(/ TOP OF • PAVEMENT 714'-0� /1� CURB - � SEE GRPDING PLAN, Tyy PAVENT � `� SHEET C-2,FOR 713'-7' ''' �• DRNEWAY SLOPE PAVEMENT PERMEABLE SURFACE J PAVEMT �,cWPy °• STEEL I-8EAA1 W/INSET •N �ORNEWAY ANO PARKING ��Q 710' waoo R�raNiNC wau ut� 9'-0"0 x 5'-0�H WATER TANK(2.5K gal.) SIOPED CONCRETE � ,,, BELOW BRIDCE,ON CONCRETE PAD,AS RETAINING WALL 0 rG+„°• REQUIRED FOR FlRE SPRINKLERS,CONNECT i0 ��AY�P _ _ _ _ � °. DONESTIC WAiER. ADDITIQDIOYCOtfIPAI[M FOR- / . 1 713'-0' ?, TANK S15TEM�5 0-CflCATED BELOW BRIDGE AND — — — — — — — 713'-0' I TW/PAVE T pUT O�FkORT SETBACK 1M1/PA4EMT � M � EMOVE(E)TR / / , � �� oac �.� � � � - �0�0 x I -0�H �� `� � � - � 3' % 9'-2� I16'-10' W K(SK al.), o �'- TYP OF T, ONC a o, � " � PAOS UIRE FO 7'-6' � t7^�g•ppK - - TO DOAIE�ATERNE I .�. .. � �. .. . � I. .. ��•. �.�/I � � .. I tj..... .. ..... .. .. �.% ........... .:1...... ....... _ . ...._ NOTE' LE FiEIGH i6'30' CESSORY ST URE GAR PER CUPE MUNICP , � �7��p'� � � 36'DECOMPO C 19.1 -2H / � I�ROybFr�'l I L�i BUILD ATH(FU / SOD ROOF J I I 72 i I�O` �I I� r�I EFlGHTER � I 9'11' �n n� �(� �� 690'� � � io'��-.-�1�' ��1 l�� _,� oac;r � �� ;`L�; 0'OAI( " 8'OAK I��I I � �i �- 1 I � 1� 1 I � I N�11�R00[Oj2AIN f0 BE LOCATED Wlh T M WA�f�(�� 8 � DRAINAGE SYSTEM DEPARf�AENT ,� � I I 16'OAIC � I � � PAVEDT� SOD ROOF I cauRrraRo 2�°"x °�°� � eaow -°� SETBACK m 3RD FL.. I S FL 15'-4� 5•_Q• SETBACK 0 2N I �. 5 0 FL 22'OAK � 10'-0' I �'' 1\ REMOVED,BOASHED -0' TYP SEfBACK 0 i5T FL �.. I �ROOF DECK: �� 713'-0' � � �� 4' ( 21" P 16' I • il'OAK I /— / / 690' I -0' ROOF I ,TYP /� , / � � � � � � / � �rn �� , / =n wl � �I 5� / - 61�� / / �SITE PLAN � � �,�=1�-o° � / � WAR HYDR T,CON ECTED i0 TER T KS FO FlRE-CHTIN / � / y — ' l0�' 690'� .� 66��--'— 650�� , � �:: "'`�`��,L -o?�/3 ...�i APPIi�r:::...,_.. _� � � � l i�� ; ";Z�? i.3 � i,. � � ..v r�.._..V. ..,. , _, v �U N 14 2013 Q� `�Y V Ye• CRAIG STEELY ARCHITECTURE 8 Beaver Street San Francisco CA 94114 Tel/Far:415 86a 7013 craigsteely.com Lot 306 San Jacinto Rd Cupertino,CA 95014 Submittal: Date: Front Yard Variance 6/14/13 SITE PLAN a0 �aw4M Qc zoi a cra�g s�eey acnx�a�re a aiy,�e aeservau 719'-0' 18'-0' �OP OF WALL 713'-0'�}.—12'-0' T BOTf OF CONC.WALL SOD ROOF FIl(E�GLA; WINDOWS KYNAR COA ALUMINUN CONCREfE I WALL BEY01 STRUCTURAI � � Ol11 IfllCfl RAiW C�G Q � � � �et �; �t�vA� ��3 -��r . �..e_ _ ___ . __..� , � ____�... _ ��.�� .� ...�y"ullw�� a i A1 A2 �1 LEVATION-SOUTH a—1 0 zt'-a',�n2'-o' TOP OF CARAGE 12'-0',`11 J'-0' GARACE SLAB 9'-0' 710'-Q� FlNISH CEIUNG 0'-0' 701'-0' FINISH FLOOR -3'-0' sea'-o' SOFFlT -18'-0' 683'-0' FoonNC ar cr� l..�: .. 12'-0",�713'-0' TOP OF PARPPET y�Q i 9'-0" 710'-0� FlNISH CEIUNG 0'-0' 701'-0' FlNISH FLOOR i -3'-0' 698'-0' SOFFIT L � � REFERENCE PLAN CRAIG STEELY ARCHITECTURE 8 Beaver Street San Francisco CA 94114 Tel/Fax:415 864 7013 craigsteely.com Lot 306 San Jacinto Rd Cupertino,CA 95014 Submittal: Date: Front Yard Variance 6/14/13 BUILDING ELEVATIONS a4.0 copyr�qht Oc 2013 Craip$teel/Arc��IWtturx a Rlqhcs aeserveu 722'-0'�21'-0' TOP OF GARAGE 71J'-0',t 12'-0' GARAGE SV+B KYNAR COATED KUAIINUN PON 710'-0',�9'-0' FINISH CEIIING FlXED GLASS 701'-��-a� FINISH FLOOR I I I � � � I I I GARAGE DOOR CUD W/ POUSHED STNNLE55 STEEL PANELS STEEL GRATE BRIDCE TO CAFiPORT / CONCRETE WALL, SEE STRUCTURAL �ELEVATION-NORTH � � a"=1'-0�� %22—Q��2�'�� TOP OF GARAGE 7I3'-0',�12'-0' GARACE SLPB 710'-0' 9'-0' FlNISH CEILING 701'-0" a'-0' FlNISH FLOOR 698'-0',�-3'-0' SOFFIT 683'-0',�-18'-0' FOOTINC AT GRA�E ELEVATION-EAST 2 '�=�'-o�, a I I I I I POLISHE�STAINLESS ' � � � � STEEL PANEIS I I I � � 720'-s� �9�-6� �---- ---� —�OPOF � I I TPNK / DOOR BEYONO FlREFIGHTING TANK, ��-s� UNOER DEFFERED —�� PERAIIT,TYP OF 2 ( I KYNAR COATEO \ ALUMINUN PANELS I o � I \ I � I � �'�� —— __ ——�� ——————� � LINE OF EXISTING I I GRA�E AT TANK I I BEYOND � j � � I GRADE AT XHOUSE PROPERTY r LINE � ——————— I I I � � I I I �F—OFR OUSE BEYONO, _______ DASHED 4'-11' ———————————————— —J CLEpR FIRE SPRINKLER TANK,UNDER DEFERRE�PERMIT MDITIONPL EOUIPMENT FOR TANK SYSTEN AL50 LOCATE� fNISH F100R BELOW BRIDGE AND OUT Of BEYOND,DASHED FRONT SEfBACK I � � eni icurn erur.0 ree ��:�. .�$��L ��'a�O�,�JDt . . ' �.�-�-._..:_,_.._. ,._._ .. .,.:.,.,R� �,e..� „`+-ti �F:�� t�,ri � •� �7' �„� .� ��.�.. ...._.�..,. _,. � �- �=��ature �. _. . . .. ... ._....i. �j �/ REFERENCE PLAN CRAIG STEELY ARCHITECTURE 8 Beaver Street San Francisco CA 94114 Tel/Fax:415 864 7013 craigsteely,com Lot 306 San Jacinto Rd Cupertino,CA 95014 Submittai: Date: Front Yard Variance 6/14/13 � BUILDING ELEVATIONS a4. 1 copyrlql+t Qc 2013 craig swiy acMtxctum a Rlghts fieservea