Reso 016 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: PROTECT 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. Altemative
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. The proposed tank location
also minimizes any potential visual impacts to the surrounding neighborhood and any
extensive grading/engineering undertakings.
Resolution No. 16 V-2013-0 l 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. T'he 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, e�chibits, testimony and other evidence submitted in this
matter, the applicaHon far 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 concerning 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 e�chibits 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. The 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 attorneys' 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 Govemment 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 Vuong Gary Cl��'-�� �
Assistant Planner �.--City Planner