Reso 099ASA -2017-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 99
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF
CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL
PERMIT TO ALLOW FOR A 4,954 SO. FT. TWO STORY SINGLE FAMILY
REIDENCE ON A VACANT LOT IN A PLANNED RESIDENTIAL ZONE
(SEVEN SPRINGS) (APN 366-09-044)
SECTION I PROTECT DESCRIPTION
Application No.: ASA -2017-08
Applicant: Satya Dasari
Location: Lot 190 Stauffer Lane
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the City of Cupertino received an application for an Arch
itecturl story andnS1gle
Approval to consider allowing the construction of a new 4,954 sq. t. two
it residence on a vacant lot in a Planned Residential zone (Seven Springs), as
family
described in Section I. of this Resolution; and
the necessary public notices have been given as required, by the Procedural
WHEREAS,
Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at
least one public meeting in regard to the application; and
WHEREAS, the project is determined to be exempt from the California Environmental
Quality Act (CEOA); and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Administrative Hearing Officer finds as follows with regard to this
application:
1. The proposed development, at the proposed location, will not be detrimental or
improvements in the vicinity, and will not be detrimental to
injurious to property or p
the public health, safety, general welfare, or convenience;
The proposed project is located on the last undeveloped lot in the Seven Springs development
on Stauffer Lane. The lot is surrounded by existing single family residential uses and
Resolution No.99 ASA -2017-08
November 20, 2018
Page 2
designated open space. A geotechnical study and geologic hazards evaluation has been
conducted for the project and all recommendations of the geotechnical consultant have been
incorporated into the development conditions of 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 standards for construction activities. The project is also required to adhere to the
City's C.3 Municipal Permit for stormwater runoff management. Therefore, the proposal will
not be detrimental or injurious to property or improvements in the vicinity.
2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan
any specific plan, zoning ordinances, applicable planned development permit,
conditional use permits, variances, subdivision maps or other entitlements to use
which regulate the subject property including, but not limited to, adherence to the
following specific criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related
to height and bulk should be achieved between new and existing buildings.
The finished floor of the first level of the proposed residence will sit below natural grade,
and will feature stepped, downhill facing retaining walls to create the buiding pad and
driveway areas. While the second story will continue to be visible, the whole house will
have a lower profile. Due to the stepped down design of the home and site topography, much
of the massing of the first floor will not be visiblefrom street level. Additionally, the mass
of the building is accentuated with varied wall and roof setbacks that will provide
architectural articulation and relief.
b) In order to preserve design harmony between new and existing building and in
order to preserve and enhance property values, the materials, textures and colors
of new building should harmonize with adjacent development by being consistent
or compatible with design and color schemes with the future character of the
neighborhoods and purposes of the zone in which they are situated. The location,
height and materials of walls, fencing, hedges and screen planting should
harmonize with adjacent development. Unsightly storage areas, utility
installations and unsightly elements of parking lots should be concealed. The
planting of ground cover or various types of pavements should be used to prevent
dust and erosion, and the unnecessary destruction of existing healthy trees should
be avoided. Lighting for development should be adequate to meet safety
requirements as specified by the engineering and building departments, and
provide shielding to prevent spill-over light to adjoining property owners.
The newly proposed architectural design, materials, finishes, and textures will be
consistently applied to the entire building fakade to allow for four-sided complete
ASA -2017-08 November 20, 2018
Resolution No -99 Page 3
architectural integrity and will be compatible with the architectural
style
tal trees and
neighborhood. Landscaping is being proposed throughout the site, and or
shrubs aloe the street frontage will help to soften the edges. Native oak trees are preserved
and incorporated into the new landscape design where allowed, and those removed will be
replaced
with new native oak trees. All removed trees will be replaced with native and
drought tolerant trees. Additionally, privacy shrubs are proposed along the neighboring side
property er line to help mitigate privacy impacts to the next door neighbor from the building's
second story windows and balcony.
c) The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs esigned to minimize traffic hazard,
a g $s and structures have been d
n
positively affect the general appearance of the neighborhood and harmonize with
adjacent development.
No signage is proposed or approved as part of this proposal.
d With respect to new projects within existing residential neighborhoods,
new
and
development should be designed to protect residents from noise, traffic,light
visually intrusive effects by use of buffering, setbacks, landscaping, walls and
other appropriate design measures.
The proposed home is similar in scale and proportion to the existing residential
neighborhood, and complies with RHS setback requirements. Landscape is proposed, even
though not required, along the side and front property lines for privacy screening and to
provide relief from the massing of the structure. As the two story building sits below natural
p y f�
grade, the neighbors would largely see only a one story a ade .when viewing the
property/building from the street level.
NOW, THEREFORE, BE IT RESOLVED:
S, exhibits, testimony, staff's
rt and
That after careful consideration of the maps, factmatter.,which
presentation, and other evidence submitted in this matter, subject to the conditions
are enumerated in this Resolution beginning on PAGE 1 thereof,:
The application for a Architectural and Site Approval, Application no. ASA -ti
8 is
hereby approved and that the subconclusions upon which the findings and.
condi
ons
this resolution are based and contained in the Public Meeting .record
specified in the
concerning Application no. ASA -2017-08 as set forth in the Minutes of reference asAdministrative
fully
Hearing Meeting of November 20, 2018 and are incorporated by g
set forth herein.
Resolution No.99
ASA -2017-08 November 20, 2018
Page 4
�,L`.11V1V 111: ( -
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by Fahed Habayeb, entitled "New SFR
Dasari Residence consisting of thirteen (13) sheets labeled as CS, SP, Al, A2, A3,
AFD, L0, L1, T1, C1, C2, C3, and C4, except as may be amended by conditions 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, proper
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. 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.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. TR -2017-42 shall be applicable to this
approval.
5. DEVELOPMENT TREES
The applicant understands that trees proposed as part of a development application
are deemed development trees. Development trees may not be removed without a
Tree Removal Permit and that they shall be responsible for ensuring the proper
maintenance and care of the trees.
6. EXTERIOR BUILDING MATERIALS TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans and color and material board. Final building exterior
treatment plan (including but not limited to details on exterior color, materials,
architectural treatments, doors, windows, lighting fixtures, and/or embellishments)
shall be reviewed and approved by the Director of Community Development prior to
issuance of building permits to ensure quality and consistency. Any exterior changes
determined to be substantial by the Director Of Community Development shall either
require a modification to this permit or a new permit based on the extent of the
change.
ASA -2017-08 November 20, 2018
Resolution No.99 Page 5
7. LANDSCAPE PROTECT SUBMITTAL �
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
to
Ordinance, for projects with landscMe area. 500 square feet or more or
submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for
projects with landscape area between 500 square feet and 2,500 square feet. The
Landscape Documentation Package or Prescriptive Compliance Application shall be
reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits, and additional requirements per
sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be
reviewed and approved prior to final inspections.
S. STRUCTURAL PLANS
Structural plans should be generated that incorporate the recommendations of the
Project Geotechnical Consultant.
9. GEOLOGIC AND GEOTECHNICAL PLAN REVIEW
The applicant's geotechnical consultant shall review and approve all geotechnical
aspects of the development plans (i.e., site preparation and grading, site drainage
improvements and design parameters for foundations, drainage, pavement and
retaining walls) to ensure that their recommendations have been properly
incorporated and provide a letter certifying that this has been completed.
The Geotechnical Plan Review shall be submitted to the City for review and approval
by the City staff prior to issuance of building permits.
10. GEOTECHNICAL FIELD INSPECTION
The applicant's geotechnical consultant shall inspect, test (as needed), and approve
all geotechnical aspects of the project construction. The inspection shall include, but
not be limited to: site preparation and grading, site surface and subsurface drainage
improvements and excavation for foundation and retaining walls prior to the
placement of steel and concrete.
The following should be specifically performed:
a. The Project Geotechnical Consultant shall closely monitor the fill and expansive
soil over -excavation, and pool backfill to assure that rigid grid foundation is
placed on low -expansion potential materials, and atop suitably compacted fill
materials.
Resolution No.99 ASA -2017-08
November 20, 2018
Page 6
b. The results of these inspections and the as -built conditions of the project shall be
described by the consultants in a letter and submitted to the City for review prior
to final project (as -built) approval.
11. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing
Program by paying the applicable BMR Housing Mitigation Fee.
12. DEMOLITION REOUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible subject to the Building Official. The applicant shall provide evidence that
materials were recycled prior to issuance of final demolition permits.
13. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public Works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays as defined in Chapter 10.48 of the Municipal Code. Night time
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated.
ASA -2017-08 November 20, 2018
Resolution No.99 Page 7
14. COTENANT 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.
15. DUST CONTROL
ctices shall. be implemented during all phases of
The following construction pra
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a. Water all active construction areas at least twice daily and more often during
windy periods to prevent visible dust from leaving the site; active areas adjacent
to windy periods; active areas adjacent to existing land uses shall be kept damp. at
all times, or shall be treated with non-toxic stabilizers or dust palliatives.
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least 2 feet of freeboard;
c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction sites.
d. Sweep streets daily, or more often if necessary (preferably with water sweepers) if
visible soil material is carried onto adjacent public streets.
e. The applicant shall incorporate the City's construction best management practices
into the building permit plan set.
16. 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
Community Development Department.
17. 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
Resolution No.99 ASA -2017-08
November 20, 2018
Page 8
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City.
18. 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 DEPT
19. TRAFFIC IMPACT FEES
The project is subject to pay Traffic Impact Fees. The fee is set at $5,968 per unit.
20. STREAMSIDE PERMIT
The project is subject to applying for a Streamside Modification Permit due to its
proximity to Prospect Creek. The purpose of this permit is to ensure that the project
does not adversely impact the adjacent creek.
21. STREET IMPROVEMENTS
Provide frontage improvements along the project to the satisfaction of the Director of
Public Works. Street improvements may include, but not be limited to, a new
driveway and storm drain lateral.
22. GRADING
Grading shall be as approved and required by the Director of Public Works in
accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications
and 404 permits may be required. Please contact Army Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
23. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works.
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,
ASA -2017-08 November 20, 2018
Resolution No.99 Page 9
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 and
site (e.g., via buried pipes, retention systems or other approved system
improvements) as necessary to avoid an increase of the ten percent flood water
surface elevation to the satisfaction of the Director of Public Works. 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.
24. DEVELOPMENT 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 third party
geotechnical and structural review. Said agreement shall be executed prior to
issuance of construction permits.
Fees:
a. Checking & Inspection Fees
b. Grading Permit:
c. Storm Drainage Fee:
d. Traffic Impact Fee:
e. Encroachment Permit Fee:
Bonds:
Per current fee schedule ($823.70)
Per current fee schedule ($931.52)
Per current fee schedule ($4,550 per AC)
Per current fee schedule ($5,968 per unit)
Per current fee schedule ($437.97)
Encroachment Bond: 100% of Off-site improvements
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.
25. SURVEYS
A Boundary Survey and a horizontal control plan will be required for all new
construction to ensure the proposed building will be set based onthe boundary
survey and setback requirements.
26. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
prior to final occupancy. The Agreement shall include the operation and
Resolution No.99 ASA -2017-08
November 20, 2018
Page 10
maintenance for non-standard appurtenances in the public road right-of-way that
may include, but is not limited to, landscape, sidewalk, pavers, and street lights.
27. 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.
28. 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.
29. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
30. 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.
31. TRAFFIC CONTROL PLAN
The developer must 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
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.
32. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
33. SANTA CLARA COUNTY FIRE DEPARTM ENT
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
Resolution No.99 ASA -2017-08 November 20, 2018
Page 11
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).
34. SAN TOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before
issuance of a building permit approval.
35. 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.
36. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
37. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and San Jose Water Company, and/or equivalent agencies) will be
required prior to issuance of building permits.
PASSED AND ADOPTED this 20th day of November, 2018 at a special noticed
Administrative Hearing Meeting of the City of Cupertino, State of California, held by_the
Administrative Hearing Officer, pursuant to Cupertino Municipal Code Section
19.12.120.
ATTEST: APPROVED:
Jefrey Tsumura Benjamin Fu
Assistant Planner Assistant Director of Community Development
I