PC Reso 6961
RESOLUTION NO. 6961
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO ALLOW FOR
THE REMOVAL AND REPLACEMENT OF AN EXISTING 2,660 SQ. FT.
EXTERIOR DECK AND PROPOSED EXPANSION OF
860 SQ. FT., RESULTING IN A 3,520 SQ. FT. EXTERIOR DECK
ON SLOPES GREATER THAN 30% OF AN EXISTING HILLSIDE
RESIDENCE LOCATED AT 22332 REGNART ROAD
SECTION I: PROJECT DESCRIPTION
Application No.: EXC‐2022‐001
Applicant/Property Owner: Rajendra Shah
Location: 22332 Regnart Road (APN#366‐39‐005)
SECTION II: FINDINGS FOR A HILLSIDE EXCEPTION:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Hillside Exception 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, 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, ʺCEQA Guidelinesʺ), the City staff has independently studied the
proposed Project and has determined that the Project is exempt from environmental
review pursuant to the categorical exemption in CEQA Guidelines section 15303 for the
reasons set forth in the staff report dated September 27, 2022 and incorporated herein;
and
WHEREAS, on September 27, 2022, the Planning Commission held a duly noticed
public hearing to receive public testimony on the Project, including the categorical
CEQA exemption in CEQA Guidelines section 15303, and reviewed and considered the
information contained in the staff report pertaining to the Project, all other pertinent
Resolution No. 6961 EXC‐2022‐001 September 27, 2022
Page 2
documents, and all written and oral statements received by the Planning Commission at
or prior to the public hearing; 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 development will not be injurious to property or improvements in the
area nor be detrimental to public health and safety;
The proposed site is surrounded by existing hillside single‐family residences. A geotechnical
study has been conducted for the proposed project and all recommendations of the
geotechnical consultant have been incorporated 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 standards for construction
activities. The project is also required to adhere to the City’s C.3 Municipal Permit for storm
water 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..
2. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic;
The proposed deck will not create any new traffic impacts and/or driveways to the private
driveway. The deck does not involve grading or other modifications that would impact the
existing driveway to access the main residence. 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 is accessed by the private driveway from Regnart Road. In addition, water and
sewer connections are available in the street. The proposed project does not propose any
changes to such access or services. 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 prescribed in this
chapter necessary to accomplish a reasonable use of the parcel;
Any onsite development that requires construction of a structure greater than 500 sq. ft. on
slopes gretare than 30% requires a Hillside Exception. Development cannot feasibly occur on
Resolution No. 6961 EXC‐2022‐001 September 27, 2022
Page 3
the property without a Hillside Exception request as the site is constrained by steep slopes
over 30%. The siting and design of the accessory structure will minimize grading, and
minimize the removal of landscaping necessary on site to develop the property in a manner
consistent with the Residential Hillside Ordinance. Additionally, the proposed new deck
would not be visible from any protected vantage points per the visiblity analysis prepared for
the proposal and preserves hillsides.
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;
The proposed development will be located adjacent to the existing home and involves
rebuilding in the same location as the previous existing deck, with an 864 sq. ft. addition
that would minimally impact the environment and would avoid excessive grading of the site.
Further, the site is constrained by steep slopes that limit areas on the parcel where
development may occur. The siting and design of the accessory structure will minimize
grading, and minimize the removal of landscaping necessary to develop the property in a
manner consistent with the purpose of the Residential Hillside Ordinance.
Other alternative locations for development on the parcel would result in greater grading on
the site and removal of additional landscaping and/or native trees. The proposed development
is 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 which have been determined by expert
testimony to be unsafe or hazardous to structures or persons residing therein (See
General Plan Policies 2‐49);
The geotechnical report and peer review do not indicate any significant conflicts with
geological or environmental hazards. Additionally, all recommendations of the geotechnical
engineers have been incorporated into the conditions of approval in order to ensure structural
stability of the proposed building. 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 which will ensure
that erosion and scarring of the hillsides caused by necessary construction of roads,
housing sites, and improvements will be minimized (See General Plan Policies 2‐53,
2‐54 and 2‐57);
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. The Public Works Department and Planing Division have
Resolution No. 6961 EXC‐2022‐001 September 27, 2022
Page 4
added a condition of approval that requires any drainage and grading plans to be reviewed
and approved 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:
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 (See General Plan Policies 2‐46, 2‐47 and 2‐48);
The property is not located on or near a prominent ridgeline, therefore, no impacts would
occur to the ridgelines.
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 (See General Plan Policies 2‐46, 2‐50, 2‐51 and 2‐52);
The applicant is required to 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. Outdoor lighiting propsoed for the project is shielded and downward facing to be
compliant with Cupertino’s Dark Sky Ordinance.
10. The proposed development is located on the parcel as far as possible from public
open space preserves or parks (if visible there from), riparian corridors, and wildlife
habitats unless such location will create other, more negative environmental impacts
(See General Plan Policies 2‐55, 5‐14 and 5‐28);
The parcel is located adjacent to a public open space preserve along the front yard of the
property and a portion of the left side of the residence. Residential hillside homes abut the
rear and right side of the residence. The deck development is located as far as possible from
the open space preserve and will not create 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 (See
General Plan Policies 2‐54, 5‐15 and 5‐16);
Resolution No. 6961 EXC‐2022‐001 September 27, 2022
Page 5
In the event the project proposes landscaping, the project is conditioned to provide a
landscape plan to be reviewed and approved prior to Building Permit issuance. The project
shall also comply with Chapter 14.15: Landscape Ordinance of the City of Cupertino
Municipal Code (CMC). Additionally, since the site is located in an area designated as
Wildland Urban Interface by CMC Chapter 16.74, fire‐prone plant materials and highly
flammable mulches are strongly discouraged. In conformance with California Public
Resources Code Section 4291, plants shall be selected, arranged, and maintained to provide
defensible space for wildfire protection. The installation of invasive plant species and noxious
weeds is also prohibited. Further, Residential Hillside homes are required to minimize turf
areas on hillsides and turf may not be planted on slopes greater than 25%.
Through the conditions of approval to review any proposed landscaping and the requirement
to 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 (See General Plan Policy 5‐17); and
To allow free movement of animals, in compliane with the RHS fencing standards, only
5,000 square feet (excluding the principal building) of net lot area may be enclosed with solid
fencing. Fencing is not proposed as part of this development.
13. The proposed development is otherwise consistent with the Cityʹs General Plan and
with the purposes of this chapter as described in Section 19.40.010.
The development meets all the development standards for RHS zoned properties and is
consistent with the Cityʹs 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.
WHEREAS, the Planning Commission has independently reviewed and considered the
Project and the basis for the exemption prior to taking any approval actions on the
Project, and exercising its independent judgment, based upon the entire record before it,
has determined that the Project is exempt from CEQA pursuant to CEQA Guidelines
section 15303, which applies to new construction or conversion of single‐family
residences and accessory structures, and that none of the exceptions to the categorical
exemptions in CEQA Guidelines section 15300.2 apply.; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines section 15303 and that none of the exceptions to the
Resolution No. 6961 EXC‐2022‐001 September 27, 2022
Page 6
categorical exemptions in CEQA Guidelines section 15300.2 apply. The exemption in
CEQA Guidelines section 15303 applies to new construction or conversion of single‐
family residences and accessory structures. The proposed project is accessory to the
existing single‐family residence.
2. Approves the application for a Hillside Exception, Application no. EXC‐2022‐001
subject to the conditions which are enumerated in this Resolution beginning on PAGE 6
thereof. The conclusions and subconclusions upon which the findings and conditions
specified in this resolution are based, including those contained in the Public Hearing
record concerning Application no. EXC‐2022‐001 as set forth in the Minutes of Planning
Commission Meeting of September 27, 2022, are hereby incorporated by reference as
though fully set forth herein.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the foregoing recitals are true
and correct and are included herein by reference as findings.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set consisting of eighteen (18) sheets, labled Sheets
A1.0 through A3.3, C1, C2, S1.1 through S3.2, and Accent Light manufacturing
specifications prepared by Muffeny Shah Architects, Sterling Consultants, Arun
Shah & Associates, and Kuzco lighting.
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 PROJECT 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.
4. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on
exterior color, material, architectural treatments and/or embellishments) shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits. The exterior colors and materials shall be natural earth
Resolution No. 6961 EXC‐2022‐001 September 27, 2022
Page 7
tones and have low light reflectivity values of 60 or less. The final building exterior
plan shall closely resemble the details shown on the original approved plans. Any
exterior changes determined to be substantial by the Director of Community
Development shall require a minor modification approval with neighborhood input.
5. DARK SKY COMPLIANCE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved lighting plans to comply with
development standards of Cupertino Municipal Code Section 19.102.040 Outdoor
Lighting Requirements. In the event changes are proposed from the approved plans,
said changes must be reviewed and approved by the Director of Community
Development or their designee. The applicant shall provide all documentation
required to determine compliance with the Municipal Code.
6. 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.
7. 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
Resolution No. 6961 EXC‐2022‐001 September 27, 2022
Page 8
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.
8. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a. Water all exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) 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. All haul trucks transporting soil, sand, or other loose material off‐site shall be
covered.
c. 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.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. 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.
f. 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.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h. 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.
Resolution No. 6961 EXC‐2022‐001 September 27, 2022
Page 9
i. The applicant shall incorporate the City’s construction best management
practices into the building permit plan set prior to any grading, excavation,
foundation or building permit issuance.
9. NOISE AND VIBRATION NOTICE AND SIGNAGE REQUIREMENTS
a. At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant shall send notices of the planned
activity by first class mail as follows:
i. For projects on sites that are more than 0.5 acres or four or more
residential units the notices shall be sent to off‐site businesses and
residents within 500 feet of the project site;
ii. For projects on sites between 0.25 to 0.5 acres, or two or three residential
units (not including Accessory Dwelling Units) notices shall be sent to off‐
site businesses and residents within 250 feet of the project site; or
iii. For projects on sites less than 0.25 acres or one residential unit, the notices
shall be sent to off‐site businesses and residents within 100 feet of the
project site.
The notification shall include a brief description of the project, the activities that
would occur, the hours when activity would occur, and the construction period’s
overall duration. The notification should include the telephone numbers of the
contractor’s authorized representatives that are assigned to respond in the event
of a noise or vibration complaint. The project applicant shall provide the City
with evidence of mailing of the notice, upon request.
b. At least 10 days prior to the start of construction activities, a sign shall be posted
at the entrance(s) to the job site, clearly visible to the public, which includes
permitted construction days and hours, as well as the telephone numbers of the
City’s and contractor’s authorized representatives that are assigned to respond in
the event of a noise or vibration complaint. If the authorized contractor’s
representative receives a complaint, they shall investigate, take appropriate
corrective action, and report the action to the City within three business days of
receiving the complaint.
10. NOISE MANAGEMENT DURING CONSTRUCTION
Projects shall implement the following measures to reduce noise during construction
and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City’s Planning Department for review and approval
Resolution No. 6961 EXC‐2022‐001 September 27, 2022
Page 10
prior to issuance of the first permit during the Building Permit stage. The
Construction Noise Plan shall demonstrate compliance with daytime and
nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control)
of Cupertino Municipal Code. The details of the Construction Noise Control Plan
shall be included in the applicable construction documents and implemented by
the on‐site Construction Manager. Noise reduction measures selected and
implemented shall be based on the type of construction equipment used on the
site, distance of construction activities from sensitive receptor(s), site terrain, and
other features on and surrounding the site (e.g., trees, built environment) and
may include, but not be limited to, temporary construction noise attenuation
walls, high quality mufflers. During the entire active construction period, the
Construction Noise Control Plan shall demonstrate that compliance with the
specified noise control requirements for construction equipment and tools will
reduce construction noise in compliance with the City’s daytime and nighttime
decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior to
the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on‐site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use for
more than 5 minutes.
During the entire active construction period and to the extent feasible, the use of
noise producing signals, including horns, whistles, alarms, and bells will be for
safety warning purposes only. The construction manager will use smart back‐up
alarms, which automatically adjust the alarm level based on the background noise
level or switch off back‐up alarms and replace with human spotters in compliance
with all safety requirements and law.
11. GEOTECHNICAL PLAN REVIEW
The applicantʹs geotechnical consultant is required/responsible to review and
approve all geotechnical aspects of the development plans (i.e., including site
preparation and grading, site drainage improvements and design parameters for
deck foundations) to ensure that their recommendations have been properly
incorporated. The Geotechnical Plan Review shall submit the following to the City
for review by the City’s Plan Check Enginers prior to issuance of building permits
and provide the following clarifications
Resolution No. 6961 EXC‐2022‐001 September 27, 2022
Page 11
a. The applicants geotechinical consultant shall indicate that the recommendations
for foundation embedment into bedrock are indicated on the plans that show a
minimum depth of 5 feet that is to be ignored for skin friction, and a minimum
pier depth of 14 feet below the ground surface.
b. The applicants geotechnical consultant shall review the seismic design criteria
utilized by the structural engineer, and outlined on the plans (CBC 2019 edition).
12. GEOTECHNICAL CONSTRUCTION INSPECTIONS
The following shall be performed by the applicants geotechnical consultant to be
reviewed and approved by the City’s Plan Check Engineers prior to final (as‐built)
inspection:
a. The applicants geotechnical consultant is required to 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 placement of steel and concrete.
b. The applicants geotechnical consultant shall perform an inspection that closely
inspects all pier holes and idenfities the depth to bedroom and adjust pier depths
accordingly to assure that all piers extend sufficiently into competent bedrock
materials.
c. The results of these inspections and the as built conditions of the project shall be
described by the applicants geotechnical consultant in a letter and submitted to
the City’s Plan Check Engineers for review and approval prior to final inspection
of the Builidng Permit.
13. LANDSCAPE PROJECT SUBMITTAL:
The applicant shall submit a full landscape project submittal, per sections 490.1,
492.1, and 492.3 of the Department of Water Resources Model Water Efficient
Landscape Ordinance, for projects with landscape area more than 500 square feet;
the applicant shall submit either a full landscape project submittal or submit the
Prescriptive Compliance Checklist per Appendix D of the Department of Water
Resources Model Water Efficient Landscape Ordinance for projects with landscape
area more than 500 square feet and less than 2,500 square feet. The Landscape
Documentation Package or Prescriptive Compliance Checklist shall be reviewed and
approved to the satisfaction of the Director of Community Development prior to
issuance of building permits.
14. 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
Resolution No. 6961 EXC‐2022‐001 September 27, 2022
Page 12
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
15. INDEMNIFICATION AND LIMITATION OF LIABILITY
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the “indemnified parties”) from and against any liability, claim, action,
cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively
referred to as “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
related to any Ordinance, Resolution, or action approving the project, the related
entitlements, environmental review documents, finding or determinations, or any
other permit or approval authorized for the project. The indemnification shall
include but not be limited to damages, fees, and costs awarded against the City, if
any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses
incurred in connection with such proceeding whether incurred by the Applicant, the
City, or the parties initiating or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees
and costs shall include amounts paid to the City’s outside counsel 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. The applicant
shall likewise agree to indemnify, defend, and hold harmless the indemnified
parties from and against any damages, attorneys’ fees, or costs awards, including
attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or
awarded against the indemnified parties. The Applicant shall cooperate with the
City to enter a Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental review,
if the applicant desires to continue to pursue the project.
Resolution No. 6961 EXC‐2022‐001 September 27, 2022
Page 13
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
16. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
17. BUILDING PERMIT APPLICATION REVIEW
Public Works Department will review the project in further detail during the
building permit application stage and the project will be subject to the standards of
the Public Works Department during the review.
18. GRADING & DRAINAGE
If any grading is proposed, the project may require grading permit and drainage
plans to be submitted for review and approval by the Director of Public Works in
accordance with Chapter 16.08 of the Cupertino Municipal Code.
19. EROSION CONTROL PLAN
The applicant shall provide an approved erosion control plan prepared by a
Registered Civil Engineer to be reviewed and approved by the Public Works
Department to the satsiifcation of the Director of Public Works prior to issuance of
Building Permits. The plan shall include all erosion control measures used to retain
materials on‐iste. Erosion control notes shall be clearly stated on the plans.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
20. WILDLAND‐URBAN INTERFACE
The project is located within the designated Wildland‐Urban interface Fire Area and
building construction in this area shall comply with the provisions of California
Building Code (CBC) Chapter 7A and reviewed and approved by the Fire
Department prior to issuance of Building Permits. Additionally, vegetation clearance
shall be in compliance with CBC Section 701A.3.2.4 and be reviewed and approved
by the Fire Department prior to issuance of Building Permits.
PASSED AND ADOPTED this 27th day of September, 2022, Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
Resolution No. 6961 EXC‐2022‐001 September 27, 2022
Page 14
AYES: COMMISSIONERS: Scharf, Madhdhipatla, Kapil, Saxena, Wang
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMISSIONERS: None
ATTEST: APPROVED:
____ _______
Piu Ghosh Steven Scharf
Planning Manager Chair, Planning Commission