Reso 6094 03-EXC-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6094
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO CONSTRUCT A 5,277 SQUARE FOOT
RESIDENCE WITH DEVELOPMENT ON SLOPES GREATER THAN 30% AND A
GRADING QUANTITY IN EXCESS OF 2,500 CUBIC YARDS AT 22085 REGNART ROAD
SECTION I: PROJECT DESCRIPTION
Application No.: 03-EXC-01
Applicant: VIA Builders
Location: 22085 Regnart Road .
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Hillside Exception, as described on Section II. of this Resolution; and
WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance
of the City of Cupertino, and the Planning Commission has held one or more Public Hearings on
this matter; and
WHEREAS, the applicant has met the burden of proof required to support this application, and
has satisfied the following requirements:
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 because the residence is located on a flat portion of
the lot and overall grading is minimized.
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 therein. (See General Plan Policies 2-49.)
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
Resolution No. 6094 03-EXC-01 June 25, 2001
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sites, and improvements will be minimized. (See General Plan Policies 2-53, 2-54 and
2-57.)
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:
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.)
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. (See General
Plan Policies 2-55, 5-14 and 5-28.)
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.)
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.)
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, testimony and other evidence submitted
in this matter, application no. 03-EXC-01 is hereby recommended for approval; and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application 03-EXC-01, as set
forth in the Minutes of the Planning Commission Meeting of June 25, 2001, and are incorporated
by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the Plan Set entitled: "New Residence — Lands of Henry, 22085 Regnart
Road, Cupertino, California, consisting of 13 sheets labeled: A1, A3 through A9, C1, C2, On-
Site Septic System Layout sheets 1& 2 and L-1, and a material board labeled "Henry Residenc,
22085 Regnart Rd., Cupertino, CA", except as may be amended by conditions contain in this
resolution.
2. TREE PROTECTION
Existing trees shall be protected during grading and construction as described in the Tree
Protection Plan prepared by Brian McGovern and dated April 19, 2001. The applicant shall
retain an I.S.A. certified arborist to monitor construction and implement the recommendations
outlined in the aforementioned report. The retained arborist shall prepare two review letters to be
Resolution No. 6094 03-EXC-01 June 25, 2001
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submitted to the Director of Community Development. The first letter shall confirm that all tree
protection measures are in place prior to grading permit approval. The second letter shall be
delivered by the arborist to the Community Development Director indicating the implementation
of the protection measures during construction and the overall status of the trees, prior to final
occupancy of the dwelling.
A bond or other financial instrument in the amount of $10,000 shall be submitted to ensure tree
protection. The bond may be released following receipt of the aforementioned second letter
indicating that the trees have been adequately protected during development and are expected to
survive.
, 3. 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.
4. GEOTECHNICAL CONSIDERATIONS
The approval of all foundation, improvement, grading and drainage plans are subject to the
recommendations outlined in the review letters prepared by Cotton, Shires & Associates, Inc. and
dated May 30, 2001 and June 20, 2001, including reference reports prepared by Jo Crosby and
Associates for this project. Building plans shall include necessary revisions to the placement of
leach lines to comply with recommendations, updated topographic contours that accurately
portray the site topography and siting and detailing of the proposed catchment/diversion
embankment.
5. FUTURE LANDSCAPING AND IRRIGATION
Any future plans to landscape/ irrigate the drainage swale or slope above the house is subject to
the review and approval of the City Geologist and Director of Community Development.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
7. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
Resolution No. 6094 03-EXC-Ol June 25, 2001
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8. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference to
adjoining properties, and shall be no higher than the maximum height permitted by the
zone in which the site is located.
9. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
�
, 10. TRAFFIC SIGNS
, Traffic control signs shall be placed at locations specified by the City.
� 11. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type approved
by the City in accordance with Ordinance No. 125.
�
, 12. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe
required. Please contact Army Corp of Engineers and/or Regional Water Quality Control
Board as appropriate.
13. 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.
14. LJNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance
No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices.
The developer shall submit detailed plans showing utility underground provisions. Said
plans shall be subject to prior approval of the affected Utility provider and the City
Engineer.
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15. 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.
�
i Fees:
� a. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost or $2,130.00 minimum
I b. Grading Permit: $ 5% of Site Improvement Cost
� c. Development Maintenance Deposit: $ 1,000.00
( d. Storm Drainage Fee: $ 1,290 per acre
� e. Power Cost: N/A
f. Map Checking Fees: N/A
g. Park Fees: See Fee Work Sheet
h. Regnart Road Reimbursement Fee $ 5,808.30
� Bonds:
� a. Faithful Performance Bond: 100°/a of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
� c. 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.
16. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures
shall be screened with fencing and landscaping or located underground such that said
equipment is not visible from public street areas.
17. DEDICATION OF WATERLINES
The devPloper shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the subject
development.
18. NOTICE OF INTENT
The applicant must file a Notice of Intent (NOI), as required by the State Water Resource
Control Board, for all construction activity disturbing 5 acres or more of soil. The permit
requires the development and implementation of a Storm Water Pollution Prevention Plan
(SWPPP) and the utilization of storm water BMP's. The City shall review the SWPPP for
adequacy.
19. 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
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in your grading and street improvement plans. Erosion and or sediment control plan shall
be provided.
PASSED AND ADOPTED this 25th day of June 2001, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chen, Corr, Patnoe and Chairman Kwok
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Auerbach
ATTES : A VED:
� �
,
Steve Piasecki Patrick Kwok, Chairman
Director of Community Development Cupertino Planning Commission
g: /planning/pdreport/res/03-EXG01