Reso 6302 EXC-2005-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6302
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION FOR A NEW 6,500 SQUARE FOOT
RESIDENCE ON A PROMINENT RIDGELINE WITH SLOPES GREATER THAN 30%
AND EXCEPTIONS TO THE MAXIMUM WALL HEIGHT ON THE DOWNHILL
ELEVATION AND TO EXCEED THE MAXIMUM GRADING QUANTITIES.
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2005-08 (EA-2005-02)
Applicant: Martin Bernstein
Location: 22362 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 not visible from City established vantage points, the house
design & new landscaping minimize any negative visual impacts and the
extra grading activities are intended to lower the profile of the home.
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.
Resolution No.6302 EXC-2005-08 June 15, 2005
Page 2
6. The proposed development does not consist of structures on or near known
geological or environmental hazards that have been determined by expert
testimony to be unsafe or hazardous to structures or persons residing therein.
(See General Plan Policies 2-48.)
7. The proposed development includes grading and drainage plans that 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.)
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 that is necessary to allow
for a reasonable use of the parcel. (See General Plan Policies 2-46, 2-47
and 2-49.)
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 that 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. EXC-2005-08 is hereby approved; 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 EXC-2005-08, as set forth in the Minutes of the Planning Commission
Meeting of June 15, 2005, and are incorporated by reference herein.
Resolution No.6302 EXC-2005-08 June 15, 2005
Page 3
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set titled: "McCamish Residence, 22362 Regnart
Road, Cupertino, CA 95014" dated February 23, 2005 and consisting of 19 sheets
labeled A1, A2, A5, A6.1, A6.2, A7, L1.1, T1, C1, C2, C3.1, C3.1, C3.2, C4,C5, C6,
C7 and three un-numerated sheets described as an architectural rendering, floor
plans and the material board, except as may be amended by this resolution.
2. FINAL COLOR APPROVAL
The Director of Community Development shall approve the final colors, which
shall be muted earth tones, meet the hillside reflectivity standard and be deep
rather than pale.
3. TREE PROTECTION
Existing trees shall be protected during grading and construction with chain-link
fencing around the drip-line. The City Arborist will review and approval the
final building and landscaping plans prior to issuance of building permits. A
bond in the amount of $10,000 shall be submitted to ensure tree protection. The
bond may be released following receipt of a report by an internationally certified
arborist that the trees have been adequately protected during development and
are expected to survive.
4. ADDITIONAL SCREEN TREES
A revised landscaping plan shall be approved by the Planning Department prior
to issuance of building permits indicating the location and type of additional
landscaping to screen the 23-foot tall easterly wall from views as seen from the
nearby Midpeninsula Regional Open Space District trails.
5. ELECTRICAL GATE
The City of Cupertino prohibits automatic electrical gates on residential
properties. An existing electrical gate is shown on the site plan. If the gate was
built prior to September 20, 1999 then it is considered legal non-conforming and
may remain as is. If the gate is built after September 20, 1999, then the electrical
mechanism or components shall be removed. Prior to final occupancy, applicant
shall submit records confirming the construction date of the electrical gate.
6. 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,
Resolution No.6302 EXC-2005-08 June 15, 2005
Page 4
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.
7. VERIFICATION OF VALLEY VIEW VISUAL ANALYSIS
Approval of this hillside exception is contingent on staff confirmation of the
minimal visual intrusion posed by the proposed dwelling from six valley floor
� vantage points as presented by Bay West Enterprises in a reported dated
February 22, 2005.
i
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
' DEPARTMENT
�
i S. STREET WIDENING
Street widening and improvements shall be provided in accordance with City
Standards and specifications and as required by the City Engineer
9. DEDICATIONS AND EASEMENTS
Easements and dedications shall be provided in accordance with City Standards
� and specifications and as required by the City Engineer.
� 10. RETAINING WALL CONSTRUCTION
, All retaining walls and related structures shall be installed in accordance with an
' approved grading/improvement plan. Retaining wall specifications and details
must be submitted in conjunction with the grading/ improvement plans. All
, designs and plans must be approved by the Public Works Department prior to
commencement of work.
The City and its representatives shall obtain a Geotechnical Report for review.
11. FIRE HYDRANT
Fire hydrants shall be located as required by the City, under the direction of San
� Jose Water and the Fire department.
! 12. 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.
13. 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.
Resolution No.6302 EXC-2005-08 June 15, 2005
Page 5
14. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
* Pre and Post-development storm drain hydraulic calculations must be provided
to identify if storm drain facilities need to be constructed or renovated.
15. UNDERGROUND 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. Ordinance No. 331 requires all overhead lines to be
underground whether the lines are new or existin�. 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.
16. 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 under
grounding of utilities. Said agreement shall be executed prior to issuance of
construction permits.
Fees:
a. Grading/ Improvement Permit: $ 5% of On & Off Site Improvement
Costs
b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: N/ A(Paid 4,257.00 - 2/ 18/ 2000)
d. Power Cost: N/ A
e. Map Checking Fees: N/ A
f. Park Fees: N/ A
Bonds:
a. On & Off-Site Improvements Bond: 100 % Labor/ Material Bond, 100 %
Performance Bond
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.
17. 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.
Resolution No.6302 EXC-2005-08 June 15, 2005
Page 6
18. 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 in your grading and street improvement plans.
Erosion/ sediment control plan shall be provided. Identify all Pre-and Post
development BMP's that will be installed on-site.
19. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable for all
grading/erosion control work/improvements in conjunction with this project.
20. GEOLOGICAL REVIEW
The project shall obtain a written confirmation from the City Geologist that all
geological concerns have been identified and addressed prior to issuance of
building permits.
21. VERIFICATION OF LOCATION OF CERTAIN UTILITY LINES
Prior to building permit approval, the applicant shall verify the location of the
proposed sewer line and existing water line on the improvement plans to the
satisfaction of the City Engineer.
22. VERIFICATION OF LOCATION OF EXISTING EASEMENTS
The applicant is relying on the existence and location of certain easements to
facilitate the construction of a new sewer line. Prior to building permit approval,
the applicant shall verify the location of those easements on the improvement
plans and their relationship to the utility line locations to the satisfaction of the
City Engineer.
PASSED AND ADOPTED this 15th day of June, 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Vice-Chair, Miller, Saadati and Chairperson Wong
NOES: COMMISSIONERS: Giefer
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chen
ATTEST: APPROVED:
� �
Steve iasecki Gilbert Wong, Chai erson
Director of Community Development Cupertino Planning Commission
G: � Planning � PDREPORT� RES � EXC-2005-OSres.doc