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Reso 6348 EXC-2005-08, V-2005-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6348 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HILLSIDE EXCEPTION FOR A NEW 5,155 SQUARE FOOT RESIDENCE AND A 975 SQUARE FOOT SECONDARY DWELLING UNIT ON A PROMINENT RIDGELINE WITH SLOPES GREATER THAN 30% AND A VARIANCE ALLOWING THE SECONDARY DWELLING UNIT TO EXCEED THE MAXIMUM ALLOWED SIZE BY 175 SQUARE FEET. SECTION I: PROTECT DESCRIPTION Application No.: EXC-2005-08, V-2005-01 (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 and a Variance, 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. � 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.6348 EXC-2005-08, V-2005-01 December 13, 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. 14. There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same ' district. 15. The granting of the applicant is necessary, for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship. , 16. The granting of this applicant 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. Resolution No.6348 EXC-2005-08, V-2005-01 December 13, 2005 Page 3 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 and V-2005-01 are 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 Applications EXC-2005-08 and V-2005-01, as set forth in the Minutes of the Planning Commission Meeting of December 13, 2005, 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 titled: "McCamish Residence, 22362 Regnart Road, Cupertino, CA 95014" dated September 22, 2005, except as may be amended by this resolution. 2. FINAL COLOR, DRIVEWAY AND GEOLOGICAL 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. In addition, the driveway leading to the secondary dwelling unit shall be paved with impervious materials. The final driveway paving plan shall be reviewed and approved by the Planning Department prior to issuance of building permits. The project shall adhere to the recommendations of the City � Geologist in his report dated November 22, 20Q5. 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. A covenant shall be recorded to preserve all of the ' required screening trees as well as the existing oak tree that is located near the south east corner of the project house. 4. ADDITIONAL SCREEN TREES , A revised landscaping plan shall be approved by the Planning Department prior � to issuance of building permits indicating four additional 36-inch box trees to screen the easterly elevation of the secondary dwelling unit. The final location ' and specie shall be reviewed and approved by the Planning Department. Resolution No.6348 EXC-2005-08, V-2005-01 December 13, 2005 Page 4 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. DEVELOPMENT CONVENANT A covenant shall be recorded on the property that limits any future additions to the project unless an approval is received from the Planning Commission. 7. 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 DEPARTMENT 8. 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. Resolution No.6348 EXC-2005-08, V-2005-01 December 13, 2005 Page 5 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. 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 under�round whether the lines are new or existing. 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 anci 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 Resolution No.6348 EXC-2005-08, V-2005-01 December 13, 2005 Page 6 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. 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 Resolution No.6348 EXC-2005-08, V-2005-01 December 13, 2005 Page 7 plans and their relationship to the utility line locations to the satisfaction of the � City Engineer. PASSED AND ADOI'TED this 13th day of December, 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: � AYES: COMMISSIONERS: Chairperson Wong, Vice-Chair Miller, Saadati � Chen, Giefer NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTES : APPROVED: � i�.� , -� ) � .- �, �� �� Steve Piasecki Gilbert Wong, Chairperson � Director of Community Development Cupertino Planning Commission