Reso 6072 08-EXC-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6072
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO CONSTRUCT A 6,500 SQUARE FOOT
RESIDENCE ON A PROMINENT RIDGELINE AND ON SLOPES GREATER THAN 30%,
AT 22350 REGNART ROAD
SECTION I: PROJECT DESCRIPTION
Application No.: 08-EXC-00
Applicant: Daryl Fazekas
Location: 22350 Regnart Road
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Hiliside 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 modiflcation
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.
5. All alternative locations for development on the parcel have been considered and havc
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 geolo�;ical
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 wil( ensure that
erosion and scarring of the hillsides caused by necessary construction of roads, housing
Resolution No. 6072 08-EXC-00 December 11, 2000
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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:
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.)
9. The proposed development consists of structures incorporating designs, colors,
materials, and outdoor lighting which blend with the natural hillside environment and whicll
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 �;round
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. 08-EXC-00 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 08-EXC-00, as set
forth in the Minutes of the Planning Commission Meeting of December 11, 2000, aiid are
incorporated by reference herein.
SECTION IIL• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets Al-A5, L-1, Preliminary Grading and Drainage Plans (sheets 1,2)
and the color and material board, except as may be amended by this resolution.
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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. 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. 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. I F
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
5. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
6. 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.
7. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Li�htin�
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.
8. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
9. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
10. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be ofi a type approved by
the City in accordance with Ordinance No. 125.
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11. 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 inaybe required.
Please contact Army Corp of Engineers and/or Regional Water Quality Control E3oard as
appropriate.
12. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface tlow across public
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless the City Engineer deems storm
drain facilities necessary. 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.
13. LINDERGROUND 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.
14. 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.
Fees:
a. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost or
$1,975.00 minimum
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $ 1,290/ACRE
e. Power Cost: $ per streetlight
f. Map Checking Fees: $N/A
g. Park Fees: $ 15,750
Bonds:
a. Faithful Performance Bond: 100% 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 moditied 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.
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15. 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.
16. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water Works for water service to the
subject development.
17. 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 and or sediment control plan shall be provided.
18. GEOLOGIC REVIEW
The developer shall follow the City's Geologist recommendation that the minimum setback
from landslides shall be 25 feet, fill materials are not to be placed within setback zones, and
residential foundation piers will extend into competent bedrock materials, as well as the
remaining conditions in the applicant's and City's geologic reports.
In addition, the developer's geotechnical consultant shall inspect, test, approve, and certify all
geotechnical aspects of the project construction. The inspections should include, but iiot
necessarily be limited to: site preparation and grading, site surface and subsurface drainage
improvements and excavations for foundations, retaining walls, and slope repairs prior to the
placement of steel and concrete.
19. LANDSCAPE PLAN
The applicant shall develop a detailed landscape plan with appropriate sub-drains to help
stabilize the slopes and ensure there is no additional drainage-related impact on the existing
slide areas. The plan is subject to review and approval by the City Geologist, prior to issuance
of building permits.
PASSED AND ADOPTED this llth day of December, 2000, at a Regular Meetin�; of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Doyle, Kwok, Stevens and Chairperson Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES APPROVED:
� � �
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Ste iasecki Andrea Harris, C airperson
Director of Community Development Cupertino Planning Commission