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PC Reso 6514 M-2008-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6514 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HILLSIDE EXCEPTION TO ALLOW A 328 SQUARE FOOT SECOND STORY ADDITION TO AN EXISTING RESIDENCE IN THE HILLSIDE ZONE ON A PROMINENT RIDGELINE SECTION I: PROTECT DESCRIPTION Application No.: M-2008-01 Applicant: Jennifer Jodoin Property Owner: Janet M. DeCarli Location: 11640 Regnart Canyon 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. 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 that have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein. (See General Plan Policies 2-48.) Resolution No. 6514 M-2008-01 June 10, 2008 Page 2 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. M-2008-01 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 No. M-2008-01, as set forth in the Minutes of the Planning Commission Meeting of June 10, 2008, and are incorporated by reference herein. Resolution No. 6514 M-2008-01 June 10, 2008 Page 3 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. � , 1. APPROVED EXHIBITS Approval is based on the plan set titled: "DeCarli Residence Interior Remodel" dated received May 30, 2008 and consisting of eighteen pages labeled A-(0-9), E- 1, S-(0-4), SW2, T24, and L-1, except as may be amended by this resolution. 2. MAXIMUM ALLOWABLE FLOOR AREA RATIO (FAR� Approval is based upon a 328 second-story square foot addition to the existing � 6,171 square foot residence, bringing the total maximum allowable floor area ratio to 6,499 square feet, including the existing residence and attached garage and not including the unenclosed shed structure. 3. TREE PROTECTION Existing trees not proposed to be removed shall be protected during grading and construction with chain-link fencing around the drip-line. The City Arborist will review and approve the final landscape plan prior to issuance of building permits. A tree protection bond in the amount of $10,000 shall be submitted to ensure tree protection. The bond may be released following receipt of a report from the City Arborist at the end of one year after completion of construction that the trees have been adequately protected during development and are expected to survive. 4. TREE REPLACEMENT FOR TOPPED TREES Any existing trees that have been topped shall be replaced on a 1 to 1 basis with six (6) 48-inch box California native Incense Cedars planted along the northeastern and eastern downhill slopes in order to screen the house from the valley floor. An updated landscaping plan shall be provided to staff for review and approval to the satisfaction of the Director of Community Development prior to issuance of building permits. 5. LANDSCAPE PLAN A landscaping plan shall be submitted for review and approval by the Planning Department prior to issuance of building permits. In addition to the existing trees to be maintained, the landscaping plan shall also include the planting of two (2) 48-inch box California native Incense Cedar trees; one on the northeastern downhill elevation and one on the eastern downhill elevation to replace the proposed removal of two (2) Monterey Pine trees to accommodate the addition. The landscaping shall been installed and verified by staff and the City's Arborist, prior to issuance of building permits. Once planting has been verified, staff shall report to the Planning Commission prior to issuance of building permits, on Resolution No. 6514 M-2008-01 June 10, 2008 Page 4 whether the landscaping has been satisfactorily installed and whether it is being adequately maintained. For any additional trees that are removed due to hazardous conditions or are considered dead, the applicant shall be required to replace these trees in accordance with the Protected Trees Ordinance. Species and size of replacement trees shall be reviewed and approved by the Community Development Department. 6. PROTECTED TREES The applicant shall record a covenant and deed restriction running with the land to inform future property owners of the conditions of approval of the application with regard to landscaping. The covenant shall also specify that the trees identified on the approved landscaping plan are protected and may not be topped, severely pruned or removed without approval in the manner prescribed in the Protected Trees Ordinance. 7. TREE TRIMMING The applicant is responsible for proper tree maintenance including pruning. No more than 25 percent of the functioning leaf and stem area of a protected tree may be removed in a 12-month period as prescribed by an internationally certified arborist. In addition, none of the trees identified on the approved landscaping plan for the property may be topped or severely pruned back. 8. GREEN BUILDING REQUIREMENTS The applicant shall work with staff to complete the Build It Greeri s Single Family Remodeling Checklist to determine which elements of the checklist can be implemented as part of the project. The applicant shall attempt to implement as many items as possible from the checklist to the satisfaction of the Planning Department. 9. SANITARY DISTRICT If there is any intent for annexation into the Cupertino Sanitary District, both the subject property and a portion of Regnart Canyon Road shall be annexed into the sanitary district to provide service to the property. 10. GEO-TECHNICAL REPORT Prior to issuance of building permits, the applicant shall submit an updated geo- technical report of the proposed addition on the subject property to be reviewed and approved by the City. The applicant shall be required to implement the requirements of the updated geo-technical report as determined by the City. 11. 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 Resolution No. 6514 M-2008-01 June 10, 2008 Page 5 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 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. Pre- and post- development calculations must be provided to indicate whether additional storm water control measures are to be installed. 14. 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. 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. 15. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 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 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. Resolution No. 6514 M-2008-01 June 10, 2008 Page 6 16. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP� REQUIREMENTS a. Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. b. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. d. Hydromodification Plan (HMP)Required The applicant must provide a comprehensive plan to control any combination of on-site, off-site and in-stream control measures incorporated into specific redevelopment projects in order to reduce stormwater runoff so as to not increase the erosion potential of the receiving watercourse over the pre- project condition. PASSED AND ADOPTED this 10th day of June, 2008, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Rose and Kaneda " NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: Brophy ABSENT: COMMISSIONERS: none ATTES :�` APPROVED: i � � � -- � _ " !f� . ����� Steve Piasecki Ma ller, Chair Director of Community Development Cupertino Planning Commission