Reso 6480(2) EXC-2007-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6480
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION FOR A NEW 6,030 SQUARE FOOT
RESIDENCE ON SLOPES GREATER THAN 30% AND EXCEPTION TO
THE SETBACK OF THE SECOND-STORY, DOWNHILL-FACING
WALL PLANE AT 22292 REGNART ROAD.
SECTION I: PROTECT DESCRIPTION
Application No.: EXG2007-09
Applicant: Kathy Yates
Location: 22292 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 as revised minimizes 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.
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.
Resolution No.6480 EXC-2007-09 August 28, 2007
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7. The proposed development includes grading and drainage plans that will
ensure that erosion and scarring of the hillsides caused by necessary
construction of the housing site and improvements will be minimized.
8. 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.
9. 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.
10. 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-2007-09 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-2007-09, as set forth in the Minutes of the Planning Commission
Meeting of August 14, 2008, 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: "Yates Residence, 22292 Regnart Road,
Cupertino, Calif." dated 7-07-07 and consisting of 11 sheets labeled A1 through
A9, 1, except as may be amended by this resolution.
2. DESIGN REVISION
The shed roof on the rear elevation shall be extended across the two-story wall to
the satisfaction of the Director of Community Development.
3. GEOTECHNICAL REVIEW
Prior to building permit approval, the applicant shall comply with the
recommendations outlined in the Cotton Shires & Associates, Inc.
Supplemental Geologic Review Letter dated July 2, 2007 and pertaining to the
proposed development.
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Resolution No.6480 EXC-2007-09 August 28, 2007
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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. 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.
5. TREE PROTECTION & REPLACEMENT
Prior to building permit approval, the applicant shall comply with the
recommendations stated in the Arbor Resources report, dated June 22, 2007, for
the trees slated for retention.
The two, specimen-size Coast Live Oak trees approved for removal shall be
replaced with three 24" box trees. Exact locations to be mutually decided by the
Director of Community Development and the applicant.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
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.
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. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
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Resolution No.6480 EXC-2007-09 August 28, 2007
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10. 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.
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 maybe required. Please contact Army Corp of Engineers and/or Regional
Water Quality Control Board as appropriate.
All new retaining wall work requires calculations and details included within
grading plan set. All grading plans must include an erosion control plan.
If site grading (excluding the building envelope) exceeds 1000 cubic yards, then
the applicant must pursue a Supervised Grading Permit with the City as described
in Cupertino Municipal Code 16.08.230.
12. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Pre and Post-development calculations must be provided to identify if storm
drain facilities need to be constructed or renovated.
13. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City and Santa Clara County Fire Department
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. Ordinance No. 331 requires all overhead lines to be
under�round 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.
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.
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Resolution No.6480 EXC-2007-09 August 28, 2007
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Fees: �
a. Grading/ Retaining Wall Permit: Greater of$2,163.00 min. or 6% of Imp.
Cost
b. Development Maintenance Deposit $1,000.00
c. Storm Drainage Fee: $3,083.10
Bonds:
a. On &Off-Site Improvements 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.
16. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil.
PASSED AND ADOPTED this 28th day of August 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Wong, Kaneda, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: Chairperson Giefer
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Steve Piasecki Gilbert Wong, Commissio r
Director of Community Development Cupertino Planning Commission
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