.04 EXC-2007-02 Jennifer Jodoin
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
EXC-2007-02 Agenda Date: April 24, 2007
Jennifer Jodoin
Janet M DeCarli
11640 Regnart Canyon Road
Project Data:
General Plan Designation: Residential, Very Low Density, 5-10 Slope
Density Formula
Zoning Designation: RHS-120
Gross Acres: 4.1 acres
Existing Residence/Garage: 6,171 square feet
Existing storage shed: 120 square feet
Proposed Addition: 689 square feet
Total Proposed SF: 6,980 square feet
Maximum Allowable FAR: 6,500 square feet
Maximum Height: 23. feet, 9 inches
Average Slope: 31.7%
Project Consistency with: General Plan Yes Zoning No
Environmental Assessment: Categorically Exempt
Application Summary:
Hillside Exception to construct a 689 square foot second-story addition to an
existing residence for a total floor area ratio of 6,980 square feet, which exceeds
the 6,500 square feet allowed, and an exception to build on a prominent
ridgeline.
RECOMMENDATION:
Staff recommends that the Planning Commission deny file no. EXC-2007-02,
subject to the model resolution.
BACKGROUND:
On April 10, 2007, the applicant submitted a letter requesting continuance of the
application to the April 24th Planning Commission meeting. The Planning
Commission voted 5-0 to continue this item to the April 24 meeting. This report
is substantially the same report as the April 10 Planning Commission staff report,
except for the addition of a letter (See Exhibit B) submitted by the applicant on
April 18, 2007. The applicant's letter is a response to the April 10 staff report that
discusses staff's reasons for recommending denial of the application.
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EXC-2007-02
Page 2
April 24, 2007
On January 26, 2007, the property owner submitted an application for a hillside
exception to request approval of an addition to the residence on the subject
property that would exceed the maximum allowable floor area ratio of 6,500
square feet on the property in the Residential Hillside zone. An exception is also
requested since the addition is proposed on property that is located on a
prominent ridgeline.
A previous hillside exception (16-EXC-98) was granted by Planning Commission
on the subject property on January 11, 1999, allowing a two-story addition to the
residence. The exception was required because of the property's location on a
prominent ridgeline. The addition consisted of a 537 square foot
workshop/utility room on the first floor and a 1,544 square foot living and deck
addition on the second floor, for a total of 6,171 square feet.
DISCUSSION:
The addition is proposed on the second floor of the residence along the north
side of the property and will extend over area that is currently developed with a
paved walkway that provides access around the north end of the residence and a
sloped landscape area that is stabilized by a retaining wall. The area below the
proposed second floor addition will be left open and unenclosed. This area will
consist of support piers for the second floor and maintenance of the paved
walkway that provides access to the storage room on the north side of the
property adjacent to the garage.
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Paved Walkway
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EXC-2007-02
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April 24, 2007
The 689 square foot addition will consist of two bedrooms (including a master
bedroom), a bathroom and two walk-in closets. The applicant submitted a letter
on March 15, 2007 (See Exhibit A) stating that the additional square footage is
needed to accommodate the property owner's nephew and his family who are
living with and caring for the property owner.
The architectural design of the addition is proposed to match the existing
residence with a stucco exterior, gable roof and matching colors.
Maximum Floor Area
The Residential Hillside Ordinance permits a maximum floor area ratio (FAR) of
4,500 square feet for lots with more than 10,000 square feet of net lot area, plus
59.59 square feet for every 1,000 square feet over 10,000 square feet, up to a
maximum floor area ratio of 6,500 square feet. This property has a net lot area of
178,596 square feet and is permitted the maximum floor area ratio of 6,500 square
feet.
The applicant is requesting an exception to exceed the maximum allowable FAR
in the Residential Hillside zone by 480 square feet. The FAR includes the existing
residence (including garage), proposed addition and the existing storage shed.
Staff does not support this exception because maximum house size has
historically been treated as such, citywide. Only on rare occasions has the
maximum size been exceeded, and in those cases, the new space was internal.
Staff is concerned that approval of this application may set a precedent for future
FAR exceptions to be granted.
Additionally, staff does not feel that all of the findings for a hillside exception
can be met. Finding no. 4 of Section 19.40.140 of the Residential Hillside
ordinance allows the exception to be granted when the proposed development
involves the least modification of, or deviation from, the development
regulations necessary to accomplish a reasonable use of the property.
Additionally, finding no. 8b permits an exception allowing disruption to the
natural silhouette of the ridgelines if the development is necessary to avoid
greater negative environmental impacts and the size of the structure is the
minimum necessary to allow for reasonable use of the property. Staff does not
believe these findings can be met since the property owner already has
reasonable use of the property within the existing parameters of the
development regulations and, therefore, deviation from the existing
development regulations is not necessary. Further, the addition is not necessary
to avoid greater negative environmental impacts.
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EXC-2007-02
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April 24, 2007
Prominent Ridgeline:
The applicant is also requesting approval of a hillside exception to add onto
property that is located on a prominent ridgeline. The proposed addition will be
located on the western side of the north elevation of the residence, which is less
visible from the valley floor than the existing eastern side of the residence. The
existing eastern side of the residence is the most visible portion of the residence
as it is located on the prominent ridgeline facing the downward slope that is
visible from the valley floor.
Although staff believes that there will be minimal visual impact to the valley
floor from the addition, staff is concerned that the addition will be visible given
that some of the existing trees along the north side of the property will have to be
significantly trimmed to accommodate the second floor addition.
Landscaping
It appears that at least one of the existing mature pine trees within the sloped
landscape area to the west will have to be removed to accommodate the
addition. Further, additional pine trees to the north and west of the addition may
have to be significantly trimmed.
Staff is concerned that the trimming of trees along the north elevation of the
addition will enhance the visibility of the addition along the prominent ridgeline.
Should the Planning Commission approve the exception, staff recommends that
a condition be required to plant an additional tree along the northeast side of the
residence to mitigate the visual impacts from the valley floor and to replace the
tree along the west side that will have to be removed to accommodate. the
addition.
Geological
The applicant states that an updated geo-technical report has not yet been
prepared for the addition at this time. However, the applicant intends to have the
updated report prepared and submitted to the City for review and approval
prior to issuance of building permits, if the Planning Commission approves the
hillside exception.
Staff has no objection to the applicant submitting an updated geo-technical
report prior to issuance of building permits, since the previous geo-technical
report prepared for this property in 2000 in conjunction with the previous
addition did not find any significant geotechnical problems on site and
concluded that any geotechnical issues could be mitigated by construction
techniques recommended in the report.
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EXC-2007-02
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April 24, 2007
Staff recommends that a condition be required for the applicant to submit an
updated geo-technical report prior to issuance of building permits if the Planning
Commission approves the exception.
Sanitary District
The Cupertino Sanitary District has commented that the property is within the
sphere of influence of the Cupertino Sanitary District but is not within the
current service area. The residence is currently served by a septic sewage
system; however, the sanitary district states that if there is intent to annex into
the district, both the subject property and a portion of Regnart Canyon Road will
need to be annexed to provide service to the property.
Submitted by: Aki Honda Snelling, Senior Planner (0 D. .
Approved by: Steve Piasecki, Director of Community Development ......-'O~ ("
Enclosures:
Model Resolution of Denial
Model Resolution of Approval (if Planning Commission approves the project)
Exhibit A: Project Description Letter from Applicant dated March 15,2007
Exhibit B: Letter from Applicant dated April 18, 2007
Exhibit C: Photos
Plan Set
G: \ Planning\ PDREPORT\ pcEXCreports \ EXC-2007 -02.doc
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EXC-2007-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A HILLSIDE EXCEPTION FOR A 689 SQUARE FOOT ADDITION TO
EXCEED THE MAXIMUM ALLOWABLE FLOOR AREA RATIO IN THE
RESIDENTIAL HILLSIDE ZONE AND TO ALLOW FOR DEVELOPMENT ON A
PROMINENT RIDGELINE
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
EXC-2007-02
Jennifer Jodoin
Janet M. DeCarli
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 not met the burden of proof required to support this
application, and has not satisfied all of 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 vehicula! 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
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Model Resolution
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EXC-2007-02 (Denial)
April 24, 2007
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-2007-02 is hereby denied; and
That the subconclusions upon which the findings specified in this Resolution are based
and contained in the Public Hearing record concerning Application EXC-2007-02, as set
forth in the Minutes of the Planning Commission Meeting of April 24, 2007, and are
incorporated by reference herein.
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EXC-2007-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION FOR A 689 SQUARE FOOT RESIDENTIAL
ADDITION TO EXCEED THE MAXIMUM ALLOWABLE FLOOR AREA RATIO IN
THE RESIDENTIAL HILLSIDE ZONE AND TO CONSTRUCT THE ADDITION ON A
PROMINENT RIDGELINE
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
EXC-2007-02
Jennifer Jodoin
Janet M. DeCarli
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
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Model Resolution
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EXC-2007-02
April 24, 2007
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-2007-02 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-2007-02, as set forth in the Minutes of the Planning Commission
Meeting of April 24, 2007, and are incorporated by reference herein.
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Model Resolution
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EXC-2007-02
April 24, 2007
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 January 26, 2007 and consisting of seven pages labeled A-O, A-I,
A-2, A-3, A-4, A-5, A-6 and A-7, except as may be amended by this resolution.
2. MAXIMUM ALLOWABLE FLOOR AREA RATIO (FAR)
Approval is based upon a 689 square foot addition to the existing 6,171 square
foot residence, bringing the total maximum allowable floor area ratio to 6,980
square feet, including the existing residence with garage, addition and storage
shed.
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 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. 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 a
24-inch box replacement tree along the western sloped landscape area to replace
the proposed removal of the pine tree to accommodate the addition. Further, an
additional tree shall be planted along the northeast side of the residence to
mitigate the visual impacts from the valley floor.
5. 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.
6. 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.
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EXC-2007-02
April 24, 2007
7. NOTICE OF FEES, DEDICATIONS, RESERV A TIONS 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:
DEPARTMENT
CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
8. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
as needed.
9. 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.
10. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
11. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City as needed.
12. 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.
13. 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
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EXC-2007-02
April 24, 2007
grounding of utilities. Said agreement shall be executed prIor to Issuance of
construction permits.
Fees:
a. Checking & Inspection Fees:
b. Grading Permit:
$515
$ 6 % of Site Improvement Cost or
$2,060.00 minimum
$ 1,000.00
$ 5,289.00
N/A
N/A
N/A
By Developer
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
h. Street Tree
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.
14. 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
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Model Resolution
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EXC-2007-02
April 24, 2007
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 24th day of April, 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Lisa Giefer, Chairperson
Cupertino Planning Commission
G: \ Planning \ PDREPORT\ RES \ EXC-2007-02res.doc
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Exhibit A
March 15,2007
Ciddy Wordell
City Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Expansion - 11640 Regnart Canyon Drive, Cupertino
Dear Ciddy:
As we discussed, please accept this letter as the Written Statement of Justification for the
expansion ofthe above referenced property.
Jan DeCarli has been a resident in Cupertino for over 30 years. When Jan lost her
husband Gordon 20 years ago, her nephew Ken moved in so he could look after her
throughout her twilight years. When they remodeled the house 6 years ago, Ken was a
bachelor and they designed the remodel to the appropriate space required to
accommodate that lifestyle. Fortunately, subsequent to that time, Ken met a wonderful
woman whom he married and was blessed with two beautiful children. As you can
imagine, two adults and two children living in a space that was created for one person has
made the living situation extremely cramped. This brings us to our current space
refinement request. We need to convert the bachelor pad into space large enough to
accommodate a family of four. This is why we are requesting to add 688 square feet for
2 bedrooms and 1 small bathroom. This small alteration will provide space where the
children can sleep, yet still keep Ken in close proximity to Jan. Jan has battled breast
cancer and though she has won numerous times, she still needs family to look after her
and to provide a healthy living environment.
As you can see from the plans, the addition will set back into the hillside completely
hidden by the existing home. We have taken great pains to design a minimal additional
with no physical or visual impact on the community.
Lf'-/5
The proposed expansion is in keeping with the scope and texture of the surrounding area,
and is hannonious with the exiting houses in the neighborhood. Weare proposing to use
a mixture of natural materials to maintain a blending of color with the site vegetation.
Years ago, Ken attended a Commission meeting regarding the changes made to the
allowable square footage on hillside properties in Cupertino. It was his understanding
that the 6,500 maximum for a hillside home of this type was set as a benchmark.
Anything above and beyotld this allowable square footage would require going through
an exception process. The fact that there is an exception process would lead one to
believe that small exceptions would be allowed occasionally with reasonable
justification. We believe this request falls within that scope.
As you can see from the plans, we are asking for a very minimal addition of 688 square
feet. Of the 688 square feet, only 370 is above the current maximum allowed. We aren't
proposing a huge monstrosity of a home. We are merely asking for additional living
space to provide a healthy living environment for the growing family.
Please contact me at (408) 257-2100 should you require any additional information at this
time.
Thank you.
Sincerely,
H~~
Jennifer Jodoin
Applicant for
J an M. DeCarli
11640 Regnart Canyon Drive
Cupertino, CA 95014
(408) 252-9125
if-liP
Exhibit B
April 18,2007
The Planning Commission
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Expansion - 11640 Regnart Canyon Drive, Cupertino
Dear Honorable Commissioners:
This is in response to concerns address by the Planning Department in the Staff report
dated April 10, 2007.
1. Staff is concerned that approval of this application may set a precedent for future
FAR exceptions to be granted.
We are rather perplexed about stairs concern that approval of this
application may set precedent for future FAR exceptions.
We believe the reason the exception. process exists is to accommodate the
needs of Cupertino residents who find themselves in unique living
situations with atypicallleeds.
Jan and Ken have been active members in the community for over 30
years and have maintained multiple businesses in Cupertino for 20 years.
They arc requesting an exception to accommodate the growing family
while still being able to provide care to Jan. The addition will have
absolutely no impact on the community. This is the ideal situation for
which c_\ceptions are made. It is unlikely that this situation could be cited
as a precedent.
2. Additionally, staff does not feel that all the findings for a hillside exception can be
met. Section 19.40.140 ordinance allows the exception to be granted when the
proposed development involves the least modification of, or deviation from, the
development regulations necessary to accomplish a reasonable use of the
property. Additionally, finding no. 8b permits an exception allowing disruption to
the natural silhouette of the ridgeline if the development is necessary to avoid
greater negative environmental impacts and the size of the structure is the
minimum necessary to allow for reasonable use of the property. Staff does not
1.-/ ' ( '7
believe these findings can be met since the property owner already has
reasonable use of the property within the existing parameters of the development
regulations and, therefore deviation from the existing development regulations is
not necessary. Further, the addition is not necessary to avoid greater negative
environmental impacts.
The proposed addition has the minimal amollnt of modification possible.
We have taken great pains to design a minimal addition \vith no physical
or visual impact on the community.
Reasonable use of the property varies depending on the family living on it.
This small addition will provide space where the children can sleep, yet
still keep Ken in close proximity to Jan.
We disagree with staff and believe the addition will have a minimal
negative environmental impact.
2. The proposed addition will be located on the western side of the north elevation of
the residence, which is less visible from valley floor than the existing eastern side
of the residence. The existing eastern side of the residence is the most visible
portion of the residence as it is located on the prominent ridgeline facing
downward slope that is visible from the valley floor.
The proposed addition has zero visibility from the valley floor. The West.
East and South elevations will be hidden by the existing house or by trees.
The North rear elevation is visible from one neighbor who is on the
adjacent prominent ridgeline. Additional trees can be planted as a screen.
3. Staff is concerned the trimming of the trees along the north elevation of the
addition will enhance the visibility of the addition along the prominent ridgeline.
We would be happy to accept a condition that ",vould require us to plant
any additional trees the commission deems necessary.
Sincerely,
Jennifer Jodoin
Applicant for J an M. DeCarli
21710 Stevens Creek Blvd., Suite 200
Cupertino, CA 95014
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CiENERALNOTES
I. THE COIlIRACTOR JH:) 8UIlCOHTlIACTOR 8HAU. SIUlY THE CRAIoWlGll. VERFY AU.
DIIEN8ION8 JH:) CONlITION8 ON '!HE CRAIoWlG8 JH:) AT THE JOB SITE PRIOR TO
IllIlOING, 0ADERlNG MATERIALS. EQUIPMEHT JH:) FIXT\JRE8 OR COMMENCEMENT Of
THE_
2. EACH CONTRACTOR JH:) 8UPPlJER 18 RESPON8lIlLE THAT tIS WORKJH:) MATERIALS
COOFORIITOAU.APPlJCAIlU! cooes. INCl.lDNG CHAPmlG Of THE ClRlENT
I.-awIlUll.lllG cooeJH:)~24 CXlIlESASOf 1~12lIOS.
3. 8UBCONTRACTOR.-w.L. PROMP11..YNOTlFY THE OENERALCONTRACTOR. AND
'!HE _ CONTRACTOR 8HAU. NO'T1FY THE llEBIGNER, Of IWf ERRORS OR
0IlI88I0N8. OR IlISCREPNICIESIN THE PLANS AND/OR llPECIFlCATION8.
.. AU. EXIImNO FNStE8 OR MATERW.8 0rI\MA0ED DUE TO DBIOU11ON OR M:W
CC>>MTRuc'noN 8tWJ..BE. AEPAtRB). FHSHED. ~ REPlACED TO MATCH ORIQINAL
CONDITION. TO TIE SAlI8FACT1ON OF T1<< OWNER ANI:tIOR TIE DESIGflER,. AN) AT
NO C08TTO '!HE OWNER OR DE8IONI!R.
5. F THERE 18 A CONFIJCT _THE 8PECIF1CATlOHS JH:) 1HE 8UlCONTRAcTOR
ACAEBIENT, '!HE MOM RES11lICT1\IE 8IWJ.GlO\IERN.
e. THE INTENT Of....1lllCWENT IS TO JNCl.llCE AU. tAIlOR, MATERIALS. _
JH:) TRAHllPORTATlON, NECES8ARV FOR THE COMIUTE AND PROPER ElCECUTION
Of THE _ CON8llIT9fT WITH GOOD PRACTICE, IWf WORK OR ITEM NOT
eI'EClFICALLY CAU.Bl FOR" THE 0RAWING8 BUT REQUlAED FORA COMPlETE JH:)
FIllY FUNCTIONI'lG INSTAlLATION 8HALl. BE lIUPPLIED BY THE CONTRACTOR JH:)
APPRO\IED BY THE CESIGNEIl DO NOT ecALE DRAWlNGll. 1HE DESIGNER ASSlMES
NO~ FOR ERRORS DUE TO THE SCAlJNG Of llRAWlllGSBY
CONTRACTORS.
1. THE DE8IQNER'8 0ECI8I0Nll .. MATTERS RElATING TO ARTISTIC EFFECT WIU BE
I'IW. . CONllISTENT WITH '!HE INTENT Of THE CONTRACT 00CUI0tENT8.
.. DIMENItON8 NOT 8ttO\IVN AS +J.. ARE NOT ADJU8TE) WfTHOUT PRIOR APPROVAL ex:
_llI!llIONER.
t. DM98ON8 TO EXJB11NC) WM.LBARE 10 F~WI\IJ.. I..H..E88 0'TtERWI8E
NOTED.
10. THEARCHfTE~ DRAWINGS ARE.......... THE RESPONBIBIUTY OIF ALL
CCltIlllTION8 NOT tlPECFlCAU.Y NOTED OR DETAILED ARE 1HE RE8PON8IIlll.ITY
Of THE COInRACTOIIAND/OR &uIICClNlRAqTOR 1N'oIOL\IED. IWf CONDI11ONS .
REQUIRING DETAIUNG 8HOLlll BE IlROOOH1TO THEATTamON Of THE CEBIGNER.
11. AU. FN8H MATERIALS, FIXTURES AN:J HARDWtt.RE TO BE ~ BY "OWNER.
SUBMIT LITERATlME AND'OR 8MIPLE8 FOR THEIR APPftCNtL
12. AU. MATERIALS JH:) WORK SUPPLIED BY IlUIlCON1RACTOI SHAU. BE Of A GRADE
JH:) ClUAlJlY ACCEPTABLE 10 0E8I0NER AND CITY IN EVERY CASE THEY SHAll. BE
SUITABLE FOR THE USE PROFOeED.
IS. NEW GYPSUM IlOAAD CON81lIUC1ION IolEETING EXI8T1NG CONB1RUCT1ON IN THE
SAME PlACE SHAU. BE FLIJ8H. WITH NO \II8I8lE JOI'ITS.
14. DO NOT SCALE DRAWINGS. THE DESIGNER ASSUMES NO RESPONStBtUTY FOR
EAROR8llUE 10 THE 8CAl.ING Of DRAWINGS BY CONTRACTORS.
15.FOU.OWTHE~TIONOFTHE~ _THEOEllKlNEROF.
NlYC0Nf\JCT8wrTH__1HJ8PECFlCATION8.
16. AU. H.t.RDWt<<E FHaES, 8WlTCHNCQUI1ET PlATES SHALLMATCH IOOSTINQ --.--~1
IIUlL1lING STAiclMD, UIUS8 QTHERWIllE NOTED.
11. ECIUo'lOR BETTER 8UIlSTl1UI'ION8 AIlE AUOWI!D SU8.ECTTO 0WNER'8 APPROVAL.
THE CONTRACTOR OR IlU'Pl.IER8, BYTt18 ~AL. CER1PIESIHJ GlIARANTEES
_T THE SUIlsTmmON IS...AU. REilPEcTs. ECIUo'lTO OR BETTER THAN THE rrEM
llPECIFlEO, UIUS8 SPECFlCAU.Y NOTeD 0lHEAWISE.
". ALL DOORS N<<)'WINOOWS AKJ THSR HARDWME. TO M:ET SECURITY
~OFTHECITY.
18. \IERFY EACH 00NDfTI0N WIlli AU. DRAWlHGll BEFORE 8EOlNNINGl WORI<.
STRUC1\JfW.. DRAWINGS ARE NOTlO BE USED WITHOUT CONSULnNG DESiGN
llRAWINGS FOR EACH CONDmON.
20. ACTIW. 81ZE8, ROUGH AND F1NI8H 0PENINQ8 SHAU. BE \IERIFIED WI1I1
........ACT\.MR8: \IERIFY F 8t2I! CAU.-OU1S AREACTIW. OR NOMINAL; INClIJlllNG
llKYUGH1ll, WINDOWS, DOORS, JH:) N'PIJANCE8.
21. nE ~AN) FAU. SY8'TEM8ARE TIE RE8PONBIBILIlYOF THE
INllMllllAL 8lJBlXlH1RACT0R8TO 0E8lGN IHJ 8U1LD PER CITY REQl.J1REMENTS,
AI'PUCAIlLE COOE8 JH:) GOOD PRAC'T1CE.
22. AU. WORK 8IWJ. BE PERF<lRMED BY ElCPERENCED CONTRACTORSJH:) WORI<MEN.
EACH CONTRACTOR 18 ~ FOR BEING FIllY INFORMED OF PRACT1CE8
Of HSlRAOE JH:) THE RECOIoWENIl.\TION OF TRAIll! AIl8OCIATION.
n THE FOU.OWlNG ITEM TO BE .-rrED 10 THE FIRE _ FOR APPIlOIlA1. BY
APl'RCIPRIA'I!!'IIWlE8: lXlMIlIJSY1CNOETECTORPROIlUCTD.iTA.
:M. 0ISBIQNER1O BENOTlFEDlFON DISCOVERVCFAHY (E)C0N0m0N8~TMA.YNiBIT
DE8KJN INTENTFORPl..ACEMENTOF"*'ll8. CABINETB.APPUANCESnlATMAYNOT
WIllE BEEN\Il8AI!l.EOURfIG _ PROCE88. 0E8IGNER, CONTRACTORANDCLENT
TOREVEW AN) REVtsE DEStGNABtECE88ARYlOCONDIT'ION.
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GENERAl. NOTES
_ 1.1~.07 .'
-A~
-
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Of _
GENfIlAL I#t1TES:
L ntEcamw:nJIl AtrIO~StUlU.STlIlJf'ntE DIt#IIWIMGS. 'IBlF'rAU.
OINENSIClJr6NGCI>>IDfI'lOMSCWtntE~NilJATTMI,.5rft~TO
1lODICi. ~ IlIAlD:IMS, EQ.MlIINI' AND FOm.Il6 QlIl a:MeICEIlIBR' OFntE
-.<
UCH COHJ1UlCT(Il MD.......1S IBPON5&E lHAltlS WOIIlIt AJC) MAlEIWlLS
CONrOIW TO M.l. AM..ICAIU CDDES.INCLLDNC 0MPrBl 42 or TH[ 0IUlEJfT LNfOltII
~ CODlIHJTllUJ4.
J.. SUIICOH11UIlCfO $fW.1. fIIIClMl"Yl.y NOf1FY"tHE QNBUIL tofIUCRJl, Me) 1HE
CENIJUlL CClHrMiCJl>> SHM1. ND11PYTHE DBICt8. OF lilt'( l'MOIlS Ol ClMSSIONS. C.
DlSClVMOES IflHf P\NIl5 AfIlOIQfl5P!OfJCAl1OMS.
4. ALL. ElIIRII<<O fII5HE5 01 JMlIJIM5 CWUlEiID DUE 10 DOIOUJION OIl HEW
COMmIUCJ1ON stWllE.llB'IUIID, fIIStBJ. Ol NPUlCEDTO MATCH 0lItIQN,Ili.
CONDmOM. TOllE SA"nSFACTUfOFlMfO'llB MCWA 1M tIESlCifEt. MD AT lC)
CClSTtOTHECMNEIQlIllJBlCNEll
5- rnDCI5".a:wuc:rll:TtlDllll:~MDlIlC.~
1lCIlOMNf. DIE MClIlE: IIIIS:TM:JM. SHall CCMM.
L nl[lift'OffDf"n.DOCl.IIOfTISTOID1IXALl.~lMlDlIAl5,[QJ....o<<
AND'JIUlNSPOIO"A11DN. tC8WY fOR nE CCMlEnMO 1'ltOfU. EJlIOmON OF 1K.
WIJIIlIL CQirISlImNT1llmtGl)(l)P'ltACnctNftWONCOllR81N01'SI'KJflCALLY
CAlltolGl. "1_~IU'IlI-o.-DKlIlA(DMtlt NatWIYtUtCl1IOfIIoIt
INSTAI.1A1'IOH 5tWJ.. SlMJED IV,. ~ NIb AMll:MD 1VlH! DESOB-
DO JCJTSCM.f ~ THE DBOU ASSUre NO Il!5POfelaJTYfOR 8lIOtS r:u
TO lME $CAlMG Of DIl.fIIllIIIMOS IV CCJJrff'1UCttIl
ntE DI5OB"S DB:ISQ6 1M NotRlDlS IlBATING TO MJ1STIC mB:T 'MUlE
nML" CONSlImMI' v.nllll[ INIDfI' or liE COtIT1W:T DOCIJIlI:HB.
a. DNEN5ION5 NDl'stIDIMI AS +/- /IIIIE. NOr ~ WTHClUT IWClIt f/IIfIfItlNIIIL
"'__
I.. DlNENSKlNS TO ElOSf1JIE lWI.S ,.10 f/la-af-WMJ., IN.I5S 01HEIWllI5(
IlOTUl.
10. lHE NOITECl1.IW. DIUMINCS /!IlL..... ntE ItBlICIN5aIIY ~ MI.
CClNDfJ1CIIS NCn'SPIDFICAU.YNDI'ID Dll DlTMEDMflHE ~
OFTl<<CClNI'1UlCnIIAHDIQIlSlJlCClfrfl1UCTIMILWD. Nf'fCDtl:lfl"06
ltQlIMIC DU....."C; SHDULD IE IIIOUQff TO THE ATIBfJlON OF ntE DEStCJrlfJl
11. AU. fWiI5H NAlEJIlIM.S,. mmJlIlES MD HMDWllIN.lO IE JIE\iIlEVlED rr 0lIlMIl
su.rrlrnM'J\ll(lII#DIOa~1Q:1lBI.~
12. ALL ~MDW(JU(SUI'Plm etSlJlCClrfrMCTOR 5KM.L I( OF AGIUIDf:
AND Q,WJIY ACaPrM.E 10 tIESIQU AM) OTY. '" Mltr CASE THEY SHALL
IE surr-.E fQlnt[ USE "'Il:IlDIB).
1). HEW GYPSUM lDIliID.al5nlUCT1ON WEflJNG DlISJING CDNSlJll.IC'TQI" THE s..M:
JIUlClItW.L IE FWSH. VIImI NO VlSaEJC*B.
.4. DO NCFr!CllrU DMIMCS. 111[ DI3IGfrD Iisr5lIM:3 NO ~ rc.
EJIIOl5 u. 10 lHEstALMG OF IWlM'IGS ., CClN1NCf'ClIlS.
15. FOl.1..OW,,*~1"OfOFntEIMNUJN:n118S. NOIIIInElJISIQB
OF /IMr COHFlJCTS -.nt T1BE DlAWlNCS AJI) SIIICfItA1ION5.
"' ALL twUIWAIlE PltISHB, SWIfCH MD ourur ",""lIS StW.L IMTQt ElIISI1NI:
~_srllMDAllD.UtU5SOTHSIIMR:..c7JBL
17. EQlW. Olt 1ET'T1l'!USJnUJJl)MS,. AI.l.OWED ~TOCMtB'SN'I'W3"IAL
".c.otmW:TOlOlSUf'l'UBS....TIIS~AL, Cl!ID'R!5IH)~
THAT Ttt! suamrvnoN IS IN AU. UPICJS, IQUM. TO 0l1l1nJt'nWt nw
rtEUSft;OFIB),'"-I!SSSIl!O'lCAUYJlO11DGrHIll'lIISl.
All DODIS MDWItIOOI& ANDTlO fWlDIWollETOI&TSECLIIlY
~OfTtEcrTY.
It. ....FY EACH CClMDfT10ft 'Mll1 ALL DRA'MNCS ..oIll.......:t WONt
SI1ll.C1\IIUll DM'eIIGS .IliItl fIOT 1'0 . USED.....our CON5U.T1MC DESlCN
DltAWlMGI FOIl EAOfCXlOl1llM.
20. AC1"UM. sau. IlOUQt ....., ...... 0I'IHItGS StWJ......., wmt
NAf'UACJUIQS. VDl'YIF SIZE CAU.4mMEACI1.W OR~ IClllD-
IMC 5lM.ICKrS.-'WIfICJCMS. OOOIS, AM) M'lWOS.
21. TIE 1'LUIiIIIIC1BICTM:H. NID FAU. S'l'STM An.1HlIllSl'Ol8arrYOfT.:
ltD'tIlDUM.~lODESOlINfD.-o,.an....-m.
APPl.JCAIU:COOB /llGGOODPMCIn.
M1. \10M StW..L. JIBFOIIMIO. EJlPIItBICIDCOK1'UCTOIlSAND~
lAOI camt.\CrOIl S IIBI'Of8aI POl BIG FW.Y ItI'I';lMED Of PMtT1aS
OFHlSTUDEANDTHl~CI'TlW)(AS5OCIA11OM.
2'. 1'HE FClt.l.DifMG mNlO If a.wnmTO"TtE FIIlMUStW. fORl#WICNlIL
.~TFT1tJlDF5:CCIJftl.ImDNDFn'CTOIlI'llODUCTI>>ifA.
24. DISOB 10 .. NOTIFIED WOII Dl!ICOVElIY OF Nfr em CONDl11Of6 TttAT NAY
~I utSIQrf...IUlII tQI~'Qt.IILl5.c.-=IS.AM.JNQS IHAI
w.YHOTHAW...VUIl..E........DESIQ(....x;es. DESIl:JB,CONI"aIlOtlfl
MCI OJENT TO lEWIlW .tIC) LUYISE DE5IGM AS IlECESSMrTO 0JNDm0tt.
2~. I'"TOt.vtD I'NKT OIlOTHBtWISf. fNSH TO ""'TOt CBAT" OIl ca CONDmON5..
TI'J'. '" T\'PICM (+1-) = I'WSORWMJS
(H) - NEW N.T.$._ NDTTDSCAU:
. - wmc ~. ~
IJ.O.M.- utcta5NOTEDO'T'HEJIlMSE
2.58 X 2.58
(E) MAIN, UPPER
LEVEL & GARAGE
(N) UPPER
,-------LEVEL ONLY
SQUARE FOOTAGE CALCULATIONS@ADDITION
SCALE: % . = 1'-0.
(E) MAIN LEVEL
PLACEMENT OF ADD
SCALE: 1" = 20'
SQ. FTGE. CALCS
A 141.4
B 4.5
C 39.7
o 3.B
E 14.2
F 23.6
G 22.B
H 31.0
I 5.5
J 339.5
K 3.3
l 19.4
M 3.3
N 26.3
o 10.6
Tl 688.9
(N)
~l
PROJECT DATA:
OWNERS: Jan DeCarli
SITE DESCRII'TION:
ADDRESS:
116<40 Regnan
Cupertino, CA 95014
APN: 366-33-006
EXISTlNG USE: SINGLE FAMILY RESIDENCE
ZONING: R-H-S-120
OCCUPANCY: RESIDENTIAL
LOT AREA: 178,596 Sq. Ft.
BUILDING AREA:
EXISTING ADDmON TOTAL
MAIN FLOOR: 3424.25 -----0- 3424.25
ATT. GARAGE: 1211.75 0 U 11.75
UPPER flOOR: 1535.00 688.95 2223.95
-------------------------------
TOTAL
COVERAGE: 6171.00 688.95 6869.95
RATIO OF SECOND FlOOR TO ARST:
EXISTING = 44.8lI'
_I P1tOPOSED= 64.~
F AR.(SITE COVERAGE) 6859.95 - 178596. = .O38l1'
FINISHED FLOOR ELEVATION:
m. m. lQ!ffi
MAIN FlOOR: 814.5 814.5 0
GARAGE: 813.5 813.5 0
UPPER flOOR: 822.75 822.75 0
ITION AVERAGE SLOPE OF SITE: 31.7 DEGREES
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Notes,
Projea
Data'"
Square
Footage
Data '"
1.15.07
,..-
PC/NM
..
DeCarlI
4-3
OF
AtlDCAIlA(;ESHII.l.1 ~SCK.I)COM:'MJlfSD1
FLOOR PLAN ~
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IN'TUIiIEDlATE lNlS Sl
II. SftClFYtwatAI
u. SPlDFYHMDIVlI
CORMtB, HBCKT Of :J
TCPTO D"I'ON M5D.
UK: 1001.J.1.&.
ll. AU. NEW_Tat I
1... I'JlCMD(SEJSIIIC
15. JlU.lW/llGSHC
camooo. V......
I6. o\U.lWllNDH
SUIlfACIO'llBtANCI51
_1fU7.
Windowsl
<!) 4040
~ 3036
G> 2036
@ 3020
~ 3040
<ID 1414
(]) 3026
@ 2068
@ 2668
<Q 6868
\'Ql 2468
<I> ~'8. 5~
CD 6068
.
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WAllS NCtauc;: IElWEDI GMACl o\NDHCUSE.-
SHEfDOCX. WMU",., CUI; lNJIIl: Sf....
UNDfIlIflOOItNGAT1ICo\ttESSASI'EQ.llnDI'PUlCI~_L
. ALL SI.1D'IIC fIOOMS I'Bt UIC no.... ,..1... HEIGHT
"Off".
lIGHJIM(i. 50lJtCI (YIIIGOIf, SIMJCHT) WIll NIIftA OF NOr
XlIl: WA. UK 12OJ.1.
WOllATION tMGCW. DOCIt. Df9AIILSIC'I'LICiIt}Vfnt II'
,.o-tIOOll..AUK:.2Q3..J
...-mwmlNZ....OF DD>>-l"OWFlNl5H I'\.CD-ICI"
FAa..,., 1*MI1Nl.ET.1\lISANDSI';JMRl.
aJMDItMS. A..OOIl L.OCA'TIOIe NCIlE. THM JI1' MD<< CiMOl
Hl>>IZONI'Al LQtD PEJlIIBCIIOI..A TOTCI' MIL ICWDE
~ A 4' tMND'Bl: 5ftBE CAN NOT PllI5S 1HIaIQI.
STMl'fMVS. wmt 4 CIl..:w: 1ISStS. LK locaU.I.El.!
A 1 *.- r Kit ~ ClOSS SEC11CIN. NO SIWlP
IJCHESMCM.NOI5IIC, ElCJiJC)ct:IfTlNl.Il1aYfJiOll
~ ATNn1El. fOST5 OlltEnMlOWILLS..
TO. MAXIMUM 1.6 CoIIl.lDJe I'Bl R.1I5H.
NC)OUl(j(OF ALlWAlP.HUTDS PO lII'C 510-5.
CQrmlOI..SSHAU If P'flOIIIOED wmt rJlBUElAlNtCE
WM.IJ MJ$T HAW A SNOtmt. MAJlD,NC1 ~
ES/$TNfJ 1JMl:lEJltAl'tI TO A HfJCitfr Of 7ft'MINE.
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