Reso 6656 EXC-2011-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6656
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF A 1,266 SQUARE
FOOT,ONE-STORY ADDITION TO AN EXISTING ONE-STORY RESIDENCE ON A PROMINENT
RIDGELINE LOCATED AT 22362 REGNART ROAD
SECTION I: PROTECT DESCRIPTiON
Application No.: EXC-2011-09 (EA-2011-10)
Applicant: Jonathan Fales,Via Builders
Property Owner: Mark and Barbara McCamish
Location: 22362 Regnart Road, APN: 366-45-014
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 I of this Resolution; and
WHEREAS, the Environmental Review Committee (ERC) has recommended adoption of a Mitigated
Negative Declaration at its meeting of September 1,2011; 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 neither 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.
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
Resolution No.6656 EXC-2011-09 September 13,2011
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 does not consist of structures which would disrupt the natural
silhouette of ridgelines as viewed from established vantage points on the valley floors.
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.
11. The proposed development is otherwise consistent with the City's General Plan and with the
purposes of Chapter 19.40, Residential Hillside (RHS) Zones, of the Cupertino Municipal
Code, as described in Section 19.40.010.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, Environmental Review Committee recommendation,
maps, facts, exhibits, testimony and other evidence submitted in this matter, the Commission finds that
the project with mitigations incorporated will not have a significant environmental impact and adopts a
mitigated negative declaration (file no. EA-2011-10), and application no. EXC-2011-09 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-2011-09, as set forth in the
Minutes of the Planning Commission Meeting of September 13, 2011, 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: "Addition & Remodel form Mark and Barbara
McCamish, 22362 Regnart Road, Cupertino, CA 95014;' dated August 12, 2011 consisting of 15
pages labeled A1 and A1.5 through A15, except as may be amended by the conditions contained
in this resolution.
2. GEOTECHNICAL REVIEW
Prior to building permit approval, the applicant shall comply with the recommendations outlined
in the updated geotechnical report prepared by GeoForensics, Inc. dated May 16, 2011, and in the
Cotton Shires & Associates, Inc. Geologic Peer Review Letter dated July 20, 2011, pertaining to
the proposed development, including the following:
a. Geotechnical Plan Review - The applicant's geotechnical consultant should review and
approve all geotechnical aspects of the project building plans (i.e., site preparation and
grading, site drainage improvements and design parameters for foundations) to ensure that
their recommendations have been properly incorporated.
The results of the plan review should be summarized by the geotechnical consultant in a
letter and submitted to the City Engineer along with other documentation for building permit
plan check.
b. Geotechnical Construction Inspections - The geotechnical consultant should inspect, test (as
needed) and approve all geotechnical aspects of the project construction. The inspections
should include, but not necessarily be limited to: site preparation and grading, site surface
and subsurface drainage improvements, and excavations for foundations and retaining walls
prior to the placement of steel and concrete.
Resolution No.6656 EXC-2011-09 September 13,2011
The results of these inspections and the as-built conditions of the project should be described
by the geotechnical consultant in a letter and submitted to the City Engineer for review prior
to final (granting of occupancy) project approval.
3. CONSTRUCTION MANAGEMENT PLAN
The applicant shall provide with the building permit plan set, a construction management plan
that provides the following information details:
• A recitation of the City's standards for noise control and construction hours
• A site plan illustrating the locations for construction equipment and materials, porta-
potties,construction/security office trailer (if any) and worker parking.
• Location of signage for name and telephone number of complaint coordinator.
4. CONSTRUCTION NOISE/HOURS OF OPERATION
Construction on the property shall comply with the City's Community Noise Ordinance (Chapter
10.48 of the Cupertino Municipal Code) for requirements pertaining to construction noise and
hours of operation.
5. SEPTIC SYSTEM
Prior to final occupancy, the applicant/property owner shall be required to comply with the
requirements of the Santa Clara County Department of Environmental Health for use of a septic
system to serve the property, including requirements to upgrade the septic system to current
Santa Clara County code requirements.
6. COLORS
The building colors of the residence shall comply with RHS design standards in that they are
muted vegetative or earth tones with low light reflectance values (< 60 LRV).
7. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data, including but
not limited to property boundary locations, building setbacks, property size, building square
footage, and any relevant easements and/or construction records. Any misrepresentation of any
property data may invalidate this approval and may require additional review.
8. LANDSCAPE CHECKLIST
Prior to issuance of building permits, the applicant shall submit a Landscape Checklist in
accordance with the City's Landscape Ordinance (Chapter 14.15 of the Cupertino Municipal
Code). Should any new landscaping on site exceed 2,500 square feet, the applicant shall be
required to comply with the requirements of the City's Landscape Ordinance.
9. 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 Governxnent 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.
Resolution No.6656 EXC-2011-09 September 13,2011
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
10. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
11. 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.
12. 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.
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. Hydrology and pre-and
post-development hydraulic calculations must be provided to indicate whether additional storm
water control measures are to be constructed or renovated. The storm drain system may include,
but is not limited to, subsurface storage of peak stormwater flows (as needed),bioretention
basins,vegetated swales,and hydrodynamic separators to reduce the amount of runoff from the
site and improve water quality. The storm drain system shall be designed to detain water on-site
(e.g.,via buried pipes,retention systexns or other approved systems and improvements) as
necessary to avoid an increase of the one percent flood water surface elevation, to the satisfaction
of the City Engineer. Any storm water overflows or surface sheeting should be directed away
from neighboring private properties and to the public right of way as much as reasonably
possible.
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. 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 and fees for under grounding of utilities. Said agreement shall be
executed prior to issuance of construction permits
Fees:
a. Checking&Inspection Fees: $Per current fee schedule ($2,468.00 or 5%)
b. Grading Permit: $Per current fee schedule ($2,217.00 or 5%)
Resolution No.6656 EXC-2011-09 September 13,2011
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: $Per current fee schedule (N/A)
g. Park Fees: $Per current fee schedule (N/A)
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor&Material Bond: 100% of Off-site and On-site Improvement
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.
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. The transformer shall not be located in the front or side building
setback area.
18. 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.
19. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the
developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses
preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best
Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and
maintenance.
20. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or
more of impervious surface (collectively over the entire project site). The developer shall reserve
a minimum of 4% of developable surface area for the placement of low impact development
measures,for storm water treatment, on the tentative map,unless an alternative storm water
treatment plan,that satisfies C.3 requirements, is approved by the City Engineer.
The developer must include the use and maintenance of site design, source control and storm
water treatment Best Management Practices (BMPs), which must be designed per approved
numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement
Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of
ongoing operation and maintenance of treatment BMPs are each required.
Resolution No.6656 EXC-2011-09 September 13,2011
All storm water management plans are required to obtain certification from a City approved
third party reviewer.
21. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil Engineer.
This plan should include all erosion control measures used to retain materials on site. Erosion
control notes shall be stated on the plans.
22. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for
all grading/erosion control work in conjunction with this project.
23. OPERATIONS&MAINTENANCE AGREEMENT
The developer shall enter into an Operations& Maintenance Agreement with the City prior to
final occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include,but is not limited to,sidewalk,
pavers, and street lights.
24. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
25. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department is needed prior to obtaining a building
permit.
26. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
27. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City
Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125.
28. FIRE PROTECTION
Fire sprinklers shall be i.nstalled in any new construction to the approval of the City.
29. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits.
30. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
31. SAN jOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval before issuance of a building permit.
32. 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 Company for water service to the
subject development.
Resolution No.6656 EXC-2011-09 September 13,2011
33. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
34. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, PacBell,
and California Water Company,and/or equivalent agencies) will be required prior to issuance of
building permits.
35. STREAMSIDE PERMIT
Prior to issuance of a building permit,the developer shall provide plans and information that
satisfies the requirements of the Stream Side Permit as set forth by the Santa Clara Valley Water
Resources Protection Collaborative. These items include,but are not limited to,topographic
survey, specific measures to protect streams and/or waterbodies from water quality impacts,
coordination with all interested jurisdictional agencies,etc.
PASSED AND ADOPTED this 13� day of September 2011, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONEIZS: Chair Lee,Vice Chair Miller, Brophy, Brownley,Sun
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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