Reso 6603 M-2010-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6603
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A HILLSIDE EXCEPTION (EXC-2001-0� TO CONSTRUCT A
2,223 SQUARE FOOT,SINGLE-FAMILY RESIDENCE ON A SUBSTANDARD LOT WITH A SLOPE
GREATER THAN 30 PERCENT LOCATED AT 22810 MERCEDES ROAD (APN 342-22-106)
SECTION I: PROTECT DESCRIPTION
Application No.: M-2010-04
Applicant: Chi Nguyen
Location: 22810 Mercedes Road (APN 342-22-106)
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.
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.
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8. The proposed development does not consist of structures which would disrupt the natural
silhouette of ridgelines as viewed from established vantages points on the valley floor.
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.
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 includes a landscape plan which 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.
12. 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, the application for a Modification to a Hillside Exception are hereby recommended for
approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2
thereof;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-2010-04 as set forth
in the Minutes of the Planning Commission Meeting of September 14, 2010, and are incorporated by
reference though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on the plan set entitled "New Nguyen-Le Residence, 22810 Mercedes
Road, Cupertino, CA 95014, APN: 342-22-044 consisting of 11 pages dated September 14,
2010 and a color and material sheet with an uns ecified date except as may be amended by
p
the conditions contained in this Resolution.
2. RETAINING WALL DESIGN
The Director of Public Works and Director of Community Development shall review and
approve the final retaining wall plans and exterior materials prior to issuance of building
permits. All of the existing and new masonry walls (including but not limited to the southern
retaining walls, driveway retaining walls, and pier foundation system of the house) shall be
screened by either appropriate stone or wood siding materials or other similar
materials/features as deemed appropriate by the Director of Community Development to
help reduce the visual mass and blend with the surrounding natural environment.
3. FINAL COLORS AND MATERIALS
The final colors and materials shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits.
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4. MODIFICATIONS TO APPROVED EXTERIOR COLORS AND MATERIALS
Any proposals to modify the approved exterior colors and materials shall be subject to review
and approval by the Director of Community Development prior to installation and/or
application. The modifications shall mimic the character and design intent of the originally
approved materials and shall be compatible with the site's natural surroundings.
5. SITE FENCING
The existing fence shall be modified to comply with the Fence (Chapter 16.28 of the CMC) and
RHS (Chapter 19.40) Ordinances. The Director of Community Development shall review and
approve the proposed fence location and design prior to issuance of building permits.
6. GEOLOGIC AND GEOTECHNIC REVIEW
The project shall incorporate all recommendations set forth in the geotechnical investigation
prepared for the development by Wayne Ting&Associates, Inc.,dated August 10, 2007 and
December 28,2009.
In addition, the project shall incorporate all the following recommendations set forth in the
geologic and geotechnical peer review conducted by Cotton,Shires and Associates,Inc., dated
July 27,2010:
a) Prior to issuance of building permits, structural plans shall be generated for the
proposed residence that incorporates the recommendations of the project geotechnical
engineer.
b) Prior to issuance of building permits, the applicant's geotechnical consultant shall
review and approve a11 geotechnical aspects of the development plans (i.e. site
preparation and grading, site drainage improvements and design parameters for
foundations and retaining walls) to ensure that their recommendations have been
properly incorporated. The structural plans and geotechnical plan review shall be
submitted to the City and reviewed by the City staff and City Geotechnical Consultant
prior to approval of the building permit application.
c) Prior to final (as-built) project approval, the geologic and geotechnical consultants
shall inspect, test, and approve all geologic and geotechnical aspects of the project
construction. The inspections shall 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. The project geologist shall inspect all pier excavations to assure that
adversely oriented planes of weakness are not encountered, and that competent earth
materials are encountered. The results of these inspections and the as-built conditions
of the project shall be described by the geotechnical consultant in a letter and
submitted to the City Engineer for review prior to final project approval.
7. ON-STREET PARKING SPACES AND PROTECTION OF ADTACENT TREES
The applicant shall provide paving to accommodate two parallel parking spaces along the
north side of Mercedes Road. The on-street parking spaces, garage pad, driveway and
retaining walls shall be constructed prior to beginning construction on the project and shall
be used as a staging area during construction. The road/parking area in the right-of-way in
front of the applicant's lot shall be repaired in accordance to Public Works' standards in the
event of damage.
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The applicant shall retain the City's consulting arborist to survey the locations of the adjacent
Oak trees in relation to the proposed parking area and recommend protective measures that
shall be incorporated into the construction plans. The final location of the parking area shall
be reviewed and approved by the Director of Community Development prior to issuance of
building permits.
The applicant shall install pervious paver or turf block material in the on-street parking area
and enter into a maintenance agreement with the City, unless the Director of Public Works
determines that pervious pavers or turf blocks are not an acceptable material for the site
conditions. In such case, the applicant shall install a material that conforms to the Public
Works Department's standards.
8. TREE PLANTING
The applicant shall plant a minimum of (13) 24-inch box size trees onsite prior to final
occupancy in accordance with the recommendations in Arbor Resources arborist's report
dated February 11, 2010. The final tree species shall be approved by the Director of
Community Development prior to issuance of building permits.
The trees shall be double-staked with rubber tree ties (may not be necessary for multi-stem
trees) with no cross brace. All forms of irrigation shall be automatic drip or soaker hose
system placed on the soil surface and not in a sleeve.
Prior to installation, the trees shall be inspected and selected at the nursery by either the
project landscape architect or the City's consulting arborist for suitable structures and
acceptable lateral root growth.
9. TREE PROTECTION/TREE PROTECTION BOND
The applicant shall preserve and maintain the existing trees onsite according to Arbor
Resources arborist report's recommendations in sections 4.0, 5.1, and 5.2 dated February 11,
2010.
The applicant shall retain the City's consulting arborist to prepare two review letters to be
submitted to the Director of Community Development. The first letter sha11 confirm that all
tree protection measures are in place prior to building permit issuance. The second letter shall
indicate the implementation of the protection measures during construction and the overall
status of the trees prior to final occupancy.
A bond or other financial instrument in the amount of $10,000 shall be submitted to ensure
tree protection. The bond may be released following receipt of the aforementioned second
letter indicating that the trees have been adequately protected during development, and are
expected to survive.
10. TREE COVENANT
The property owner shall record a covenant on this property to inform future property
owners of the tree protection measures and requirements. The precise language will be subject
to approval by the Director of Community Development. Proof of recordation must be
submitted to the Community Development Department prior to final occupancy of the
residence.
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11. REMEDIATION MEASURES FOR TREE IMPACTS
Prior to issuance of building permits, the following shall be performed by an ISA-certified
arborist for the existing trees onsite; the results of which shall be provided in letter or report
form to the Director of Community Development:
a) Soil shall be manually cleared, using hand tools only, 12 to 24 inches from the root
collar of each inventoried Oak tree.
b) Soil fill shall also be removed to expose natural grade where within a minimum
distance from a tree's trunk of three times its diameter. This work shall also be
manually performed with care taken to avoid excavating into the natural grade.
c) Any root or other damage found that requires remediation shall be attended to.
d) Water shall be supplied to the root zones of the existing trees (as specified in section 5.2
of Arbor Resources arborist's report dated February 11, 2010) during the dry season.
12. DRIVEWAY CONSTRUCTION IN RELATION TO TREE#2
The following measures shall be taken to avoid potential impacts from the driveway on tree
#2,as identified on the landscape plan:
a) If necessary, a drystack retaining wall shall be established along the driveway's edge to
maintain fill away from the trunk.
b) The construction of the driveway shall not require digging into or the direct compaction
of previous natural grade (foot-tamping is acceptable). Tensar BX Geogrid could
potentially be used. The geogrid shall be established before demolition and remain in
place until the driveway is constructed.
c) The section of the driveway within 12 feet from tree #2's trunk shall be permeable,
including base materials.
13. TWO YEAR FOLLOW-UP VISIT BY ARBORIST
The property owner shall retain the City's consulting arborist to make a site visit two years
after the date of the aforementioned second arborist letter to further reevaluate the impacted
trees and assess the likelihood that they can perform for the long term.
14. UNDERGROUND UTILITY LINES IN RELATION TO TREE PROTECTION ZONES (TPZ)
Any new underground utility and service shall be established beyond a tree's tree protective
zone (TPZ). The TPZ shall be regarded as the unpaved ground (existing or approved for
construction)within a distance from its trunk (closest edge) of seven times its diameter.
Additionally, all existing, unused lines or pipes within a TPZ shall be abandoned and cut off
at existing soil grade.
15. MODIFICATIONS TO LANDSCAPING AND IRRIGATION PLANS
Any future proposals by the property owner to modify the approved landscaping and
irrigation plans shall be subject to the review and approval of the Director of Community
Development. The modified plans shall also be forwarded to the City's consulting arborist,
consulting engineering geologist,and the Santa Clara County Fire Department for review.
16. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture,
infiltration rate, pH, soluble salt content, percent organic matter, etc) and provide
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recommendations for amendments as appropriate to optimize the productivity and water
efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing the landscape
and irrigation design plans in a timely manner either before or during the design process. A
copy of the soils analysis report shall be submitted to the Director of Community
Development as part of the landscape documentation package.
17. TURF RESTRICTION
No turf shall be installed on the property. 'Turf' is generally defined as a ground cover surface
consisting of non-native grass species that is customarily mowed. Annual bluegrass,Kentucky
bluegrass, perennial ryegrass, red fescue, and tall fescue are examples of cool-season turf
grasses. Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass,
and buffalo grass are warm-season turf grasses.
18. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape professional after
the landscaping and irrigation system have been installed. The findings of the assessment
shall be consolidated into a landscape installation report.
The landscape installation report shall include,but is not limited to: inspection to confirm that
the landscaping and irrigation system are installed as specified in the landscape and irrigation
design plan, system tune-up, system test with distribution uniformity, reporting overspray or
run-off that causes overland flow,and preparation of an irrigation schedule.
The landscape installation report sha11 include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan
and complies with the criteria of the ordinance and the permit."
19. LANDSCAPE�VIAINTENANCE AGREEMENT
Prior to final inspections and final occupancy, the owner of the property shall enter into a
formal written landscape agreement with the City. The City sha11 record this agreement
against the property or properties involved with the County of Santa Clara Recorder's Office
and it shall be binding on all subsequent owners of the land served by the proposed
landscape.
The landscape maintenance agreement shall require that the installed landscape not be
modified and that maintenance activities not alter the level of water efficiency of the
landscape from its original design,unless approved by the City prior to the commencement of
the proposed modification or maintenance activity.
20. LANDSCAPE AND IRRIGATION MAINTENANCE
A maintenance schedule shall be established and submitted to the Director of Community
Development or his/her designee, either with the landscape application package, with the
landscape installation report,or any time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment
period and water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjustment and repair of the irrigation system; aerating and de-
thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed
plants;weeding;pest control; and removing obstructions to emission devices.
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c) Failed plants shall be replaced with the same or functionally equivalent plants that
may be size-adjusted as appropriate for the stage of growth of the overall installation.
Failing plants shall either be replaced or be revived through appropriate adjustments
in water, nutrients, pest control or other factors as recommended by a landscaping
professional.
21. CONSTRUCTION MANAGEMENT PLAN
The applicant/owner shall submit a construction management plan to the Director of
Community Development for review and approval prior to issuance of building permits or
the commencement of any grading activities. The Construction Management Plan shall
include, but not be limited to, the following measures to minimize impacts of construction
upon adjacent sensitive land uses:
a) Clearly delineate the limits of development and all slopes outside of the actual limits
of construction should remain in their natural condition and not used for staging
areas.
b) Discuss construction-staging methods. The construction of the parking area on the
north side of Mercedes Road should be considered for use as a primary staging area.
c) Demonstrate that emergency access along Mercedes road shall not be impeded at any
time.
d) Early and frequent notification and communication with the neighborhood of the
construction activities.
e) Prohibit unnecessary idling of internal combustion engines.
fl Designate a"noise disturbance coordinator" who would be responsible for responding
to any local complaints about construction noise.The disturbance coordinator would
determine the cause of the noise complaints (e.g.,beginning work too early,bad
muffler,etc.) and institute reasonable measures warranted to correct the problem. A
telephone number for the disturbance coordinator would be conspicuously posted at
the construction site.
g) The plan shall demonstrate that emergency access along Mercedes Road shall not be
impeded at any time.
h) The contractor shall use"new technology" power construction equipment with state-
of-the-art noise shielding and muffling devices. All internal combustion engines used
on the project site shall be equipped with adequate mufflers and shall be in good
mechanical condition to minimize noise created by faulty or poor maintained engines
or other components.
i) Locate stationary noise generating equipment as far as possible from sensitive
receptors,such as residential uses.
The applicant shall schedule a pre-construction meeting with the Planning Division, Building
Division, and Public Works Department, prior to commencement of any grading and/or
building activities, to discuss the construction management plan and conditions of approval
contained in this resolution.
22. GRADING AND CONSTRUCTION HOURS
All grading activities shall be limited to the dry season (April 15 to October 15). Grading
hours shall be limited to Monday through Friday, 7 a.m. to 8 p.m. Grading, street
construction, demolition or underground utility work shall not occur on Saturdays, Sundays
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and holidays, and during the nighttime period as defined in Section 10.48.053(b) of the
Municipal Code. Construction activities sha11 be limited to Monday through Friday, 7 a.m. to
8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on
holidays. The developer shall be responsible for educating all contractors and subcontractors
of said construction restrictions. Rules and regulation pertaining to all construction activities
and limitations identified in this permit, along with the name and telephone number of a
developer appointed disturbance coordinator, shall be posted in a prominent location at the
entrance to the job site.
23. CONSTRUCTION PRACTICES
A garbage/debris container shall be placed on the site to store debris and the project site shall
be cleared of debris at the end of every day during project construction. The container shall
be emptied regularly such that no garbage is visible over the rim of the container. Only one
portable toilet shall be permitted on the construction site. The portable toilet shall be placed
on the project site and in the least visible location from Mercedes Road, subject to review by
the Building Official. The portable toilet shall be allowed only during the period of project
construction and shall be removed immediately after completion of construction.
24. DUST CONTROL
The following construction practices shall be implemented during all phases of construction
for the proposed project to prevent visible dust emissions from leaving the site:
a) Water all active construction areas at least twice daily and more often during windy
periods to prevent visible dust from leaving the site;active areas adjacent to windy
periods; active areas adjacent to existing land uses shall be kept damp at all times,or
shall be treated with non-toxic stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand,and other loose materials or require all trucks to
maintain at least 2 feet of freeboard;
c) Pave,apply water at least three times daily,or apply (non-toxic) soil stabilizers on all
unpaved access roads,parking areas and staging areas at construction sites.
d) Sweep streets daily,or more often if necessary (preferably with water sweepers) if
visible soil material is carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best management practices into
the building permit plan set.
25. CONFIRMATION OF PROPERTY LINE SURVEY
A licensed civil engineer shall confirm the location of property lines prior to issuance of
building permits.
26. RECORDATION OF CONDITIONS OF APPROVAL
The conditions of approval for the project shall be recorded prior to final occupancy in order
to alert future property owners to the limitations of the site.
27. 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
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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
28. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer. The applicant shall
construct a 20-foot wide street section from property line out towards the street per City
Standards and Specifications.
29. 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.
30. 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.
31. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
32. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
33. 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.
34. 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.
Provide a grading plan on a topographic survey that shows existing and proposed wall
heights, drainage improvements, grading contours, spot elevations, finished floor elevations,
slopes and earthwork quantities.
Provide structural details and calculations for all new walls and/or any walls that do not have
inspections.
The developer shall not perform any grading/excavation unless the Public Works
Department has approved an Erosion and Sediment Control Plan along with a Grading Plan.
A work schedule shall be provided to the City prior to receiving a grading permit. Site
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grading is not permitted between October 15 and Apri115, unless authorized by the Director
of Public Works.
The applicant's grading plan and geotechnical report shall address the retaining of the hillside
to prevent the deposit of material onto the edge of the street.
35. DRAINAGE
Development shall be served by on site storm drainage facilities connected to the City storm
drainage system.
The developer shall provide hydraulic storm water calculations for the project. The developer
will be required to construct adequate storm drainage facilities to retain the difference
between the calculated pre-and post-construction runoff(for a 10-year storm). The storm
facilities must also direct storm water flows to the public storm drainage system.
Since a portion of the storm drain system will be within the City's Right of Way, the design
must be constructed per City Standards. The applicant shall attain a storm drain easement
from the neighboring property prior to issuance of a Grading Permit.
36. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
37. 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.
38. 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 sha11 be executed prior to issuance of construction permits.
Fees:
a.Checking&Inspection Fees: $5% of Site Improvement Cost or $2,468.00 minimum
b. Grading Permit: $6% of Site Improvement Cost or$2,217.00 minimum
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: N/A-Paid 9/20/03
e. Power Cost: N/A
f. Map Checking Fees: N/A
g. Park Fees: N/A-Paid 9/26/03
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor&Material Bond: 100% of Off-site and On-site Improvements
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
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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.
39. 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.
40. 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 for water service to the subject
development.
41. 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.
42. ADDITIONAL REQUIREMENTS
a) Provide a letter from both a Licensed Structural Engineer and a Licensed Geotechnical
Engineer stating that all of the existing retaining walls have been constructed to
withstand the anticipated loads,or provide plans that acceptably incorporate or
remove the existing walls. Currently, it appears that the south side (upper) retaining
walls are the only walls that have been inspected and approved.
b) All of the necessary fees and bonds will need to be provided to the City. The full
amount of these fees will be calculated when construction plans and a schedule of
anticipated costs have been provided.
c) Additional items may be requested during review of construction drawings.
PASSED AND ADOPTED this 14� day of September 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy,Vice Chair Lee,Kaneda, Miller
NOES: COMMISSIONERS: Giefer
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:�
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Aarti Shrivastava Paul Brophy,Cha,i
Director of Community Development Planning Commis�s n