Desk Item Colin Jung ���..P�l21 �
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From: Tina Hugg [thugg@openspace.org] �
Sent: Tuesday, June 12, 2012 9:36 AM � ��� �G
To: Colin Jung; Zachary Alexander; Ana Ruiz
Cc: Gary Chao; Aarti Shrivastava
Subject: RE: 21740 Rainbow Drive Comment Letter
Colin:
Both Zach and Ana are currently unavailable this morning to reply to your email. We wanted to thank you for your quick
response to our call yesterday. We looked over City staff's proposed actions for tonight's Planning Commission, listed
below, and concur with them. We appreciate the City taking into consideration and responding to our comments and
concerns.
Best regards,
Tina Hugg
Tina Hugg, C}pen Space Planner
thu��@openspace.or�
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������� Midpeninsula Regional Open Space Distriet
330 Distel Circle, Los Altas,CA 94022
� ' P: (650) 691-1200- F: (650) 691-0485
' � www.openspace.or� � twitter: mrosd
From: Colin Jung [mailto:ColinJCa�cu�ertino.org]
Sent: Monday, June 11, 2012 5:34 PM
To: Zachary Alexander; Ana Ruiz; Tina Hugg
Cc: Gary Chao; Aarti Shrivastava
Subject: FW: 21740 Rainbow Drive Comment Letter
Zachary&Ana:
Thank you for your comment letter. I did not receive it in time to include it with the City staff report, but it will be
forwarded to the Planning Commission prior to the hearing.
Based on your previous verbal comments and written comments,we plan on tal<ing the following actions:
Setback Variance: Cupertino Staff has already recommended that the Planning Commission deny the variance request
and the applicant is agreeable to staff's recommendation. Decks are accessory structures and have smaller standard
property line setbacks than the residence. The minimum deck setback is 10 feet, which the applicant plans to adhere to
in his building plans. In addition to the setback, staff has conditioned the project to require that the deck be
canstructed of fire-resistive or fire-proof building materials with the approval of the City's fire protection agency,the
Santa Clara County Fire Department.
Aesthetics &Open Space: We have examined the location of Fremont Older trails and vista paint (Rainbow Knoll) and
only the rear, upper reach of the applicant's property should be visible to the trail. The rear portion of the property is
not being develaped in residential uses, nar is the applicant creating access to the rear of the his lot. Exterior building
1
colors in earth or vegetative tones, use of native landscaping, and avoiding highly reflective painted surfaces are already
features of the hillside zoning district that is part of this property and will be incorporated into the project.
Vegetation Removal: Two protected oaks in the footprint af the house and deck are proposed far remaval and are
undergoing a separate and cancurrent review. Replacement Daks are being required at the City's replacement ratio,
with the locatians to be determined at a later date. We can certainly recommend to the Commission that any removed
oaks be dispased of in a manner that avoids the potential spread af SODS. Please note that our arborist report did not
reveal any evidence of SODS among the trees studied, but we are not experts in this area.
As stated before, we believe the proposed location of the house, its height and mass will not be visible to users of the
Rainbow Knoll Trail as the house is situated at least 100 feet dawnslope of the trail with intervening groves of trees. We
are certainly amendable to requiring replacement trees to be planted in areas perceived to be visible from utilized
MROSD lands. Please note that the City's Arborist is already on record for this project not favoring cultivated landscape
areas that will degrade the existing natural vegetation.
I think we have addressed your concerns satisfactorily. If not, feel free to call me in advance at 408-777-3257.
Colin Jung
Senior Planner
City of Cupertino
From: Zachary Alexander [mailto:zalexander@openspace.org]
Sent: Thursday, June 07, 2012 4:36 PM
To: Colin Jung
Cc: City of Cupertino Planning Dept.
Subject: 21740 Rainbow Drive Comment Letter
Hello Colin,
Please see attached for the Districts comments regarding the proposed residential development at 21740 Rainbow
Drive.
Thank you,
Zach
Zachary Alexander
Planner II
za lexa nder@openspace.org
Midpeninsula Regional Open Space District
� ' 330 Distel Circle, Los Altos, CA 94022
• � P: (65Q) 691-1200 - F: (650) 691-0485
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June 7, 2012
PG
Colin Jung
Senior Planner
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
Re: 21740 Rainbow Drive Residential Plans
Dear Colin Jung,
On behalf of Midpeninsula Regional Open Space District (District), I would like to submit the following
comments regarding the residential development project proposed at 21740 Rainbow Drive, adjacent to
Fremont Older Open Space Preserve.
The District owns and manages approximately 60,000 acres of open space land on the San Francisco Bay
Peninsula, including Fremont Older Open Space Preserve, which is located within 300 feet east of the
proposed project site. The District's mission is:
To acquire and preserve a regional greenbelt of open space land in perpetuity;protect
and restore the natural environment; and provide opportunities for ecologically sensitive
public enjoyment and education.
Given this mission, the District has the following concerns:
Setback Variance
Variances are subject to the California Environmental Quality Act (CEQA, Public Resources Code Section
21000, et seq.), and are categorically exempt from environmental review on properties with an average
slope of less and 20% (Section 15305 of the state CEQA GuidelinesJ. The average slope of the subject
property is 30%, which excludes the proposed setback variance from being classified as categorically
exempt. Based on these findings, the City of Cupertino needs to develop a negative declaration, or an
environmental impact report to detail the potential impacts of the proposed project, and means to
avoid or lessen those impacts. The allowance of a variance to remove the rear-yard setback
development regulation for the proposed property eliminates the defensible space within the property
and transfers the burden of developing and maintaining a defensible space for fire protection purposes
on District lands, creating a long-term maintenance issue on District Property.
The District has created a Defensible Space Program to work with neighboring property owners with
defensible space needs of existing development that overlaps with District land. It is unreasonable for
the City to require defensible space on District lands as a result of a variance for a development project
that does not meet minimum development setbacks. The affected lands at Fremont Older are
permanently Dedicated Open Space Lands under Section 65560 for their public benefits including their
natural resource values. Vegetation clearing to accommodate defensible space would significantly
impact these values.
Under Section 19.40.060,Table C of the City of Cupertino's Building Development Regulations for RHS
zoned properties, the required first floor rear-yard setback is 20 feet, and 25 feet for a second story.
The current plans call for a 13-8 3/8 foot first floor setback, and a 16-6 7/8 foot second story setback.
The District is concerned about the close proximity of the house and connected deck, which abuts the
property line, to Fremont Older Open Space Preserve because of fire safety, noise, and privacy issues.
The proposed house and deck are approximately 150 feet down-elevation from the Rainbow Knoll Trail.
The proximity and design of the proposed structure may allow for trail users to see within the structure,
potentially causing a privacy concern for the home owner. The proximity of the proposed structure may
also lead to noise and light pollution on District property.
In light of these issues,the District does not believe that the City can make the necessary findings in
support of the setback variance to accommodate the proposed development and request that the
development adhere to the City's standard setbacks for the parcel zoning. If the variance is approved,
the District is interested in appealing the decision.
Aesthetics and Open Space
Given that the property is visible from the Rainbow Knoll Trail within the Fremont Older Open Space
Preserve, the proposed residential development may potentially impact visual resources as seen from
the Preserve by recreational users. The selection of exterior color schemes, materials, and landscaping
elements for the proposed residential development should reflect the natural surroundings of the area.
Earth tone exterior colors and the use of native vegetation are preferred, and highly reflective surfaces
should be avoided.
Vegetation Removal
Although the plans do not specify if or how many trees will be removed from the property during the
construction process, trees planned on being removed should be evaluated to determine if the tree
qualifies as a heritage oak before it is potentially removed. Steps should be taken to ensure that the
existing heritage oak trees that are not scheduled for removal be protected from potential impacts
associated with construction activities on the project site. Trees that are removed or negatively
impacted during the construction process should be replaced at the recommended replacement ratio.
Though it is not known if the trees or vegetation on the site are hosts or carriers of known plant
diseases, attention is needed during the removal process to reduce the potential risk to the surrounding
environment. In order to minimize the potential spread of Sudden Oak Death Syndrome (SODS) and
other pathogens during the removal process of vegetation from the project site, all vegetative material
approved for removal should be transported to an approved waste disposal site within the same County.
SODS materials cannot be moved outside of regulated areas without a Compliance Agreement from the
appropriate County Agricultural Commissioner. All vegetation removal should follow the "Sanitation
Methods to Avoid Pathogen Spread" adopted by the California Oak Mortality Task Force, available on
the internet at http://nature.berkelev.edu/comtf/html/sanitation reducing spread.html
Vegetation Screening
The District recommends the planting of native vegetation in the area surrounding the proposed
residence to screen views of the home from visitors hiking in the adjacent Preserve. New vegetation for
screening purposes should be located in the south-east area of the property, where it would screen the
views of hikers on the Rainbow Knoll Trail. Because of the close proximity of the project site to
surrounding open space lands, new vegetation should be carefully selected, ensuring that the species
are locally native and pose minimal fire hazard. The District further recommends that any new plantings
be arranged in a natural and clustered arrangement to prevent a "manicured" and unnatural look that is
characteristic of linear row plantings.
We appreciate the opportunity to comment on the proposed development. Should you have any
questions, please feel free to contact Zachary Alexander at (650) 691-1200, or
zalexander@openspace.org
Sincerely,
Ana Ruiz, AICP
Planning Manager
Midpeninsula Regional Open Space District
cc: MROSD Board of Directors