Reso 6624 EXG2010-12
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6624
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION FOR A NEW 5,655 SQUARE FOOT RESIDENCE ON A SLOPE
GREATER THAN 30% AND A REAR SECOND STORY SETBACK OF 20 FEET WHERE 25 FEET IS
REQUIRED AT 21750 RAINBOW DRIVE
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2010-12 (EA-2010-05)
Applicant: Daryl Harris (Steakley residence)
Location: 21750 Rainbow Drive,APN 366-03-064
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Comnussion 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 Planrung 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.
8. The proposed development consists of structures incorporating designs,
colors, materials, and outdoor lighting which blend with the natural hillside environment and
which are designed in such a manner as to reduce the effective visible mass, including
building height, as much as possible without creating other negative environmental impacts.
Resolution No. 6624 EXG2010-12 March 22, 2011
Page 2
-------------------------------------------------------------------
-------------------------------------------------------------------
9. The proposed development is located on the parcel as far as possible from public open space
preserves or parks (if visible therefrom), riparian corridors, and wildlife habitats unless such
location will create other, more negative environmental impacts.
10. The proposed development is otherwise consistent with the City's General Plan and with the
purposes of this chapter as described in Section 19.40.010.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, Environmental Review Conunittee 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 with a mitigation monitoring report (file no. EA-2010-05) and application
no. EXC-2010-12 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-2010-12, as set forth in the
Minutes of the Planning Commission Meeting of March 22, 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: "A PROPOSED RESIDENCE FOR MR. & MRS. BRUCE
STEAKLEY, 21750 RAINBOW DRIVE, PARCEL #2 CUPERTINO, CALIFORNIA" dated March
2011 and December 2010 and consisting of 13 sheets labeled A1.1, A1 through A8, C1 through C4
except as may be amended by this resolution.
2. GEOTECHNICAL REVIEW
Prior to building permit approval, the applicant shall comply with the recommendations outlined
in the Cotton Shires & Associates, Inc. Geologic Peer Review Letter dated February 16, 2011 and
pertaining to the proposed development.
3. FINAL BUILDING AND LANDSCAPE REVIEW
Final building colors, any exterior lighting and landscaping details shall be submitted with the building
permit plan set and reviewed and approved by the Director of Community Development in conformance
with RHS standards.
4. PLAN MODIFICATIONS
Interior garage wall shall be modified to allow accessibility by two vehicles.
5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest within this 90-day period complying with all of the requirements of
Section 66020,you will be legally barred from later challenging such exactions.
2
Resolution No. 6624 EXC-2010-12 March 22, 2011
Page 3
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
6. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
7. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer.
8. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as to preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted by the zone in which the
site is located.
9. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
10. 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.
11. 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 storm water flows (as needed),bio-retention
basins,vegetated swales, and hydrodynamic separators to reduce the amount of runoff of the site
and improve water quality. The storm drain system shall be designed to detain water on-site
(e.g.,via buried pipes or other approved appurtenances) as necessary to avoid an increase in run-
off from the property to the satisfaction of the City Engineer.
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 grounding of utilities. Said agreement shall be
executed prior to issuance of construction permits
Fees:
a. Checking& Inspection Fees: $Per current fee schedule
3
Resolution No. 6624 EXC-2010-12 March 22, 2011
Page 4
-------------------------------------------------------------------
-------------------------------------------------------------------
b. Grading Permit: $Per current fee schedule
c. Development Maintenance Deposit: $2,000.00
d. Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: $Per current fee schedule
g. Park Fees: $Per current fee schedule
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.
14. 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.
15. 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.
16. 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.
17. NPDES CONSTRUCTION GENERAL PERMIT
For projects disturbing one (1) acre or more, the developer must obtain a Notice of Intent (NOI)
from the State Water Resources Control Board,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.
18. 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.
4
Resolution No. 6624 EXC-2010-12 March 22, 2011
Page 5
-------------------------------------------------------------------
-------------------------------------------------------------------
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.
All storm water management plans are required to obtain certification from a City approved
third party reviewer.
19. 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.
20. 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.
21. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
22. TRASH COLLECTION
The owner shall subscribe to and pay for at least the minimum level of garbage collection service
made available to that premises by the garbage collector, as required,
23. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
24. 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.
25. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
26. SANTA CLARA WATER DISTRICT CLEARANCE
Provide Santa Clara water district approval before recordation of the final map. The developer
shall pay for and obtain Water District permit for activities or modifications within the Dishict
easement or fee right of way or affecting District facilities.
27. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
28. 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.
5
Resolution No. 6624 EXC-2010-12 March 22, 2011
Page 6
-------------------------------------------------------------------
-------------------------------------------------------------------
29. 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.
30. SAN TOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval before recordation of the final map.
31. STREAMSIDE MODIFICATION PERMIT
The developer must obtain a streamside modification permit, and provide all required data and
forms prior to issuance of a building permit for the project.
PASSED AND ADOPTED this 22nd day of March 2011, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee,Vice Chair Miller,Brophy,Sun, Brownley
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
,
• - r-�
Aarti Shrivastava Winnie Lee,Ch
Director of Community Development Planning Commissio
G:�Plaruring�PDREPORT�RES�EXG2010-12res.doc
6