Reso 6704 EXC-2011-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6704
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF A
NEW 4,478 SQUARE FOOT SINGLE FAMILY RESIDENCE WITH AN APPROXIMATELY
840 SQAURE FOOT BASEMENT ON SLOPES GREATER THAN 30% ON A VACANT
LOT LOCATED AT 21740 RAINBOW DRIVE
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2011-11 (EA-2011-17)
Applicant: Barre Barnes (Holiday Drive, LLC)
Location: 21740 Rainbow Drive. APN#366-03-063
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Coinmission 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 Com�ussion 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.6704 EXC-2011-11 June 12,2012
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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 Committee recommendation,
maps, facts, exhibits, testimony and other evidence submitted in this matter, the Coinmission 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-2011-17) and application
no. EXC-2011-11 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-2011-11, as set forth in the
Minutes of the Planning Coininission Meeting of June 12,2012 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: "21740 Rainbow Drive/Single Family Residence-New
Construction/21740 Rainbow Drive, Cupertino,California" dated October 25. 2011, and consisting of
11 sheets labeled A000, A00 through A09 and an Engineering plan set prepared by Nordic
Engineering, Inc. titled: "21740 Rainbow Drive/Cupertino, California" dated October 2011 consisting
of 4 sheets labeled 1 through 4, except as may be amended by the conditions contained in this
resolution.
2. EXTERIOR BUILDING MATERIALS/TREATMENTS, LANDSCAPING
Final building exterior treatment plan (including but not limited to details on exterior color, material,
architectural treatments and/or embellishments, lighting, retaining walls and landscaping) shall be
reviewed and approved by the Director of Community Development prior to issuance of building
permits for compliance to RHS zoning and other relevant regulations. Any exterior changes
determined to be substantial by the Director of Community Development shall require a
modification approval with neighborhood input.
3. 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.
4. GENERAL PLAN DEVELOPMENT ALLOCATION
The applicant's project is granted a General Plan Development Allocation of one dwelling unit from
the Other Residential Neighborhoods allocation pool.
Resolution No.6704 EXG2011-11 June 12,2012
5. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall determine in consultation with staff whether
a full landscape project submittal per section 14.15.040 of the Landscaping Ordinance is warranted.
The Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation
Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of
the Director of Community Development prior to issuance of building permits.
6. LANDSCAPE INSTALLATION REPORT
In conjunction with any required landscape project submittal, 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 shall include the following statement: The landscape and
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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."
7. LANDSCAPE AND IRRIGATION MAINTENANCE
In conjunction with any required landscape project submittal, 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.
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.
8. ATTACHED DECK
The proposed ground level deck shall be constructed from fire resistant materials (i.e., alternative fire
rated materials as determined to be appropriate by the Santa Clara County Fire Department or non-
combustible material such as metal).
9. PERMIT EXPIRATION
The subject hillside exception approval shall expire two (2) years from the date of approval if not
used.
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.
Resolution No.6'704 EXC-2011-11 June 12,2012
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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.
The developer will be required to provide both a geotechnical recommendations as well as structural
design and calculations for any retaining greater than 4-feet in height from the bottom of the
foundation to the top of the wall. Review of these documents will be performed by the City's third
party reviewers, and the developer will be required to post deposits with the Public Works
Department prior to review and approval of retaining wall designs.
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 systems 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%)
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $TBD
Resolution No.6704 EXC-2011-11 June 12,2012
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.
18. C.3 RE UIREMENTS
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.
All storm water management plans are required to obtain certification from a City approved third
party reviewer.
Resolution No.6704 EXC-2011-11 June 12,2012
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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 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.
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 to the satisfaction of the City Engineer
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 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.
27. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
28. SAN TOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval before issuance of a building permit approval.
29. 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.
30. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
31. 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.
Resolution No.6704 EXC-2011-11 June 12,2012
PASSED AND ADOPTED this 12th day of June 2012, at a Regular Meeting of the Planning Coirunission
of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Vice Chair Sun, Lee, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Brophy
ATTEST: APPROVED:
7 � � -
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Gary Chao, City Planner Marty i r Chair
Community Development Department Planning Co �ssion
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