Reso 6768 EXG2014=09'
. CITY OF CUPERTINO '
' ' 10300 Torre Avenue `
� Cupertino, California 95014
- RESOLUTION NO. 6768
OF THE PLANNING COlVIlVIISSION OF THE CITY OF CUPERTIlVO
APPROVING A HILLSIDE EXCEPTIOIV TO A�LOW THE COlVSTRiJCTION OF A
NEW 5�213 SQUARE FOOT SINGLE FAlVIILY RESIDEIVCE`WITH A 1,412 SQUARE
FOOT BASElVIENT ON SLOPES GREATER�THAN 30%AT 21730 RAIIVBOW'DR1VE
SECTION L• PROTECT DESCRIPTION
Applicatiori..No:: EXG-2014-09 (EA-2014-07) -
Applicant: , Daryl Harris
Location: 21730 Rainbow Drive, APN#366-37=007
SECTION II:: FINDINGS.FOR EXCEPTION
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WHEREAS, tlie Planning Coirunission of the City of Gupertino received an application for a Hillside
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Exception, as described on.Section II of this Resolution; arid' '
WHEREAS, :t11e necessary notiees have been given in'a�ccordance'witK the Procedural brdiriance of the
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� City'of''Cupertino,`and'the PTa��u-tiilg Commission has lield'one or more Public Hearings on this matter;
and
WHEREAS,:the applicant has met the burden of proof required to support fhis application, and has
satisfied tYie'followirig requirements: '
1 �The proposed development will not be injurious�to.propert,y or improvements in the area nor
be detrimental to.;the public health and safety. The development will comply, with planning,
building,public works and fire department regulations to protectpublic health and safety:
2. The proposed development will not create a hazardous condition for pedestrian or vehicular
` traffic. The development is 'setback' froin the cornxrion driveway and 'does not create a
hazardous condition for pedestrian or velvcles:
=3. The proposed development has legal access to'public streets.and public services are.available
to serve the development. The residence will have access to Rainbow Drive and all utilities
are located in the abutting driveway.
4. The proposed development requires'an exception; which involves t.Yie least modification'of, or
deviation from, the development regulations prescribed in this chapter necessary to_
accomplish a reasonable use of the parcel� ;The exception for development on slopes greater
_ than 30% is the only exception reqwred.;�The development otherwise meets.all other RHS
deVelopment standards. , �
5. All alternative locations for development on the parcel,have been considered and haye been
� found to create greater environmental impacts than the location of the proposed development
which is located in the middle of the lot that avoids encroaching on a prominent ridgeline and
Resolution No.6768 EXC-2014-09 November 25,2014
minimizes the number of oaks that must be removed. Other driveway alignments will cause
more grading and need retaining walls. A�
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. Geologic studies demonstrate the lack of
unmitigable geologic hazards.
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. Proposed grading will minimize visible retaining walls
and drainage plans will minimize the introduction of storm flows into steep,hillside soils.
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. Grading design
will minimize visible retaining walls. Building materials and colors will meet RHS design
standards.
9. T'he 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. The proposed residence
will not be visible from the nearby public open space preserve.
10. T'he 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. The development is consistent
with the RHS zoning ordinance which implements the General Plan's hillside protection �
policies.
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 with a mitigation monitoring report (file no. EA-2014-07) and application
no. EXC-2014-09 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-2014-09, as set forth in the
Minutes of the Planning Commission Meeting of November 25, 2014 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:/ JONATHAN YAO &
CATHY LI/21730 RAINBOW DRIVE CUPERTTNO, CALIFORNIA" dated July 2014, and consisting
of 16 sheets labeled A1 through A9, C.0 and C-1 through C-6 except as may be amended by the
conditions contained in this resolution.
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Resolution No,6768 EXC-2014-09 November 25,2014
2. EXTERIOR BUILDING 1VIATERIALS/TREATIVIENTS,LANDSCAPING
Final.building exterior treatment plan(iticluding but nof limited to details on exterior color, material,
O � architectural treatments andJor-embellishments, lighting, retaining walls and landscaping) shall be
reviewed and approved by the Director of Communifiy Development,prior to issuance of building
, permits.;for compliance to IZHS zoning and' other relevant regulations. Any exferior chariges
determined to be substantial by ;the Director of Community Development shall require a
modification approval with neighborhood input: , -
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'3: NOTICE OF FEES DEDICATIOIVS� RESERUATIONS OR OTHER EXAGTIOIVS
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The. Conditions of; Project Approval set forth herein may include certain fees, , dedication
; requirernents, reservation;requirements,.and other exactions...Puxsuant to GoVernment Code�Section
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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'
otYier exaction's; pursuant! to Governrnent.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: GE'NERAL PLAlV DEVELOPMElVT ALLOCATION�
> T�ie applicant's project is granted-a Gerieral�Plan Developxnenf Allocation of one dtvellirig ianit"from
' the'Ot1-ier Residential Neighborhoods allocatiori pool:
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5. LANDSCAPE PROJECT SUBMITTAL � �,:,. ,
OPrior to issuaiice of building perinits, the apphcant shall determine in consultation with staff whether
a full laridscape project submittal per section 1415 04Q of the Landscaping Ordinance is warranted.
The Water-Efficient Design Checklist (Appendix .A of Chapter 14.15), Landscape and` Irrigation_
Design Plans, 'ancl Water Budget Calculations shall%b.e:re�iewed and approved to the satisfaction of
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the Director of Community Development.prior�to issuance of;building permits. ,
6. LAlVDSCAPE INSTALLATION REPORT
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: 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 systein;have
been installed. The findings of the assessment shall be consolidated into a landscape installation
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report. , '
The landscape iristallation 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 uni.formity, reporting overspray or run-off that
causes overland flow, and preparat�on of an irrigation schedule. ' � '
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` The landscape installation report shall �include the following; statement: "The landscape and
irrigation system have been installed' as "specified in:the landscape� and irrigation'design plari and
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eomplies with fhe criteria of the ordinance and the permit."
: 7. LANDSCAPE AND IRRIGATION MAINTENAIVCE ,
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, .In ;conjunction with any required landscape.pro�ect submittal, a maintenance schedule. shall be
established and submitted to-the Director of,Commuriity Development or his/her designee, either
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Resolution No.6768 EXC-2014-09 November 25,2014
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. PERMIT EXPIRATION
The subject hillside exception approval shall expire two (2) years from the date of approval if not
used.
9. ACCURACY OF PROJECT PLANS
T'he 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,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
10. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
Prior to commencement of construction activities, the applicant shall arrange for a pre-construction �
meeting with the pertinent departments (Building, Planning, and Public Works) to review the
prepared construction management plan, to ensure that construction complies with the conditions of
approval, staging of construction equipment is appropriate, tree protection measures are in place,
public access routes are defined,and noise and dust control measures are established.
11. BUILDING PERMIT SUBMITTAL REQUIREMENT
Applicant shall submit an annotated response to all of these conditions of approval with his building
permit submittal.
12. GEOTECHNICAL REVIEW
Prior to building permit approval, the applicant shall comply with the recommendations outlined in
the Cotton Shires & Associates, Inc. Geologic and Geotechnical Peer Review Letter dated August 8,
2014 and pertaining to the proposed development.
13. LANDSCAPE PLAN
As part of the building permit submittal the applicant shall prepare a landscape plan that screens
visible retaining walls and grading scars from public street views. The screening shall be
accomplished through a combination of trees, shrubs and vines and pigmented concrete matched to
the surrounding soils to the satisfaction of the Director of Community Development.
14. GRADING
Applicant shall strive to reduce the extent and quantity of grading. City staff shall work with the �
applicant and the Santa Clara County Fire Department to determine if the Fire Department
requirement for an onsite fire truck turnaround can be eliminated in order to reduce grading.
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Resolution No.6768` EXG2014-09 November 25,2014
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SECTION N: GONDITIONS ADIVIINIST.ERED BY THE PUBLIC`WbRKS DEPARTNTEN'T
O 15. GRADING PLAN
, ' Coriceptual Grading and Drainage plans will need to be modified at the Building Permit stage to
' satisfy Public Works`preliminary comments regarding proposed storm.dr:ain systems.
Grading shall be as,approved and required by the City.Engineer in accordance with Chapter.16.08,of
the Cupertino 1Vlunicipal;Code. 401 Certifications and 404 perrnits maybe required. Please contact ,'
Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate.
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16. DRAINAGE ; , �
The proposed infiltration system shown on sheet C-3 is not recommended for hillside projects unless.
the project geotechnical engineer provides a stamped and signed report with recommendations for
insfallation; and the City's geotechnical engineer reviews�and approves the recommendations. 'The
i report must include an evaluation of the existing soils,and the proposed device with
recommendations,'and.letter stating that.the Civil Plans have been reviewed and are consistent with
their recommendations. Consider an alternative retention system with facilities that meter storm
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runoff to`a level corisistent with the pre-projeet condition.�'Storm:drainage-lines and other
' constructed drainage features shall be'sited to avoid crossin�the��dri�lines of the protected
�oak trees.
Drainage,shallbe provided to the satisfaction of-the City_Engineer. Hydrology andpre-and post-
developrnent hydraulic calculations must be provided to indicate whether additional�storrri water
control measures are to be constructed or renovated.
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�17 BEST lUTANAGEIVIENT�PRACTICES= °
Utilize'Best"NTanagement Practices:(B1VII's), as required.by the State Water Resources Control Board,
� for"construction activity, which disturbs soil. BMP plans:shall;be included;in grading ancl street
iinprovement plans.
�� � � 18�. EROSI0IV�CONTROL PLAN� �� � � � � � � � -� �� � �
DeVeloper shall provide an approved erosion confrol plan by a Registered Civil Engineer. This plan
should-include all erosion control measures useci to retain materials on site. Erosion control notes
shall be stated on the plans. .
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19. UNF�ERGROLJND:UTILITIES -
Developer shall coniply with the requirements of the Underground Utilities Ordinance No.331 and
otlier related�Ordinances and regulations of the Gity of Cupertino, and shall coordinate with affected
utility providers for installation of underground utility� devices. Developer shall submit detailed
plans,showing utility underground provisions. Said plans shall be subject tb prior approval 'of the
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affected Utility provid'er and thc�City Engineer. �' �
20, ABOVE GROLJND EQUII'MENT ENCLOSURES
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground
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vaults. `The developer must receive written approval'fr`om both the Public Works Department and
� the Community Development Department prior to installation of any above ground equipment.
Should aboye ground equipment be permitted` by the City, equipment and enclosures shall be
screened with fencing and landscaping such that said equipment is not visible from public street
Resolution No.6768 EXC-2014-09 November 25,2014
areas, as determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area. ;�
21. 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($2,788.00 or 6%)
b. Grading Permit: $Per current fee schedule ($2,618.00 or 6%)
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $TBD
e. Power Cost: **
f. Park Fees: $Per current fee schedule($28,875)
** 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.
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
Developer shall enter into an Operations&Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for any non-standard
appurtenances in the public right-of-way that may include,but is not limited to, sidewalk, pavers,
and street lights.
24. REFUSE TRUCK ACCESS
Developer must obtain clearance from the Environmental Programs Manager in regards to refuse
truck access for the proposed development.
25. FIRE PROTECTION
Fire sprinklers shall be installed in any new building construction to the approval of the City.
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Resolution No.6768 ' EXC-2014-09 November 25,2014
26. SANTA CLARA COUNTY FIRE<DEPARTNlENT ;
� A letter of clearance-for the project shall be obtained from'the Santa Clara County Fire Department
prior to issuance of building permits. Clearance should,include written approval of the location of�
any proposed Wafer Baekflow Preventers, Fire Dep'artment Connections and Fire Hydrants (typically
' Backflow Preventers should be located on privafe property adjacent to the public righfi of way; and
fire department connections must be located within 100' of<a Fire Hydrant).
27. FIRE HYDRA NT _. _ I
Fire hydrants' shall be located as required,by the.City:and Sanfa Clara County Fire Department as �
�needed. , : . . - ;
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28. SAN TOSE WATER COMPANY CLEARANCE ` � I
Provide San Jose Water Service Company.approval.for. water connection, service capabil�ty;and
locat�on and la ou
' ' y f'"of water lines and backflow preventers before issuance of a building permit
. approval. . ; , '
29: DED,ICATION OF WATERLINES
DeVeloper shall dedicate to tYie City all waterlines and appurtenanees installed to City Standards and
shail reacli-an'agreement with San;Jose Water Services Company for water service to the subject
development. `
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30. D,EDICATION OF UNDERGROUND WATER RIGHTS: , , _ :
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Developer shall "quit claim"'to the City all.rights to pump; take or otherwise extract water from the
underground basin or any underground strata in the Santa Clara Valley. '
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31.�SANITARY.DIS'I'RICT
A letter of clearance`for the project shall be obtained from the:Cupertino Sanitary District prior to
issuance,of building permits. .
32. UTILIT'Y EASEMENTS ': ,
Clearance approvals frorn the agencies with easements on the property(including PG&E,AT&T; and
California Water'Company, and/or equivalent agencies)wi11 lie required prior to issuance of :
building perxnits.
33..NPDES COlVSTRUCTION GENERAL PERMIT '
When and whe"re it'is required by the Stafe Water Resources Control Board(SWRCB), tlie
developer must obtain a Notice of Iritenf(NOI) from the SWRCB,'which encompasses preparation
of a Storrn tiVater Pollixtion Prevention Plan{SWI'PP),use of construction Besf 1Vlanagement � '
Practices�(B1VIPs) to control storm water runoff quality,and BMP inspection and maintenance. =
34. C.3 REQLTIREMENTS :, -
Complete a Projecf Impervious Surface Data and LID Feasibility Form.
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
miniinum of 4% of developable surface area for the placement of low impact development measures,
� for storrn water treatment, on the tentative rnap,unless an alternative storm water treatment plan,
that satisfies C.3 requirements,is approved by the City Engineer.
Resolution No.6768 EXC-2014-09 November 25,2014
The developer must include the use and maintenance of site design, source control and storm water
treatrnent 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.
35. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be
placed away from the public right of way and site driveways to a location approved by the
Cupertino Planning Department,Santa Clara County Fire Department and the water company.
36. EXCHANGE OF PEDESTRIAN EASEMENT AREAS
Prior to building permit approval, the applicant shall apply to the City for a summary vacation of
the 20-foot wide Pedestrian and Equestrian Easement("P.E.E".) along the front of the property. In
exchange for this summary vacation of easement, the property owner has agreed to and shall
simultaneously dedicate a new 20-foot wide pedestrian easement near the rear and side property
lines and extend a connecting pedestrian easement along the private street with the objective of
facilitating pedestrian access to the lands of the Fremont Older Preserve currently owned by
Midpeninsula Regional Open Space District. The pedestrian easement shall be approved as to
form by the City Attorney and shall be granted prior to the issuance of building permits for this
project.
The Summary Vacation of the existing P.E.E.,by the City Council shall occur prior to building �
permit issuance for this project. The applicant shall be responsible for the engineering drawings,
plat and legal descriptions necessary for the realignment of the trail including that portion of the
trail which will continue across the two adjacent properties prior to accessing the Fremont Older
Preserve. The trail is relocated on the applicant's property in order to avoid the new driveway
requested by applicant. The applicant shall also cooperate with adjacent neighbor(s) to help
facilitate the pedestrian access through the lower gate located at the terminus of the Rainbow
Drive.
37. MAINTAINING OF PEDESTRIAN ACCESS
The property owner shall maintain pedestrian access through the property to facilitate access to
the lands of the Midpeninsula Regional Open Space District for the life of this Hillside Exception
Approval. Access can be provided either through maintaining the existing informal trail on the
property or developing a new trail alignment on the property, subject to prior approval by the
City, which shall not be unreasonably withheld.
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Resolution No:6768 EXC-2014-09 November 25,2014
PASSED AND ADOPTED this 25th day of November 2014; at a Regular 1Vleeting of the Planning
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OCorninission of the City of Cupertirio by`the'following roll call vote:
AYES: COMMISSIONERS: Chair Brophy,Vice Chair Lee, Gong,Sun,Takahashi
NOES: ' COMIVIISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSBNT:� COMMISSIOlVERS:none
ATTEST: �� APsP' OV aD:
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�� ��o;"1�ssistant Director Paul Brophy, C ' � _
Comxnunity Development Department Planning Co 's ion
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