EXC-2019-003 - PC Reso 6955 Rainbow hillside exception RESOLUTION NO. 6955
A RESOLUTION OF THE CUPERTINO PLANNING COMMISSION
APPROVING A HILLSIDE EXCEPTION TO ALLOW A MAINTENANCE
ROAD WITHIN AN EXISTING RESIDENTIAL PROPERTY ON SLOPES
GREATER THAN 30%. LOCATED 21750 RAINBOW DRIVE
(APN: 366-03-064)
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2019-03
Applicant: Bruce and Joyce Steakley
Location: 21750 Rainbow Drive (APN:366-03-064)
SECTION II: FINDINGS FOR A HILLSIDE EXCEPTION:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Hillside Exception as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code Section 21000 et seq.) ("CEQA") and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA
Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative
Declaration ("Project"); and
WHEREAS, on July 12, 2022, the Planning Commission held a duly noticed public
hearing to receive public testimony on the Project, including the Initial Study and
proposed Mitigated Negative Declaration, and reviewed and considered the
information contained in the staff report pertaining to the Project, all other pertinent
documents, and all written and oral statements received by the Planning Commission at
or prior to the public hearing; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
Resolution No.6955 EXC-2019-003 July 12,2022
1. The proposed development will not be injurious to property or improvements in the
area nor be detrimental to public health and safety;
The proposed site is surrounded by existing hillside single-family residences. A mitigated
negative declaration has been prepared to mitigate any impacts to less than significant. The
project has been designed to ensure that the improvements do not impact the Creek or public
health and safety. Therefore, the 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;
The proposed maintenance road will be located completely on private property. Therefore, the
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;
The property is accessed by the private Rainbow Drive. In addition, water and sewer
connections are available in the street. The proposed project does not propose any changes to
such access or services. Therefore, the development has legal access to public streets and
public services 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;
Any construction of a structure andlor disturbance of land greater than 500 sf on slopes
greater than 30% requires a Hillside Exception. The proposed development cannot feasibly
occur on the property without a Hillside Exception request as the site is constrained by the
fact that allowing reasonable access to the lower portion of the property would require
disturbing slopes greater than 30%. The siting and design of the accessory structures will
follow the contours of the site to minimize grading, minimize the removal of landscaping and
reduce the visibility of retaining walls necessary on site to develop the property in a manner
consistent with the Residential Hillside Ordinance.
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;
The site is constrained by steep slopes that limit areas where a maintenance road, or any
mode of reasonable access to the lower portion of the property may occur. The siting and
design of the maintenance road will follow the contours of the site to minimize grading,
minimize the removal of landscaping and reduce the visibility of all retaining walls necessary
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to develop the property in a manner consistent with the purpose of the Residential Hillside
Ordinance.
Other alternative locations for development on the parcel would result in greater grading on
the site and removal of additional landscaping andlor native trees. The proposed development
is located to minimize environmental and grading impacts on the site.
6. The proposed development does not consist of structures on or near known
geological or environmental hazards which have been determined by expert
testimony to be unsafe or hazardous to structures or persons residing therein (See
General Plan Policies 2-49);
The geotechnical report and peer review do not indicate any significant conflicts with
geological or environmental hazards. Additionally, all recommendations of the geotechnical
engineers have been incorporated into the conditions of approval in order to ensure
structural stability of the proposed maintenance raod. Therefore, the proposed development
does not consist of structures 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 which will ensure
that erosion and scarring of the hillsides caused by necessary construction of roads,
housing sites, and improvements will be minimized (See General Plan Policies 2-53,
2-54 and 2-57);
The proposed development follows, as closely as possible, the primary natural contours of the
lot to minimize erosion and scarring of the hillsides caused by necessary construction of the
housing site and improvements. Drainage and grading plans have been reviewed and will
continue to be reviewed by the City Engineer and the City's consultant geotechnical
engineers to ensure the safety of the development and of those neighboring residences.
8. The proposed development does not consist of structures which would disrupt the
natural silhouette of ridgelines as viewed from established vantage points on the
valley floor unless either:
a. The location of a structure on a ridgeline is necessary to avoid greater negative
environmental impacts; or
b. The structure could not otherwise be physically located on the parcel and the size
of the structure is the minimum which is necessary to allow for a reasonable use
of the parcel (See General Plan Policies 2-46, 2-47 and 2-48);
The parcel is not on a ridgeline.
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,
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including building height, as much as possible without creating other negative
environmental impacts (See General Plan Policies 2-46, 2-50, 2-51 and 2-52);
The applicant is required to use natural earth tone and/or vegetation colors for the retaining
walls, which blend with the natural hillside environment (as a condition of approval).
10. The proposed development is located on the parcel as far as possible from public
open space preserves or parks (if visible there from), riparian corridors, and wildlife
habitats unless such location will create other, more negative environmental impacts
(See General Plan Policies 2-55, 5-14 and 5-28);
The parcel is located adjacent to Fremont Older Open Space Preserve. Notices have sent to
Midpeninsula Regional Open Space District for comment and no comments have been
received that would raise any concerns. The maintenance road is sufficiently setback from the
riparian vegetation dripline in accordance with CMC 19.40. Further, the mitigated negative
declaration includes mitigation measures that would require coordination with State and
Federal Agencies to ensure that grading does not disturb the Regnart Creek watercourse.
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 (See
General Plan Policies 2-54, 5-15 and 5-16);
A preliminary landscape plan has been evaluated and the project is conditioned to provide a
landscape plan to be reviewed and approved prior to Building Permit issuance. The project
shall also comply with Chapter 14.15: Landscape Ordinance of the City of Cupertino
Municipal Code (CMC). Additionally, since the site is located in an area designated as
Wildland Urban Interface by CMC Chapter 16.74, fire-prone plant materials and highly
flammable mulches are strongly discouraged. In conformance with California Public
Resources Code Section 4291, plants shall be selected, arranged, and maintained to provide
defensible space for wildfire protection. The installation of invasive plant species and noxious
weeds is also prohibited. Further, Residential Hillside homes are required to minimize turf
areas on hillsides and turf may not be planted on slopes greater than 25%. No trees are
proposed to be removed and a vast majority of the plantings are native and all are WELO
compliant.
Through the proposed site design and conditions of approval, which limit invasive species of
plants and turf areas, a balance between the residential development and preservation of the
natural hillside setting can be maintained.
12. The proposed development confines solid fencing to the areas near a structure
rather than around the entire site (See General Plan Policy 5-17); and
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To allow free movement of animals, in compliance with the RHS fencing standards, only
5,000 square feet (excluding the principal building) of net lot area may be enclosed with solid
fencing. No solid fencing is proposed as part of this approval.
13. 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.
The development meets all the development standards for RHS zoned properties and is
consistent with the City's General Plan and with the purposes of Chapter 19.40 as described
in Section 19.40.010. These have been described in detail in each of the findings above.
WHEREAS, the Planning Commission has independently reviewed and considered the
Project and the basis for the mitigated negative declaration (EA-2022-001) prior to
taking any approval actions on the Project, and exercising its independent judgment,
based upon the entire record before it, has approved the mitigated negative declaration
(EA-2022-001; and
WHEREAS, the Planning Commission determined that the mitigated negative
declaration (EA-2022-001) has sufficiently reduced any impacts to less than significant;
and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the Project sufficiently
mitigated any impacts to less than significant.
2. Approves the application for a Hillside Exception, Application no. EXC-2022-03 subject
to the conditions which are enumerated in this Resolution beginning on page 6. The
conclusions and subconclusions upon which the findings and conditions specified in this
resolution are based, including those contained in the Public Hearing record concerning
Application no. EXC-2022-03 as set forth in the Minutes of Planning Commission Meeting
of July 12, 2022, are hereby incorporated by reference as though fully set forth herein.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the foregoing recitals are true
and correct and are included herein by reference as findings.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set consisting of 21 sheets, labled Sheets C-1 through
C-16, and L-1 through L-4 entitled, "Plans For The Improvements of Access Road
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Resolution No.6955 EXC-2019-003 July 12,2022
21750 Rainbow Drive, Cupertino, CA," drawn and submitted by Activewayz
Engineering, and Catherine L. Kauer, Landscape Architect.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
3. ACCURACY OF PROJECT PLANS
The 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.
4. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on
exterior color, material, architectural treatments and/or embellishments) shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits. The exterior colors and materials of the retaing walls
shall be natural earth tones and have low light reflectivity values of 60 or less. The
final building exterior plan shall closely resemble the details shown on the original
approved plans. Any exterior changes determined to be substantial by the Director
of Community Development shall require a minor modification approval with
neighborhood input.
5. 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 (including, but not limited
to, Building, Planning, Public Works, Santa Clara County Fire Department), prior to
issuance of grading and/or building permits, to review an applicant-prepared
construction management plan including,but not limited to:
a. Plan for compliance with conditions of approval
b. Plan for public access during work in the public right-of-way
c. Construction staging area
d. Construction schedule and hours
e. Construction phasing plan, if any
f. Contractor parking area
g. Tree preservation/protection plan
h. Site dust, noise and storm run-off management plan
i. Emergency/complaint and construction site manager contacts
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6. 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 exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) 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. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h. Post a publicly visible sign with the telephone number and person to contact at
the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be
visible to ensure compliance with applicable regulations.
i. The applicant shall incorporate the City's construction best management
practices into the building permit plan set.
7. NESTING BIRDS
Nests of raptors and other birds shall be protected when in active use, as required by
the federal Migratory Bird Treaty Act and the California Department of Fish and
Game Code.
a. Construction and tree removal/pruning activities shall be scheduled to avoid the
nesting season to the extent feasible. If feasible, tree removal and/or pruning shall
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be completed before the start of the nesting season to help preclude nesting. The
nesting season for most birds and raptors in the San Francisco Bay area extends
from February 1 through August 31. Preconstruction surveys (described below)
are not required for tree removal or construction activities outside the nesting
period.
b. If construction activities and any required tree removal occur during the nesting
season (February 1 and August 31), a qualified ornithologist shall be required to
conduct surveys prior to tree removal or construction activities. Preconstruction
surveys shall be conducted no more than 14 days prior to the start of tree
removal, pruning or construction. Preconstruction surveys shall be repeated at 14-
day intervals until construction has been initiated in the area after which surveys
can be stopped. During this survey, the ornithologist shall inspect all trees and
other possible nesting habitats in and immediately adjacent to the construction
areas for nests.
c. If the survey does not identify any nesting birds that would be affected by
construction activities, no further mitigation is required. If an active nest
containing viable eggs or young birds is found sufficiently close to work areas to
be disturbed by these activities, their locations shall be documented and
protective measures implemented under the direction of the qualified
ornithologist until the nests no longer contain eggs or young birds.
d. Protective measures shall include establishment of clearly delineated exclusion
zones (i.e. demarcated by identifiable fencing, such as orange construction fencing
or equivalent) around each nest location as determined by the qualified
ornithologist, taking into account the species of birds nesting, their tolerance for
disturbance and proximity to existing development. In general, exclusion zones
shall be a minimum of 300 feet for raptors and 75 feet for passerines and other
birds. The active nest within an exclusion zone shall be monitored on a weekly
basis throughout the nesting season to identify signs of disturbance and confirm
nesting status. The radius of an exclusion zone may be increased by the qualified
biologist, if project activities are determined to be adversely affecting the nesting
birds. Exclusion zones may be reduced by the qualified biologist only in
consultation with California Department of Fish and Wildlife. The protection
measures and buffers shall remain in effect until the young have left the nest and
are foraging independently or the nest is no longer active.
e. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection measures (if
required), shall be submitted to the Planning Manager, through the building
permit review process, and be completed to the satisfaction of the Community
Development Director prior to the start of grading.
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8. NOISE MANAGEMENT DURING CONSTRUCTION
At least 10 days prior to commencement of construction activities, the
applicant/property owner shall post a sign at the entrance(s) to the job site, clearly
visible to the public, which includes permitted construction days and hours, as well
as the telephone numbers of the City's and contractor's authorized representatives
that are assigned to respond in the event of a noise or vibration complaint. In
addition to the posted sign, the project applicant shall send notices of the planned
activity by first class mail to off-site businesses and residents within 500 feet of the
project site at least 10 days prior to the start of any demolition, ground disturbing, or
construction activities. If the authorized contractor's representative receives a
complaint, they shall investigate, take appropriate corrective action, and report the
action to the City within three business days of receiving the complaint. The
applicant shall provide all documentation required to determine compliance with
Cupertino Municipal Code Section 17.04.050.
9. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d. Construction activities shall 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 as defined in Chapter 10.48 of the Municipal Code. Night
time construction is allowed if compliant with nighttime standards of Section
10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated
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Resolution No.6955 EXC-2019-003 July 12,2022
10. LANDSCAPE PROTECT SUBMITTAL:
The applicant shall submit a full landscape project submittal, per sections 490.1,
492.1, and 492.3 of the Department of Water Resources Model Water Efficient
Landscape Ordinance, for projects with landscape area more than 500 square feet;
the applicant shall submit either a full landscape project submittal or submit the
Prescriptive Compliance Checklist per Appendix D of the Department of Water
Resources Model Water Efficient Landscape Ordinance for projects with landscape
area more than 500 square feet and less than 2,500 square feet. The Landscape
Documentation Package or Prescriptive Compliance Checklist shall be reviewed and
approved to the satisfaction of the Director of Community Development prior to
issuance of building permits.
11. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
12. INDEMNIFICATION AND LIMITATION OF LIABILITY
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the "indemnified parties") from and against any liability, claim, action,
cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively
referred to as "proceeding") brought by a third party against one or more of the
indemnified parties or one or more of the indemnified parties and the applicant
related to any Ordinance, Resolution, or action approving the project, the related
entitlements, environmental review documents, finding or determinations, or any
other permit or approval authorized for the project. The indemnification shall
include but not be limited to damages, fees, and costs awarded against the City, if
any, and cost of suit, attorneys' fees, and other costs, liabilities, and expenses
incurred in connection with such proceeding whether incurred by the Applicant, the
City, or the parties initiating or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees
and costs shall include amounts paid to the City's outside counsel and shall include
City Attorney time and overhead costs and other City staff overhead costs and any
costs directly related to the litigation reasonably incurred by City. The applicant
shall likewise agree to indemnify, defend, and hold harmless the indemnified parties
from and against any damages, attorneys' fees, or costs awards, including attorneys'
fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded
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Resolution No.6955 EXC-2019-003 July 12,2022
against the indemnified parties. The Applicant shall cooperate with the City to enter
a Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental review,
if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
13. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. BUILDING PERMIT APPLICATION
All reviews (civil and structural plans) will be deferred to the building permit applic
ation stage and until after project received Planning and Environmental Reviews
and Approval.
2. GRADING &DRAINAGE
Drainage/Grading plans shall be as approved and required by the Director of Public
Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certi
fications and 404 permits maybe required. Please contact Army Corp of Engineers an
d/or Regional Water Quality Control Board as appropriate. All storm drain inlets
shall be clearly marked with the words "No Dumping —
Flows to Creek" using permanently affixed metal medallions or equivalent, as appr
oved by the Environmental Programs Division.
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3. 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,
unless an alternative storm water treatment plan, that satisfies C.3 requirements, is
approved by the Director of Public
Works. The project is proposing permeable pavement for the maintenance roadway
so the entire project site will have less than 10,000SF. Therefore, a Maintenance Plan
and an Operation and Maintenance Agreement, and certification of ongoing operati
on and maintenance of permeable pavement are each
required. As part of C.3 impervious surface data
form, provide a map that correlates to the location and square footage of the existing
and proposed impervious surface areas.
4. IMPROVEMENT AGREEMENT
The project developer shall provide 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 fees shall be executed and paid prior to issuance of
Building permit.
Fees:
a. Checking &Inspection Fees: Per current fee schedule ($891)
b. Grading Permit: Per current fee schedule ($3,059 or 6% of
improvement costs)
c. Storm Drainage Fee: Per current fee schedule ($3,645 per DU)
Bonds:
a. 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 change
or changes, the fees changed at that time will reflect the then current fee schedule.
5. EROSION CONTROL PLAN
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.
6. 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.
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Resolution No.6955 EXC-2019-003 July 12,2022
PASSED AND ADOPTED this 12 th day of July, 2022, Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Scharf, Madhdhipatla, Kapil, Wang
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMISSIONERS: Saxena
ATTEST: APPROVED:
Piu Ghosh Steven Scharf
Planning Manager Chair, Planning Commission
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