PC Summary 8-13-2019g:planning/Post Hearing/summary to cc010819
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
To: Mayor and City Council Members
From: Benjamin Fu, Director of Community Development
Date: September 13, 2019
Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE August 13, 2019
Chapter 19.12.170 of the Cupertino Municipal code provides for
appeal of decisions made by the Planning Commission
1. Application
EXC-2018-07, Walter Chapman (Barniv residence), 21650 Rainbow Ct.
Hillside Exception to allow for the construction of a new 4,077 square foot two-story single-family
residence within the 15% site line of a prominent ridge line.
Action
The Planning Commission denied the appeal of the application(s) on a 4-0-1 vote
Enclosures: Planning Commission Report August 13, 2019
Planning Commission Resolution(s) 6886
Plan Set
PLANNING COMMISSION STAFF REPORT
Meeting: August 13, 2019
SUBJECT
Hillside Exception permit for the construction of a new 4,076-square-foot single-family
residence within the 15% site line of a prominent ridgeline. (Application No(s).: EXC-
2018-07; Applicant(s): Walter Chapman; Location: 21650 Rainbow Court; APN(s): 366-
38-007)
RECOMMENDED ACTIONS
That the Planning Commission adopt the proposed draft resolutions to:
1. Find the project exempt from CEQA; and
2. Approve the Hillside Exception (EXC-2018-07) (Attachment 1)
DISCUSSION
Project Data:
General Plan Designation: Very Low Density (1/2 Acre Slope Density Formula)
Zoning Designation: RHS-21 (Residential Hillside with minimum net lot
area of 21,000 sq.ft.)
Net Lot Area 32,211 sq. ft. (0.74 acres)
Project Data Required Proposed
Maximum Allowable
Development
4,076.99 sq. ft. max. 4,075.62 sq. ft.
Building Height 30’ max. 29’
Setbacks 1st Floor 2nd Floor 1st Floor 2nd Floor
Front 20’ 25’ 55’ 55’
Sides 10’ 15’ 35’ 40’
Rear 20’ 25’ 105’ 105’
Grading Quantity (cubic
yards)
2,500 cubic yards max.
(excluding basements)
1,481 cubic yards
Parking 6 spaces min. 6 spaces
Project Consistency with:
2
General Plan: Yes
Zoning: Yes, with approved Hillside Exception
Environmental Assessment: Categorically Exempt per Section 15303 (Class 3) of
the California Environmental Quality Act (CEQA)
construction or conversion of small facilities or
structures.
Background:
The project site (Figure 1) is located within the Monta Vista South neighborhood in a
Residential Hillside (RHS) zoning district and is surrounded by hillside single-family
residences to the
north, east, south, and
west. The RHS district
is intended to balance
residential uses with
preserving natural
settings and
protecting life and
property from natural
hazards.
The vacant property
sits at the cul-de-sac of
Rainbow Court. An
existing undeveloped
emergency access
easement
connecting
Rainbow Court to Upland Way runs through the northern portion of the site, connecting
it with the neighboring three properties to the east. The site previously underwent
grading and residential development with an approved building permit in the 1990s. A
residence was on the site in the early 1980s but was demolished in 1988. The previously
constructed concrete slab and foundation as well as a concrete retaining wall currently
remain on site.
Proposed Project
The applicant, Walter Chapman, representing the property owners, Michal and Zuri
Barniv, is proposing the construction of a new two-story single-family residence. The
proposed residence will be 4,076 square feet and consists of two stories with a 1,378-
Figure 1 Site Aerial
3
square-foot basement. The parcel will have six parking spaces as required by the Parking
Ordinance, Chapter 19.124 of the Cupertino Municipal Code, two enclosed (inside
garage) and four driveway parking spaces. As part of the project, the applicant will be
required to improve the site by: (1) developing the existing emergency access easement,
(2) installing a fire turn-around, and (3) removing the existing foundation and retaining
wall.
The proposed residence will be in the previously graded portion of the property in order
to avoid excessive grading of the site. Moreover, developing on any other portion of the
site would be impractical due to slope restrictions. The residence complies with the RHS
design standards as it generally follows the primary natural contour of the lot and
incorporates natural
earth tones with low light
reflectivity values of 60 or
less.
Hillside Exception:
The RHS Ordinance,
Chapter 19.40 of the
Cupertino Municipal
Code, prohibits any
structures that disrupt a
15% site line from a
prominent ridgeline
unless an exception is
granted by Planning
Commission. The intent
of this regulation is to
minimize and discourage
visual disturbances of the
foothills. However, the City may consider an exception for unique circumstances or
hardships (typically physical/topographic challenges) provided that the project is
designed to minimize the extent of the exception and impacts to the surrounding hillside.
Figure 2 Prominent Ridgeline
4
The City has historically granted exceptions to allow reasonable development of steeper
hillside properties planned for residential use.
Given that a prominent ridgeline (Figures 2 & 3) runs along the western portion of the
property, development cannot feasibly occur on the property without a hillside exception
request. The siting and design of the proposed house minimizes grading and removal of
existing landscape in a manner consistent with the RHS Zones Ordinance. With the
exception of the proposed development into the 15% site line of the prominent ridgeline,
the proposed home complies with all other aspects of the RHS zone’s site development
regulations. The development will be constructed with appropriate geotechnical review
and inspections as described below.
Geological Review:
The property is located in a fault rupture zone approximately 300 feet from the Monta
Vista fault. The City’s Geotechnical Consultant has peer-reviewed the geotechnical
reports and has concluded that the project is feasible, and has no objections to the
proposed manner of construction proposed by the applicant’s geotechnical consultant.
Environmental Assessment:
The project is categorically exempt from the requirements of the California
Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.)
(“CEQA”), together with the State CEQA Guidelines (California Code of Regulations,
Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), pursuant to CEQA
Guidelines section 15303. The exemption applies to new construction or conversion of
small facilities or structures, including single-family residences (see CEQA Guidelines §
15303(a)), and none of the exceptions to the categorical exemptions in CEQA Guidelines
section 15300.2 apply.
Other Department/Agency Review:
The City’s Building Division, Public Works Department, and the Santa Clara County Fire
Department have reviewed and conditionally approved the project. The pre-hearing
Figure 3 Ridgeline Site Line
5
comments/conditions have been incorporated as conditions of approval in the draft
resolutions (Attachment 1).
PUBLIC NOTICING & OUTREACH
The following table is a brief summary of the noticing done for this project:
Public Notice Agenda
Site Signage (14 days prior to the hearing)
Legal ad placed in newspaper (at least 10
days prior to the hearing)
27 public hearing notices mailed to property
owners within 300 feet of the project site (10
days prior to the hearing)
Posted on the City’s official notice
bulletin board (one week prior to the
hearing)
Posted on the City of Cupertino’s
website (one week prior to the hearing)
No public comments have been received as of the date of production of this staff report
(August 7, 2019).
PERMIT STREAMLINING ACT
This project is subject to the Permit Streamlining Act (Government Code Section 65920 –
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project Received: December 20, 2018; Deemed Incomplete: January 17, 2019
Project Resubmission: March 6, 2019; Deemed Incomplete: March 26, 2019
Project Resubmission: April 22, 2019; Deemed Incomplete: May 8, 2019
Project Resubmission: June 20, 2019; Deemed Complete: July 3, 2019
Since this project is Categorically Exempt, the City has 60 days (until September 3, 2019)
to decide on the project.
CONCLUSION
The lot is surrounded by existing hillside single-family residences and any onsite
development that disrupts the 15% site line of the prominent ridgeline would require a
Hillside Exception. Development cannot feasibly occur on the property without a Hillside
Exception request as the site is constrained by a prominent ridgeline that runs along the
western portion of the property, steep slopes towards Upland Road, and an emergency
access easement that limit areas on the parcel where development may occur. The siting
and design of a proposed house 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. A geotechnical study has been conducted for the proposed project
6
and all recommendations of the geotechnical consultant have been incorporated into the
development conditions of the approval. Staff recommends approval of the Hillside
Exception since the plans and conditions of approval address all concerns related to the
proposed project. Additionally, all of the findings for approval of the proposed project,
consistent with Chapter 19.40 of the Cupertino Municipal Code have been met.
NEXT STEPS
Should the project be approved, the Planning Commission’s decision on this proposal is
final unless an appeal is filed within 14 calendar days of the date of the mailing of the
decision on August 13, 2019. The applicant may apply for building and other permits at
the end of the appeal period.
This approval expires on August 13, 2020, at which time the applicant may apply for a
one-year extension.
Prepared by: Erika Poveda, Assistant Planner
Reviewed by: Gian Paolo Martire, Associate Planner
Approved by: Benjamin Fu, Director of Community Development
ATTACHMENTS:
1 – Draft Resolution for EXC-2018-07
2 – Plan Set
EXC-2018-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6886
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF
A NEW 4,077 SQUARE FOOT SINGLE-FAMILY RESIDENCE WITHIN THE 15%
SITE LINE OF A PROMINENT RIDGELINE LOCATED AT
21650 RAINBOW COURT, APN# 366-38-007
WHEREAS, the proposed development (“Project”) consists of a Hillside Exception
permit for the construction of a new 4,076 square foot single-family residence within the
15% site line of a prominent ridgeline (Application No.: EXC-2018-07; Applicant: Walter
Chapman; Location: 21650 Rainbow Court; APN: 366-38-007); and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons
set forth in the staff report dated August 13, 2019 and incorporated herein; and
WHEREAS, on August 13, 2019, the Planning Commission held a duly noticed public
hearing to receive public testimony on the Project, including the categorical CEQA
exemption in CEQA Guidelines section 15303, 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 Planning Commission of the City of Cupertino is the decision-making
body for this Resolution; and
WHEREAS, the Planning Commission has independently reviewed and considered the
Project and the basis for the exemption prior to taking any approval actions on the
Project, and exercising its independent judgment, based upon the entire record before it,
has determined that the Project is exempt from CEQA pursuant to CEQA Guidelines
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 2
section 15303, which applies to new construction or conversion of single-family
residences; 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:
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 situated at the end of Rainbow Court and is surrounded by existing hillside
single-family residences. A geotechnical study has been conducted for the proposed project and all
recommendations of the geotechnical consultant have been incorporated into the development
conditions of the approval. In addition, the development is required to meet the Best Management
Practices (BMPs), as required by the State Water Resources Control Board and the Bay Area Air
Quality Management District’s (BAAQMD) air quality standards for construction activities. The
project is also required to adhere to the City’s C.3 Municipal Permit for storm water runoff
management. 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 residence will be serviced by a new driveway located off an existing street. A portion of
the private road is located on the subject site. The location of the driveway is consistent with the
location of driveways for adjacent properties. The proposed driveway for one single family home is
not expected to create a hazardous condition for pedestrian or vehicular traffic. During construction,
the developer must also submit a traffic control plan by a Registered Traffic Engineer to be approved
by the City. The plan shall include a temporary traffic control plan for work in the right of way as
well as a routing plan for all vehicles used during construction. 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 Rainbow Court. In addition, sewer and water connections are available
in the street. 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;
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 3
Any onsite development that disrupts the 15% site line of the prominent ridgeline would require a
Hillside Exception. Development cannot feasibly occur on the property without a Hillside Exception
request as the site is constrained by a prominent ridgeline that runs along the western portion of the
property. The site is constrained by steep slopes and an emergency access easement restrictions that
limit areas on the parcel where development may occur. The siting and design of a proposed house
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 proposed development will be located on the most relatively flat and previously graded portion of
the property in order to avoid excessive grading of the site. Further, the site is constrained by steep
slopes and an emergency access easement restrictions that limit areas on the parcel where
development may occur. The siting and design of a proposed house will follow the contours of the site
to minimize grading, minimize the removal of landscaping and reduce the visibility of all retaining
walls necessary to develop the property in a manner consistent with the purpose of the Hillside
Ordinance.
Other alternative locations for development on the parcel would result in greater grading on the site,
removal of additional landscaping and/or native trees, and possibly increased disruption of the 15%
site line of the prominent ridgeline. The proposed development will be 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
building. 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
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 4
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 proposed development will be located in the previously graded portion of the property in order to
avoid excessive grading of the site. Further, the site is constrained by steep slopes and an emergency
access easement restrictions that limit areas on the parcel where development may occur. The siting
and design of a proposed house will follow the contours of the site to minimize grading, minimize the
removal of landscaping and reduce the visibility of all retaining walls necessary to develop the
property in a manner consistent with the purpose of the Hillside Ordinance.
Other alternative locations for development on the parcel would result in greater grading on the site,
removal of additional landscaping and/or native trees, and possibly increased disruption of the 15%
site line of the prominent ridgeline. The proposed development will be located to minimize
environmental and grading impacts on the site.
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, 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 shall use natural earth tone and/or vegetation colors, which blend with the natural
hillside environment (as a condition of approval) and has designed the project in such a manner as to
reduce the effective visible mass to surrounding neighbors as much as possible.
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 528);
The parcel is not located adjacent to public open space preserves, parks, a riparian corridor, or
wildlife habitats. The project site is adjacent to other developed properties with a similar zoning.
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
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 5
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, Hillside homes are required to minimize turf
areas on hillsides and turf may not be planted on slopes greater than 25%.
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
Evidence of the presence of wildlife (particularly deer) was observed onsite. To allow free movement
of animals, only 5,000 square feet (excluding the principal building) of net lot area may be enclosed
with solid fencing.
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines section 15303. The exemption in CEQA Guidelines
section 15303 applies to new construction or conversion of single-family residences, and
none of the exceptions to the categorical exemptions in CEQA Guidelines section 15300.2
apply.
2. Approves the application for a Hillside Exception, Application no. EXC-2018-07 subject
to the conditions which are enumerated in this Resolution beginning on PAGE 6 thereof.
The conclusions and subconclusions upon which the findings and conditions specified in
this resolution are based, including those contained in the Public Hearing record
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 6
concerning Application no. EXC-2018-07 as set forth in the Minutes of Planning
Commission Meeting of August 13, 2019, 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 12 sheets, labled Sheets A-1 through
A-10 entitled, “Michal & Zuri Barniv,” drawn and submitted by Chapman Design
Associates, the Topographic and Boundary Survey consisting of one (1) sheet,
submitted by Barber Surveying, Inc., the Grading and Drainage Plan consisting of
three (3) sheets, labeled C1 through C3, drawn by Green Civil Engineering, Inc., and
the landscape plan consisting of two (2) sheets, labeled L1 and L2, drawn by W.
Jeffrey Heid.
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. BASEMENT LIGHTWELLS
Prior to Building Permit submittal, the basement lightwell design shall be revised to
be the minimum required by the California Building Code for egress, light, and
ventilation per the Cupertino Municicpal Code Section 19.28.070(I).
5. 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 shall be natural earth
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 7
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.
6. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible to the satisfaction of the Building Official. The applicant shall provide
evidence that materials were recycled prior to issuance of final demolition/grading
permits.
7. 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
8. CONSTRUCTION HOURS
The applicant shall comply with the standards in Chapter 10.48, Community Noise
Control, of the Cupertino Municipal Code. The developer shall be responsible for
educating all contractors and subcontractors of said construction restrictions. Rules
and regulation pertaining to all construction activities and limitations identified in
this permit, along with the name and telephone number of a developer appointed
disturbance coordinator, shall be posted in a prominent location at the entrance to
the job site, prior to commencement of demolition and/or grading activities.
9. LANDSCAPE PROJECT 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;
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 8
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.
10. 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.
11. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents
(collectively, the “indemnified parties”) from and against any claim, action, or
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 to attack, set
aside, or void this Resolution or any permit or approval authorized hereby for the
project, including (without limitation) reimbursing the City its actual attorneys’ fees
and costs incurred in defense of the litigation. The applicant shall pay such
attorneys’ fees and costs within 30 days following receipt of invoices from City.
Such attorneys’ fees and costs shall include amounts paid to counsel not otherwise
employed as City staff 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.
12. 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.
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 9
SECTION IV:CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. EASEMENT DEDICATION
Dedicate additional Emergency Access Easement to align with the proposed
driveway alignment.
2. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, driveway approach and related structures shall be installed in
accordance with grades and standards as specified by the Director of Public Works.
3. GRADING
Grading shall be as approved and required by the Director of Public Works 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.
At Building Permit stage, submit updated Geotechnical Report and/or letter as
necessary to include any updated recommendations related to the project’s grading,
storm drainage system, site retaining wall, slope stabilization, and foundation work.
The condition of the existing site retaining wall will need to be further evaluated at
the Building Permit application stage.
4. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works.
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 so that post-project runoff does not exceed estimated
pre-project runoff rates and durations.
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.
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 10
All storm drain inlets shall be clearly marked with the words “No Dumping – Flows
to Creek” using permanently affixed metal medallions or equivalent, as approved by
the Environmental Programs Division.
5. TRAFFIC IMPACT FEES
The Project is subject to the payment of Traffic Impact Fees under City’s
Transportation Impact Fee Program under (Chapter 14.02 of the Cupertino
Municipal Code).
6. 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 ($857)
b. Grading Permit: $ Per current fee schedule ($2,941 or 6%
of improvement costs)
c. Storm Drainage Fee: $ Per current fee schedule($2,402 per
AC)
d. Traffic Impact Fee (TIF) $ Per current fee schedule ($6,177 per
unit)
e. Encroachment Permit Fee $ Per current fee schedule ($2,537)
f. Storm Management Plan Fee: $ Per current fee schedule ($1,382)
g. 3rd Party Geotechnical & Structural Based on actual cost plus 15% Admin.
Fee
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.
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 11
7. 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 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.
8. SURVEYS
A Boundary Survey and a horizontal control plan will be required for all new
construction to ensure the proposed building will be set based on the boundary
survey and setback requirements.
9. UNDERGROUND UTILITIES
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. Developer shall submit detailed plans showing utility
underground provisions. Said plans shall be subject to prior approval of the affected
Utility provider and the Director of Public Works.
10. TRANSFORMERS AND CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipment. Should above 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 areas, as
determined by the Community Development Department. Transformers shall not
be located in the front or side building setback area.
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 12
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to
be approved by the City. The plan shall include a temporary traffic control plan for
work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform Traffic
Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
17. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
18. SANTA CLARA COUNTY FIRE DEPARTMENT
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 13
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 Fire Backflow Preventers, Fire
Department Connections and Fire Hydrants (typically Backflow Preventers should
be located on private property adjacent to the public right of way, and fire
department connections must be located within 100’ of a Fire Hydrant).
19. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
20. SAN JOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before
issuance of a building permit approval.
21. DEDICATION OF UNDERGROUND WATER RIGHTS
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.
22. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
23. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be
required prior to issuance of building permits.
24. GEOTECHNICAL PLAN REVIEW AND DETENTION TANK FEASIBILITY
LETTER
The Project Geotechnical Consultant should review the development plans to assure
that the plans are in conformance with the geotechnical design recommendations.
The Consultant should provide a letter that indicates that the foundation of the
proposed detention tank is currently being investigated and designed to assure
long-term stability of this feature. The Consultant should indicate whether the
existing detention tank location is feasible in its current location. The Geotechnical
Plan Review shall be submitted to the City for review and approval by City staff and
the City Geotechnical Consultant prior to issuance of building permits.
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 14
25. SUPPLEMENTAL GEOTECHNICAL CRITERIA
Prior to issuance of building permits, the Project Geotechnical Consultant shall
provide geotechnical design recommendations to assure that the detention tank and
associated drainage facilities are founded in stable bedrock materials. A geologic
cross section should be generated through the site to depict the subsurface earth
materials in relation to the existing foundation, proposed structures (residene with
basement, and detention basins), and artificial fill.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
1. FIRE SPRINKLERS REQUIRED
An automatic residential fire sprinkler system shall be installed in all new one- and
two-family dwellings. NOTE: The owner(s), occupant(s) and any contractor(s) or
subcontractor(s) are responsible for consulting with the water purveyor of record in
order to determine if any modification or upgrade of the existing water service is
required. A State of California licensed (C-16) Fire Protection Contractor shall
submit plans, calculations, a completed permit application and appropriate fees to
this department for review and approval prior to beginning their work. CRC Sec.
313.2 as adopted and amended by CUPMC. Note provided on Sheet A-1 indicating
an automatic fire sprinkler system will be provided and installed per NFPA 13D
2016 edition.
2. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire
protection water supplies. It is the responsibility of the applicant and any contractors
and subcontractors to contact the water purveyor supplying the site of such project,
and to comply with the requirements of that purveyor. Such requirements shall be
incorporated into the design of any water-based fire protection systems, and/or fire
suppression water supply systems or storage containers that may be physically
connected in any manner to an appliance capable of causing contamination of the
potable water supply of the purveyor of record.
Final approval of the system(s) under consideration will not be granted by this office
until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been met by the applicant(s). 2016 CFC Sec.
903.3.5 and Health and Safety Code 13114.7
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 15
3. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33
and our Standard Detail and Specification SI-7. Provide appropriate notations on
subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
4. PREMISES IDENTIFICATION
New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers shall
contrast with their background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response.
5. FIRE APPARATUS (ENGINE)ACCESS DRIVEWAY REQUIRED
Provide an access driveway with a paved all weather surface, a minimum
unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches, minimum
circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope
of 15%. Installations shall conform to Fire Department Standard Details and
Specifications sheet D-1. Dimensions noted on the Sheet A-1 as well as indicating
that the driveway surface will support the imposed load of 75,000 pounds. Variance
for a slope of 17% for the length of the driveway and transitioning into a section (not
on the subject property) noted as future emergency access, has been approved by
SDFM Staiger.
6. FIRE DEPARTMENT (ENGINE) DRIVEWAY TURNAROUND REQUIRED
Provide an approved fire department engine roadway turnaround with a minimum
radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire
Department Standard Details and Specification sheet D-1. CFC Sec. 503. Emergency
Turnarounds shall be kept clear at all times. Indicate how you will delineate
turnaround to maintain compliance. Provide dimensions on the plans for the
proposed turnaround.
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO BUILDING
DEPARTMENT
1. WILDLAND URBAN INTERFACE HIGH HAZARD SEVERITY FIRE ZONE
As the site is within a Wildland Urban Interface High Hazard Severity Fire Zone, the
building’s design shall be subject to the construction requirements stated in R337 of
the 2016 California Residential Code.
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 16
2. EXISITNG RETAINING WALLS & DRILLED PIERS
The exsiting site retaining walls and drilled piers that had been constructed without
permits must be removed, and the future design cannot interact with the drilled
piers already in place.
PASSED AND ADOPTED this 13th day of August, 2019, Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Vice Chair Saxena, Moore, Fung, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chair Wang
ATTEST: APPROVED:
/s/Ben Fu /s/Vikram Saxena
Benjamin Fu Vikram Saxena
Director of Community Development Vice Chair, Planning Commission
Resolution No. 6886 EXC-2018-07 August 13, 2019
Page 17
PROPOSED LEGEND
GRADING NOTES
RAINBOW CT.
APN:
366-38
-
0
0
9
APN:
366-38
-
0
1
0
APN:
366-38
-
0
0
6
GENERAL NOTES:
HOUSE
GARAGEAAC1 21650 RAINBOW COURTCUPERTINO, CA 95014 SCALE
VERTICAL: 1"= AS SHOWN
HORIZONTAL: 1"= AS SHOWN
SHEET
OF 3 SHEET
REVIEWED:
DRAWN:
DESIGNED:
DATE:
JOB NO.:18201055
HCL
HCL
HCL
11/20/20181900 S. NORFOLK ST. SUITE #350SAN MATEO, CA 94403INFO@GREEN-CE.COMGRADING & DRAINAGE PLANC1
1
APN:
366-38
-
0
3
1
UPL
A
N
D
W
A
Y
OUTFALL STRUCTURE
C2
GRADING & DRAINAGE PLANC2 21650 RAINBOW COURTCUPERTINO, CA 95014 SCALE
VERTICAL: 1"= AS SHOWN
HORIZONTAL: 1"= AS SHOWN
SHEET
OF 3 SHEET
REVIEWED:
DRAWN:
DESIGNED:
DATE:
JOB NO.:18201055
HCL
HCL
HCL
11/20/20181900 S. NORFOLK ST. SUITE #350SAN MATEO, CA 94403INFO@GREEN-CE.COM2
GRADING & DRAINAGE PLANC3 21650 RAINBOW COURTCUPERTINO, CA 95014 SCALE
VERTICAL: 1"= AS SHOWN
HORIZONTAL: 1"= AS SHOWN
SHEET
OF 3 SHEET
REVIEWED:
DRAWN:
DESIGNED:
DATE:
JOB NO.:18201055
HCL
HCL
HCL
11/20/20181900 S. NORFOLK ST. SUITE #350SAN MATEO, CA 94403INFO@GREEN-CE.COM3