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Reso 6346 TM-2005-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 6346 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A 1.10 ACRE PARCEL INTO 16 LOTS FOR A 15-UNIT TOWNHOME DEVELOPMENT LOCATED 10684/ 10700/ 10716/ 10730/ 10744 STEVENS CANYON ROAD � SECTION I: PROTECT DESCRIPTION Application No.: TM-2005-08 Applicant: Michael Abdollahi, Rockwell Homes Location: 10684/ 10700/ 10716/ 10730/ 10744 Stevens Canyon Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application � for a Tentative Subdivision Map as described in Section I of this Resolution; and , VVHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino � General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. � That the design of the subdivision and its associated improvements will not I conflict with easements acquired by the public at large for access through or use '� of property within the proposed subdivision. I NOW, THEREFORE, BE IT RESOLVED: � Page 2 TM-2005-08 December 13, 2005 That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for a Tentative Subdivision Map is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; 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 No. TM-2005-08 as set forth in the Minutes of the Planning Commission Meeting of December 13, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Residential Development,l5 Attached Single-Family Residences, Stevens Canyon Road, Cupertino, California" consisting of thirteen sheets labeled A-1- A-10, C-1, C-2, PL- 1, and color/materials samples approved by the Planning Commission, except as may be amended by the Conditions contained in this Resolution. 2. MAINTENANCE OF COMMON AREAS Applicant shall write into the homeowners association's CC&R's that the repair and maintenance of all common areas including Lot 16 and the exterior of the buildings shall be the responsibility of the HOA. 3. BUILDING FINISHES, MATERIALS, PAVEMENT TREATMENTS, ARCHITECTURAL DETAILS FENCING LIGHTING AND LANDSCAPING REVIEW At the building permit stage, all building finishes, materials, pavement treatments, architectural details, fencing, lighting and landscaping shall be reviewed for substantial consistency with the approved plans and exhibits and approved by the Director of Community Development. 4. 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. Page 3 TM-2005-08 December 13, 2005 5. BELOW MARKET RATE HOUSING BMR) Prior to building permit approval, the Applicant shall enter into a BMR housing agreement with the City of Cupertino for 20% of the project (or 3 townhomes) as BMR for-sale residential units. These units shall comply with the Housing Mitigation Manual, on file at the City of Cupertino Community Development Department, and shall be specifically designated in a Declaration of Resale Controls entered into with the City of Cupertino. 6. GEOTECHNICAL REVIEW Prior to building permit approval, the Applicant shall pay the required geotechnical review fee and submit a geotechnical report which shall be reviewed per the City's geotechnical review process. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 7. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 8. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 9. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the � maximum height permitted by the zone in which the site is located. , 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. STREET TREES Street Trees Shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No.125. 12. GRADING ' Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water � Quality Control Board as appropriate. i , 13. DRAINAGE I Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post Development Calculations must be provided to identify if storm drain facilities need to be constructed or renovated. Page 4 TM-2005-08 December 13, 2005 14. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to rior a roval of the affected Utilit rovider and the Cit En ineer. P PP Y P Y g 15. 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. Grading Permit: $ 5% of Site Improvement Cost , b. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost c. Development Maintenance Deposit: $ 3,000.00 d. Storm Drainage Fee: Paid (6.4.62) e. Power Cost: ** f. Map Checking Fees: $ 6,750.00 g. Park Fees: Paid - credit (Ex.15 Apartments) � Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond � b. Off-Site Improvements Bond: 100 % Performance Bond;100 % Labor/ Material , Bond 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. ' ** Developer is required for one-year power cost for streetlights. 16. TRANSFORMERS � Electrical transformers, telephone vaults and similar above ground equipment ; enclosures shall be screened with fencing and landscaping or located underground , such that said equipment is not visible from public street areas. � ! 17. BEST MANAGEMENT PRACTICES Page 5 TM-2005-08 December 13, 2005 Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 18. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS a. Permanent Stormwater quality BMPs Required: In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all � development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project b. Stormwater Management Plan Required: The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality BMPs included in this plan shall be selected and designed in accordance � with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements: The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owner(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City , access at the site for BMP inspection. d. Hydromodification Plan (HMP) Required: The applicant must provide a comprehensive plan to control any combination of on-site, off-site and in-stream � control measures incorporated into specific redevelopment projects in order to reduce stormwater runoff so as to not increase the erosion potential of the receiving watercourse over the pre-project condition. 19. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The City ' must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the State Water Resources Control Board web site at: http• /www.swrcb.ca. �ov / stormwtr/ construction.html i 20. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right-of-way. The applicant and the City must enter into a recorded agreement for this aforementioned work. SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT. � i 21. PRIOR TO BUILDING PERMIT APPLICATION 1. Provide type of construction and allowable floor areas. � 2. Provide Occupancy Classification and Occupancy separations. 3. Show required separation details. Page 6 TM-2005-08 December 13, 2005 4. Detail penetrations at rated walls. � 5. Provide type of construction of trellises. 6. Provide accessible paths of travel diagram. 7. Provide handicapped parking diagram and stall count. 8. As of October 1, 2005, new T-24 standards apply. 9. Demolition permit is separate from Building permit. � Submittal requirements are as follows: 1. 6 set of plans, two of which must be wet signed prior to permit issuance. , 2. 2 sets of Title 24 calculations. 3. 2 sets of structural calculations. 4. 3 copies of a soils report. 5. Contact other departments as necessary for their submittal requirements. ! 6. All items must be submitted as a package. � SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY � FIRE DEPARTMENT. 21. REQUIRED FIRE FLOW , The fire flow is 1000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrants(s) which are spaced at the � required spacing. 22. FIRE APPARATUS (ENGINE) ACCESS ROADS Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications � sheet A-1. 23. ACCESS TO BUILDINGS/LANDSCAPING Landscaping shall not obstruct Fire Department ladder access to buildings. The building permit submittal shall include a landscape drawing which reflects the location of all landscaping, to include how Fire Department ladder access will be provided around all buildings. An approved walkway shall be provided on all sides of the buildings leading from the fire access roadway to the exterior openings of the buildings. 24. PREMISSES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. SECTION VII: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT. � Page 7 TM-2005-08 December 13, 2005 ' _____=_________________=________=_______=_=_________=__ � 25. SANITARY SEWER SERVICE I Sanitary sewer service can be provided for the proposed improvements, pending off-site sanitary sewer improvements per agreement with the District. It is anticipated additional Cupertino Sanitary District Fees and/or Permits shall be required for the proposed improvements. Improvement plans for the subject project shall be reviewed by the District. A District Plan Checking and Inspection Deposit � will be required. PASSED AND ADOPTED this 13th day of December 2005, at a Regular Meeting of the � Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Saadati, Chen, Giefer � NOES: COMMISSIONERS: Chairperson Wong, Vice Chair Miller � ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none I ATTEST: APPROVED: � - ,�� � �✓ � ' � �i _�(� � � Steve Piasecki Gilbert Wong, Chairperso Director of Community Development Planning Commission