Reso 6591 TM-2010-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6591
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A TENTATIVE PARCEL MAP TO SUBDIVIDE ONE PARCEL INTO TWO
SINGLE-FAMILY RESIDENTIAL LOTS OF APPROXIMATELY 11,737 AND 13,982 GROSS
SQUARE FEET WITH AN EXCEPTION AREA OF 1,211 SQUARE FEET IN THE CITY OF
SUNNYVALE LOCATED NORTHERLY AND ABUTTING TO 10642 NORTH PORTAL AVE.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
' Tentative Parcel Map, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
has satisfied the following requirements:
1) That the proposed subdivision map is consistent with the City of Cupertino General
Plan.
2) That the design and improvements of the proposed subdivision are consistent with
the General Plan.
3) That the site is physically suitable for the type and intensity of development
contemplated under the approved subdivision.
4) That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage and/or substantial and unavoidable injury
to fish and wildlife or their habitat.
5) That the design of the subdivision or the type of improvements associated there
with is not likely to cause serious public health problems.
� 6) That the design of the subdivision and its associated improvements will not conflict
with easements acquired by the public at large for access through or use of property
within the proposed subdivision.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for Tentative Parcel Map, file no. TM-2010-02, is hereby approved,
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-2010-02 as set
forth in the Minutes of the Planning Commission Meeting of April 13, 2010 and are
Resolution l�To.6591 TM-2010-02 April 13,2010
Page 2
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2010-02
, Applicant: Pam Yoshida (for Westwood Investors/Richard Gregersen)
Location: Property northerly and abutting to 10642 North Portal Ave.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: " TWO LOT/RESIDENTIAL SUBDIVISION/
NORTH PORTAL AVENUE/CUPERTINO, CALIFORNIA " prepared by MBA
ARCHITECTS dated January 21, 2010 and consisting of two sheets labeled GO and
C-1 prepared by Westfall Engineers, Inc. dated February 2010, except as may be
amended by the conditions contained in this resolution.
2. 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.
3. DEMOLITION OF STRUCTURES
Prior to recordation of the final map, the applicant shall demolish and remove all structures
on the property.
4. RECORDING OF NOISE COVENANTS ON FINAL MAP
Notication shall be placed on the Final Parcel Map and covenants recorded on each lot,
notifying future purchasers of the highway noise and the requirement for interior noise
mitigation for residential development. Map notes and covenants are subject to approval of
the City Attorney.
5. AIR UALITY MITIGATION
Notication shall be placed on the Final Parcel Map and covenants recorded on each lot,
notifying future purchasers of the air quality mitigation requirements listed in the tentative
map approval, file no. TM-2010-02 on file with the City of Cupertino. Map notes and
covenants are subject to approval of the City Attorney.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
�
6. STREET WIDENING
Street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
Resolution No.6591 TM-2010-02 April 13,2010
Page 3
7. 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.
8. 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.
9. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
� Department as needed.
10. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
11. 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.
12. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre-and post-
development calculations m,ust be provided to indicate whether additional storm water
control measures are to be installed.
13. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino,
and shall coordinate with affected utility providers for installation of underground utility
� devices. The developer shall submit detailed plans showing utility underground
provisions. Said plans shall be subject to prior approval of the affected Utility provider
and the City Engineer. �
14. 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: $5% of Off-Site Improvement Cost or$2,468.00 minimum
b.Grading Permit: $6% of Site Improvement Cost or$2,217.00 minimum
c.Development Maintenance Deposit: $2,000.00
d.Storm Drainage Fee: Per Acreage
e.Power Cost: **
f.Map Checking Fees: $7,817.00
Resolution No.6591 TM-2010-02 Apri113,2010
Page 4
g.Park Fees: per ordinance
h.Street Trees By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
a. Faithful Performance Bond:100%of Off-site and On-site Iinproveinents
b. Labor&Material Bond:100%of Off-site and On-site Improvement
c. 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.
15. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures
shall be screened with fencing and landscaping or located underground such that said
equipment is not visible from public street areas. The t�ansformer shall not be located in
the front or side building setback area.
16. 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.
17. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from the State Water Resources
Control Board, which encompasses preparation of a Storm Water Pollution Prevention
Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm
water runoff quality, and BMP inspection and maintenance.
18. C.3 RE UIREMENTS
The developer shall reserve a minimum of 4% of developable surface area for the
placement of storm water treatment facilities on the tentative map, unless an alternative
storm water treatment plan to satisfy c.3 requirements is approved by the City Engineer.
The applicant must include the use and maintenance of site design, source control and
storm water treatment BMP's, 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 heatment BMP's are required. The Storm Water
Management Plan will be required to obtain approval from an approved third party
reviewer, at the expense of the developer.
�
19. SANTA CLARA VALLEY WATER DISTRICT CLEARANCE
Provide Santa Clara Valley Water District approval before recordation of the final map.
The developer shall pay for and obtain Water District permit for activities or
modifications within the District easement or fee right-of-way or affecting District
facilities.
Resolution No.6591 TM-2010-02 April 13,2010
Page 5
20. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval before recordation of the final map.
21. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain materials
on site. Erosion control notes shall be stated on the plans.
22. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
23. TRASH ENCLOSURES
� The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager.
24. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in
regards to refuse truck access for the proposed development.
25. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
26. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits.
27. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E,
PacBell, and California Water Company,and/or equivalent agencies) will be required
prior to issuance of building permits.
� 28. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off-site improvements.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. Of this
resolution conform to generally accepted engineering practices
� `�'�-✓..�.c�.�Q.C.0 �,c. C.�l
Ralph Qualls, Director of P 1' Works
City Engineer CA License 22046
Resolution No.6591 TM-2010-02 Apri113,2010
Page 6
� PASSED AND ADOPTED this 13th day of April 2010, at a Regular Meeting of the Planning
Coininission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy,Vice Chair Lee, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer, Kaneda
ATTEST: APPROVED:
.
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Aarti Shrivastava, Director Paul Brophy hair
Community Development Department Planning Co �ss on
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