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Reso 6570 TM-2009-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6570 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE PARCEL MAP TO SUBDIVIDE ONE PARCEL INTO FOUR LOTS RANGING IN SIZE FROM 2.86 ACRES TO 3.65 ACRES AT 22045 REGNART ROAD 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 Com.mission 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 nor substantially and unavoidable injure 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-2009-02, is hereby approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the sub conclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. TM-2009-02 as set forth in the Minutes of the Planning Cominission Meeting of October 13 and October 27, 2009, and are incorporated by reference as though fully set forth herein. Resolution No. 6570 TM-2009-02 OctoUer 27, 2009 Page 2 SECTION II: PROTECT DESCRIPTION Application No.: TM-2009-02 Applicant: Robert Bigler Location: 22045 Regnart Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on plan sets titled "Tentative Map, LANDS OF BIGLER, 4 LOT SUBDIVISION, 22045 REGNART ROAD APN: 366-46-004, Cupertino, CALIFORNIA", dated Sept. 2009 and consisting of six sheets labeled 1 through 6, and an additional sheet labeled 3 dated Oct. 2009, except as 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. COVENANT NOTIFICATION OF BUILDING LIMITATIONS The applicant shall record with the final parcel map on each parcel a notification that the maximum building area of each residence, including the number of bedrooms, is restricted by City zoning regulations and septic system constraints set forth by the Santa Clara County Environmental Health Department, whichever is more reshictive. Detailed information is available at the Cupertino Community Development Department. 4. GEOLOGIC REVIEW Subdivision improvements, demolition, and residential development shall be performed in accordance with the geotechnical recommendations described in reports titled: "Geologic Hazards Evaluation & Soil Engineering Study/Lands of Bigler 4-lot Subdivision prepared by Earth Systems Consultants dated May 2004," and titled "Updated Geotechnical Investigation/Lands of Bigler 4-lot Subdivision prepared by ES Geotechnologies dated March 2009," and a Geologic Review Letter prepared by Cotton, Shires & Associates, Inc. dated August 28, 2009. 5. EXISTING STRUCTURES,VEHICLES, PROPERTY MAINTENANCE Prior to final map approval, the applicant shall coordinate with the Community Development Department and Code Enforcement Division to remove trash, debris and illegally parked vehicles as soon as practical. All existing houses and structures shall be secured from further vandalism and nuisances. Prior to final map approval, the applicant shall work with the Community Development Department to develop a schedule with reasonable timelines for the rehabilitation of the Resolution No. 6570 TM-2009-02 October 27, 2009 Page 3 existing buildings and structures that are slated by the applicant for retention. All other buildings and structures that violate zoning ordinances or are slated by the applicant for removal shall be demolished and the debris removed prior to final map approval. 6. TREE PROTECTION Final map improvement plans shall incorporate the tree protection measures outlined in a Review Letter prepared by David Babby dated August 22, 2008. 7. COVENANT NOTIFICATION FOR ADDITIONAL GEOLOGIC REVIEW FOR NEW RESIDENCES At final map recordation, the subdivider shall record a covenant on each lot notifying interested parties that additional geotechnical siudies for each of the four lots are required prior to building permit approval. The siudies should comply with recommendations outlined in a Geologic Review Letter prepared by Cotton, Shires & Associates, dated August 28, 2009. 8. CONSTRUCTION MANAGEMENT PLAN Final map improvement plans shall include a construction management plan detailing how construction activities will be conducted. The plan shall address, but not be limited to the following activities: • Construction staging area • Construction schedule and hours • Construction phasing plan,if any • Contractor parking area • Tree preservation/protection plan • Site dust, noise and storm run-off management plan • Emergency and construction site manager contacts 9. ALTERNATIVE SOUTHERN DRIVEWAY ALIGNMENT The southern driveway alignment depicted in the Exhibit entitled: "Tentative Map, LANDS OF BIGLER,4 LOT SUBDIVISION, 22045 REGNART ROAD APN: 366-46-004, Cupertino, CALIFORNIA", dated Oct. 2009 and labeled 3 of 6, is subject to the review and approval of the Cupertino Community Development and Public Works Departments and the Santa Clara County Fire Department. The selection and subsequent implementation of the driveway alignment depicted on the Sept. 2009 or Oct. 2009 dated tentative map sheets (no. 3 of 6 sheets) is at the discretion of the applicant. 10. STAGING AREA FOR GARBAGE AND MAIL PICKUP The subdivision map shall include an adequately sized and improved area at the Regnart Road frontage designed for the pickup of garbage and recycling receptacles and mail for at least four residences. The design shall be approved at the Final Map stage. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 11. STREET WIDENING Street widening and associated improvements shall be provided in accordance with City Standards and specifications as required by the City Engineer. Resolution No. 6570 TM-2009-02 October 27, 2009 Page 4 12. 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. 13. STREET LIGHTING INSTALLATION If street lighting is required, 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. 14. 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. 15. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post development/storm drain calculations must be provided to indicate whether additional storm water control measures are to be installed. See also conditions #21 and 22. 16. 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. 17. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 18. 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 $2,385.00 min. b. Grading Permit: � $6% of Site Improvement Cost or $2,239.00 min. c. Development Maintenance Deposit: $2,000.00 d. Storm Drainage Fee: $TBD e. Power Cost: To be determined if required f. Map Checking Fees: $3,638.00 g. Park Fees: $TBD Resolution No. 6570 TM-2009-02 October 27, 2009 Page 5 h. Street Tree By Developer Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements 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. 19. 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. 20. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 21. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 22. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS The applicant must include the use and maintenance of site design, source conh ol 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 treatment BMP's are required. The BMP's must be coordinated to address the storm water drainage from all four lots and be designed to address new storm runoff and a substantial portion of existing storm runoff from the subject property. 23. EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This land should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 24. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. Resolution No. 6570 TM-2009-02 October 27, 2009 Page 6 25. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 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 - Cl��c.c � us Ralph Qualls, Director of Public o s City Engineer CA License 22046 PASSED AND ADOPTED this 27t1i day of October 2009, at a Regular Meeting of the Planning Coinmission of the City of Cupertino,State of California,by the following roll call vote: AYES: COMMISSIONERS: Kaneda, Lee, Miller,Vice-Chair Brophy NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Chairperson Giefer ATTEST: APPROVED: � ��� ` Aarti Shrivastava, Director Paul Brophy, 'c Chai Community Development Department Planning Co ' ion G:�Pla�tni�ig�PDReport�Res\2009�TM-2009-02.doc