Reso 6572 TM-2009-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6572
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENTATIVE PARCEL MAP TO SUBDIVIDE ONE PARCEL INTO THREE LOTS RANGING IN
SIZE FROM 12,049 SQUARE FEET TO 14,470 SQUARE FEET
SECTION I: FINDINGS
WHEREAS, the Planning Corninission 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-2009-03, 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-2009-03 as set
forth in the Minutes of the Planning Coinmission Meeting of October 27, 2009, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6572 TM-2009-03 October 27, 2009
Page 2
SECTION II: PR0IECT DESCRIPTION
Application No.: TM-2009-03
Applicant: Brian Kelly, Kelly Gordon Development
Location: 10231 Amelia Court
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on plan sets titled "Tentative Parcel Map, 10231 Amelia Court,
Cupertino, CA, APN: 326-17-017", dated July 2009 on Pages 1 and 3, and dated August 25,
2009 on Page 2, consisting of three sheets labeled 1 through 3, 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. FUTURE SINGLE-FAMILY RESIDENTIAL DESIGN REVIEW
The architectural design of the future single-family residences on Lots 1, 2 and 3 shall
demonstrate that the garages will be set back to promote visibility of the living areas of the
homes along the street frontages from Amelia Court and Ainsworth Drive to the
satisfacHon and approval of the Director of Community Development. Any proposed two-
story residence shall require site and architectural approval of a two-story residential
permit per Section 19.28 of the Single-Family Residential (R1) Zoning Ordinance.
4. LOT 2 SETBACKS
The side setback along the northern property line shall be a minimum of 15 feet and the
minimum side yard setback for the south side shall be a minimum of five (5) feet. A
covenant shall be recorded on the property disclosing these setback requirements on Lot 2
to future property owners.
5. DEMOLITION OF STRUCTURES
Prior to recordation of the final map, the applicant shall demolish and remove all structures
on the property.
6. EASEMENTS
Prior to recordation of the final map, the applicant shall record appropriate deed
restrictions and covenants running with the land, subject to approval of the City Attorney,
for reciprocal ingress/egress easements and private roadway access. The deed restriction
shall provide for necessary reciprocal ingress and egress pedestrian and vehicular
easements to and from the affected parcels.
Resolution No. 6572 TM-2009-03 October 27, 2009
Page 3
7. PUBLIC ACCESS EASEMENT
Prior to final map, the applicant shall record a public access easement over the sidewalks
along Lots 1, 2 and the frontage along Varian Park on Amelia Court. The agreement shall be
subject to review and approval as to form and content by the City Attorney.
8. MAINTENANCE AGREEMENT
Prior to final map, the applicant shall record a covenant and deed restriction running with
the land obligating the existing and future property owners of Lots 1 and 2 to maintain the
improvements (curb, gutter, sidewalk, private street) on Amelia Court, and leaving Amelia
Court free of debris, weeds and other obstructions.
9. TREE PROTECTION
No trees shall be removed and/or relocated from the subject property until a tree removal
permit is obtained in conjunction with the site and architectural review and approval of the
future single-family residences for the relocation and transplanting of any protected trees
on site. The tree removal permit application shall not be filed prior to filing of applications
for the site and architectural review for the future single-family residences.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
10. STREET WIDENING
Street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
11. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related struciures shall be installed in accordance with
grades and standards as specified by the City Engineer.
12. 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.
13. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
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 calculations must be provided to indicate whether additional storm water
control measures are to be installed.
Resolution No. 6572 TM-2009-03 October 27, 2009
Page 4
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. 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: $ 6% of Off-Site Improvement Cost or $3,9820.00
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: $3,765.00
g. Park Fees: N/A
h. Street Tree 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 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.
18. 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 transformer shall not be located in
the front or side building setback area.
19. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disiurbs soil. BMP plans shall be included
in grading and street improvement plans.
Resolution No. 6572 TM-2009-03 October 27, 2009
Page 5
20. DEDICATION OF WATERLINES
The applicant shall dedicate to the City all waterlines and appurtances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the
subject development.
21. 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.
22. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
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 treatment BMP's are required.
23. 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.
24. 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.
25. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager.
26. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in
regards to refuse truck access for the proposed development.
27. C.3 REQUIREMENTS
C.3 is required for project creating or replacing 10,000 square foot or more impervious
surface. Project is required to fill out C.3 Impervious Surface Form. Provide Low Impact
Development measures.
Resolution No. 6572 TM-2009-03 October 27, 2009
Page 6
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
� u
Ralph Qualls, Director of Public ks
City Engineer CA License 22046
PASSED AND ADOPTED this 27th day of October 2009, at a Regular Meeting of the Planning
Cornmission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Brophy, Kaneda, Miller, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chairperson Giefer
ATTEST: APPROVED:
Aarti Shrivastava, Director Pa 1 Brophy, 'c -Ch i
Community Development Department Planning Co i sio
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