Reso 6453 U-2007-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6453
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
USE PERMIT TO CONSTRUCT FOUR SINGLE FAMILY RESIDENTIAL UNITS AT
10630 LINNET LANE
SECTION I: PROTECT DESCRIPTION
Application No.: U-2007-01 (EA-2007-01)
Applicant (s): Frank Ho (Tony Baig)
Property Location: 10630 Linnet Lane
SECTION II: FINDINGS
jNHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, 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. The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the
Cupertino General Plan, the Vallco Development Agreement and the purpose of this
title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. U-2007-01 is hereby approved; 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 U-2007-01, as set forth in the Minutes of the Planning Commission Meeting
of Apri124, 2007 and are incorporated by reference herein.
Resolution No. 6453 U-2007-01 Apri124, 2007
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on plan set "Linnet Subdivision, Cupertino, California" stamped
"Received April 16, 2007", consisting of 14 pages labeled A0.0, A0.1, A1.0, A1.1,
A2.1, A2.2, A3.0, A3.1, A4.0, A4.1, A5.0, T1.1, T1.2 and four color elevations labeled
E-1 to E-4, except as amended by the Conditions contained in this Resolution.
2. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 3 units of the 170 residential units
allocated for the North Vallco Park Area.
3. DEVELOPMENT APPROVAL
Approval is granted to construct 4 units.
4. SHARED ACCESS DRIVEWAY
The proposed shared access driveway shall be fully installed and constructed to the
satisfaction of the Public Works Department prior to the issuance of final occupancy.
5. TREE REMOVAL AND REPLANTING
Tree removal: Approval is granted to remove six trees from the site. Trees 11, 13, 15,
16, 19, 18, 20 & 21 are approved to be removed. Trees 10, 12, 14 & 17 are to be
retained and protected per the arborist's recommendations in the arborist report
dated February 22, 2007.
In the event that any of the protected trees must be removed during the construction
process due to reasons deemed appropriate by the Director of Community
Development, then comparable diameter replacement tree(s) or field grown tree(s)
shall be planted at the same location or at locations visible to the public at the
discretion of the Director.
Tree Miti a� tion: The following five trees shall be planted to mitigate the tree
removal.
1. One 48-inch box valley oak tree along the western property line of Lot 1
2. One 48-inch box valley oak tree along the western property line of Lot 2,
3. One 48-inch box redwood along the southern property line of Lot 3,
4. One 48-inch box redwood in the northeastern corner of Lot 4, and
5. One 24-inch box redwood along the southern property line of Lot 2 between ,
trees 14 and 17.
Tree protection plan: As part of the building permit drawings, a tree protection plan
shall be prepared by a certified arborist for the trees to be retained. In addition, the
following measures shall be added to the protection plan:
■ For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
■ No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
Resolution No. 6453 U-2007-01 April 24,2007
Page 3
■ No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist
shall be consulted before any trenching or root cutting beneath the dripline of
the tree.
■ Wood chip mulch shall be evenly spread inside the tree projection fence to a
four-inch depth.
■ Tree protection conditions shall be posted on the tree protection barriers.
■ Retained trees shall be watered to maintain them in good health.
■ A covenant on the property shall be recorded that identifies all the protected
trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. A report ascertaining the good health
of the trees mentioned above shall be provided prior to issuance of final occupancy.
Tree protection bond: A tree protection bond in the amount of $30,000 for all the
trees being retained shall be provided prior to issuance of building permits.
6. LOT 2 FOUNDATION
The applicant shall provide plans prior to issuance of building permits that show
that the foundation of the house and the garage is on pier and above-grade bean
foundation within 20 feet of its trunk. �
7. NOISE
The applicant shall implement the following measures:
a. The residential units shall have windows with STC ratings of glazing of a
minimum of 26.
b. Exterior doors shall be solid core with perimeter seals.
c. All frames and seals shall be thoroughly caulked and weather-stripped to
prevent air leaks type transmission of sound.
d. Exhaust ducting at kitchens and bathrooms shall be fitted with acoustical
absorbent linings.
Prior to final occupancy, the applicant shall prepare an acoustical report by a
licensed acoustical engineer to demonstrate compliance with the Cupertino General
Plan. All residential units shall be subject to good quality construction practices and
installation of equipment, including sealing of doors, windows, frames and casings
to ensure that the interior average day/night noise level does not exceed 45 dBA
Ldn.
8. 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
Resolution No. 6453 U-2007-01 Apri124,2007
Page 4
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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
9. OFF SITE IMPROVEMENTS
Curbs and gutters, sidewalks, streetlights, street widening and related structures
shall be installed in accordance with grades and standards as specified by the City
Engineer.
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.
10. 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.
11. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
'�Pre and Post-development calculations must be provided.
12. 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
under�round whether the lines are new or existin� 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.
13. 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 Fee: $6% of On Site Improvement Costs or
$2,060.00 minimum
b. Checking and Inspection Fee: $5% of Off Site Improvement Costs or
$2,194.00 minimum
Resolution No. 6453 U-2007-01 April 24,2007
Page 5
c. Development Maintenance Deposit: $2,000.00
d. Storm Drainage Fee: $670.80
e. Power Cost: **
f. Map Checking Fees: $3,348.00
g. Park Fees: $47,250.00
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
14. EASEMENTS
The applicant must obtain written approval from each �utility company (PG&E,
California Water, Cupertino Sanitary District), Santa Clara County Fire and City of
Cupertino to determine the type and location of easements on said parcel map. -
15. BEST MANAGEMENT PRACTICES �
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil.
16. 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 best management practices (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
owners(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. .
Resolution No. 6453 U-2007-01 Apri124, 2007
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
y2 � C.�u a G�!
Ralph Qualls, Director of Public s
City Engineer CA License 22046
PASSED AND ADOI'TED this 24th day of Apri12007, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Chien, Miller
Wong, Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:..-
. __ � � %, �
Steve iasecki 'sa Gie a rpers
Director of Community Development Planning Commission
G:�Pianning�PDReport\Res�2007�U-2007-01.doc