Reso 6640 TM-2011-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6640
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE 0.30 ACRE
INTO FOUR RESIDENTIAL LOTS AND TWO COMMON AREA LOTS FOR A SINGLE-FAMILY
RESIDENTIAL DEVELOPMENT ON CLEO AVENUE (APN 362-31-004)
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative
Subdivision 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 nor substantially and unavoidably 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.
7) The proposed project is categorically exempt from the California Environmental Quality Act and the
National Environmental Policy Act.
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 Subdivision Map, file no. TM-2011-01, 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-2011-01 as set forth in the
Minutes of the Planning Commission Meeting of June 14, 2011, and are incorporated by reference as
though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2011-01
Applicant: Chris Weaver (for Habitat for Humanity Silicon Valley)
Location: Cleo Avenue (APN 362-31-004)
Resolution No. 6640 TM-2011-01 June 14,2011
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on plan sets titled "Tentative Map/Cleo Avenue Project/4 Unit Residential
Subdivisiori', dated May 18, 2011,consisting of sheets labeled TM1, T1, C1 & C2, a Proximity Map, a
Right-of-Way Dedication exhibit, and a color rendering showing potential new home design, 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 constiiute 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. All demolished buildings and site materials shall be recycled to the maximum extent
feasible. The applicant shall provide evidence that materials will be recycled prior to issuance of
demolition permit.
4. STORM DRAINAGE &UTILITIY EASEMENTS
At the final subdivision map stage, the applicant shall provide other easements as needed for
routing of storm drainage and private utilities.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
5. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
6. 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.
7. 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.
8. 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.
Resolution No. 6640 TM-2011-01 June 14,2011
9. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre-and post-
development hydraulic calculations must be provided to indicate whether additional storm water
control measures are to be constructed or renovated. The storm drain system may include,but is
not limited to, subsurface storage of peak storm water flows (as needed),bioretention basins,
vegetated swales, and hydrodynamic separators to reduce the amount of runoff of the site and
improve water quality. The storm drain system shall be designed to detain water on-site (e.g.,via
buried pipes) as necessary to avoid an increase of one percent flood water surface elevation of the
culvert to the satisfaction of the City Engineer.
10. 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.
11. 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.
12. 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: $Per current fee schedule
b. Grading Permit: $Per current fee schedule
c. Development Maintenance Deposit: $3,000.00
d. Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: $Per current fee schedule
g. Park Fees: $Per current fee schedule
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor&Material Bond: 100% of Off-site and On-site Improvement
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.
Resolution No. 6640 TM-2011-01 June 14,2011
13. 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.
14. 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.
15. NPDES CONSTRUCTION GENERAL PERMIT
The developer 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.
16. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or
more of impervious surface (collectively over the entire project site). The developer shall reserve a
minimum of 4% of developable surface area for the placement of low impact development measures,
for storm water treatment, on the tentative map,unless an alternative storm water treatment plan,
that satisfies C.3 requirements,is approved by the City Engineer.
The developer must include the use and maintenance of site design, source control and storm water
treatment Best Management Practices (BMPs),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 BMPs are each required.
All storm water management plans are required to obtain certification from a City approved third
party reviewer.
17. 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.
18. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all
grading/erosion control work in conjunction with this project.
19. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
20. OPERATIONS&MAINTENANCE AGREEMENT
The developer shall enter into an Operations &Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include,but is not limited to, sidewalk,
pavers,and street lights.
Resolution No.6640 TM-2011-01 June 14,2011
21. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department is needed prior to obtaining a building
permit.
22. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
23. 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.
24. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
25. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
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. SANTA CLARA WATER DISTRICT CLEARANCE
Provide Santa Clara 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.
28. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
29. 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.
30. SAN TOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval before recordation of the final map.
31. DEDICATION OF WATERLINES
The developer shall dedicate to the San Jose Water Company all waterlines and appurtenances
installed to their standards and shall reach an agreement with San Jose Water Company for water
service to the subject development.
Resolution No. 6640 TM-2011-01 June 14,2011
32. OTHER AGENCY CLEARANCES
Provide all necessary clearances and approvals from other agencies (both public and private) before
recordation of the final map.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDITIONS
(Section 66474.10 of the Califorrua Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution
conform to generally accepted engineering practices
imm Borden, Director of Public Works
City Engineer CA License 45512
PASSED AND ADOPTED this 14� day of June 2011, at a Regular Meeting of the Planning Commission
of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee,Vice Chair Miller, Brophy,Sun, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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ar �i Winnie Lee, Cha
City Planner Planning Commissio