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Reso 6682 TM-2012-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO. 6682 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE 1.14 ACRE INTO FIVE RESIDENTIAL LOTS RANGING FROM 7,040 TO 11,096 SQUARE FEET AT THE WESTERN TERMINUS OF BOLLINGER ROAD (APN 359-22-077) SECTION I: FINDINGS WHEREAS, the Planning Conunission 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 is 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 recommended to have a Negative Declaration, that is a finding of no significant environmental impacts under the California Environmental Quality 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-2012-01, is hereby recommended for approval, 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-2012-01 as set forth in the Minutes of the Planning Commission Meeting of March 27, 2012, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: TM-2012-01 Applicant: Mike McClellan (for Lands of Jauch Trust) Resolution No. 6682 TM-2012-01 March 27,2012 Location: Western Terminus of Bollinger Road (APN 359-22-077) SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Exhibits titled: "TENTATIVE MAP/BOLLINGER ROAD, CUPERTINO/APN 359-22-77" prepared by Westfall Engineers, Inc. dated March 6, 2012 and consisting of four sheets labeled 1 through 4, 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 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 or 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. TREE PROTECTION At the final subdivision map stage, the applicant shall provide tree protection fencing dimensions and details with the grading and improvement plans. A more detailed tree protection plan prepared by an internationally certified arborist shall be submitted in conjunction with residential development applications for the affected individual lots. Protection fencing and tree protection plan details shall be in accordance with the recommendations of the City Arborist report prepared by Michael L. Bench, Consulting Arborist, dated January 10, 2012,for this project. 5. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: a) Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. e) The applicant shall incorporate the City's construction best management practices into the building permit plan set. Resolution No. 6682 TM-2012-01 March 27,2012 6. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 5 units of the residential allocations from the "Other Residential Neighborhoods." 7. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. V-2012-01 shall be applicable to this approval. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 8. STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 9. 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. 10. 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. 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. 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 stormwater flows (as needed), low impact development facilities, or other approved means, to reduce the amount of runoff from the site and to improve storm water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes or storage structures) as necessary to avoid an increase of one percent flood water surface elevation of the culvert to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. Hydro-modification measures may be required as directed by the Municipal Regional Permit. 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 Resolution No.6682 TM-2012-01 March 27,2012 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 ($2,542.00 or 5%) b. Grading Permit: $Per current fee schedule ($2,387.00 or 6%) c. Development Maintenance Deposit: $3,000.00 d. Storm Drainage Fee: $TBD e. Power Cost: ** f. Map Checking Fees: $Per current fee schedule ($8,052.00) g. Park Fees: $Per current fee schedule ($78,750.00) 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. 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 transformer 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 disiurbs soil. BMP plans shall be included in grading and street improvement plans. 17. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, 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 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 Resolution No. 6682 TM-2012-01 March 27,2012 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. 19. 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. 20. 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. 21. 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. 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. Clearance by the Public Works Department is needed prior to obtaining a building permit. 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. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125. 26. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 27. 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. 28. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 29. SAN TOSE WATER COMPANY CLEARANCE Provide San Jose Water Company approval before issuance of a building permit. Resolution No. 6682 TM-2012-01 March 27,2012 30. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 31. 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. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.10 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 mm Borden, Director of Public Works City Engineer CA License 45512 PASSED AND ADOPTED this 27�day of March 2012, at a Regular Meeting of the Planning Coinmission of the City of Cupertino,State of California,by the following roll call vote: AYES: COMMISSIONERS: Vice Chair Sun, Brophy, Brownley, Lee NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: Chair Miller ABSENT: COMMISSIONERS: none ATTEST: APPROVED: rivastava Don Sun,Vice Chair Community Development Director Planning Cominission G:Planning/PDREPORT/PC TM Reports/2012/TM-2012-Ol.doc