Reso 6736 TM-2014-01
�-�`� CITY'OF CIJPERTINO
�.-J 10300 Torre Averiue
Cupertino, Cali.fornia 95014
RESOLUTION NO. 6736
OF THE PLANNTNG COIVIIVIISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
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OF A TENTATIVE MAP TO SUBDIVIDE A .62 NET ACRE PARCEL INTO SIX RESIDENTIAL�LOTS
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AND OlVE COMMON AREA LOT LOCATED AT 10121 N.FOOTHILL BLVD '
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SECTION I: 'PROTECT DESGRIPTION' �
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Application No.: T1VI 2014-01 �, ., ,: :
Applicant:, ` Tate Developmerit _. �
Property Owner: Footl-lill Auto Service &Detail,:Inc.
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Location: 10121 N. Foothill Boulevard (APN 342=32-070)
SECTION II: FINIDINGS FOR A TENTATNE 1VIAP:' � .
WHEREAS, the Plai�uzulg Con�unission of the City of Cupertino received an application for a Tentative
Map as described in Section I. of this Resolution;and
� WHEREAS,.the Environmental Review Coi�-unittee has recommended adoption of a Mitigated Negative
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Declarafion;and . _
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>. TNHEREAS;, the riecessary public notices have been`giveri'as required by the Procedural Ordinaiice of
the City of Cupertino, and the P1ai�u1ulg.Co�n�nissiori has held at leasf one public hearing in regard to
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t11e applicatiori; and ` ,, �
WHEREAS,the applicant has met the burden of proof required to support said application; and
, WHEREAS,the Pla��u.zuzg Coxrunission finds as follows with regard to fihis application:
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a. That the proposed subdivision map is consistent with the City of Cupertino General PIan:'
The proposed'tentative niap is in confo��mance with the General Plan Land Use Map of tlie City:of Cupertino,
since it is consistent with the existing land use designation (ComrrceYcial/Residential).` In addition, the
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' subdivision c�esign"is`consistent with General Policies that encourage development to actavate�streetscapes; be
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oriented to"public streets, and avoid walls and gates tliat isolate developments fi�oan the'community:` :
b. That the design and improvemenfs of the proposed'subdivision are consistent �vith the General
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Plan: .
The subdivision design and improve�nents are in conformance zvith the General Plan: The iinprovements will
enhance pedestrian and vehicular safety and maximize site landscaping and permeability. :
� c. That the site is physically suitable for the type and intensity of development contemplated under the
approved subdivision.
Resolution No.6736 TM-2014-01 Apri122,2014
The property involved is physically suitable in size and shape to conform to development standards and is �
appropriately configured to accommodate reasonable single family dwelling units and workspaces. The
proposed subdivision is compatible with the adjoining land uses and no physical constraints are present that
would conflict with anticipated land use development.
d. That the site is physically suitable for the proposed density of development.
The property involved is physically suitable in size and shape to conform to development standards and is
appropriately configured to accommodate reasonable single family dwelling units and workspaces. The
proposed density is 6.89 dwelling units per acre, where 15 dwelling units per acre are allowed.
e. 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.
The proposed subdivision design is not likely to cause substantial environmental damage nor substantially and
unavoidably injure fish and wildlife or their habitat; mitigation measures related to biological resources will be
incorporated as part of the CEQA review process to mitigate potential impacts to a less than significant level.
f. That the design of the subdivision or the type of improvements associated there with is not likely to
cause serious public health problems.
The proposed subdivision design or type of improvements associated there with is not likely to cause serious
public health problems, as relevant mitigation measures will be incorporated as part of the CEQA review
process to mitigate potential impacts to a less than significant level.
g. 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.
The proposed subdivision design or type of improvements will not conflict with easements acquired by the
public at large for access through or use of property within the proposed subdivision; a portion of the property
will be dedicated to the City for street frontage improvements, and a private road is proposed for access to the
lots created by the proposed subdivision.
NOW, THEREFORE,BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, e�chibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof,:
A Mitigated Negative Declaration (Application no. EA-2014-01) is hereby recommended for adoption;
and the application for a Tentative Map, Application no. TM-2014-01 is hereby recommended for
approval 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-2014-01 as set forth
in the Minutes of Planning Commission Meeting of Apri122, 2014, and are incorporated by reference as
though fully set forth herein.
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ResolutionNo.6736 TM-2014-01 April 22,2014
SECTION III: CONDITIONS ADMINISTERED BY THE COIVIIVIUNITY DEVELOPMENT.DEI'T: '
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�laa�ni�g�ivision:
1. APPROVED EXHIBITS
Approval recommendation is based on the Tentative Map sheet labeled TM in the plan set received
Apri116, 2014 consisting of 39 sheets labeled AO-A19,AL1.1-AL1-4, C1-05,TM,L0,L0.1,L0.2,L1;L2,
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L2.1, and L2.2, entitled, "Foothill Blvd PUD, 10121 N Foothill Slvd., Cupertino, CA 95014," drawn by
Modative, SMP Engineers, and Miriam Rainville; except as may be amended by,conditions in this
resolution. _.
2. ACCURACY OF PROTECT PLANS ' -
The applicant/property owner is responsible to verify'all pertinent property dafa including but not
lnYi:ited fo property boundary'locations; bu�ldirig setbacks;'property size,'building square-footage,
any relevant easements and/or constructiori records. Any xnisrepresentation of any property`data
rnay invalidate this approval'and may require additio'nal review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z-2014-01, DP-2014-02, ASA-2014-02, and TR-2014-
08 shall be applicable to this approval. ` '
4:.-TENTATNE MAP-APPROVAL ,
Tentative Map:approval is granted to subdivide a .62 net acre parcel into seven lots as deseribed
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Lot 1 (Home 1 and works�ace): 4,750 s.f. (.10 acres)
Lo.t 2° ,Home 2;and'works�aae):3,603 s.f.:(,08 acres) - :
Lot 3�(Home 3 and works�ace):3,603 s.f. (:08 acres)
Lot 4 Home 4.and works�ace): 3,103 s.f. (.07 acres) _
Lot 5 (Home 5 and workspace): 3,177 s.f. (.07 acres)
Lot 6 (Home 6�4,119 s.f. (.09 acres) -
Lot�7 ,Commori areal:4,290 s.f. (.09 acres) ' -
5. FORMA'I'ION OF A HOMEOWNERS ASSOCIATION (HOA)-AND CQVENANTS; CONDITIONS,
AND RESTRICTIONS (CC&Rs�
A`Homeowner's Association shall be formed to maintain the `common areas of the property' The
Coiiditions; Covenants=>aizd Restrictions`(CC&Rs) s11all be revi:ewed and approved by= the`City'
Attorney and:the"Director of Commuility Uevelopment prior fo'recordation of fiilal map: A de'posit
determuied by staff shall be provided for the City Aftorney's review. The CC&Rs shall include;but
not be limited to the following terms:
a. The members/board shall meet at a minimum of once/year �
b.°The Association dues s11all cover:
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i. 1Vlainteriance`of common area on the property.including driveways, wallcways, hardscaping,
` parking, Iandscaping and accessory items, such as trash bins/areas, on and off-site landscaping
aand trees, outside irash bins,fences, etc,
ii. Building and` site repair on a regular' schedule, or as` otherwise necessary, arid building
renovation and replacement as necessary.
Resolution No.6736 TM-2014-01 Apri122,2014
c. Private roadway and driveway maintenance
d. Protection and maintenance of perimeter privacy trees/shrubs �
e. Any changes to the CC&R's must be reviewed and approved by the City
f. Disbanding of the Association shall require an amendment to the development permit.
g. Usage of workspaces
h. Permitted and prohibited workspace uses
i. Workspace performance standards
j. Signage for the workspaces
k. Procedures for maintenance in the City's right-of-way
1. Procedures for architectural and site modifications
i. Environmental mitigation monitoring
j. Compliance with other project conditions of approval
k. Trash Management: The HOA shall fund the City's time in monitoring the site and the street on
collection days to see what impact the work spaces have on the neighborhood, the traffic, and the
containment of the trash/recycling and organics using toters in a relatively dense configuration.
Additional measures, including,but not limited to, construction of a trash enclosure, may be
required if problems persist.
6. ROAD MAINTENANCE AGREEMENT:
A reciprocal maintenance agreement shall be required for all parcels which share a common private
drive or private roadway with one or more parcels. Said agreement shall be recorded in conjunction
with recordation of the final mav, and shall be subject to prior approval as to form and content of �
the City Attorney.
7. DEMOLITION OF STRUCTURES
Prior to recordation of the final man, 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.
8. EXPIRATTON
The approval or conditional approval of a tentative subdivision map shall expire thirty-six (36)
months from the date of City Council approval. An extension or extensions may be approved as
provided in Section 18.20.080, or when required by the Subdivision Map Act.
9. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
10. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in �
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Resolution No.6736 TM-2014-01 + Apri122;2014
deferise of the litigation. The City may, in its soie discretion, elect to defend any such action-with
� attorneys of its choice.
11. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS
The Gonditions of Project Approval set< forth lierein, may include certain fees, dedication
requirements;reservafion requirements,,and ofher exact�ons. Pursuant to Government Code Section
66020(d) (1), tliese: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 Governxrient Code Sectiori 66020(a);has begun. Tf you
` fail`to file a 'p'rotest witliin this' 90-day period complying'with 'all of the requirements` of Section
' ' 66020,you will be legallybarred from later challerigiiig'such exactions. `
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SECTION.IV: -CONDITIONS ADMINIS.TE�RED BY THE.PUBLIC WORKS DEPARTMENT
1. . STREET WIDENING , � ,:,. . _
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Public st-reet .widening and dedications.shall be provided in accordance with City Standards and
s ecificat�ons and as re uired b
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The proposed detached sidewallc on Foofhill Blvd will require 3' of dedicatiori along t11e project
frontage. It is not acceptable fo reduce the pavement width to achieve the 11' wide landscape and
sidewall<area. No narrowing of Foothill B1Vd will be permitted.
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� 2. STREET IMI'ROVEIVIENTS
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Curbs and ' 'tters `drivewa `s sidewallcs avemenf and related structures shall be instalTed in
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accordance wifh"grades and standards as specified by the City Engineer.
�, Project shall const-ruct two new ADA ramps at the northwest and southwest corners of_the Foothill-
Blvd/Silyer Oak Way intersec�ion and improve up to half of street along'�Yie project frontage on'
Silver"Oak Way and Foothill Blvd.
� Project shall extend�a new-storm drain rnain west from FoothillBlvd along Silver 0ak V1lay to'serve
the`project. No connection to the back of the existing catch basixi tivil] be permitted. In aciditiori;the
ro'ect shall construct a storm drain on Silver Oak Way.
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3. PEDESTRIAN ANID BICYCLE IlVIPROVEMENTS -
Developer shall provide pedestrian and bicycle related improvements consistent with tlze'Cuperfiuzo
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Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approve'd by the
City Engineer.
The Cify Engineer shall:have the final authority to approve the proposed pedestrian improvement at
Footivll Blvd & Silver Oak Way. I£the proposed bulb-out is approved; additional improvements
may be required such as storxn inlet and lateral to address drainage.
I'� 4. STREET LIGHTING INSTALLATION , ;; . . :
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Street Iighting 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
Resolution No.6736 TM-2014-01 Apri122,2014
properties, and shall be no higher than the maximum height permitted by the zone in which the site �
is located.
5. 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.
6. 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), bioretention basins,
vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and
improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via
buried pipes, retention systems or other approved systems and improvements) as necessary to avoid
an increase of the ten percent flood water surface elevation 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.
7. UNDERGROUND UTILITIES
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. 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.
8. 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 ($2,707 or 5%)
b. Grading Permit: $Per current fee schedule ($2,542.00 or 6%)
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: $Per current fee schedule ($8,213.00)
g. Park Fees: $Per current fee schedule ($9,000 per unit)
h. Street Tree $338 per tree to be installed by City
*�' 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
Resolution No.6736 TM-2014-OT April 22,2014
Labor&Material Sond: 100%of Off-site and On-sife Improvement
� On-site Grading Sond: 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 xnay be modified at the time of recordation-of a final
map or issuance of a building permit in the event-of sa'id change or changes, the fees changed at that
time will reflect fhe then current fee schedule.
9. TRANSFORMERS
. Elecirieal fransformers, Eelephone cabinets :and similar'equipment shall be placed in underground
vaults. The developer must receive written approval from both the Public Works Deparfinent and
� the Communi Develo ment Department prior to installation of any above ground equipment.
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Should above ground equipment be permitted. by the City, equipment and enclosures shall be
screened`with fericin and Iandsca in su`ch thaf'said e ui ment is not visible from ublic street
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areas; as` determined by the `Community Development Department. Transformers shall not be
located in the front or side building`setback area.
10. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed
away from the public right of way and site driveways fo a location approved by the Cupertino
Pla��xiing Depariment, Santa Clara County Fire IDepar'tinenf`and the water company.
� 11. BEST-MANAGEMENT PRACTICES "
' Utilize Best Management Practices (BMPs), as required by the State Wafer Resources Control Board,
for construction activify, which disturbs soil. BMP plans shall be included in" grading and:street
improvement plans.
12. 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 (PMPs)to
` control storrri-water runoff quality,'and BIVIP inspection and maintenance. ' '`
13. C:3 REQUIRElVIENTS_
; C.3,regulated improvements are required for ail projects.-creating and/or replacing 10,000 S.F: or
more of;irnpervious surface (collectively over the enti.re 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, wlless an alternative storm wafer
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 desigried per approved numeric
sizing criteria. A Storm Water Management Plan, Sform Water Facilifies Easement Agreement, ',
Storm Water Facilities Operation and IVlaintenance Agreement, and certification of ongoing �
� operation and maintenance of treatment BIVIPs are each reqtured.
Resolution No.6736 TM-2014-01 Apri122,2014
All storxn water management plans are required to obtain certification from a City approved third
party reviewer. �
14. EROSION CONTROL PLAN
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.
15. 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.
16. OPERATTONS&MAINTENANCE AGREEMENT
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.
17. 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 (MLTTCD) standards for all signage and striping work throughout
the City.
18. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
19. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the storm water reaches the City owned storm drain system and
storm inlets in the street adjacent to the project, to the satisfaction of the City Engineer. A full
capture system or device is a single device or series of devices that traps all particles retained by a 5
mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting
from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional Permit
section C.10 for further information/requirements).
20. TRASH MANAGEMENT
The proposed pilot trash management plan must be designed to the satisfaction of the
Environmental Programs Manager. Additional off-street parking maybe reduced to accommodate
the requirements. Clearance by the Public Works Department is needed prior to obtaining a
building permit. The following is required:
a. Since this group of homes may have five home businesses, at a minimum Homes 1-5 shall be �
able to provide an extra 64-gallon recycling bin for each"work area" (in addition to the bins for
each home).
Resolution-No:6736 TM-2014-01 ' Apri122,>2014
b. There shall be spaces drawn on the plan showing the spaces for 23 toters (18 regular+5
� `.additional for workspaces) to be stored once weekly:on the street.
c. Suice this project would normally be required-to have a`trash enclosure,the HOA shall fund the �
City's time in monitoring the site and the street on collection day to see what impact the work
spaces have on the neighborhood, the traffic, and the containment of the trash/recycling and __
�, organics using toters in a relatively dense configuration.Additional measures, including,but not
�I `limited to; construction of a trash enclosure,may be required 'if problems persist.
21. REFUSE TRUCK ACCESS
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Developer must obtain clearance from the Environmental Programs Manager in regards to refuse
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, t"ruck access for the proposed development.` ' '`' ' '
', 22. STREET TREES ; . .
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Street frees-shall be-.planted within the Public Right of.Way to the satisfaction of the City Eizgineer
and sha]I be of a type approved by the City:in accordarice with Ordinance No. 125.
23. FIRE PROTECTION
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Fire:spriiiklers;shall be installed in any new;construetion to the;approval of the,City,
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24. SANTA'CLARA COUNTY FI12E DEPARTMENT
- A letter of clearance for the project shall be obtained from the Santa Glara County;Fire Deparfinent
prior to issuance of building'permits. Clearance should include written approval of the location of
� any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically
Sackflow Preventers should be located on private property ad�acent to the pubhc xighf of way, and
fire department connections must be located within 100' of a Fire Hydrant).
25. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Departrnent as
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26. SAN TOSE"WATER COMPANY CLEARANCE
Provide San Jose Water Company approvaI for water conneetion, service capability and location and:
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layout of water lines and backfl'ow prevenfers before issuance of a building permit approvaL
27. DEDICATION OF WATERLINES
Developer shall dedicate to the City all water mains and appurtenances installed to Cify Standards.
The developer shall reach an agreement with San jose Water Company for water service to fhe
subject development.
28. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all righfs to pump; take or otherwise extract water from the
underground basin or any underground strata in the Santa Clara Valley.
29. SANITARY DISTRICT
� A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
'issuance of building permits.
Resolution No.6736 TM-2014-01 Apri122,2014
30. UTILITY EASEMENTS �
Clearance approvals from the agencies with easements on the property (including PG&E, AT&T,
and 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
Timm Borden,Director of Public Works
City Engineer CA License 45512
PASSED AND ADOPTED this 22nd day of April, 2014, Regular Meeting of the Planning Commission of
the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS:Chair Brophy, Gong, Sun, Takahashi
NOES: COMMISSIONERS:Vice Chair Lee
ABSTAIN: COMMISSIONERS:none 4
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
C ao Paul Brophy, Ch '
Assist. Director of Community Development Planning Commis on
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