EXT-2023-002 - Action LetterCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, Califomia 95014 (408) 777-3308
To:Mayor and City Council Members
Chairperson and Planning Commissioners
From:Luke Connolly, ASSiStant Director of Community Development?
Prepared by: Emi Sugiyama, Associate Planner
Date: May 6, 2024
Subject: Extension request, EXT-2023-002, for a period of two years, for a previously approved
Tentative Map (TM-2018-01) to allow the subdivision of a O.74 acre (32,316 sq. ft.)
single-family residential parcel into three new parcels of 10,335 sq. ft., 10,053 sq. ft.,
and 11,928 sq. ft. at 11226 Bubb Road.
Chapter 19.12 of the Cupertino Municipal Code allows for administrative
approval of time extensions of expiring permits and other entitlements. The
Director reports his decision to the City Council and Planning Commission in
time to anow an appeal of the decision within fourteen calendar days.
DISCUSSION
The appIicant, Tracy Hsu, on behalf of the property owners, Mike and Jenny Qi, is requesting a
two-year extension of a previously approved Tentative Map (TM-2018-01) to allow the
subdivision of a O.74 acre (32,316 sq. ft.) single-family residential parcel into three new parcels of
10,335 sq. ft., 10,053 sq. ft., and 11,928 sq. ft. at 11226 Bubb Road. The Administrative Hearing
Officer approved the Tentative Map on February 11, 2021; the approval being valid for a period
of two years, expiring on February 11, 2023 (see Attachment 1).
Prior to the Tentative Map's February 11, 2023 expiration, the applicant submitted an extension
request letter, dated January 14, 2023 (Attachment 2). The letter states that an extension is
needed for the Tentative Map due to delays in processing that occurred during the COVID19
pandemic. A Parcel Map had been submitted to the City for review in June of 2021 and the
applicant has been working with the City's Public Works Department since that time to process
the Parcel Map and complete the subdivision process. However, the applicant still requires
additional time to address comments made by the Public Works Department. This is the reason
for the extension being granted at this time.
In accordance with Cupertino Municipal Code Chapter 19.12.030, the two-year extension is the
maximum period that can be granted.
ACTION
The Director of Community DeveIopment approves the extension application, file no. EXT-
2023-002 with the following conditions of approval:
I
EXT-2023-002
TM-2028-01 Page 2
1. EXTENSION OF EXPIRATION PERIOD AND BUILDING PERMIT(S)
The expiration period of file no. TM-2018-01 is hereby extended for a period of two years,
expiring on Febmary 11, 2025. An application for a Parcel Map shall be filed prior to the
expiration date of the Tentative Map will become null and void. In addition, if the Parcel
Map is denied for any reason following the expiration date of the Tentative Map, the
Tentative Map approval shall become null and void.
2. CONDITIONS OF APPROVAL
All conditions of permit approvals for TM-2018-01 shan remain in effect through the
extension period.
3. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shan agree to
indemnify, defend with the attomeys of the City's choice, and hold harmless the City, its
City Council, and its officers, employees, and agents (collectively, the 'lindemnified parties")
from and against any liability, claim, action, cause of action, suit, damages, judgment, lien,
levy, or proceeding (conectively referred to as llproceeding") brought by a third party
against one or more of the indemnified parties or one or more of the indemnified parties
and the applicant related to any Ordinance, Resolution, or action approving the project, the
related entitlements, environmental review documents, finding or determinations, or any
other permit or approval authorized for the project. The indemnification shan include but
not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit,
attorneys' fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing
such proceeding
The applicant shall agree to (without limitation) reimburse the City its actual attorneys' fees
and costs incurred in defense of the litigation. Such attomeys' fees and costs shall include
amounts paid to the City's outside counsel and shall include City Attorney time and
overhead costs and other City staff overhead costs and any costs directly related to the
litigation reasonably incurred by City. The applicant shan likewise agree to indemnify,
defend, and hold harmless the indemnified parties from and against any damages,
attorneys' fees, or costs awards, including attorneys' fees awarded under Code of Civil
Procedure section 1021.5, assessed or awarded against the indemnified parties. The
Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any
such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for an costs incurred in
additional investigation or study of, or for supplementing, redrafting, revising, or
amending, any document (such as an Environmental Impact Report, negative declaration,
specific plan, or general plan amendment) if made necessary by proceedings challenging the
project approvals and related environmental review, if the applicant desires to continue to
pursue the project.
EXT-2023-002
TM-2018-01 Page 3
The Applicant shall agree that the City shall have no liability to the Applicant for business
interruption, punitive, speculative, or consequential damages.
4. NOTICE OF FEES, DEDICATIONS, RESERV ATIONS 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 Governrnent 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 wffl be legally barred from later
chanenging such exactions.
This approval of the extension request is effective May 6, 2024. The 14-calendar-day appeal
period will expire on May 20, 2024.
Attachments:
1. Administrative Hearing Resolution No. 121
2. Extension Request Letter Dated January 14, 2023