V-2012-01b OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
May 17, 2012
Re: Pursuant to CMC 2.08.096, a Petition for Reconsideration of the City Council's decision to
approve a tentative map that allowed the subdivision of 1.14 acre parcel into five lots
ranging in size from 7,040 square feet to 11,096 square feet; and a variance to allow reduced
lot widths for four of the five new lots surrounding the proposed cul-de-sac that do not meet
the minimum lot width requirements
At its May 15, 2012 meeting, the Cupertino City Council 1) adopted Resolution No. 12-052
approving the Petition seeking Council reconsideration of the Bollinger Road Project; and 2)
conducted the reconsideration hearing for the Bollinger Road Project upholding its original
approval.
A petition for reconsideration fee refund will be issued to the appellant in the amount of$267.00.
Please call the Community Development Department at 777-3308 if you have any questions.
The decision by the City Council above described is fcnal effective May 1 S, 2012. The time within
which judicial review must be sought is governed by�1096.6 of t/ie California Code of Civil
Procedure whic/z is 90 days following the above effective date.
Sincerely,
C� �
Grace Schmidt
City Clerk
encl: Resolution No. 12-052
cc: Community Development Lands of Jauch
City Attorney Attn: Irene Tarter, Trustee
926 Portswood Cir
McClellan Development San Jose, CA 95120
Attn: Mike McClellan
1448 Estrada Verda Arthur pong
Alamo, CA 94507 7588 Bollinger Rd.
Cupertino, CA 95014
RESOLUTION NO. 12-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE PETITION OF ARTHUR DONG SEEKING COUNCIL
RECONSIDERATION OF ITS DECISION TO APPROVE TM-2012-01 & V-2012-01, A
TENTATIVE MAP AND VARIANCE TO FACILITATE SUBDIVISION OF A 1.14 ACRE
PARCEL INTO FIVE LOTS WITH FOUR OF THE FIVE LOTS WITH LOT WIDTHS LESS
THAN THE Rl ZONING STANDARD OF 60 FEET AT THE WESTERN TERMINUS OF
BOLLINGER ROAD
WHEREAS, on April 17, 2012, the Cupertino City Council received a staff report and
recommendation to approve a Tentative Map and Variance Request to facilitate the subdivision
of a 1.14 acre parcel into five lots ranging in size from 7,040 to 11,096 square feet and a
variance request for reduced lot widths for four of the five new lots surrounding the proposed
cul-de-sac that do not meet the minimum lot width requirements at the western terminus of
Bollinger Road, APN 359-22-077;
WHEREAS, Arthur pong requested that the City Council reconsider its decision under the
provisions of Section 2.08.096 of the City's municipal code; and
WHEREAS, the Cupertino City Council held a properly noticed public hearing and at the
conclusion of the hearing, a majority of the Council granted the reconsideration petition, filed
by Arthur pong, at its meeting of May 15, 2012;
WHEREAS, the Cupertino City Council's decision was based on specifically Petition
Reason #2 that claimed the City provided inadequate hearing noticing time as the mailing was
dated April 9, 2012 and a 10 day mailed notice is required by the Cupertino Municipal Code to
surrounding property owners within 300 feet radius of the project and interested parties.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. The petitioner's Reconsideration Petition is valid on its face in that it does offer proof of
facts as required by Municipal Code Section 2.08.096.
2. The petitioner's Petition for Reconsideration of the City Council's decision of April 17,
2012 on agenda item 9 is GRANTED, and the Reconsideration Hearing shall be
conducted subsequent to this action on May 15, 2012. The Reconsideration Hearing was
also properly noticed.
CC Resolution No. 12-052
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15`�' day of May, 2012, by the following vote:
Vote Members of the GitxCouncil
AYES: Santoro, Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPRQVED:
/s/Grace Schmidt /s/Mark Santoro
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino
2
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
April 23, 2012
Re: Sublect: Bollinger Road Subdivision and Variance Request for lot widths
Recommended Action: Planning Commission recommended on a 4-0-1 vote to approve the
subdivision and variance request
Descri�tion: Applications: TM-2012-01, V-2012-01, EA-2012-01 Applicant: McClellan
Development (Lands of Jauch) Location: Western Ternunus of Bollinger Road, APN 359-
22-077 Environmental Determination: Negative Declaration. Descriptions: Tentative Map
to subdivide an approximately 1.14 acre parcel into five parcels ranging from 7,040 to
11,096 square feet and Variance for reduced lot widths for four of the five new lots
surrounding the proposed cul-de-sac that do not meet the minimum lot width requirements
At its April 17, 2012 meeting, the Cupertino City Council took the following action:
• Adopted a negative declaration
e Approved the subdivision and variance request with the following condition: Construction
management plan: the applicant shall prepare a detailed construction management plan to be
approved by the City prior to issuance of any grading or demolition permit for the
subdivision construction. The plan shall address: equipment staging area, designate a
complaint hotline and signage, fencing, and locations of portable restrooms, construction
trailer, and worker parking. The plan shall also memorialize the City's noise standards and
other construction activity regulating conditions specified in the tentative map. The
applicant shall also prepare a construction management plan for City review and approval
prior to the issuance of any building permits for new residences on the subject property.
That plan shall also address construction phasing.
• Directed staff for the new dwelling on lot #5, to avoid a side yard facing garage door and
driveway that faces existing residences, and work with adjacent residents on the designs of
the new homes.
Unless amended above, the Tentative Map conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMIJNITY DEVELOPMENT
DEPT.
l. APPROVED EXHIBITS
Approval is based on E�ibits 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 throu�h 4, except as may be amended by the conditions contained in this
resolution.
Apri123, 2012 Page 2 _
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 Governinent 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 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 froin 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.
6. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 5 units of the residential allocations from the "Other
Residential Neighborhoods."
April 23, 2012 Page 3
7. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. V-2012-01 shall be applicable to this approval.
SECTION N: 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 andlor 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 ��vhether additional stonn
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
stornl 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-inodification
measures may be required as directed by the Municipal Regional Perniit.
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�ayment of fees, including but not limited to checking and inspection fees, storm
Apri123, 2012 Page 4
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 ($2,542.00 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 Improveinents
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
Baard, far construction activity, which disturbs 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 SWIZCB, 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 ]0,000 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
April 23, 2012 Page 5
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.
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 & MAlNTENANCE 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
pennit.
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 witlun the Public Right of Way to the satisfaction of the City
Engizleer 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.
April 23, 2012 Page 6
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 JOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval before issuance of a building permit.
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 ��vith 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.
Unless amended above, the Variance conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
l. APPROVED EXHIBITS
Approval is based on E�chibits 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 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 Government Code Section 66020(a),
has begun. If you fail to file a protest within this 90-day period complying ��vith all of the
requirements of Section 66020, you will be legally barred from later challenging such exactions.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. TM-2012-01 shall be applicable to this
approval.
April 23, 2012 Page 7
Please review the conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
The contlitions of project approval set forth /tereiti may i�iclttde certain fees, dedication
reqccirements, reservation requirements, and other exactions. Pursuant to Governmeizt Code
Sectioiz 66020(d)(1), tliese conditioizs coizstitute written izotice of a statement of tlie amotciit of
� s�tcli fees, a�z�l a descriptioiz of tlze dedications, reservatio�zs, and otlier exactions. You are
/tereby fitrtlrer notified tltat t/te 90-day app��oval period in wlzic/t you may protest tliese fees,
dedicatio�is, and other exactio�zs,pursarant to Governnie�it Corle Section 66020(n), /zas bega�n. If
yoc�fail to�le a protest within tliis 90-day perio�l complying witl: all of tl:e requirements of
Section 66020,you will be legally barred from later challengi�ig secch exactions.
A�iy interested persoii, i�zcludi�zg t/ie applicant, prior to seeking jucticial review of tlte city
council's decision in this matter, micst first file �petition for recoiisideration witlt the city clerk
within te�i days after the coauicil's decision. A�zy petition so filed must conzply with mcuzicipal
ordinance code�2.08.096.
This letter will serve as your final Permit.
Sincerely,
U�-(
Grace Schmidt
Acting City Clerk
cc: Community Development
McClellan Development
Attn: Mike McClellan
1448 Estrada Verda
Alamo, CA 94507
Lands of Jauch
Attn: Irene Tarter, Trustee
926 Portswood Cir
San Jose, CA 95120
V-2012-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6683
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A VARIANCE TO ALLOW LOT WIDTHS OF APPROXIMATELY
55,45,40 and 54 FEET FOR LOTS N0. 1-4 RESPECTIVELY IN AN R1-6 ZONING DISTRICT WHERE 60
FEET IS REQUIRED AT PROPERTY AT THE WESTERN TERMINUS OF BOLLINGER ROAD
(APN 359-22-077)
SECTION I: PROTECT DESCRIPTION
Application No.: V-2012-01
Applicant: Mike McClellan (for Lands of Jauch Trust)
Location: Western terminus of Bollinger Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Variance, as
described on Section I. of this Resolution; and
WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the
City of Cupertino, and the Planning Coinmission has held one or more Public Hearings on this matter;
and
WHEREAS, the Planning Commission finds that the applicant has met the burden of proof required to
support this application, and has met the following findings in order to grant the variance:
1) There are exceptional or extraordinary circumstances or conditions applicable to the property
involved that do not apply generally to property in the same district in that the most logical
subdivision design is a cul-de-sac style which is consistent with the general plan residential land
use density and the observed lot widths of other interior cul-de-sac lots.
2) The granting of the application is necessary, for the preservation and enjoyment of a substantial
property right of the applicant, and to prevent unreasonable property loss or unnecessary
hardship. The project as proposed is consistent with the general plan land use residential density
and lot sizes exceed minimum requirements by a significant margin. The proposed reduced lot
width matches the pattern of other interior cul-de-sac lots in the area.
3) The granting of the application will not be detrimental or injurious to property or improvements
in the vicinity and will not be detrimental to the public health, safety, and general welfare, or
convenience, and to secure the purpose of the title. The property is proposed to be developed in
accordance with the City's requirements for R1-zoned single-family homes. Lots are large enough
to allow flexibility in design and setbacks to meet all R1 zoning requirements without further
need for development exceptions or variances.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for variance is hereby recommended for approval by the Planning Coininission
of the City of Cupertino.
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application V-2012-01 as set forth in the Minutes
Resolution No.6683 V-2012-01 March 27,2012
of the Planning Cominission Meeting of March 27, 2012 and are incorporated by reference though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEV ELOPMENT 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 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 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. TM-2012-01 shall be applicable to this approval.
PASSED AND ADOPTED this 27th day of March 2012, at a Regular Meeting of the Planning
Corrunission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Sun, Brophy, Lee, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: Chair Miller
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
�s/Aarti Shrivastava /s/Don Sun
Aarti Shrivastava, Director pon Sun,Vice Chair
Community Development Department Planning Coininission
g/piniuring/pdreport/res/2012/V-2012-01