CC Resolution No. 14-153 Approving a tentative map to subdivide a .62 net acre parcel into six residential lots and one common area lot located at 10121 N. Foothill Blvd. RESOLUTION NO. 14-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A .62 NET ACRE PARCEL INTO SIX
RESIDENTIAL LOTS AND ONE COMMON AREA LOT LOCATED AT 10121 N.
FOOTHILL BLVD
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2014-01
Applicant: Tate Development
Property Owner: Foothill Auto Service & Detail, Inc.
Location: 10121 N. Foothill Boulevard. (APN 342-32-070)
SECTION II: FINDINGS FOR A TENTATIVE 1\/[AP:
WHEREAS, the City Council 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 Committee and Planning Commission have
recommended adoption of a Mitigated NegativE,Declaration; and
WHEREAS, the necessary public notices hay.e been given as required by the' Procedural
Ordinance of the City of Cupertino, and the City Council has held at least one public hearing in
regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the City Council finds as follows with regard to this application:
a. That the proposed subdivision map is consistent with the City of Cupertino General Plan.
The proposed tentative map is in conformance with the General Plan Land Use Map of the City of
Cupertino, since it is consistent with the existing land use designation (Commercial/Residential). In
addition, the subdivision design is consistent with General Policies that encourage development to
activate streetscapes, be oriented to public streets, and avoid walls and gates that isolate developments
from the community.
b. That the design and improvements of the proposed subdivision are consistent with the
General Plan.
The subdivision design and improvements are in conformance with the. General Plan. The
improvements will enhance pedestrian and vehicular safety and maximize site landscaping and
permeability.
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c. That the site is physically suitable for the type and intensity of development contemplated
under the approved subdivision.
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, exhibits, testimony and other
evidence submitted in this matter, subject to the conditions which are enumerated in this
Resolution beginning on PAGE 2 thereof,:
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A Mitigated Negative Declaration (Application no. EA-2014-01) is hereby adopted; and the
application for a Tentative Map, Application no. TM-2014-01 is hereby approved 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 City Council Meeting of May 20, 2014, and are incorporated by reference as though
fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set received M.ay 21, 2014 consisting of 40 sheets labeled AO-
A4, A4.1, A5-A9, A9.1, A10-20, AL1.1-AL14, C1-05, TM, L0, LO.1, LO.2, L1, L2, L2.1, and
L2.2, entitled, "Foothill Blvd PUD, 10121 N :Foothill Blvd., Cupertino, CA 95014," drawn by
Modative, SMP Engineers, and Miriam Rainville; except as may be amended by conditions
in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including
but not limited to property boundary locations, building setbacks, property size, building
square footage, any relevant easements and/or construction records. Any misrepresentation
of any property data may invalidate this app7�oval and may require additional 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. TENTATIVE MAP APPROVAL
Tentative Map approval is granted to subdivide a .62 net acre parcel into seven lots as
described below:
Lot 1 (Home 1 and workspaces 4,750 s.f. (.10 acres)
Lot 2 (Home 2 and workspaces 3,603 s.f. (.08 acres)
Lot 3 (Home 3 and workspaces 3,603 s.f. (.08 acres)
Lot 4 Home 4 and workspaces 3,103 s.f. (.07 acres)
Lot 5 ,Home 5 and workspacel- 3,177 s.f. (.07,acres)
Lot 6 (Home 6): 4,119 s.f. (.09 acres)
Lot 7 (Common area 4,290 s.f. (.09 acres)
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5. MAINTENANCE HEIGHT OF PRIVACY TREES/SHRUBS
The applicant shall work with the affected neighboring property owners along the west and
south property lines to determine the acceptable trimming and maintenance height of the
new privacy trees/shrubs along the west and south property lines. The CC&Rs shall reflect
the acceptable trimming and maintenance heights.
6. FORMATION OF A HOMEOWNERS ASSOCIATION (HOA) AND COVENANTS,
CONDITIONS, AND RESTRICTIONS (CC&Rs):
A Homeowner's Association shall be formed to maintain the common areas of the property.
The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by
the City Attorney and the Director of Community Development prior to recordation of final
map. A deposit determined by staff shall be provided.for the City Attorney'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 shall cover:
i. Maintenance of common area on the property including driveways, walkways,
hardscaping, parking, landscaping and accessory items, such as trash bins/areas, on
and off-site landscaping and trees, outside trash bins, fences, etc,
ii. Building and site repair on a regular schedule, or as otherwise necessary, and building
renovation and replacement as necessary.
c. Private driveway and walkway maintenance
d. Protection and maintenance of perimeter privacy trees/shrubs, including the acceptable
trimming and maintenance heights.
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. Performance standards for the 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
M. Environmental mitigation monitoring
n. Compliance with other project conditions of approval
o. Trash Management: The HOA shall provide a deposit for 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.
p. The project may be subject to levels of noise, activities, and impacts associated with
commercial uses at higher levels than would be expected in typical residential projects.
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Noise and other standards shall be those applicable to commercial properties in the
applicable zoning district.
q. Master sign program (if signage is requested).
r. Requirement for the property owners of the live-work units to obtain and maintain a City
business license in order to utilize the workspaces. Failure to do so would be a violation of
the Development Permit and CC&Rs and would result in further code enforcement action
by the City.
7. 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 ro.ap
shall be subject to prior approval as to
form and content of the City Attorney.
8. 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.
9. EXPIRATION
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.
10. 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 art approval by the Community Development
Department.
11. 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 defense of the litigation. The City may, in
its sole discretion, elect to defend any such action with attorneys of its choice.
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12. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
The proposed detached sidewalk on Foothill Blvd will require 3' of dedication along the
project frontage. It is not acceptable to reduce the pavement width to achieve the 11' wide
landscape and sidewalk area. No narrowing-of Foothill Blvd will be permitted.
2. STREET IMPROVEMENTS
Curbs and gutters, driveways, sidewalks, pavement and related structures shall be installed
in accordance with grades and standards as specified by the City Engineer.
Project shall construct two new ADA ramps at the northwest and southwest corners of the
Foothill Blvd/Silver Oak Way intersection and improve up to half of street along the project
frontage on Silver Oak Way and Foothill Blvd.
Project shall extend a new storm drain main west from Foothill Blvd along Silver Oak Way
to serve the project. No connection to the back of the existing catch basin will be permitted.
In addition, the project shall construct a storm drain on Silver Oak Way,.
3. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements consistent with the
Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as
approved by the City Engineer.
The City Engineer shall have the final authority to approve the proposed pedestrian
improvement at Foothill Blvd & Silver Oak Way. If the proposed bulb-out is approved,
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additional improvements may be required such as storm inlet and lateral to address
drainage.
4. 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.
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.
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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
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.
9. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the Public
Works Department and the Community Development Department prior to installation of
any above ground equipment. Should above ground equipment be permitted by the City,
equipment and enclosures shall be screened with fencing and landscaping such that said
equipment is not visible from public street 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 to a location approved by the
Cupertino Planning Department, Santa Clara County Fire Department and the water
company.
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11. 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.
12. NPDES.CONSTRUCTION GENERAL PERMiIT
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.
13. 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.
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 wort;in conjunction with this project.
16. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & :Maintenance Agreement with the City prior to
final occupancy. The Agreement shall indlude the operation and maintenance for non-
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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 (MUTCD) 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).
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. Since 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 limited to, construction of a trash enclosure, may be
required if problems persist.
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21. REFUSE TRUCK ACCESS
Developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
22. 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.
23. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
24. 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. Clearance should include written
approval of the location of any proposed Fire Backflow Preventers, Fire Department
Connections and Fire Hydrants (typically Backflow Preventers should be located on private
property adjacent to the public right 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
Department as needed.
26. SAN JOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval for water connection, service capability and
location and layout of water lines and bacl:flow preventers before issuance of a building
permit approval.
27. DEDICATION OF WATERLINES
Developer shall dedicate to the City all water mains and appurtenances installed to City
Standards. The developer shall reach an agreement with San Jose Water Company for water
service to the subject development.
28. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all Fights 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.
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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
/s/Timm Borden
Timm Borden, Director of Public Works
City Engineer CA License 45512
PASSED AND ADOPTED this 20th day of May, 2014, Regular Meeting of the City Council of
the City of Cupertino, State of California, by the following roll call vote:
AYES: Wong, Sinks, Chang, Mahoney
NOES: Santoro
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
Grace Schmidt Gilbert Wong, May
City Clerk City of Cuper no