EXT-2018-02.docCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Assistant Director of Community Development
Prepared by: Gian Paolo Martire, Associate Planner
Date: October 31, 2018
Subject: Extension request, EXT -2018-02, for a period of one month, of a previously
approved Tentative Parcel Map (TM -2009-02) to subdivide one parcel into four
lots ranging in size from 2.86 acres to 3.65 acres at 22045 Regnart 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 allow an appeal of the decision within fourteen calendar days.
DISCUSSION
The applicant, Robert Bigler, is requesting a one-month extension of a previously approved
Tentative Parcel Map (TM -2009-02) to subdivide one parcel into four lots located at 22045
Regnart Road. The Planning Commission approved the project on October 27, 2009 and the
approvals were valid until October 27, 2012 (see Attachment A). However, Governor Brown
signed into law AB 208 (7/15/2011) and AB 116 (7/11/2013) which extended the approvals of all
tentative subdivision maps. Subsequently, TM -2009-02 was first automatically extended to
October 27, 2014, then the second automatic extension was granted until October 27, 2016.
The property owner filed a one-year extension request on October 27, 2016, prior to the
expiration of the development approvals, and again on October 24, 2017 for a one-year
extension. In accordance with CMC Section 18.16.100 Extensions, a subdivider may file for an
extension prior to the expiration of the tentative map, the time at which the map expires may be
extended by the Director of Community Development for a period or periods not to exceed a
total of six years. A final one year extension may be granted, that will total the six years
extended by the Director of Community Development thus far.
The owner has applied for building and public work permits prior to the expiration on October
27, 2018. However, the owner will not be able to receive permit approvals and complete the
required work prior to the expiration date due to complications coordinating responses to City
and outside agency comments and requirements. A condition of approval requires the property
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owner to file entitlements by October 31, 2019. In the event that the permit expires for any
reason, the development approvals will become null and void.
ACTION
The Director of Community Development approves the extension application, file no. EXT -
2018 -02 with the following conditions of approval:
1. EXTENSION OF EXPIRATION PERIOD AND BUILDING PERMIT
The expiration period of file no. TM -2009-02 are hereby extended for a period of one year,
expiring on October 31, 2019. Entitlements shall be filed prior to the expiration date or the
Tentative Parcel Map will become null and void. In addition, if the entitlements expire for
any reason, the Tentative Parcel Map approval shall also become null and void.
2. CONDITIONS OF APPROVAL
All conditions of permit approvals for TM -2009-02 shall remain in effect through the
extension period.
3. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the
City, its City Council, and its officers, employees and agents (collectively, the "indemnified
parties") from and against any claim, action, or proceeding brought by a third party against
one or more of the indemnified parties or one or more of the indemnified parties and the
applicant to attack, set aside, or void this Resolution 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 applicant shall pay such
attorneys' fees and costs within 30 days following receipt of invoices from City. Such
attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as
City staff 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.
4. 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.
This approval of the extension request is effective October 31, 2018. The fourteen calendar day
appeal period will expire on November 14, 2018.
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Attachment A: Planning Commission Resolution No. 6570