Reso 6570.pdfTM -2009-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6570
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENTATIVE PARCEL MAP TO SUBDIVIDE ONE PARCEL INTO FOUR LOTS RANGING IN
SIZE FROM 2.86 ACRES TO 3.65 ACRES AT 22045 REGNART ROAD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Tentative Parcel Map, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
has satisfied the following requirements:
1) That the proposed subdivision map is consistent with the City of Cupertino General
Plan.
2} That the design and improvements of the proposed subdivision are consistent with
the General Plan.
3) That the site is physically suitable for the type and intensity of development
contemplated under the approved subdivision.
4) 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.
5) That the design of the subdivision or the type of improvements associated there
with is not likely to cause serious public health problems.
6) 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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for Tentative Parcel Map, file no. TM -2009-02, is hereby approved,
subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof;
and
That the sub conclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. TM -2009-02
as set forth in the Minutes of the Planning Commission Meeting of October 13 and October 27,
2009, and are incorporated by reference as though fully set forth herein.
Resolution No. 6570 TM -2009-02 October 27, 2009
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: TM -2009-02
Applicant: Robert Bigler
Location: 22045 Regnart Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
APPROVED EXHIBITS
Approval is based on plan sets titled "Tentative Map, LANDS OF BIGLER, 4 LOT
SUBDIVISION, 22045 REGNART ROAD APN: 366-46-004, Cupertino, CALIFORNIA",
dated Sept. 2009 and consisting of six sheets labeled 1 through 6, and an additional sheet
labeled 3 dated Oct. 2009, except as 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. COVENANT NOTIFICATION OF BUILDING LIMITATIONS
The applicant shall record with the final parcel map on each parcel a notification that the
maximum building area of each residence, including the number of bedrooms, is restricted
by City zoning regulations and septic system constraints set forth by the Santa Clara
County Environmental Health Department, whichever is more restrictive. Detailed
information is available at the Cupertino Community Development Department.
4. GEOLOGIC REVIEW
Subdivision improvements, demolition, and residential development shall be performed in
accordance with the geotechnical recommendations described in reports titled: "Geologic
Hazards Evaluation & Soil Engineering Study/Lands of Bigler 4 -lot Subdivision prepared
by Earth Systems Consultants dated May 2004," and titled "Updated Geotechnical
Investigation/ Lands of Bigler 4 -lot Subdivision prepared by ES Geotechnologies dated
March 2009," and a Geologic Review Letter prepared by Cotton, Shires & Associates, Inc.
dated August 28, 2009.
5. EXISTING STRUCTURES, VEHICLES, PROPERTY MAINTENANCE
Prior to final map approval, the applicant shall coordinate with the Community
Development Department and Code Enforcement Division to remove trash, debris and
illegally parked vehicles as soon as practical. All existing houses and structures shall be
secured from further vandalism and nuisances.
Prior to final map approval, the applicant shall work with the Community Development
Department to develop a schedule with reasonable timelines for the rehabilitation of the
Resolution No. 6570 TM -2009-02 October 27, 2009
Page 3
existing buildings and structures that are slated by the applicant for retention. All other
buildings and structures that violate zoning ordinances or are slated by the applicant for
removal shall be demolished and the debris removed prior to final map approval.
6. TREE PROTECTION
Final map improvement plans shall incorporate the tree protection measures outlined in a
Review Letter prepared by David Babby dated August 22, 2008.
7. COVENANT NOTIFICATION FOR ADDITIONAL GEOLOGIC REVIEW FOR NEW
RESIDENCES
At final map recordation, the subdivider shall record a covenant on each lot notifying
interested parties that additional geotechnical studies for each of the four lots are required
prior to building permit approval. The studies should comply with recommendations
outlined in a Geologic Review Letter prepared by Cotton, Shires & Associates, dated
August 28, 2009.
8. CONSTRUCTION MANAGEMENT PLAN
Final map improvement plans shall include a construction management plan detailing how
construction activities will be conducted. The plan shall address, but not be limited to the
following activities:
• Construction staging area
• Construction schedule and hours
• Construction phasing plan, if any
• Contractor parking area
• Tree preservation/ protection plan
• Site dust, noise and storm run-off management plan
• Emergency and construction site manager contacts
9. ALTERNATIVE SOUTHERN DRIVEWAY ALIGNMENT
The southern driveway alignment depicted in the Exhibit entitled: "Tentative Map, LANDS
OF BIGLER, 4 LOT SUBDIVISION, 22045 REGNART ROAD APN: 366-46-004, Cupertino,
CALIFORNIA", dated Oct. 2009 and labeled 3 of 6, is subject to the review and approval of
the Cupertino Community Development and Public Works Departments and the Santa
Clara County Fire Department. The selection and subsequent implementation of the
driveway alignment depicted on the Sept. 2009 or Oct. 2009 dated tentative map sheets (no.
3 of 6 sheets) is at the discretion of the applicant.
10. STAGING AREA FOR GARBAGE AND MAIL PICKUP
The subdivision map shall include an adequately sized and improved area at the Regnart
Road frontage designed for the pickup of garbage and recycling receptacles and mail for at
least four residences. The design shall be approved at the Final Map stage.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
11. STREET WIDENING
Street widening and associated improvements shall be provided in accordance with City
Standards and specifications as required by the City Engineer.
Resolution No. 6570 TM -2009-02 October 27, 2009
Page 4
12. 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.
13. STREET LIGHTING INSTALLATION
If street lighting is required, 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.
14. 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.
15. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post
development/ storm drain calculations must be provided to indicate whether additional
storm water control measures are to be installed. See also conditions #21 and 22.
16. 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.
17. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
18. 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: $ 5% of Off -Site Improvement Cost or
$2,385.00 min.
b. Grading Permit: $ 6% of Site Improvement Cost or $2,239.00
min.
c. Development Maintenance Deposit: $ 2,000.00
d. Storm Drainage Fee: $ TBD
e. Power Cost: To be determined if required
f. Map Checking Fees: $ 3,638.00
g. Park Fees: $ TBD
Resolution No. 6570 TM -2009-02 October 27, 2009
Page 5
h. Street Tree
By Developer
Bonds:
a. Faithful Performance Bond:100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
C. 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.
19. 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.
20. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the subject
development.
21. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be included in
your grading and street improvement plans. Erosion and or sediment control plan shall be
provided.
22. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
The applicant must include the use and maintenance of site design, source control and
storm water treatment BMP's, 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 BMP's are required.
The BMP's must be coordinated to address the storm water drainage from all four lots and
be designed to address new storm runoff and a substantial portion of existing storm runoff
from the subject property.
23. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. This land should include all erosion control measures used to retain materials on
site. Erosion control notes shall be stated on the plans.
24. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards
to refuse truck access for the proposed development.
Resolution No. 6570 TM -2009-02 October 27, 2009
Page 6
25. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/ SURVEYING
CONDITIONS
(Section 66474.18 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
Zs/Ralph Qualls
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 27th day of October 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
COMMISSIONERS: Kaneda, Lee, Miller, Vice -Chair Brophy
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: Chairperson Giefer
/ s/ Aarti Shrivastava
Aarti Shrivastava, Director
Community Development Department
G: \ Planning \ PDReport \ Res `2009 \ TM-2009-02.doc
APPROVED:
f s/Paul Brophy
Paul Brophy, Vice -Chair
Planning Commission