TM-2017-01 res.docx
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 98
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO
TO ALLOW THE SUBDIVISION OF AN APPROXIMATELY 0.45 ACRE LOT INTO
TWO (2) PARCELS OF APPROXIMATELY 8,512 SQUARE FEET AND 11,068 SQUARE
FEET AT 10400 S. STELLING ROAD (APN 359-13-037)
SECTION I: PROJECT DESCRIPTION
Application No.: TM-2017-01
Applicant: Tracy Hsu
Location: 10400 S. Stelling Road (APN 359-13-037)
SECTION II: FINDINGS
WHEREAS, the City of Cupertino received an application to subdivide an approximately
0.45 acre lot into two (2) parcels of approximately 8,512 square feet and 11,068 square feet;
and
WHEREAS, the project is categorically exempt from the California Environmental
Quality Act (CEQA); and
WHEREAS, the necessary notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer 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
WHEREAS, the Administrative Hearing Officer finds:
a. That the proposed subdivision map is consistent with the City of Cupertino General
Plan.
The subject property is consistent with the General Plan since the property is permitted to have
up to two dwelling units based on its land use designation of Low Density (1-5 DU/Ac.).
Additionally, the proposed lots are sized to be comparable to adjacent residential development,
and are compatible with the existing neighborhood lot orientation pattern. The lot acreage will
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be consistent with the underlying single family residential standards proposed with a
minimum lot square footage of 7,500 square feet. The proposed subdivision is compatible with
the adjoining land uses and no physical constraints are present that would conflict with
anticipated land use development. The proposed properties are designed to allow for future
single family residences and will be evaluated for consistency with the development standards
in the R1 Ordinance.
The proposed properties are designed to allow for future passive solar as the lot configurations
allow for a structure to be oriented in an east-west alignment for southern exposure.
Furthermore the design and improvement of the divided parcel does not result in any reduction
in allowable densities or percentage of a lot that may be occupied by a building in providing
for future passive solar provisions.
b. That the design and improvements of the proposed subdivision are consistent with
the General Plan.
The off-site improvements proposed with the project are identical to the existing improvements
adjacent to the subject site. These are consistent with the City’s General Plan policies related
to pedestrian safety etc. by providing sidewalks and driveway cuts consistent with the City’s
Standard Details.
c. That the site is physically suitable for the type development contemplated under the
approved subdivision.
The proposed subdivision is compatible with the adjoining land uses and no physical
constraints are present that would conflict with anticipated land use development. There are
no topographical anomalies that differentiate this property from adjacent properties. The site
is located on the valley floor and the proposed two lot subdivision is typical of properties in the
neighborhood.
d. That the site is physically suitable for the intensity of development contemplated
under the approved subdivision.
The subject property is physically suitable in size and shape in conformance to development
standards and is appropriately configured to accommodate reasonably sized single-family
dwelling units.
e. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidable injure fish
and wildlife or their habitat.
The proposed subdivision design and improvements are not likely to cause serious public health
problems nor substantially injure fish and wildlife or their habitat because the property is a
developed site and located in an urbanized area where residential land use is allowed.
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f. That the design of the subdivision or the type of improvements associated therewith
are not likely to cause serious public health problems.
The proposed development is consistent with the existing adjacent residential development,
and the on-site and off-site improvements improve neighborhood walkability through size-
appropriate driveway cuts and street and street trees planting.
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.
No easement or right-of-way exists currently that would be impeded or conflict with the
proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this
Resolution beginning on Page 1 thereof, the application for a Tentative Map, Application
no. TM-2017-01, 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-2017-01 as set forth in the Minutes of Administrative Hearing Meeting of
November 20, 2018, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, “Tentative Map, 10400 S. Stelling Road,
Cupertino, CA 95014” drawn by SMP Engineers, dated October 2, 2017 consisting of
one (1) sheet labeled “TM”; 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 approval and may
require additional review.
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4. DEVELOPMENT ALLOCATION
The project is granted a development allocation of one unit from the Citywide
allocation.
5. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays as defined in Chapter 10.48 of the Municipal Code. Night time
construction is allowed if compliant with nighttime standards of Section 10.48 of
of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
The applicant shall annotate all permit plans with the above requirements and shall
comply with the above grading and construction hours and noise limit requirements
unless otherwise indicated.
6. 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:
a. Construction staging area (shall not occur within 15 feet of neighboring residential
property lines)
b. Construction schedule and hours
c. Construction phasing plan, if any
d. Contractor parking area
e. Tree preservation/protection plan
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f. Site dust, noise and storm run-off management plan
g. Emergency/complaint and construction site manager contacts
7. 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 subject to the Building Official. The applicant
shall provide evidence that materials will be recycled prior to issuance of demolition
permit.
8. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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 an approval by the
Community Development Department.
9. EXPIRATION
The approval or conditional approval of the Tentative Map Subdivision shall expire
twenty four (24) months from the date of Administrative Hearing approval. An
extension or extensions may be approved as provided in Section 18.20.080.
10. 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.
11. 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
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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 DEPT.
12. COVENANT OF EASEMENTS
Prior to issuance of a Building Permit on the site, the applicant shall record an
easement for purposes of vehicular and pedestrian ingress and egress, maintenance,
and utilities through the site to be determined upon approvals of development
applications. The easement language and layout shall be reviewed and approved by
the City prior to recordation with the County Recorder’s Office. The easement shall
contain a provision that it may not be modified or removed without express written
approval from the City.
13. PARCEL MAP
Prior to approval of the Building permit, a parcel map shall be recorded. And, existing
house must be demolished prior to recordation of the parcel map as building(s) cannot
straddle between parcel lines.
Additional private storm drain easements (PSDE) may be required based on the final
grading & drainage design.
14. STREET IMPROVEMENTS & DEDICATION
Provide a street dedication in fee title (if applicable) and frontage improvements along
the project to the satisfaction of the Director of Public Works.
Street improvements may include, but not be limited to, driveway cut (20’ wide), curb
& gutter, sidewalk, street tree installations, close unused driveway cut and associated
utility work.
15. GRADING & DRAINAGE
Grading shall be as approved and required by the Director of Public Works in
accordance with Chapter 16.08 of the Cupertino Municipal Code. Drainage shall be
provided to the satisfaction of the Director of Public Works. 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. 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.
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All storm drain inlets shall be clearly marked with the words “No Dumping – Flows
to Creek” using permanently affixed metal medallions or equivalent, as approved by
the Environmental Programs Division.
Additional comments to be provided at Building Permit stage to address overland
release and number of detention basins proposed for the project.
16. 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, unless
an alternative storm water treatment plan, that satisfies C.3 requirements, is approved
by the Director of Public Works.
17. 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: Per current fee schedule ($3,648.00 or 5%
of improvement costs)
b. Grading Permit: Per current fee schedule ($2,825.00 or 6%
of improvement costs)
c. Storm Drainage Fee: Per current fee schedule($4,550 per AC)
e. Traffic Impact Fee $7,000 per new peak-hour trip generated
f. Power Cost: **
g. Parcel Map Fee: Per current fee schedule ($5,528.00)
h. Park Fees: Per current fee schedule (+/- $135,000
based on 4 units @ $60,000 per unit minus
$105,000 credit for existing unit)
i. Storm Management Plan Fee Per current fee schedule ($1,208)
j. Street Tree $387
** Based on the latest effective PG&E rate schedule approved by the PUC
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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.
18. SURVEYS
A boundary survey and a survey site map prepared by a licensed Land Surveyor will
be required for all new construction to ensure the proposed building will be set based
on the boundary survey and setback requirements.
19. OPERATIONS & MAINTENANCE AGREEMENT
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.
20. 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 Director of Public Works.
21. 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.
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22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the
Director of Public Works and shall be of a type approved by the City in accordance
with Ordinance No. 125.
28. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
29. 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
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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).
30. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
31. SAN JOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before
issuance of a building permit approval.
32. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract
water from the underground basin or any underground strata in the Santa Clara
Valley.
33. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
34. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be
required prior to issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY CUPERTINO SANITARY
35. CONNECTION PERMIT FEES
Connection permit fees, lateral disconnection fees, frontage fees, and acreage fees will
be required for the proposed lots during the Building Permit Phase.
36. LATERAL & SEWER LINE CLEANOUT
Each lot shall have their own newly installed lateral and property line cleanout per
District’s standards.
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PASSED AND ADOPTED this 20th day of November, 2018 at a noticed Public Hearing
of the Administrative Hearing Officer of the City of Cupertino, State of California, held
by the Director of Community Development, or his or her designee, pursuant to
Cupertino Municipal Code Section 19.12.120.
ATTEST: APPROVED:
/s/Jeffrey Tsumura______ _/s/Benjamin Fu_____________________
Jeffrey Tsumura Benjamin Fu
Assistant Planner Asst. Director of Community Development