Reso 071TM -2016-01
CITY OF C P ER TING
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 71
OF THE ADMINISTRATIVE E HEA[ ING MEETING OF THE CITY OF CUP ER'TINO
TO SUBDIVIDE AN EXISTING SINGLE-FAMILY RESIDENTIAL LOT (0.479 ACRE)
INTO TWO ]LOTS OF 11,099 SQUARE FEET AND 9,776 SQUARE FEET
AT 20030 FOREST AVENUE (APN 316-23-107)
SECTION 1e PROJECT DESCRIPTION
Application No.: '1'M-2016-01
Applicant: Raymond Chile
Location: 20030 ]Forest Avenue (APP 316-23-107)
SECTION llo FINDINGS
WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application
for a subdivision, as described in Section l of this Resolution; 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:
1. Consistent with applicable general or specific plans adopted by the City; and
The subject property is consistent with the General flan since the property is permitted to have up
to two dwelling units based on its land use designation of Low .Residential (1-5 DLI/acre).
Additionally, the proposed lots are sized to be consistent with current zoning regulations and
comparable to adjacent residential development; and are compatible with the existing neighborhood
lot orientation pattern. The subject property is physically suitable in size and shape in conformance
to development standards and is appropriately configured to accommodate reasonable single-family
dwelling units. The proposed subdivision is compatible with the adjoining land uses and no
physical constraints are present that would conflict with anticipated land use development.
Furthermore, the property is not governed by any specific plans.
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 the low density residential land use is
Resolution No. 71 TM -2016-01 December 8, 2016
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maintained, the proposed development is consistent with the existing adjacent residential
development, and the on-site and off-site improvements improve neighborhood walkability through
new detached sidewalk construction with size -appropriate driveway cuts and street and private
trees planting.
2. Designed for future passive solar in accordance with Government Code Section 66473.1.
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; additionally the
proposed residences are designed to maximize 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; rather the proposed two-story single-family residences are designed to the maximum
allowed density and building development regulations under current zoning provisions of the
Municipal Code.
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 2 thereof, the application for a Tentative Map, Application no. TM -2016-01, 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 -2016-01 as set
forth in the Minutes of Administrative Hearing Meeting of December 8, 2016, 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 For 2 Lot Subdivision 20030 Forest
Avenue", drawn by GREEN Civil Engineering, Inc., consisting of seven (7) sheets labeled TM -
1 through TM -7, except as may be amended by conditions in this resolution.
2. ACCURACY OF PROTECT 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. R-2016-27, R-2016-30, and TR -2016-27 shall
be applicable to this approval.
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4. DEVELOPMENT APPROVAL AND ALLOCATION
Approval is granted to subdivide a.479 acre parcel into two (2) lots of 11,099 and 9,776 square
feet. The City shall deduct one residential unit (to account for the project's net increase of one
unit) from the General ]flan allocation for "Other Residential."
5. BELOW MARKET RATE HOUSING USING P] OGRAM
The applicant shall participate in to City's below M[ar]ket ][date (BMR) Housing Program by
paying the housing mitigation fees as per the Housing Mitigation Manual. These fees will be
assessed at the time of Building permit issuance.
6. CONSTRUCTION HOURS
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.
The developer shall be responsible for educating all contractors and subcontractors of said
construction restrictions. ][pules and regulation pertaining to all construction activities and
limitations identified in this .permit, along with the name and telephone number of a
developer appointed disturbance coordinator, shall be posted in a prominent location at the
- entrance to the job site.
7. CONSTRUCTION MANAGEMENT PLAN
]Fingal map improvement plans shall include a construction management plan detailing how
constructions 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. Free preservation/protection plan
f. Site dust, noise and storm nus -off management plan
g. Emergency/complaint and construction site manager contacts
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 subject to the Building Official. The applicant shall provide evidence
that materials will be recycled prior to issuance of demolition permit.
9. GREEN BUILDING
The City recommends that the applicant incorporate green building measures into the project.
The green building measures may include but not be limited to: low VOC paints, maximizing
recycled building materials, solar efficiency/energy, energy efficient windows/
appliances/mechanical equipment, maximizing onsite water retention, and draught tolerant
and pest resistant landscaping.
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10. FENCES
Any changes to the fencing shall require design review with the Community Development
Department and shall comply with Cupertino Municipal Code Chapter 19.48 Fences.
11. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a landscape project submittal
per sections 14.15.040 or 14.15.050 of the Landscaping Ordinance if more than 500 square feet
of landscaping area is proposed. The Water -Efficient Design Checklist (Appendix A of
Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall
be reviewed and approved to the satisfaction of the Director of Community Development
prior to issuance of building permits.
12. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter
14.15). A landscape installation audit shall be conducted by a certified landscape professional
after the landscaping and irrigation system have been installed. The findings of the
assessment shall be consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that
the landscaping and irrigation system are installed as specified in the landscape and irrigation
design plan, system tune-up, system test with distribution uniformity, reporting overspray
or run-off that causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan
and complies with the criteria of the ordinance and the permit."
13. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be
established and submitted to the Director of Community Development or his/her designee,
either with the landscape application package, with the landscape installation report, or any
time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period
and water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjustment and repair of the irrigation system; aerating and de -thatching
turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding;
pest control; and removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may
be size -adjusted as appropriate for the stage of growth of the overall installation. Failing
plants shall either be replaced or be revived through appropriate adjustments in water,
nutrients, pest control or other factors as recommended by a landscaping professional.
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14. CONSULTATION wl'1H 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 Departments
150 EXTERIOR IOR l UILDING MAT ERIAILSUR EATM ENTS
]Final building exterior treatment plan (including but not limited to details on exterior color,
material, architect -ural treatments, ligh g fixtures, and/or embellishments) shall be reviewed
and approved by the Director of Community Development prior to issuance of building
permits. The final building exterior plan shall closely resemble the details shown on the
original approved plans. Any exterior changes determined to be substantial by the Director
of Community Development shall require a modification approval with neighborhood input.
Prior to issuance of building permits, staff will review exterior material such as doors and
windows to ensure quality and consistency.
16. EXPIRATION
The approval or conditional approval of the 'tentative Map Subdivision shall expire twenty
four (24) months from the date of Administrative Hearing approvals An extension or
extensions may be approved as provided in Section 18,20.080°
170 INDEMNIFICATION
ION
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 patties 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.
180 NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR ®Tl-3[]ER 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 beguun 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.
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SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
19. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
20. 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.
21. 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.
22. 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 may be required.
Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as
appropriate.
23. DRAINAGE
Drainage shall be provided 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.
24. 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.
25. 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:
b. Grading Permit:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
$ Per current fee schedule ($3,349.00 or 6%)
$ Per current fee schedule ($2,435.00 or 6%)
$1,000.00
$1,562.00
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eo Power Costes
fo Map Checking ]Fees: $ Per current fee schedule ($4,972,00)
ga Park Bees: $]Per current fee schedule ($81,000°00)
ho Street 'free $343000 Per Tree
Based on the latest effective PG&E rate schedule approved by the PJC
Bonds:
- Faithful Performance Bond: 100% of Off-site and ®n -site Improvements
- Labor & Material Bodo 100% of off-site and On-site Improvement
- On-site Gradmi g Bond: 115% of site improvements.
The fees described above are unposed 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
charge or changes, the fees changed at that time will reflect the then current fee
schedule.
260 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.
270 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
t
Cupertino Planning Department, Santa Clara County ]Fire Department and the water
company.
230 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.
290 NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Nater 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
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Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and
maintenance.
30. 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). If C.3 improvements
are required, 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.
31. EROSION CONTROL PLAN
Developer shall 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.
32. 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.
33. 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.
34. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
35. 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.
The City will install street trees at the end of the project, and will situate the trees as close to
the developers desired location as possible, while avoiding other existing facilities.
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36. ]EIRE PROTECTION
]Fire sprinklers shall be installed in any neve construction to the approval of the City.
37. 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 ]Eire 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).
38. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County ]Fire Department
as needed.
39. CALIFORNIA FORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Nater Service Company approval for water connection, service capability
and location and layout of water limes and backflow preventers before issuance of a building
permit approval.
40. DEDICATION OF UNDERGROUND ERGROJND WATER RIGHTS
Developer shall "'quit claim" to the City all rights to pump, take or otherwise extract water
from the underground basins or any underground strata in the Santa Clara Malley.
41. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior
to issuance of building permits.
42. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including. PG&E,
AMT, and California dater Company, and/or equivalent agencies) will be required prior to
issuance of building permits.
SECTION IV: CONDITIONS ADMINISTERED BY SANTA CLARA COUNTY ]EIRE DEPT.
43. ]FIRE SPRINKLERS
An automatic residential fire sprinkler systema shall be installed in all neve one- and two-
family dwellings. The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are
responsible for consulting with the water purveyor of record in order to determine if any
modification or upgrade of the existing 'water service is required. A State of California
licensed (C-16) ]Fire ]protection Contractor shall submit playas, calculations, a completed permit
application and appropriate fees to this department for review and approval prior to
beginning their work.
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44. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire protection water
supplies. It is the responsibility of the applicant and any contractors and subcontractors to
contact the water purveyor supplying the site of such project, and to comply with the
requirements of that purveyor. Such requirements shall be incorporated into the design of
any water-based fire protection systems, and/ or fire suppression water supply systems or
storage containers that may be physically connected in any manner to an appliance capable
of causing contamination of the potable water supply of the purveyor of record. Final
approval of the system(s) under consideration will not be granted by this office until
compliance with the requirements of the water purveyor of record are documented by that
purveyor as having been met by the applicant(s).
45. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33 and our
Standard Detail and Specification SI -7. Provide appropriate notations on subsequent plan
submittals, as appropriate to the project.
46. ADDRESS IDENTIFICAITON
New and existing buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible from
the street or road fronting the property. These numbers shall contrast with their background.
Where required by the fire code official, address numbers shall be provided in additional
approved locations to facilitate emergency response. Address numbers shall be Arabic
numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high
with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private
road and the building cannot be viewed from the public way, a monument, pole or other sign
or means shall be used to identify the structure. Address numbers shall be maintained.
SECTION IV: CONDITIONS ADMINISTERED BY CALIFORNIA WATER SERVICE
47. AGREEMENT WITH CALIFORNIA WATER SERVICE
The owner or his/her assignee is responsible for securing a formal will serve letter from
California Water Service Company (CWS). Upon receipt of all required information CWS will,
if necessary, provide a written cost -estimate and letter of agreement for any work being
requested in conjunction with the development.
48. ADDITIONAL SERVICE
For the proposed subdivision of land currently receiving service, the addition of service(s) for
the subdivided parcel will be done according to the operating rules currently on file with the
CPUC (specifically CPUC Rule No. 16). To prevent delays and potential halting of
construction due to lack of water service or fire sprinkler system, it is incumbent on the
owner/developer to provide all requested information necessary for the proper sizing and
installation of water service in a timely manner.
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49. FIRE SPRINKLER SYSTEM
The owner/developer is responsible for the installation and testing of an appropriate backflow
device per CWS specifications or installation and inspection of a passive purge fire sprinkler
system. The requirement of a backflow device is determined by a certified. Cross Connection
Control Specialist employed by CWS and is based on potential hazards present on the
property. California Nater Service, in order to maintain the integrity of its water° system and
further protect the health and safety of the public, refuses to proceed with the installation of
new services or upgrade of existing service and reserves the right to discontinue existing
service until such time that the appropriate device has been i stallede
50. FIRE HYDRANT
Should the presiding Deputy ]Fire Marshall (DFM) or other such entity with the rights to
compel the installation of a fire hydrant or similar public safety appurtenances require the
installation of a fire hydrant, the ower/developer is responsible for communicating this in
writing to CATS showing plans approved by the DFM and stating the required GPM/PSI
figures. Upon receipt of all necessary information, California Nater Service will proceed
according to the operating rules currently on file with the CPUC (specifically CPUC ][yule No.
15)e
PASSED AND ADOPTED this 8th day of December, 2016 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 1901201200
ATTEST: APPROVED:
Benjamin Fu
Asst. Director of Community Development