Reso 084CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 84
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
TO ALLOW THE SUBDIVISION OF AN APPROXIMATELY .29 ACRE LOT INTO
TWO (2) PARCELS OF APPROXIMATELY 6,000 SQUARE FEET AT 10206 & 10208
ORANGE AVE(APN 357-18-032)
SECTION I• PROTECT DESCRIPTION
Application No.: TM -2016702
Applicant: Thomas Adamo
Location: 10206 & 10208 Orange Ave (APN: 357-18-032)
SECTION II'. FINDINGS
WHEREAS, the City of Cupertino received an application to subdivide an approximately
.29 acre lot into two (2) parcels of approximately 6,000 square feet; and
WHEREAS, prior to the Administrative Hearing the EnvironmentalReviewCommittee
heard the item on November 14, 2017 during which it reviewed the Draft Mitigated
Negative Declaration, received public comments, and recommended adoption of a
Mitigated Negative Declaration on a 4-0-1 (Brandt absent) vote; and
WHEREAS, on December 14, 2017 the Administrative Hearing Officer adopted the Initial
Study/Draft MND as the Final Initial Study/Mitigated Negative Declaration for the
project after adopting all the identified mitigation measures as conditions of approval for
the project; 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:
Resolution No. 84 TM -2016-02 December 14, 2017
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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 Residential (4.4 — 7.7 DU/acre.)
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
be consistent with the underlying single family residential standards proposed with a
minimum lot square footage of 6,000 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 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 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 Residential (4.4 — 7.7 DU/acre.)
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
be consistent with the underlying single family residential standards proposed with a
minimum lot square footage of 6,000 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.
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.
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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.
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 new
detached sidewalk construction with. size -appropriate driveway cuts and street and private
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 2 thereof, the application for a Tentative Map, Application
no. TM -2016-02, is hereby approved; and
Thatthe subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning Application
no. TM -2016-02 as set forth in the Minutes of Administrative Hearing Meeting of
December 14, 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, "10206 & 10208 Orange Avenue", drawn
by Giuliani & Kull, Inc., and Adamo & Associates, Inc., consisting of six (6) sheets
labeled Sheet 1, C-1, C-2, A0.1, A1.1, and A1.2, except as may be amended by
conditions in this resolution.
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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 no. EA -2017-03 shall be applicable to this
approval.
4. DEVELOPMENT ALLOCATION
The project is granted a development allocation of one unit from the Monta Vista
Special Planning Area allocation.
5. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (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 for the net
new residential unit and any proposed accessory dwelling units.
6. MINIMUM LOT SIZE
The minimum lot size of the parcels will be at least 6,000 s.f. upon subdivision.
7. 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.
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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.
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:
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
f. Site dust, noise and storm run-off management plan
g. Emergency/complaint and construction site manager contacts
9. DEMOLITION OF STRUCTURES
]prior to recordation of the final neap, the applicant shall demolish and remove all
non -conforming 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.
10. 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.
11. 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.
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12. 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.
13. 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."
14. 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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15. 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.
16. 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.
17. 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 I 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.
18. 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 DEPT.
1. STREET IMPROVEMENTS & DEDICATION
Provide a street dedication in fee title and frontage improvements along the project to
the satisfaction of the City Engineer.
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Street improvements may include, but not be limited to curb and gutter, new detached
sidewalk, new ADA ramp, driveways, storm drain lateral, street tree installations, and
street light and/or utility facility relocations and undergrounding, in accordance with
City standards, codes and policies as specified and to the satisfaction of the City
Engineer.
2. UTILITY POLE RELOCATION
Developer shall relocate the existing utility pole located along the project frontage to
a position behind the new curb and gutter improvements. Developer shall ensure
that there is adequate ADA access along the new sidewalk around the relocated pole.
The Developer shall work directly with PG&E and the other utility companies to have
the pole relocated prior to project final signoff.
3. UTILITY SERVICES
Developer shall install all utility services (including water, sanitary sewer and joint
trench facilities) to the properties prior to final signoff of the project.
4. TRAFFIC IMPACT FEES
The Project may be subject to pay Traffic Impact Fees. The fee is set at $6,025 per new
AM or PM peak -hour trip generated by the Project subject.
5. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (eg. walkway
and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and
the Pedestrian Transportation Guidelines, and as approved by the City Engineer.
6. 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.
7. 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.
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8. 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.
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.
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.
9. 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.
10. 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. Storm Drainage Fee:
d. Power Cost:
e. Map Checking Fees:
$ Per current fee schedule ($3,648.00 or 5%)
$ Per current fee schedule ($931.00)
$1,393.00
$ Per current fee schedule ($5,528.00)
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f. Park Fees: TBD per fee schedule (potentially $12,000)
g. Traffic Impact Fees: TBD per fee schedule (Potentially $6,025)
h. Street Tree $387.00 Per Tree
** 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: 115% 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.
11. SURVEYS
A boundary survey and a survey 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.
12. 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.
13. 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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14. 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.
15. NPDES CONSTRUCTION GENERAL PERMIT
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.
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). 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.
1 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.
17. 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.
18. 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.
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
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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. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
21. 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.
22. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
23. 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).
24. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
25. SAN TOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval for water connection, service capability
and location and layout of water lines and backflow preventers before issuance of a
building permit approval.
26. 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.
27. 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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28. 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.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 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.
a.orden, Director of Public Works
City Engineer CA License 45512
PASSED AND ADOPTED this 14th day of December, 2017 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 ection 19.12.120.
ATTEST: APPROVED:
Gian Paolo lartir
Associate Planner
Benjamin Fu
Asst. Director of Community Development