102-1. Draft Resolution DP-2011-01.pdf
DP-2011-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF
TWO NEW 2,697 SQUARE FEET SINGLE FAMILY RESIDENCES
LOCATED AT 10216 ORANGE AVE
SECTION I: PROJECT DESCRIPTION
Application No.: DP-2011-01
Applicant: Terry Brown
Property Owner: Robert or Kathleen Adzich
Location: 10216 Orange Avenue (APN: 357-18-031)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Development Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a)The proposed development, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
b)The proposed development will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the City’s zoning ordinances.
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 Development Permit, Application no. DP-2011-01 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. DP-2011-01 as set forth
in the Minutes of Planning Commission Meeting of June 14, 2011, and are incorporated by reference
as though fully set forth herein.
Resolution No.DP-2011-01 June 14, 2011
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1.CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult 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.
2.CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA-2011-08 and TM-2011-02shall be applicable
to this approval.
3.DEVELOPMENT APPROVAL
Development approval to construct two new two-story 2,697 square foot residences is granted.
No allocation from the Monta Vista Area is required or granted since this replaces two existing
units on the site.
4.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. The estimated
mitigation fee for this project is $7,941 based on the 2010-2011 fiscal year rate (If building permits
are submitted after June 30, 2011, then the estimated mitigation fee for this project is $8,179 based
on the 2011-2012 fiscal year rate, subject to additional Council approved adjustments or changes).
5.FRONT YARD TREE
The applicant shall plant a 24” tree in the front setback area.
6.TREE PROTECTION
The development plans shall be reviewed and approved by the City’s consulting arborist to
determine that the improvements proposed shall not damage the health of the tree. If the
improvements cannot be designed in a manner that shall not damage the health of the tree, the
applicant shall obtain appropriate permits and plant appropriate replacements.
As part of the demolition or building permit drawings, a tree protection plan shall be prepared by
a certified arborist for the oak tree to be retained along the north property line. In addition, the
following measures shall be added to the protection plan:
For trees to be retained, chain link fencing and other root protection shall be installed around
the dripline of the tree prior to any project site work.
No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved
by the Project Arborist.
No trenching within the critical root zone area is allowed. If trenching is needed in the
vicinity of trees to be retained, the City’s consulting arborist shall be consulted before any
trenching or root cutting beneath the dripline of the tree.
Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth.
Tree protection conditions shall be posted on the tree protection barriers.
Retained trees shall be watered to maintain them in good health.
A covenant on the property shall be recorded that identifies all the protected trees, prior to
final occupancy.
The tree protection measures shall be inspected and approved by the certified arborist prior to
issuance of building permits. The City’s consulting arborist shall inspect the trees to be retained
and shall provide reviews prior to issuance of demolition, grading or building permits. A report
Resolution No.DP-2011-01 June 14, 2011
ascertaining the good health of the trees mentioned above shall be provided prior to issuance of
final occupancy.
7.LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal
per section 14.15.040 of the Landscaping Ordinance. 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.
8.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.”
9.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.
10.CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior
to issuance of building permits. Staging of construction equipment shall not occur within 15 feet
of any adjacent residential property.
11.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. Rules 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.
Resolution No.DP-2011-01 June 14, 2011
12.DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible
subject to the Building Official. The applicant shall provide evidence that materials were recycled
prior to issuance of final demolition permits.
13.PROJECT AMENDMENTS
The Planning Commission shall review amendments to the project considered major by the
Director of Community Development.
14.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 DEPARTMENT
1.STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
2.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.
3.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.
4.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.
5.DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. 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 one 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.
Resolution No.DP-2011-01 June 14, 2011
6.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.
7.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 ($2,468.00 or 5%)
b. Grading Permit: $ Per current fee schedule ($2,217.00 or 5%)
c. Development Maintenance Deposit: $ 3,000.00
d. Storm Drainage Fee: $ TBD
e. Power Cost: **
f. Map Checking Fees: $ Per current fee schedule ($3,765.00)
g. Park Fees: $ Per current fee schedule ($2,250.00)
h. Street Tree By Developer
** 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: 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.
8.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. The transformer shall not be located in the front or side building
setback area.
9.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.
10.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.
Resolution No.DP-2011-01 June 14, 2011
11.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, 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.
12.EROSION CONTROL PLAN
The 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.
13.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.
14.OPERATIONS & MAINTENANCE AGREEMENT
The 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.
15.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.
16.TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
17.TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department is needed prior to obtaining a building
permit.
18.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.DP-2011-01 June 14, 2011
19.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.
20.FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
21.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.
22.FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
23.SAN JOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval before issuance of a building permit approval.
24.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 Company for water service to the
subject development.
25.SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
26.UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, PacBell,
and California Water Company, and/or equivalent agencies) will be required prior to issuance of
building permits.
PASSED AND ADOPTED this 14th day of June, 2011,Regular Meeting of the Planning Commission
of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development Planning Commission
G:\\Planning\\PDREPORT\\RES\\2011\\DP-2011-01_1 res.doc