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103-2 - TM-2014-01 Draft Resolution.pdf TM-2014-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A .62 NET ACRE PARCEL INTO SIX RESIDENTIAL LOTS AND ONE COMMON AREA LOT LOCATED AT 10121 N. FOOTHILL BLVD SECTION I: PROJECT DESCRIPTION Application No.: TM-2014-01 Applicant: Tate Development Property Owner: Foothill Auto Service & Detail, Inc. Location: 10121 N. Foothill Boulevard (APN 342-32-070) SECTION II: FINDINGS FOR A TENTATIVE MAP: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Map as described in Section I. of this Resolution; and WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; 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. That the proposed subdivision map is consistent with the City of Cupertino General Plan. The proposed tentative map is in conformance with the General Plan Land Use Map of the City of Cupertino, since it is consistent with the existing land use designation (Commercial/Residential). In addition, the subdivision design is consistent with General Policies that encourage development to activate streetscapes, be oriented to public streets, and avoid walls and gates that isolate developments from the community. b. That the design and improvements of the proposed subdivision are consistent with the General Plan. The subdivision design and improvements are in conformance with the General Plan. The improvements will enhance pedestrian and vehicular safety and maximize site landscaping and permeability. c. That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. Draft Resolution TM-2014-01 April 22, 2014 The property involved is physically suitable in size and shape to conform to development standards and is appropriately configured to accommodate reasonable single-family dwelling units and workspaces. The proposed subdivision is compatible with the adjoining land uses and no physical constraints are present that would conflict with anticipated land use development. d. That the site is physically suitable for the proposed density of development. The property involved is physically suitable in size and shape to conform to development standards and is appropriately configured to accommodate reasonable single-family dwelling units and workspaces. The proposed density is 6.89 dwelling units per acre, where 15 dwelling units per acre are allowed. e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and unavoidable injure fish and wildlife or their habitat. The proposed subdivision design is not likely to cause substantial environmental damage nor substantially and unavoidably injure fish and wildlife or their habitat; mitigation measures related to biological resources will be incorporated as part of the CEQA review process to mitigate potential impacts to a less than significant level. f. That the design of the subdivision or the type of improvements associated there with is not likely to cause serious public health problems. The proposed subdivision design or type of improvements associated there with is not likely to cause serious public health problems, as relevant mitigation measures will be incorporated as part of the CEQA review process to mitigate potential impacts to a less than significant level. 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. The proposed subdivision design or type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; a portion of the property will be dedicated to the City for street frontage improvements, and a private road is proposed for access to the lots created by the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, 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,: A Mitigated Negative Declaration (Application no. EA-2014-01) is hereby recommended for adoption; and the application for a Tentative Map, Application no. TM-2014-01 is hereby recommended for approval 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-2014-01 as set forth in the Minutes of Planning Commission Meeting of April 22, 2014, and are incorporated by reference as though fully set forth herein. Draft Resolution TM-2014-01 April 22, 2014 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Planning Division: 1. APPROVED EXHIBITS Approval recommendation is based on the Tentative Map sheet labeled TM in the plan set received April 16, 2014 consisting of 39 sheets labeled A0-A19, AL1.1-AL1-4, C1-C5, TM, L0, L0.1, L0.2, L1, L2, L2.1, and L2.2, entitled, “Foothill Blvd PUD, 10121 N Foothill Blvd., Cupertino, CA 95014,” drawn by Modative, SMP Engineers, and Miriam Rainville; 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. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. Z-2014-01, DP-2014-02, ASA-2014-02, and TR-2014- 08 shall be applicable to this approval. 4. TENTATIVE MAP APPROVAL Tentative Map approval is granted to subdivide a .62 net acre parcel into seven lots as described below: Lot 1 (Home 1 and workspace): 4,750 s.f. (.10 acres) Lot 2 (Home 2 and workspace): 3,603 s.f. (.08 acres) Lot 3 (Home 3 and workspace): 3,603 s.f. (.08 acres) Lot 4 (Home 4 and workspace): 3,103 s.f. (.07 acres) Lot 5 (Home 5 and workspace): 3,177 s.f. (.07 acres) Lot 6 (Home 6): 4,119 s.f. (.09 acres) Lot 7 (Common area): 4,290 s.f. (.09 acres) 5. FORMATION OF A HOMEOWNERS ASSOCIATION (HOA) AND COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&Rs): A Homeowner’s Association shall be formed to maintain the common areas of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the City Attorney and the Director of Community Development prior to recordation of final map. A deposit determined by staff shall be provided for the City Attorney’s review. The CC&Rs shall include, but not be limited to the following terms: a. The members/board shall meet at a minimum of once/year b. The Association dues shall cover: i. Maintenance of common area on the property including driveways, walkways, hardscaping, parking, landscaping and accessory items, such as trash bins/areas, on and off-site landscaping and trees, outside trash bins, fences, etc, ii. Building and site repair on a regular schedule, or as otherwise necessary, and building renovation and replacement as necessary. Draft Resolution TM-2014-01 April 22, 2014 c. Private roadway and driveway maintenance d. Protection and maintenance of perimeter privacy trees/shrubs e. Any changes to the CC&R’s must be reviewed and approved by the City f. Disbanding of the Association shall require an amendment to the development permit. g. Usage of workspaces h. Permitted and prohibited workspace uses i. Workspace performance standards j. Signage for the workspaces k. Procedures for maintenance in the City’s right-of-way l. Procedures for architectural and site modifications i. Environmental mitigation monitoring j. Compliance with other project conditions of approval k. Trash Management: The HOA shall fund the City’s time in monitoring the site and the street on collection days to see what impact the work spaces have on the neighborhood, the traffic, and the containment of the trash/recycling and organics using toters in a relatively dense configuration. Additional measures, including, but not limited to, construction of a trash enclosure, may be required if problems persist. 6. ROAD MAINTENANCE AGREEMENT: A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more parcels. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content of the City Attorney. 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. 8. EXPIRATION The approval or conditional approval of a tentative subdivision map shall expire thirty-six (36) months from the date of City Council approval. An extension or extensions may be approved as provided in Section 18.20.080, or when required by the Subdivision Map Act. 9. 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. 10. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys’ fees and costs incurred in Draft Resolution TM-2014-01 April 22, 2014 defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 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 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. The proposed detached sidewalk on Foothill Blvd will require 3’ of dedication along the project frontage. It is not acceptable to reduce the pavement width to achieve the 11’ wide landscape and sidewalk area. No narrowing of Foothill Blvd will be permitted. 2. STREET IMPROVEMENTS Curbs and gutters, driveways, sidewalks, pavement and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. Project shall construct two new ADA ramps at the northwest and southwest corners of the Foothill Blvd/Silver Oak Way intersection and improve up to half of street along the project frontage on Silver Oak Way and Foothill Blvd. Project shall extend a new storm drain main west from Foothill Blvd along Silver Oak Way to serve the project. No connection to the back of the existing catch basin will be permitted. In addition, the project shall construct a storm drain on Silver Oak Way. 3. PEDESTRIAN AND BICYCLE IMPROVEMENTS Developer shall provide pedestrian and bicycle related improvements consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the City Engineer. The City Engineer shall have the final authority to approve the proposed pedestrian improvement at Foothill Blvd & Silver Oak Way. If the proposed bulb-out is approved, additional improvements may be required such as storm inlet and lateral to address drainage. 4. 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 Draft Resolution TM-2014-01 April 22, 2014 properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 5. 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. 6. 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 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. 7. 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. 8. 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 ($2,707 or 5%) b. Grading Permit: $ Per current fee schedule ($2,542.00 or 6%) c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: $ TBD e. Power Cost: ** f. Map Checking Fees: $ Per current fee schedule ($8,213.00) g. Park Fees: $ Per current fee schedule ($9,000 per unit) h. Street Tree $338 per tree to be installed by City ** 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 Draft Resolution TM-2014-01 April 22, 2014 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. Draft Resolution TM-2014-01 April 22, 2014 All storm water management plans are required to obtain certification from a City approved third party reviewer. 14. 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. 15. 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. 16. 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. 17. 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. 18. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 19. FULL TRASH CAPTURE SYSTEM The developer will be responsible for installing a full trash capture system/device to capture trash from the onsite storm drain before the storm water reaches the City owned storm drain system and storm inlets in the street adjacent to the project, to the satisfaction of the City Engineer. A full capture system or device is a single device or series of devices that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional Permit section C.10 for further information/requirements). 20. TRASH MANAGEMENT The proposed pilot trash management plan must be designed to the satisfaction of the Environmental Programs Manager. Additional off-street parking maybe reduced to accommodate the requirements. Clearance by the Public Works Department is needed prior to obtaining a building permit. The following is required: a. Since this group of homes may have five home businesses, at a minimum Homes 1-5 shall be able to provide an extra 64-gallon recycling bin for each “work area” (in addition to the bins for each home). Draft Resolution TM-2014-01 April 22, 2014 b. There shall be spaces drawn on the plan showing the spaces for 23 toters (18 regular + 5 additional for workspaces) to be stored once weekly on the street. c. Since this project would normally be required to have a trash enclosure, the HOA shall fund the City’s time in monitoring the site and the street on collection day to see what impact the work spaces have on the neighborhood, the traffic, and the containment of the trash/recycling and organics using toters in a relatively dense configuration. Additional measures, including, but not limited to, construction of a trash enclosure, may be required if problems persist. 21. REFUSE TRUCK ACCESS Developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 22. 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. 23. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 24. 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). 25. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 26. SAN JOSE 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. 27. DEDICATION OF WATERLINES Developer shall dedicate to the City all water mains and appurtenances installed to City Standards. The developer shall reach an agreement with San Jose Water Company for water service to the subject development. 28. 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. 29. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. Draft Resolution TM-2014-01 April 22, 2014 30. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and 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 66474.10 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices /s/Timm Borden Timm Borden, Director of Public Works City Engineer CA License 45512 PASSED AND ADOPTED this 22nd day of April, 2014, 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: Gary Chao Paul Brophy, Chair Assist. Director of Community Development Planning Commission G:\Planning\PDREPORT\RES\2014\TM-2014-01 res.doc