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Draft Resolution TM -2015-01 April 10, 2018
17.. FORMATION OF A PROPERTY OWNER'S ASSOCIATION
A Property Owner'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 and prior to recordation of the final map. The
following terms shall be incorporated in to the Association's Conditions, Covenants
and Restrictions:
® The members/board shall meet at a minimum of once per year
® The Association dues shall cover:
o Maintenance of common area on the property including hardscaping,
parking, landscaping and accessory items, such as trash bins/areas., tree
grates, outside trash bins, fences, 'etc;
o Repair, renovation and/or replacement . of all commonly owned
improvements, including but not limited to, pavement, curb; gutter, drainage
infrastructure, retaining wall, guard rails, landscaping, on a regular schedule,
or as otherwise necessary.
® Any changes to the CC&R's must be reviewed and approved by the City.
® Disbanding of the Association shall require an amendment to the Tentative Map
application.
18. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant running
with the land, subject to approval of the City Attorney, for all parcels to share the
common private drive or private roadway with one or more other parcels. The deed
restriction shall provide for necessary reciprocal ingress and egress easement to and
from the affected parcels over the commonparcel. The easements shall be recorded
prior to recordation of the final magi.
19. VEHICLE TURNAROUND ON PARCELS 1 AND 2
Any development on Parcel 1 and Parcel 2 shall include a vehicle turnaround area
on site subject to the review and approval by the City. This condition of approval
shall be incorporated into future permits for the sites.
4-9 20. 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.
Draft Resolution TM -2015-01 April 10, 2018
24,21. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents
(collectively, the "indemnified parties") from and against any claim, action, or
proceeding brought by a third party against one or more of the indemnified
parties or one or more of the indemnified parties and the applicant to attack, set
aside, or void this Resolution or any permit or approval authorized hereby for the
project, including (without limitation) reimbursing the City its actual attorneys' fees
and costs incurred in defense of the litigation. The applicant shall pay such
attorneys' fees and costs within 30 days following receipt of invoices from City.
Such attorneys' fees and costs shall include amounts paid to counsel not otherwise
employed as City staff and shall include City Attorney time and overhead costs and
other City staff overhead costs and any costs directly related to the litigation
reasonably incurred by City.
24-:22. 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. STREET IMPROVEMENTS
Curbs and gutters, pavement and related structures shall be installed in accordance
with grades and standards as specified by the City Engineer. The proposed street
improvements shown on Sheet TM1 are conceptual only and subject to further
review at the Building Permit stage.
Santa Clara Valley
Audubon Society
Established 1926
April 9, 2018
Planning Commission
City of Cupertino
10350 Torre Avenue
Cupertino, CA 95014
. Re: Item 3, 10234 Scenic Boulevard, on the April 10, 2018 agenda
Dear Chair Paulsen and Cupertino Planning Commissioners,
The Santa Clara Valley Audubon Society submits these comments on the proposed development
at 10234 Scenic Boulevard (Project) in Cupertino. Our organization has been headquartered at
McClellan Ranch for over 25 years and we consider Cupertino our home. Many of our members
frequent Blackberry Farm to enjoy bird watching and wildlife viewing, and care deeply about
preserving the ecological integrity of the Stevens Creek Corridor.
We hope you will recommend these suggested changes to the proposal:
10 Reduce the Project footprint
The Easternmost portion of the property slopes steeply downwards before dropping off into a
cliff just above the picnic area at Blackberry Farm. As evidence by numerous animal droppings
found on site and sightings by neighbors, the Project site serves as foraging habitat for local
wildlife moving along the Stevens Creek Corridor. Additionally, the site contains a number of
native coast live oak trees that provide habitat for birds.
For these reasons, the Project footprint should be reduced in order to preserve open space and
native trees along the Stevens Creek Corridor, and to retain the stability of the cliff above
Blackberry Farm. In particular, the large cost live oak in the center of the proposed driveway
(Tree 39) should be preserved.
20 Replace the proposed Pittosporum trees with native species
The Project proposes to plant 59 Pittosporum crassifolium trees as privacy trees between the lots.
Pittosporum is a non-native species and should not be planted so close to a riparian corridor.
Instead, we recommend planting native species with a moderate canopy, such as strawberry
trees.
22221 McClellan Road, Cupertino, CA 95.014 Phone: (408) 252-3748 * Fax: (408) 252-2850
email: scvasscvas�org * www.sevas.org
Finally, we wish to highlight the issue of unpermitted tree removal on this site. Several large,
native trees were removed or trimmed significantly without permit (above). To ameliorate this
issue, we hope the City will require that the applicant replace these trees with native species at a
3:1 ratio along the Stevens Creek Corridor. This will demonstrate the applicant's good faith and
will contribute to riparian habitat.
Thank you for your time and consideration.
Sincerely,
Mackenzie Mossing
Environmental Advocacy Associate
Santa Clara Valley Audubon Society
Cell: (408) 394-0330
22221 McClellan Road, Cupertino, CA 95014 Phone: (408) 252-3748 * Fax: (408) 252-2850
email: scvaskyscvas.org * www.scvas.org
A3 4110 // 16 '006
Beth Ebben
Subject: FW: 10234 Scenic Proposed Development as well as No Parking issue around my house
From: twnrose@gmail.com [mailto:twnrose@gmail.com]
Sent: Friday, April 06, 2018 11:42 AM
To: Erick Serrano <ErickS@cupertino.org>
Cc: patrickskwok@aol.com; Don Sun <DSun@cupertino.org>; Geoff Paulsen <GPaulsen@cupertino.org>;
artis@cupertino.org; norm.donovan@vahoo.com; Nadine Carlton <nadinecarlton2001@yahoo.com>; Jon Chang
<ionscchang@vahoo.com>; Barry Chang <bchang07@gmail.com>
Subject: 10234 Scenic Proposed Development as well as No Parking issue around my house
Dear Mr. Serrano,
We.are residents of 10195 Scenic Boulevard, where we have resided for nearly twenty years. Approximately
three months ago, without any prior notice to or consultation with us or any of our neighbors, "No Parking"
signs were installed along both sides of the street. around our house. As you can imagine, this has
caused inconvenience for us and our guests, who now are required to park along Carmen road (and hike
up/down Scenic Boulevard's steep slope to get to and from our houses and their vehicles). More importantly, a
wider street necessarily allows cars to speed through our section of the road at higher speeds, endangering
pedestrians, residents and pets who frequent our area. We have already had several close calls while walking
our dog and routinely hear the sound of cars zooming by our house.
Accordingly, we are writing to ask that the City remove the "No Parking" signs. At the very least, the City
should permit residents and their guests to park along the street (e.g., permit parking). We also ask that the City
install speed limit signs along the road to remind drivers of their obligations to keep our neighborhood safe.
Additionally, with the incoming development of 10234 Scenic Boulevard, we are writing to propose a
compromise that allows everyone to benefit equally from a convenience as well as a safety perspective. We
would like to suggest there be placed four street parking spaces alongside the 10234 Scenic Boulevard property,
so long as those parking spaces are not restricted to their residents only (in other words, four open parking
spaces). We feel that this compromise achieves the right balance between making Scenic Boulevard safe and
accessible, both for new residents as well as long-standing residents like us.
Please let us know if you have any questions or concerns.
Best regards,
Jon Chang and Muth Chen
(408) 564-4123
On Nov 13, 2017, at 5:13 PM, Erick Serrano <ErickS e`upertino.org - wrote:
V1
Beth Ebben
From: City of Cupertino Planning Dept.
Subject: FW: April 10th, 2018 public hearing
City of Cupertino, Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
Attn: Ben Fu, Assistant Director of Community Development
Tel: (408) 777-3205
Email: planningAcupertino.org
ISE: April 10, 2018 Public Hearing
Dear ICupertino Planning Commissioners,
We are residents of 10195 Scenic Boulevard, which is situated across the street from 10234 Scenic
Boulevard. We received the Notice of Public Hearing for the April 10, 2018 meeting and would like to
submit these comments to be read into the public record.
We would like to express two primary concerns with the proposed development plan, both of which
concern motorist and pedestrian safety.
First, we object to any proposal to locate the access road for the proposed development on the steep, graded
portion of Scenic Boulevard. This is a dangerous location for a driveway that would be heavily trafficked by
at least three homes. Cars coming down Scenic Boulevard fromCarmen Load would need to come to a sudden,
complete stop on a steep decline to yield to cars coming out of the driveway. Cars exiting the access road
would need to make a 90 -degree left-hand turn across downhill traffic, accelerating up the steep incline in order
to safely exit the access road. The fact that the road is curved also makes the situation even more dangerous, as
there are blind spots obstructing drivers' vision coming up the hill and out of the driveway.
With four driveways already in the vicinity (10195, 10230,10205 and 10229 Scenic), adding a heavily
trafficked ingress/egress for at least three residences on the steep portion of Scenic Boulevard simply does not
make sense.
We are opposed to any development proposal (from the developer or otherwise) that seeks to place a driveway
on the steep, graded portion of Scenic Boulevard. It is much safer and more pragmatic for the access road to be
located on the flat portion of the road, closer to the intersection of Scenic Boulevard and Carmen Load, where
the roadway is level and wider, and where visibility -is'better.
Second, we are concerned with the state of street parking near our house. Approximately three months ago,
without any prior notice to or consultation with us or any of our neighbors, "No Parking" signs were installed
along both sides of the street. As a result, since there,is`now an effectively wider road, motorist traffic going
1
both directions are now able to speed through the section of road at unsafe speeds, endangering pedestrians,
residents and pets who frequent our area. We have already had several close calls while walking our dog and
routinely hear the sound of cars zooming up and down the road by our house.
Accordingly, we feel that development proposal should include speed bumps or at the very least, speed limit
signs, to remind motorists of their obligation to keep our neighborhood safe. Moreover, we think that any street
parking created by the new development should be public parking spaces (i.e., not limited to residents of the
development). We feel this compromise achieves the right balance between making Scenic Boulevard safe and
accessible, both for new residents as well as long-standing residents like us.
Sincerely,
Jon Chang and Ruth Chen
Total Control Panel
To: planninp-kcupertino.org
From: twnrosc@pmail.com
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Beth Ebben
From:
Sent:
To:
Subject:
Attachments:
.4&W 1*- .3 lblb/�/6
Lauren Sapudar
Wednesday, April 11, 2018 9:49 AM
Beth Ebben
FW: Comments about the 10234 Scenic Development Project
Runoff Concerns.docx
-----Original Message -----
From: Tom Trankle [mailto:tltrankle@yahoo.com]
Sent: Tuesday, April 10, 2018 3:12 PM
To: Alan Takahashi<ATakahashi@cupertino.org>; Geoff Paulsen <GPaulsen @cupertino.org>; David Fung
<DFung@cupertino.org>
Cc: City Clerk <CityClerk@cupertino.org>
Subject: Comments about the 10234 Scenic Development Project
Hi
I plan to speak at the Planning Commission meeting this evening and will use the enclosed charts.
I understand that you can project images of hardcopy, so I will bring that with me.
My specific concern is about water runoff from the proposed project. My property is directly downhill from
that project.
Tom Trankle
1011 Adelheid Court
Cupertino
[O)TEMiln o a cancems,
Torn TranHe
1,0120 A de0heW Court
Cupert nc
00 Overhead woMiw of Sc e nog o oWew a rd Shmwom
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Water Runoff at tho DMevsecUon of 00000
)ou ewaa rcc� and Adelheid Court
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troes to flow cloynhM on Sonoco
o The brvater does not floIv ojobrvn the gutter.
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o suspec,,E ghat tHs cdraon os osogned to hancdHe drag raga
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0 K'-activaflvhandesaN the runoff froo event thhig on
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o D uHng a raa nsto rm, the drag n roudnee ,V cogs �,r\dth debHs
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
AMMENDED DRAFT MINUTES, February 13, 2018
PLEDGE OF ALLEGIANCE
At 6:45 p.m Chairperson Sun called to order the regular Planning Commission meeting in the
Cupertino Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA. and led the
Pledge of Allegiance.
ROLL CALL
Present: Chairperson Don Sun, Vice Chairperson Geoff Paulsen and Commissioners David
Fung, Alan Takahashi, and Jerry Liu. Absent: None
CEREMONIAL MATTERS:
1. Sinubj&t: Elect a Chair, Vice Chair and Committee representatives
Recommended Action: Elect a Planning Commission Chair, Planning Commission Vice
Chair, make a recommendation to the City Council for a representative to the Environmental
Review Committee, keep or select new representatives to the Housing Commission and
Economic Development Committee
Election of Chair:
Moved by Liu to elect Geoff Paulsen Chair of the Planning Commission and seconded by
Fung. The motion carried 5-0-0
Election of Vice Chair:
Moved by Paulsen to elect Alan Takahashi as Vice Chair of the Planning Commission and
seconded by Liu. The motion carried 5-0-0
Election to the Environmental Review Committee:
Moved by Takahashi to recommend Geoff Paulsen be approved by the City Council to the
Environmental Review Committee and for Liu (as alternate). Seconded by Sun. The motion
carried 5-0-0
Election to the Housing Commission:
Moved by Liu to elect Sun and Fung (as alternate) and seconded by Takahashi. The motion
carried 5-0-0
Election to the Design Review Committee:
Moved by Sun to elect Takahashi as Chair and dung to represent and Liu (as alternate).
Seconded by Paulsen. Motion carried 5-0-0.
Election to Economic Development Committee:
Moved by Takahashi to elect Sun and Paulsen (as alternate). Seconded by Fung. Motion
carried 5-0-0.
APPROVAL OF MINUTES
2. Subject: Draft Minutes of January 23, 2018.
Recommended Action: Approve the Draft Minutes of January 23, 2018
Moved by Sun and seconded by Fung. The motion carried 3-0-2 (Liu and Takahashi abstain)
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
ORAL COMMUNICATIONS: None
WRITTEN COMMUNICATIONS: None
PUBLIC HEARINGS: None
OLD BUSINESS: None
NEW BUSINESS:
3. Subject: Planning Commission Work Program 2018
Recommended Action: Discuss the Work Program for 2018
Assistant Director Fu presented the City Council's work program and the Commissions
Work Program from last year.
The Commissioners asked questions and received answers from Staff.
Chair Paulsen opened the public comment period and the following individual(s) spoke:
Jennifer Griffin
Chair Paulsen closed the public comment period
Moved by Chair Paulsen, second by Com. Liu, and carried 5-0-0 to request that the Planning
Commission's ideas and suggestions for review be passed along to the City Council for
inclusion in the Work Program (1. Conduct Study Sessions/Forums on the following topics:
Introduction to form -based codes/design; State of traffic conditions in Cupertino and how
traffic is measured + Transition from LOS to VMT; Update and summary of State Housing
bills; 2. Reconsider and reassess the City's allocation system and process; 3. Reevaluate the
Heart of the City plan and objectives to be consistent with the rest of the city, state and local
planning and design trends; 4. Introduce a higher design threshold to promote complete
streets, connectivity of new developments, and compliance to the 2016 Bicycle
Transportation Plan; and 5. Consider the installation of parking meters as a design tool for
parking and traffic control and alleviation)
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Assistant Director Fu reminded the Commissioners of the upcoming Panning Commissioner's
Academy in April.
REPORT OF THE PLANNING COMMISSION:
Commissioner Paulsen reported on the topics discussed in the Mayor's Monthly Meeting with
Commissioners.
ADJOURNMENT:
The meeting was adjourned at 8:15pm to the next Planning Commission meeting on February
27, 2018 at 6:45 p.m.
Respectfully Submitted:
/s/Beth Ebben
Beth Ebben, Deputy Board Clerk