TM-2009-05bCity of Cupertino
10300 Torre Avenue
~~~~~~~~ Cupertino, CA 95014
(408) 777-3251
C O P E ~tT I N O FAX (408) 777-3333
Communift~ Development Department
January 27, 2010
Terry Brown
10491 Scenic Boulevard
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2009-07, ASA-2009-07, TM-2009-05
This letter confirms the decision of the Planning Commission, given at the meeting of January
26, 2010, approving a Use Permit and Architectural and Site approval to allow the construction
of two 2,317 square .feet single family homes on separate lots each with a 640 square foot
detached second dwelling unit at the rear of the property and a Tentative Map to create two
parcels of approximately 6,240 square feet each, located at 10216 Pasadena Avenue, according
to Planning Commission Resolution No. (s) 6578, 6579 and 6580.
Please be aware that if this Use Permit is not used within atwo-year period, it shall expire on
January 26, 2012.
Please be aware that if the Tentative Map permit is not used within athree-year period, it shall
expire on January 26, 2013.
Also, please note that an appeal of this decision can be made within 10 calendar days from the
date of this decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
/~
/ 1
Piu Ghosh,
Associate Planner
Planning Department
Enclosures: Resolution 6578, 6579 and 6580
Cc: D&B Legacy, LLC, Mr. & Mrs. Adzich, 10164 Carmen Rd, Cupertio CA 95014
g:/planning/post hearing/actionletterTM-2009-0, TR-2009-16
TM-2009-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6580
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENTATIVE MAP TO CREATE TWO PARCELS, 6,240 SQUARE FEET EACH, AT 10216
PASADENA AVE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Tentative Parcel Map, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission 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
has satisfied the following requirements:
1) That the proposed subdivision map is consistent with the City of Cupertino General
Plan.
2) That the design and improvements of the proposed subdivision are consistent with
the General Plan.
3) That the site is physically suitable for the type and intensity of development
contemplated under the approved subdivision.
4) 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.
5) That the design of the subdivision or the type of improvements associated there with
is not likely to cause serious public health problems.
6) 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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for Tentative Parcel Map is hereby approved, subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof; 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-2007-11 as set
forth in the Minutes of the Planning Commission Meeting of November 13, 2007, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6580 TM-2009-05 January 26, 2010
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2009-05
Applicant: Terry Brown (D&B Legacy, LLC)
Location: 10216 Pasadena Ave (APN: 357-18-021)
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits prepare by LC Engineering titled "Tentative Map, Lands
of Adzich, 10216 Pasadena Ave., A.P.N. 357-18-021", except as amended by the
Conditions contained in this Resolution.
2. 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
3. STREET WIDENING
Street widening and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
4. 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.
5. 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.
6. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
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
Resolution No. 6580 TM-2009-05 January 26, 2010
Page 3
maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality
Control Board as appropriate.
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post-
developmentcalculations must be provided to indicate whether additional storm water
control measures are to be installed.
9. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
10. 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.
11. 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: $ 5 % of Off-Site Improvement Cost or
$2,468.00 minimum
b. Grading Permit: $ 6% of Site Improvement Cost or $2,217.00
minimum
c. Development Maintenance Deposit: $ 2,000.00
d. Storm Drainage Fee: Per Acreage
e. Power Cost: **
f. Map Checking Fees: $3,765.00
g. Park Fees: Per ordinance
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material $ond: 100% of Off-site and On-site Improvement
c. 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.
Resolution No. 6580 TM-2009-05 January 26, 2010
Page 4
12. 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.
13. 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.
14. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from the State Water Resources
Control Board, 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.
15. STORMWATER REQUIREMENTS
The applicant must include the use and maintenance of site design, source control and
storm water treatment BMP's, which must be designed per approved numeric sizing
criteria.
16. DEDICATION OF WATERLINES
The applicant shall dedicate to the City all waterlines and appurtenances installed to
City Standards and shall reach an agreement with San Jose Water for water service to
the subject development.
17. 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.
18. 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.
19. 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.
Resolution No. 6580 TM-2009-05 January 26, 2010
Page 5
20. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager.
21. REFUSE TRUCK ACCESS
The 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 and shall be of a type
approved by the City in accordance with Ordinance No. 125.
23. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
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.
25. 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.
26. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off site improvements.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDITIONS
(Section 66474.18 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 /Ralph Qualls
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
DESCRIPTION TO BE CONST. EXISTING
PROPERTY LNE ~~
CENTERLINE --- -------
CURB AND GUTTER __....._......._..........
CONCRETE CONC COHC
POKER POLE ~- -e-
PORE Box ^ (~
WAIEA METER ~
SANITARY SEWER - SS - - SS --
WATER LINE - W -- W ---
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2. SITE ADDRESS: 10?18 PASADENA AVENUE 11. St.WER: CUPEATINO SANITARY DISTRICT
CUPERTINO, CA 1S GAS ~ ELECTRIC: PCdIE
3. SITE AREA: 10.287 AC
16. TELEPHONE: SBC
4. ZONING PLANNED RESIDENTIAL 4.4-11 DU/ACRE 17. CABLE 1V! COMCAST
S. EI0511NG USE: RESDENTIAL
PROPOSED USE: RESIDENTIAL 18 HELLS NONE
6. ALL E>oSTwC BUILDINGS, STRUCTURES, PAVED 19. If ExIS11NG WATER METER IS NOT BEING USED
AREAS AND UTILITIES SHALL BE REMOVED.
7. ALL DIMENSIONS ANO PROPOSED GRADING ARE IT SHALL BE REMOVED AND CAPPED
PRELIMINARY AND SUBJECT TO FINAL DESIGN AT MAIN
& MINIMUM LOT SRE: NONE
20. IF ExISTINC WEFTS IS NOT BEING USED
9. STREET TREES SHALL BE PROVIDED AS REgIIRED BY THE dTY, IT SHALL BE REMOVED AND CAPPED
10. STREET LIGHTS N1LL BE INSTALLED PER THE d1Y OF CUPER11N0 21. 1HE SIZE, MATERIAL, AND LOCATION OF THE PROPOSED UTILITIES IS
STANDARDS AND DEDICATED TO THE dTY.
SUBJECT TO CHANCE, BASED ON DEMANDS, HYDRAULIC CALCULATIONS,
AND/ DR dTY STANDARD GUIDELINES.
22. ALL STRUCTURES, FENCES ANO CONCRETE SHALL BE REMOVED.
SAN FERNANDO AVE
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1. OWNER: OdcB LEGACY, LLC
R(iBERi ADZICH
2. SUBDINDER: Dk8 LEGACY, LLC
ROBERT ADZICH
10064 CARMEN ROAD
CUPEATINO, CA95014
PHONE: (408) 234-4835
2. ENGINEER: LC ENGINEERING
NINH LE, PE
1118 WASH AVENUE, SUITE 120
SANTA CLARA, CA 95050
PHONE: (406) 806-7167
FAx: (408) 583-4006
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APPLICANT: ADZICH ROAD NAME PASADENA AVENUE CITY FILE NO