TM-2006-07b
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
CITY OF
CUPEIUINO
OFFICE OF THE CITY CLERK
October 2, 2006
AMENDED
Scott Kelly
Kelly Gordon Development
12241 Saratoga-Sunnyvale Rd
Saratoga, CA 95070
Consider Application Nos. TM-2006-07 and EA-2006-0S, Scott Kelly (Kellv Gordon
Development), 10114 Crescent Court, Charles Varian and Nancy Fedders (Charles Varian
Trust), APN Nos. 326-17-009 and 326-17-030. (Continued from August 15):
a) Negative Declaration
b) Tentative Map to subdivide a 2A-acre property into five parcels, with parcel sizes greater
than 10,000 square feet, and an approximately 35,000 square foot parcel for creek
dedication
Dear Mr. Kelly:
At its September 19, 2006 meeting, the Cupertino City Council granted a Negative Declaration
and approved the Tentative Map in accordance with Planning Commission Resolution No. 6406,
with direction to retain tree no. S in place and to replace trees 7 and 26 with 4S-inch box trees.
Council also authorized removal of the chain link fence that divides Varian Park from Crescent
Court to allow the residents of the new development and the neighborhood access to the park in
accordance with Planning Commission Resolution No. 6409 (Minute Order).
The Tentative Map conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit titled: "Tentative Tract Map, 10114
Crescent Court, Cupertino, CA," consisting of 1 page stamped July 25, 2006, except as
may be amended by the Conditions contained in this Resolution.
Printed on Recycled Paper
TM-2006-07
Page 2
September 20,2006
2. IRREVOCABLE OFFER OF DEDICATION
The applicant shall make an irrevocable offer of dedication to the Santa Clara Valley
Water District subject to the requirement that the City of Cupertino and the Water District
sign a Joint Use Agreement. If the City and the Water District are unable to reach an
agreement, the offer of dedication shall revert to the City of Cupertino.
3. PRIVATE ROADWAY PERCOLATION TRENCH
The private roadway shall have percolation trenches with catch basins to direct the runoff
into the trenches.
4. SWALES
Swales shall be provided on each of the lots to help with percolation of water in to the
ground.
5. NO PARKING ZONE
The portion of the roadway that is 22 feet wide shall have 'No Parking' signs posted per
City standards.
The portion of the roadway that is 28 feet wide shall have either 'No Parking' signs or a
red curb on the west side ofthe street.
6. NEW RETAINING WALL ALONG ROADWAY
The retaining wall along the roadway shall be no taller than 3 feet from the curb and shall
be faced with attractive materials such as stone veneer or natural stone.
7. PUBLIC ACCESS EASEMENT
Applicant shall record a public easement access over the private roadway. The agreement
shall be recorded in conjunction with recordation of the final map, and shall be subject to
prior approval as to form and content by the City Attorney.
8. TREE REMOVAL
The applicant shall prepare a new tentative map showing the trees to be protected on the
map. The trees to be protected shall also be recorded as outlined in condition. #11 below.
Fruit trees are not being protected as part of this tentative map application.
In the event that any or" the protected trees must be removed during the construction
process due to reasons deemed appropriate by the Director of Community Development,
then comparable diameter replacement tree(s) or field grown tree(s) shall be planted at the
same location or at locations visible to the public at the discretion of the Director.
Two 60-inch box ()r field grown oak trees shall replace trees #4 and 5. The applicant shall
plant coast live oaks, in numbers deemed appropriate by the Director of Community
Development and in places visible to the public subject to an arborist's report, for the
trees that are being removed.
TM-2006-07
-
Page 3
September 20, 2006
9. TREE PROTECTION
As part of the demolition or grading permits, a tree protection plan shall be prepared by a
certified arborist for the trees to be retained and trees on neighboring properties but
identified by the arborist as being at risk during construction. In addition, the following
measures shall be added to the protection plan:
a. For trees to be retained, chain link fencing and other root protection shall be
installed around the drip line of the tree prior to any project site work.
b. No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
c. 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 drip line of the tree.
d. Tree protection conditions shall be posted on the tree protection barriers.
e. Retained tree shall be watered according to the requirements of the tree to
maintain them in good health.
The tree protection measures shall be inspected and approved by the certified arborist
prior to issuance of demolition or grading permits. The City's consulting arborist shall
inspect the trees to be retained and shall provide reviews prior to issuance of demolition
and grading permits.
10. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $60,000 to ensure
protection of 12 oak trees, 1 Colorado Spruce and 1 Redwood tree on the site prior to
issuance of grading or demolition permits. The bond shall be returned after completion
of construction, subject to a letter from the City Arborist indicating that the trees are in
good condition.
11. COVENANTS. CONDITIONS & RESTRICTIONS (CC&R's)
Covenants, Conditions and Restrictions (CC&Rs) that address the following shall be
recorded:
a. Roadway Maintenance Agreement: A reciprocal maintenance agreement shall be
required for all parcels that share a common private drive or private roadway with one or
more other parcels within the tract.
b. Protected Trees: Trees to be retained are: #1, 2, 3, 7, 8, 13, 14, 16, 18,20,23,28,
29 and 30. New trees are to be planted, the location of which shall be reviewed and
approved by the Director of Community Development and recorded in the CC&R's.
c. Lot 5 Foundation: The residence on Lot 5 shall be supported on drilled piers.
d. Lot 1 Landscaping: No landscaping other than a lawn is permitted within the 40-
foot sight triangle for comer lots.
e. Geotechnical Plan Review: The applicant's Geotechnical consultant should
review and approve all Geotechnical aspects of the development plans (i.e., site
pr~paration and grading, site drainage improvements and design parameters for
TM-2006-07
Page 4
September 20, 2006
foundation and retaining walls) to ensure that their recommendations have been properly
incorporated.
The results of the Geotechnical plan review should be submitted by the Geotechnical
consultant in a letter and submitted to the City for review and approval by City Staff prior
to approval of building permits.
f. Geotechnical Field Inspection: The Geotechnical consultant should inspect, test
(as needed), and approve all Geotechnical aspects of the project construction. The
inspections should included, but not necessarily be limited to: site preparation and
grading, site surface and subsurface drainage improvements and excavations for
foundation and retaining walls prior to the placement of steel and concrete.
The results of these inspections and the as-built conditions should be described by the
Geotechnical consultant in a letter and submitted to the City Engineer for review prior to
final project a:\1proval.
g. Future Trail: A note shall be recorded that informs future homeowners that the
City of Cupertino owns land around the subdivision and there might be future trails along
Stevens Creek.
The CC&R's shall be recorded in conjunction with recordation of the final map, and
shall be subject to prior approval as to form and content by the City Attorney.
12. SLOPE EASEMENT
A slope easement shall be recorded at the rear of lots 4 and 5 of the subdivision
prohibiting principal dwellings, accessory structures, including porches, including
guesthouses, detached garages and swimming pools within 25 feet from the top of the
cliff, unless measures to stabilize the cliff or mitigate the impact of cliff retreat are
incorporated into the design and construction. Note: The top of the cliff does not coincide
with the property line.
13. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff
prior to any grading, development or construction. Staging of construction equipment
shall not occur within 20 feet of any residential property, within the 20-foot right-of-way
or within 25 feet of the top of cliff on lots 4 & 5.
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, res~rvations, 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.
TM-2006-07
Page 5
September 20, 2006
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
15. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
16. ROAD SITE IMPROVEMENTS
Curbs and gutters, sidewalks, retaining walls and related structures shall be installed in
accordance with grades and standards as specified by the City Engineer.
17. 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.
18. FIRE HYDRANT
Fire hydrants shall be located as required by the City, Santa Clara County Fire and San
Jose Water Company, as needed.
19. 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.
20. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Development in all
other zoning districts shall be served by on site storm drainage facilities connected to the
City storm drainage system. If City storm drains are not available, drainage facilities
shall be installed to the satisfaction of the City Engineer.
* Pre- and Post Development Calculations are reauired to determine if additional
storm drain facilities shall be reauired.
21. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City and
Santa Clara County Fire, as needed.
22. 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
TM-2006-07
Page 6
September 20, 2006
provlslOns. Said plans shall be subject to prior approval of the affected Utility provider
and the City Engineer.
23. 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 Road Site Improvement Costs or
$2,130.00 min.
b. Grading Permit: $ 6% of Site Improvement Costs or $2,000.00 min.
c. Development Maintenance Deposit: $ 3,000.00
d. Storm Drainage Fee: $ 3,096.00
e. Power Cost: **
f. Map Checking Fees: $ 6,750.00
g. Park Fees: $ 63,000.00
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the Public Utility
Commission (P.U.C.)
Bonds:
a. Faithful Performance Bond: 100% of Road Site improvements
b. Labor & Material Bond: 100% of Road Site improvements
c. 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.
24. 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.
25. 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 for water service to the
subject development.
TM-2006-07
Page 7
September 20,2006
26. DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
The applicant must include the use and maintenance of site design, source control and
stormwater treatment BMP's, which must be designed per approved numeric sizing
criteria. The property owners with treatment BMPs will be required to certify on-going
operation and maintenance.
Also, the applicant and the City shall enter into a recorded agreement and covenant
running with the land for perpetual BMP maintenance by the property owners(s). In
addition, the owner(s) and the City shall enter into a recorded easement agreement and
covenant running with the land allowing City access at the site for BMP inspection.
27. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a notice of intent (NOI) from the State Water Resources
Control Board, which encompasses a preparation of a Storm Water Pollution Prevention
Plan (SWPPP), use of construction Best Management Practices (BMP's) to control storm
water runoff quality and BMP inspection and maintenance.
28. EROSION CONTROL PLAN
The developer must provide an apprqved 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.
29. LETTERS OF APPROVAL
The developer must gain will serve letters from all utility companies prior to issuance of
final map.
In addition, the applicant must obtain written authorization from the Santa Clara Valley
Water District (SCYWD) and all other applicable agencies prior to issuance of final map.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
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, 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.
TM-2006-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6406
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROV AL OF A TENT A TIVE SUBDIVISION MAP TO
SUBDIVIDE A 2.4-ACRE PARCEL INTO FIVE SINGLE FAMILY RESIDENTIAL
PARCELS WITH AN AVERAGE LOT SIZE OF 11,329 SQ. FT. IN A R1-10 ZONING
DISTRICT AND ONE 37,073 SQ. FT. PARCEL TO BE DEDICATED TO THE SANTA
CLARA V ALLEY WATER DISTRICT LOCATED AT 10114 CRESCENT COURT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision 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 COrhmission 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
therewith 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 Subdivision Map is hereby
recommended for approval, 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 No. 6406
Page 2
TM-2006-07
August 8, 2006
resolution are based and contained in the public hearing record concerning Application
No. TM-2006-07 as set forth in the Minutes of the Planning Commission Meeting of
August 8,2006, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2006-07
Applicant: Scott Kelly (Nancy Fedders and Charles Varian)
Location: 10114 Crescent Court
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit titled: "Tentative Tract
Map, 10114 Crescent Court, Cupertino, CA," consisting of 1 pages stamped July
25, 2006, except as may be amended by the Conditions contained in this
Resolution.
2. IRREVOCABLE OFFER OF DEDICATION
The applicant shall make an irrevocable offer of dedication to the Santa Clara
Valley Water District subject to the requirement that the City of Cupertino and
the Water District sign a Joint Use Agreement. If the City and the Water District
are unable to reach an agreement, the offer of dedication shall revert to the City
of Cupertino.
3. PRIVATE ROADWAY PERCOLATION TRENCH
The private roadway shall have percolation trenches with catch basins to direct
the runoff into the trenches.
4. SWALES
Swales shall be provided on each of the lots to help with percolation of water in
to the ground.
5. NO PARKING ZONE
The portion of the roadway that is 22 feet wide shall have 'No Parking' signs
posted per City standards.
The portion of the roadway that is 28 feet wide shall have either 'No Parking'
signs or a red curb on the west side of the street.
6. NEW RETAINING WALL ALONG ROADWAY
The retaining wall along the roadway shall be no taller than 3 feet from the curb
and shall be faced with attractive materials such as stone veneer or natural stone.
7. PUBLIC ACCESS EASEMENT
Applicant shall record a public easement access over the private roadway. The
agreement shall be recorded in conjunction with recordation of the final map,
and shall be subject to prior approval as to form and content by the City
Attorney.
Resolution No. 6406
Page 3
~
TM-2006-07
-'
August 8, 2006
8. TREE REMOVAL
The applicant shall prepare a new tentative map showing the trees to be
protected on the map. The trees to be protected shall also be recorded as outlined
in condition #11 below. Fruit trees are not being protected as part of this
tentative map application.
In the event that any of the protected trees must be removed during the
construction process due to reasons deemed appropriate by the Director of
Community Development, then comparable diameter replacement tree(s) or field
grown tree(s) shall be planted at the same location or at locations visible to the
public at the discretion of the Director.
Two 60-inch box or field grown oak trees shall replace trees #4 and 5. The
applicant shall plant coast live oaks, in numbers deemed appropriate by the
Director of Community Development and in places visible to the public subject
to an arborist's report, for the trees that are being removed.
9. TREE PROTECTION
As part of the demolition or grading permits, a tree protection plan shall be
prepared by a certified arborist for the trees to be retained and trees on
neighboring properties but identified by the arborist as being at risk during
construction. In addition, the following measures shall be added to the
protection plan:
a. For trees to be retained, chain link fencing and other root protection shall
be installed around the drip line of the tree prior to any project site work.
b. No parking or vehicle traffic shall be allowed under root zones, unless
using buffers approved by the Project Arborist.
c. 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 drip
line of the tree.
d. Tree protection conditions shall be posted on the tree protection barriers.
e. Retained tree shall be watered according to the requirements of the tree to
maintain them in good health.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of demolition or grading permits. The City's consulting
arborist shall inspect the trees to be retained and shall provide reviews prior to
issuance of demolition and grading permits.
10. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $60,000 to
ensure protection of 12 oak trees, 1 Colorado Spruce and 1 Redwood tree on the
site prior to issuance of grading or demolition permits. The bond shall be
returned after completion of construction, subject to a letter from the City
Arborist indicating that the trees are in good condition.
Resolution No. 6406
Page 4
TM-2006-07
August 8, 2006
11. COVENANTS, CONDITIONS & RESTRICTIONS (CC&R's)
Covenants, Conditions and Restrictions (CC&Rs) that address the following shall
be recorded:
a. Roadway Maintenance Agreement: A reciprocal maintenance agreement
shall be required for all parcels that share a common private drive or
private roadway with one or more other parcels within the tract.
b. Protected Trees: Trees to be retained are: #1,2,3, 7, 8, 13, 14, 16, 18, 20, 23,
28,29 and 30. New trees are to be planted, the location of which shall be
reviewed and approved by the Director of Community Development and
recorded in the CC&R's.
c. Lot 5 Foundation: The residence on Lot 5 shall be supported on drilled
piers.
d. Lot 1 Landscaping: No landscaping other than a lawn is permitted within
the 40-foot sight triangle for corner lots.
e. Geotechnical Plan Review: The applicant's Geotechnical consultant
should review and approve all Geotechnical aspects of the development
plans (i.e., site preparation and grading, site drainage improvements and
design parameters for foundation and retaining walls) to ensure that their
recommendations have been properly incorporated.
The results of the Geotechnical plan review should be submitted by the
Geotechnical consultant in a letter and submitted to the City for review
and approval by City Staff prior to approval of building permits.
f. Geotechnical Field Inspection: The Geotechnical consultant should
inspect, test (as needed), and approve all Geotechnical aspects of the
project construction. The inspections should included, but not necessarily
be limited to: site preparation and grading, site surface and subsurface
drainage improvements and excavations for foundation and retaining
walls prior to the placement of steel and concrete.
The results of these inspections and the as-built conditions should be
described by the Geotechnical consultant in a letter and submitted to the
City Engineer for review prior to final project approval.
g. Future Trail: A note shall be recorded that informs future homeowners
that the City of Cupertino owns land around the subdivision and there
might be future trails along Stevens Creek.
The CC&R's shall be recorded in conjunction with recordation of the final map,
and shall be subject to prior approval as to form and content by the City
Attorney.
12. SLOPE EASEMENT
A slope easement shall be recorded at the rear of lots 4 and 5 of the subdivision
prohibiting principal dwellings, accessory structures, including porches,
including guesthouses, detached garages and swimming pools within 25 feet
from the top of the cliff, unless measures to stabilize the cliff or mitigate the
Resolution No. 6406
Page 5
TM-2006-07
-
August 8, 2006
impact of cliff retreat are incorporated into the design and construction. Note:
The top of the cliff does not coincide with the property line.
13. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and
approved by staff prior to any grading, development or construction. Staging of
construction equipment shall not occur within 20 feet of any residential property,
within the 20-foot right-of-way or within 25 feet of the top of cliff on lots 4 & 5.
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
15. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
16. ROAD SITE IMPROVEMENTS
Curbs and gutters, sidewalks, retaining walls and related structures shall be
installed in accordance with grades and standards as specified by the City
Engineer.
17. 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.
18. FIRE HYDRANT
Fire hydrants shall be located as required by the City, Santa Clara County Fire
and San Jose Water Company, as needed.
19. 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
Resolution No. 6406
Page 6
TM-2006-07
August 8, 2006
Regional Water Quality Control Board as appropriate.
20. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Development
in all other zoning districts shall be served by on site storm drainage facilities
connected to the City storm drainage system. If City storm drains are not
available, drainage facilities shall be installed to the satisfaction of the City
Engineer.
* Pre- and Post Development Calculations are required to determine if
additional storm drain facilities shall be required.
21. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City and Santa Clara County Fire, as needed.
22. 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.
23. 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:
$2,130.00 min.
b. Grading Permit:
$ 5% of Road Site Improvement Costs or
$ 6% of Site Improvement Costs or
$2,000.00 min.
c. Development Maintenance Deposit: $ 3,000.00
d. Storm Drainage Fee: $ 3,096.00
e. Power Cost: **
f. Map Checking Fees: $ 6,750.00
g. Park Fees: $ 63,000.00
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the Public
Utility Commission (P.U.C.)
Bonds:
a. . Faithful Performance Bond: 100% of Road Site improvements
Resolution No. 6406
Page 7
TM-2006-07
-
August 8, 2006
b. Labor & Material Bond: 100% of Road Site improvements
c. 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.
24. 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.
25. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances
installed to City Standards and shall reach art agreement with San Jose Water for
water service to the subject development.
26. DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
The applicant must include the use and maintenance of site design, source
control and stormwater treatment BMP's, which must be designed per approved
numeric sizing criteria. The property owners with treatment BMPs will be
required to certify on-going operation and maintenance.
Also, the applicant and the City shall enter into a recorded agreement and
covenant running with the land for perpetual BMP maintenance by the property
owners(s). In addition, the owner(s) and the City shall enter into a recorded
easement agreement and covenant running with the land allowing City access at
the site for BMP inspection.
27. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a notice of intent (NOI) from the State Water
Resources Control Board, which encompasses a preparation of a Storm Water
Pollution Prevention Plan (SWPPP), use of construction Best Management
Practices (BMP's) to control storm water runoff quality and BMP inspection and
maintenance.
28. 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.
29. LETTERS OF APPROVAL
The developer must gain will serve letters from all utility companies prior to
issuance of final map.
In addition, the applicant must obtain written authorization from the Santa Clara
Resolution No. 6406
Page 8
TM-2006-07
.-
August 8, 2006
Valley Water District (5CVWD) and all other applicable agencIes pnor to
issuance of final map.
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
Is/Ralph Qualls
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 8th day of August 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chairperson Miller, Saadati, Wong
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: Vice Chair Giefer, Chien
ATTEST:
APPROVED:
/s/Ciddy Wordell
Ciddy Wordell
City Planner
/ s/Marty Miller
Marty Miller, Chair
Planning Commission
G:\Planning\PDREPORT\RES\2006\ TM-2006-07 res.doc
-
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6409 (MINUTE ORDER)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE COUNCIL AUTHORIZE REMOV AL OF THE FENCE
DIVIDING VARIAN PARK
PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TM-2006-07 (EA-2006-08)
Scott Kelly (Kelly Gordon Development)
10114 Crescent Court
The Planning Commission discussed the Tentative Map application for the project at
10114 Crescent Court on August 8th, 2006. In the course of hearing the item, the
Planning Commission expressed concern over the chain link fence that divides Varian
Park preventing access from Crescent Court into the tot lot and the developed portion
of the park. Therefore, the Planning Commission recommends that the City Council
authorize the removal of the fence to allow the residents of the new development and
the neighborhood access to the park.
PASSED AND ADOPTED this 8th day of August, 2006 at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chairperson Miller, Saadati, Wong.
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: Vice-Chair Giefer, Chien
ATTEST:
APPROVED:
/s/Ciddy Wordell
Ciddy Wordell
City Planner, Community Development
/ s / Marty Miller
Marty Miller, Chairperson
Planning Commission
MARIUS E. Na5EN. R.C.E. 20597. EXP. 9/07
NELSEN ENGINEERING
21801 STEVENS CREEK BOULEVARD
CUPERTINO. CAUFORNIA. 95014
TEL. (408) 257-6452 FAX: (408) 257-6821
PROPERTY ADDRESS AND UN:
10114 CRESCENT CT.
CUPERTINO. CAUFORNIA
APN: 326-17-009 AND -030
PROPOSED NUMBER OF LOTS: 5
PROJECT AREA: 104,974 SQ. FT. (2.4 AC)
UT1UTIES:
ELECTRIC AND GAS. P.G. &: E.
WATER. SAN JOSE WATER COMPANY
TELEPHONE. sac
SEWER, CUPERTINO SANITARY DISTRICT
Il Y RESIDENTIAL
PROPOSED LAND USE: SINGLE FJMll Y RESIDENTIAL
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PROJECT INFORMATION
APPLICANT:
KELLY GORDON DEVElOPMENT CORP.
12241 SARATOGA-SUNNYVALE RD.
SARATOGA
CAUFORNIA 95070
408-873-8774
8NClNEER:
OJfN1/R:
THE FEDDERS-VARIAN UVlNG TRUST
10114 CRESCENT COURT
CUPERTINO
CAUFORNIA 95014
408-255-0980
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