TM-2013-03b OFFICE OF THE CITY CLERK
.�'
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
C U P E RT 1 N O TELEPHONE: (408)777-3223• FAX: (408)777-3366
To: Planning Department
From: Grace Schmidt
Subject: Subject: Applications for a subdivision of a single-family zoned lot into
three (3) residential lots and one (1) private roadway area, and rezoning of a
single-family zoned property from R1-10 to R1-7.5
Recommended Action: Conduct the first reading of Ordinance No. 13-
2112:"An Ordinance of the Cupertino City Council approving the rezoning
of a .96 gross acre lot, from R1-10 (minimum lot size of 10,000 square foot) to
R1-7.5 (minimum lot size of 7,500 square feet) located at 20840 McClellan Rd,
APN 359-20-031"; The Planning Commission recommends that the City
Council approve application TM-2012-03 per Resolution No. 6722; Conduct
the first reading and approve application Z-2012-01 per Resolution No. 6723;
and approve the Mitigated Negative Declaration
Descri�tion: Application No(s): TM-2012-03, Z-2012-01 EA-2012-04;
Applicant: James Chen (Cherryland, LLC); Location: 20840 McClellan Road;
Parcel Map to subdivide an existing single family lot into 3 residential lots
and 1 common area lot; Re-Zoning of a .96 acre parcel from Single Family
Residential (R1-10) to Single Family Residential (R1-7.5)
Date: September 19, 2013
On September 17 the City Council made the following action:
APPROVED A MITIGATED NEGATIVE DECLARATION
APPROVED TM-2012-03
CONDUCTED THE FIRST READING OF Z-2012-01
CITY OF CUPERTINO
MITIGATED NEGATIVE DECLARATION
As provided by the Environmental Assessment Procedure adopted by the City Council of the City of
Cupertino on May 27, 1973, and amended on March 4, 1974, January 17 1977, May 1, 1978, and July 7,
1980, the following described project was granted a Mitigated Negative Declaration by the City Council
of the City of Cupertino on November 4, 2013
PROTECT DESCRIPTION AND LOCATION
Application No.: EA-2012-04, TM-2012-04, Z-2012-01
Applicant: James Chen (Cherryland, LLC)
Location: 20840 McClellan Road
DISCRETIONARY ACTION REQUEST
Parcel Map to subdivide an existing single family lot into 3 residential lots and 1 common area lot;
Re-Zoning of a .96 acre parcel from Single Family Residential (R1-10) to Single Family Residential(R1-
7.5)
FINDINGS OF DECISIONMAKING BODY
The City Council granted a Mitigated Negative Declaration since the project is consistent with the
General Plan and there are no significant environmental impacts.
The applicant shall adhere to all of the conditions required by the Planning Commission on August 27,
2013 including but not limited to:
1) Soil in the outlined contaminated area will be removed at depths from 6" to 8" or until clean soil
is detected
2) Standard mitigating measures will be in place during construction to minimize dust
3) If trees are to be removed, they will be removed after nesting season
4) Should any cultural artifacts be discovered, work shall cease and the proper authorities be
contacted
/s/Aarti Shrivastava
Aarti Shrivastava
Director of Community Development
CERTIFICATE OF THE CITY CLERK
This is to certify that the above Mitigated Negative Declaration was filed in the Office of the City Clerk
of the City of Cupertino on 11-05-2013
/s/Grace Schmidt
City Clerk
glerclnegEA201204
TM-2012-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, Califomia 95014
RESOLUTION NO. 6722
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL TO SUBDIVIDE A .96 GROSS ACRE LOT INTO FOUR LOTS: ONE LOT IS FOR
A PRIVATE ROAD TOTALING 13,075 SQUARE FEET, AND THE REMAINING THREE
LOTS RANGE IN SIZE FROM 8,051 TO 9,448 SQUARE FEET TO BE DEVELOPED AS
SINGLE-FAMILY HOMES, LOCATED AT 20840 MCLELLAN RD, APN 359-20-031
SECTION I: PROJECT DESCRIPTION &RECITALS
Application No.: TM-2012-03
Applicant: James Chen (Cherryland, LLC)
Property Owner: Sue Jane Han(Cherryland, LLC)
Location: 20840 McClellan Rd (APN 359-20-031)
Subject: Subdivision into four lots (one for a private road)
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 necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission held a public hearing on August 27, 2013 in regard
to the application; and
NOW, THEREFORE, BE IT RESOLVED:
After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Planning Commission hereby recommends approval of Application no. TM-2012-03 based
upon the findings described in Section II of this resolution, the public hearing record and the Minutes of
Planning Commission Meeting of August 27, 2013, and subject to the conditions specified in Section III of
this resolution.
SECTION II: FINDINGS
1. 'That the proposed subdivision map is consistent with the City of Cupertino General Plan.
The subdivision is in conformance with the General Plan Land Use Map of the City of Cupertino, since the
land use designation will be identical (Low Density, 1-5 density units/gross acre) and the proposal furthers the
policies stipulated in the General Plan. For example, the project is proposing additional housing units for a
more balanced ratio of jobs and housing (GP Policy 2-19).
2. That the design and improvements of the proposed subdivision are consistent with the General
Plan.
The subdivfsion design and improvements are in conformance with the General Plan.
Resolution No.6722 TM-2012-03 August 27,2013
3. That the site is physically suitable for the type and intensity of development contemplated under the
approved subdivision.
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. The proposed subdivision is
compatible with the adjoining land uses and no physical constraints are present that would conflict with
anticipated land use development.
4. 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. The proposed density is
3.12 dwelling units per acre, where 1-5 dwelling units per acre are allowed.
5. 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.
6. 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.
7. 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.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set received September 19, 2012, consisting of four sheets labeled 1, 2,
3, C-1, entitled, "Tentative Map" drawn by Civil and Structural Engineers; and the conceptual
elevations dated May 20, 2012 consisting of three sheets labeled A3.1, A3.2, and A3.3, entitled,
"Arch. Design Under Separated (sic) Permit" drawn by H.M.C. Associates, LLP, 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.
Resolution No.6722 TM-2012-03 August 27,2013
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans.
4. PLANNING PERMITS REQUIRED FOR NEW HOMES
The applicant and/or owner shall obtain the appropriate approvals from the City for all of the
proposed residential homes �rior to recordation of the final map. Proposals for two-story residences
shall be subject to either a Two-Story or Residential Design Review permit per the Single-Family
Residential (R1) Zoning Ordinance prior to a.�plying for building �ermits. The proposals shall
closely resemble the quality and design as indicated on the conceptual drawings submitted with the
application for TM-2012-03.
5. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building permits
for the future residential dwelling units.
6. DEVELOPMENT APPROVAL AND ALLOCATION
Approval is granted to subdivide a .96 gross acre parcel into four lots: one lot will be developed as a
private road totaling 13,075 square feet, and the three remaining lots range in size from 8,051 to
9,448 square feet, to be developed as single-family homes.
The City shall deduct two residenHal units (to account for the project's net increase of two units)
from the General Plan allocation for "Other Areas."
7. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. Z-2012-01 shall be applicable to this approval.
8. CONDITIONAL APPROVAL
T'he Subdivision request is only conditionally approved contingent upon the concurrent approval of
the Rezoning application (Z-2012-01).
9. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by paying
the housing mitigation fees as per the Housing Mitigation Manual. The mitigation fee rates for FY
2013-2014 are $2.93 per square foot of net addition, payment of which is due �rior to issuance of
building permits.
10. COVENANTS CONDITIONS, AND RESTRICTIONS
Requirements for landscaping and fencing shall be incorporated within the Covenants, Conditions,
& Restrictions (CC&Rs) of the development proposal. The final CC&Rs, which addresses
maintenance and upkeep of the private road, sidewalk, streets, trees, fencing, and landscaping, shall
be submitted to the City for staff and City Attorney review prior to recordation of the �arcel map.
The CC&Rs shall also stipulate that if future development of the property to the west takes place,
the CC&Rs will include language for reciprocal access of the private road, construction easements to
allow for future construction work within the private road, and other necessary language to
facilitate reasonable development.
Resolution No.6722 TM-2012-03 August 27,2013
11. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES
Per the mitigation measures outlined in the Mitigation Monitoring and Reporting Program based on
the Initial Study dated July 2013, entitled "20840 McClellan Road Rezoning and Subdivision",
prepared by David J. Powers and Associates and adopted as Mitigated Negative Declaration EA-
2012-04, the following is an outline of mitigation measures (MM) that apply, except as may be
amended by conditions in this resolution:
i. Biological Resources
a. MM BIO- 1.1
b. MM BIO- 1.2
c. MM BIO- 1.3
d. MMBIO-2.1
e. MMBIO-2.2
f. MMBIO-3.1
ii. Cultural Resources
a. MM CUL- 1.1
b. MM CUL- 1.2
iii. Hazards and Hazardous Materials
a. MM HAZ- 1.1
b. MM HAZ- 1.2
c. MM HAZ- 1.3
d. MM HAZ- 1.4
e. MM HAZ- 1.5
f. MM HAZ-2.1
g. MM HAZ-2.2
h. MM HAZ-2.3
iv. Noise
a. MM NOI- 1.1
b. MM NOI-2.1
c. MM NOI-3.1
d. MMNOI-3.2
e. MM NOI-3.3
f. MM NOI-3.4
g. MM NOI-3.5
h. MM NOI-3.6
i. MM NOI-3.7
j. MMNOI-3.8
k. MM NOI-3.9
1. MMNOI-3.10
In addition to the mitigation measures listed above, the following categories include standard
mitigation measures that are also conditions of project approval (refer to the Mitigation Monitoring
and Reporting Program based on the Initial Study for more detailed informat ion):
v. Air Quality
vi. Geology and Soils
vii. Water Quality
viii. Parkland
Resolution No.6722 TM-2012-03 August 27,2013
12. SOIL REMEDIATION
The applicant will be required to remediate the site in accordance with the "Revised Site Mitigation
Plan", prepared by PIERS Environmental Services, Inc. dated March 11, 2013 and approved by the
County of Santa Clara, Department of Environmental Health (letter dated March 14th, 2013). All
excavation work and associated monitoring should be overseen by an environmental consultant.
This work should be summarized in a technical report and submitted to the City and Santa Clara
County Department of Environmental Health for review and approval, �rior to issuance of buildin�
permits•
13. TREE PROTECTION
The existing Coast Live Oak tree (Tree #38) to remain shall be protected during construction per the
arborist report prepare by Michael L. Bench, entitled "An Evaluation of the Existing Trees at 20840
McClellan Rd, Cupertino, California", dated December 20, 2011. His recommendations are
reproduced here:
A. I recommend that a consulting arborist be required to review all of the proposed plans, including the
Utility Plan, the final Grading and Drainage Plan, the Site Plan, and the Landscape Plan, to address
the potential risks to Tree #38.
B. I recommend that there be no grading, trenching, or excavation in the critical root zone area of Tree
#38 within a radius distance of 30 feet of the trunk. There are minor exceptions, which would require
the review and supervision of a Consulting Arborist(this is a person with a higher level of training
and experience than a Certified Arborist).
The City's standard tree protection measures shall be listed on the plans, and protective fencing
shall be installed around the trees prior to issuance of building�ermits.
Additionally, an "Investigative Report and Revised Mitigation Plan", prepared by PIERS
Environmental Services, Inc. dated July 9�, 2013, and approved by the County of Santa Clara,
Department of Environmental Health (letter dated July 15th, 2013), includes a remediation plan
proposed to properly mitigate impacted soil beneath the tree branch canopy of the Coast Live Oak
tree, the work of which shall be overseen by a consulting arborist. If after the soil remediation the
Coast Live Oak tree exhibits a decline in health or displays other detrimental signs, a separate tree
removal permit will be required to be filed and approved by the City prior to removal.
A report ascertaining the good health of all remaining trees on-site shall be provided np �or to
issuance of final occu�ancv.
14. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of final occu�anc�, the applicant shall submit a full landscape project submittal per
sections 14.15.040 A, B, C, and D of the Landscaping Ordinance. The Water-Efficient Design
Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget
Calculations shall be reviewed and approved to the satisfaction of the Director of Community
Development. A conce�tual landscaping plan shall be required prior to issuance of buildin�
permrts•
Resolution No.6722 TM-2012-03 August 27,2013
15. LANDSCAPE INSTALLATION REPORT
Prior to final ins�ection, a landscape installation audit shall be conducted by a certified landscape
professional after the landscaping and irrigation system have been installed if the project is subject
to the Landscape Ordinance. T'he findings of the assessment shall be consolidated into a landscape
installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "T'he landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
16. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established
and submitted to the Director of Community Development or his/her designee, either with the
landscape application package, with the landscape installation report, or any time before the
landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water, nutrients, pest
control or other factors as recommended by a landscaping professional.
17. LANDSCAPING MAINTENANCE AGREEMENT
Prior to final ins�ections and final occu�anc�, the owner(s) of the property shall enter into a formal
written landscape maintenance agreement with the City. The City shall record this agreement,
against the property or properties involved, with the County of Santa Clara Recorder's Office and it
shall be binding on all subsequent owners of land served by the proposed landscape. The landscape
maintenance agreement shall require that the installed landscape not be modified and that
maintenance activities not alter the level of water efficiency of the landscape from its original
design, unless approved by the City prior to the commencement of the proposed modification or
maintenance activity.
18. NOISE CONTROL
All noise generated by the project shall not exceed those levels listed in the Community Noise
Control Ordinance, Cupertino Municipal Code chapter 10.48. If there are documented violations of
the Community Noise Control Ordinance, the Director of Community Development or Noise
Control Officer has the discretion to require noise attenuation measures to comply with the
ordinance.
Resolution No.6722 TM-2012-03 August 27,2013
19. 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.
20. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior to
issuance of building permits detailing how construction activities will be conducted. The plan shall
address,but not be limited to the following activities:
a. Construction staging area (shall not occur within 15 feet of neighboring residential property
lines)
b. Construction schedule and hours
c. Construction phasing plan, if any
d. Contractor parking area
e. Tree preservation/protection plan
f. Site dust,noise and storm run-off management plan
g. Emergency/complaint and construction site manager contacts
21. UTILITY STRUCTURES
All new utility structures shall be required to be located underground or screened from public view.
22. CONSTRUCTION HOURS
Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and
Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays. The developer shall be
responsible for educating all contractors and subcontractors of said construction restrictions. Rules
and regulation pertaining to all construction activities and limitations identified in this permit, along
with the name and telephone number of a developer appointed disturbance coordinator, shall be
posted in a prominent location at the entrance to the job site.
23. FENCING REQUIREMENT(PARCEL A)
As indicated in the Initial Study dated July 2013, entitled "20840 McClellan Road Rezoning and
Subdivision", prepared by David J. Powers and Associates and adopted as Mitigated Negative
Declaration EA-2012-04, development on Parcel A shall incorporate solid fencing (e.g., high quality
wood fencing with no spaces) for the rear yard to reduce noise from McClellan Rd (MM NOI - 1.1).
The applicant shall submit the final design and location of the fencing plan to be reviewed and
approved by the Director of Community Development �rior to issuance of building permits for the
future residences.
24. 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.
25. 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.
Resolution No.6722 TM-2012-03 August 27,2013
26. 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
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
27. NOTICE OF FEES DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
T'he 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 Goveminent Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
2. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer.
3. 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.
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
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
Resolution No.6722 TM-2012-03 August 27,2013
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 ba sins,
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 system s 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 UHlity 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 ($2,707.00 or 5%)
b. Grading Permit: $Per current fee schedule ($2,542.00 or 6%)
c. Development Maintenance Deposit: $2,000.00
d. Storm Drainage Fee: $TBD
e. Map Checking Fees: $Per current fee schedule ($4,130.00)
f. Park Fees: $Per current fee schedule ($31,500)
g. Street Tree By Developer
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor&Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100%of site improvements.
-The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of recordation
of a final map or issuance of a building permit in the event of said change or changes, the
fees changed at that time will reflect the then current fee sche dule.
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
Resolution No.6722 TM-2012-03 August 27,2013
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. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
12. 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.
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
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 storxn water runoff quality, and BMP inspection and maintenance.
15. 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 alternativ e storm water
treatment plan, that satisfies C.3 requirements, is approved by the City Engineer.
The developer must include the use and maintenance of site design, source control and storm water
treatment Best Management Practices (BMPs), which must be designed per approved numeric
sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement,
Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing
operation and maintenance of treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City approved third
party reviewer.
Resolution No.6722 TM-2012-03 August 27,2013
16. 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.
17. 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.
18. 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.
19. REFUSE TRUCK ACCESS
Developer shall obtain clearance from the Environmental Programs Manager in regards to refuse
truck access for the proposed development.
20. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfacHon of the City Engineer
and shall be of a type approved by the City in accordance with Ordinance No. 125.
21. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
22. 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).
23. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
24. 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.
25. 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.
26. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
Resolution No.6722 TM-2012-03 August 27,2013
27. 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.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. DEVELOPMENT PROPOSAL
Review of this Developmental proposal is limited to acceptability of site access and water supply as
they pertain to fire department operations, and shall not be construed as a substitute for formal plan
review to determine compliance with adopted model codes. Prior to performing any work the
applicant shall make application to, and receive from, the Building Department all applicable
construction permits.
2. FIRE APPARATUS�ENGINE) ACCESS ROADS REQUIRED
Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20
feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and
23 feet inside, and a maximum slope of 15%. For installation guide lines refer to Fire Department
Standard Details and Specifications sheet A-1. CFC Sec.503.
3. FIRE DEPARTMENT(ENGINE) ROADWAY TURN-AROUND REQUIRED
Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet
outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and
Specification sheet A-1. Cul-De-Sac Diameters shall be no less than 72 feet. CFC Sec. 503.
4. TIMING OF REQUIRED ROADWAY INSTALLATIONS:
Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire
Department prior to the start of combustible construction. During construction, emergency access
roads shall be maintained clear and unimpeded. Note that building permit issuance may be
withheld until installations are completed. Temporary access roads may be approved on a case by
case basis. CFC Sec. 501.
5. PUBLIC FIRE HYDRANT(S) REQUIRED
Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San
Jose Water Co. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of
1500 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire apparatus access
roads and adjacent public streets. CFC Sec. 507, and Appendix B, Table B105.1 and Appendix C.
6. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS
Installations of required fire service (s) and fire hydrant(s) shall be tested and accepted by the Fire
Department, prior to the start of framing or delivery of bulk combustible materials. Building permit
issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec.
501.
7. STRUCT'URAL PLANS
Conditions for construction will be provided upon submittal of complete structural plans.
Resolution No.6722 TM-2012-03 August 27,2013
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT
1. SANITARY SEWER SERVICE
Sanitary sewer service is available for the proposed subdivision on McClellan Road. The
owner/applicant will be responsible for engineering and construction of the sewer main.
2. IMPROVEMENT PLANS
Improvement plans for the subject project shall be submitted to the District for review.
3. FEES AND PERMIT
Cupertino Sanitary District Fees and Permits shall be required for the subject ap plication.
SECTION VII: CEQA REVIEW
A Mitigated Negative Declaration for the Subdivision was prepared in accordance with the California
Environmental Quality Act (CEQA) per section 15070 (Decision to Prepare a Negative or Mitigated
Negative Declaration) of the CEQA Guidelines because the initial study identified potentially significant
effects that would be mitigated to a point where clearly no significant effects would occur.
PASSED AND ADOPTED this 27th day of August, 2013, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Sun, Vice Chair Brophy, Lee, Gong, Takahashi
NOES: COMMISSIONEIZS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONEIZS: none
ATTEST: APPROVED:
/s/Gar�Chao /s/Don Sun
Gary Chao Don Sun
City Planner Chair, Planning Commission
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CURVE TABLE
CURVE R L A
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CUPERTINO,CA 95014
(E) HOUSE �
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OWNER: CHERRYLAND,LLC.
i _ .,. . .' ------ ---�' '' 21881 DOLORES AVENUE
�---•--1---°�-- ! f�� , CUPERTINO,CA 95014
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—ALL EXI ING � I „ ....- !;- • �����G'���"%� � 21881 DOLORES AVENUE
BUILDI S TO � i ��_ • , � � CUPERTINO,CA 95014
BE RE VED � i � • '. ' • �
" i ENGINEER: JAMES C.CHEN,C.E.,S.E.
� � r � 2881 MERIDIAN AVE.,UNIT 118
� �"`� J'l� SAN JOSE,CA 95124
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- - - i PROPOSED USE: SINGLE FAMILY RESIDENCE
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i � �,U,_ �4�� SEWAGE DISPOSAL: CUPERTINO SANITARY DISTRICT
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NOTE: GROSS: 41.973.50 SQ.FT
REQUIREMENTS FOR LANDSCAPING AND FENCING SHALL BE 0.964 ACRES
INCORPORATED WITHIN THE COVENANTS,CONDITIONS,8 STREET DEDICATION: 3,000 SQ.FT
RESTRICTIONS(CC&RS).THE FINAL CC&RS,WHICH ADDRESSES 0.069 ACRES
MAINTENANCE AND UPKEEP OF THE PRIVATE ROAD,SIDEWALK,
STREETS,TREES,FENCING,AND LANDSCAPING,SHALL BE NET.: 38,973.50 SQ.FT
SUBMITTED TO THE CITY FOR STAFF REVIEW PRIOR TO FINAL 0.895 ACRES
MAP RECORDATION.
PARCEL A: 8,051 SQ.FT
0.185 ACRES
PARCEL B: 8,399 SQ.FT
0.193 ACRES
PARCEL C: 9,448 SQ.FT
0.217 ACRES
PARCEL D: 13,075 SQ.FT
(COMMON AREA) 0.300 ACRES
ASSESSOR PARCEL MAP VICINITY MAP
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TREE# TREE NAMEJSPECIES DBH(IN.) TO REMOVE #OF REPLACEMENTTREES
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SOUTHERN MAGNOLIA
30 �GNOLIA GRANDIFLORA 16 X 1
31 SOUTHERN MAGNOLIA 12 X 1
32 EUROPEAN OLIVE 20
OLEA EUROPEA
33 EUROPEAN OLIVE 14 X 8
34 EUROPEAN OLIVE 10 X 1
35 ENGLISH WALNUT 11 X 1
1UGLANS REGIA
COAST LIVE OAK
36 QUERCUSAGRIFOLIA 9 X 1
37 COAST LIVE OAK 9 X 1
38 COAST LIVE OAK 36
P ECAN
39 CARYA ILLINOINESIS 11 X 1
M�NTEREY PINE
40 p�NUS RADIATA 21 X 1
ITALIAN STONE PINE
41 pINUS PINEA 19 X 1
42 MONTEREY PINE 22 X 1
APPLE
43 MqLUS SPECIES 10 X 1
44 APPLE 14 X 1
CANARY ISLAND PINE
45 pINUSCANARIEN5IS 2� X 1
46 ENGLISH WALNUT 10
47 ENGLISH WALNUT 15 X 1
48 ENGLISH WALNUT 14 X 1
49 ENGLISH WALNUT 14 X 1
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PROPERTY UNE BEFORE DEDICATION
PROPERTY LINE AFTER DEDICATION
CENTER LINE
EASEMENT
EXIST.TREE TO BE REMOVED
EXIST.TREE TO REMAIN
TREE PROTECTION FENCE
NEW CAMPHOR
(15)-24"BOX
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ARCH. DESIGN UNDER SEPARATED PERMIT
ELEVATI❑N NOTES+
Ol ROOF: CONC. TILE ROOF ('MON�ER �IFETILE' ESR1647—ICC ES C0. OR
APPRO. EQ.) ON 30 LB BLDG FELT OVER PLYWOOD SHEATING.
O5" 26 GA. G.I. PROFILE GUTTER ON 2X8 S4S SURFACE FASCIA BOARD
WITH DOWNSPOUT AT PROPER LOCATIONS (ALL ROOF DRAINS SHALL
BE DRAINED TO STREET DIRECTLY)
O DOUBLE GLAZED WINDOWS (TYP.)
O CUSTOM SOLID CORE DOORS.
OROUGH SAWN WOOD SIDING OR HARDIE BD. ON 2 LAYERS GRADE 'D'
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EDGE OF BLDG PAPER).
STUCCO SILL OR TRIM.
OSCREEN VENT WITH 1/4" WIRED MESH (TYP.)
O7 CULTURED STONE(BRICK PATTERN)
N❑TE� C❑NTRACT❑R SHAL� ❑BTAIN THE APPR❑VED C�L❑R AND
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CUPERTINO,CALIFORNIA v��Y�F��
Lot A �° �
Elevations * *
No.C 21230
DRAWM JOB NO SMEET �J. REN.Qt-31-1J �Q-
H.M.C. ASSOCIATES.LLP 9j ��
ARCHITECTURAL AND PLANNING M� A 3.1 ��F �A��F�
I��MOS>RATOGASUNN\VALERD.>:(19 SANAIOGA.CA9�0J0 SGLE DATE
re�:+o,ri��.a�ie rn,.:.weuu.eo3z AS SHOWN AS SHOWN
ARCH. DESIGN UNDER SEPARATED PERMIT
ELEVATION NOTES�
Ol ROOF: CONC. TILE ROOF('MONIER LIFETILE� ESR1647—ICC ES C0. OR
APPRO. EQ.) ON 30 LB BLDG FELT OVER P�YWOOD SHEATING.
O 5" 26 GA. G.I. PROFILE GUTTER ON 2X8 S4S SURFACE FASCIA BOARD
WITH DOWNSPOUT AT PROPER LOCATIONS(ALL ROOF DRAINS SHALL
BE DRAINED TO STREET DIRECTLY)
O DOUBLE GLAZED WINDOWS(TYP.)
O CUSTOM SOLID CORE DOORS.
O 3—COAT CEMENT PLASTER IN 17 GA. STUCCO NETTING ON 2 LAYERS
GRADE 'D' BLDG PAPER. (WITH 26 GA. G.I. 'Z' FLASHING AT TOP
EDGE OF BLDG PAPER).
O STUCCO SILL OR TRIM.
O SCREEN VENT WITH 1/4" WIRED MESH (TYP.)
O WEEP SCREED (TYP.)
O CULTURED STONE
NOTE� CONTRACTOR SHALL ❑BTAIN THE APPR�VED C�LOR AND
MATERIAL BOARD FROM THE ❑WNER BEFORE STARTING THE W�RKS.
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T—M a 20'1 2 20804 McClellan Rd.
CUPERTINO,CAL[FORNIA v��Y�F�,
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Lot B *�° �*
Elevations No.c z,2so
DRAWN JOB NO SHEET �f REN. 1-t-1 �Q-
H.M.C. ASSOCIATES.LLP 9T ��
ARCHITECTURAL AND PLANNING "^� � � �pF CA��Fo
I._'N�SARAiOGASUNNYV.1LEftD.4'U9 SAR{7(�,�CA950Ni SuLE DATE
r���.+ona.a.wix Fnt:xw.uw+i�z AS SHOWN AS SHOWN
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Ol ROOF: CONC. TILE ROOF('MONIER LIFETILE' ESR1647—ICC ES C0. OR
APPRO. EQ.) ON 30 LB BLDG FELT OVER PLYWOOD SHEATING.
O 5" 26 GA. G.I. PROFILE GUTTER ON 2X8 S4S SURFACE FASCIA BOARD
WITH DOWNSPOUT AT PROPER LOCATIONS(ALL ROOF DRAINS SHALL
BE DRAINED TO STREET OIRECTLY)
O DOUBLE GLAZED WINDOWS (TYP.)
OCUSTOM SOLID CORE DOORS.
O 3—COAT CEMENT PLASTER IN 17 GA. STUCCO NETTING ON 2 LAYERS
GRADE �D' BLDG PAPER. (WITH 26 GA. G.I. 'Z' FLASHING AT TOP
EDGE OF BLDG PAPER).
OSTUCCO SILL OR TRIM.
O SCREEN VENT WITH 1/4" WIRED MESH (TYP.)
O WEEP SCREED (TYP.)
O CULTURED STONE
NOTE� CONTRACT�R SHALL �BTAIN THE APPROVED COLOR AND
MATERIAL BOARD FR�M THE OWNER BEFORE STARTING THE WORKS.
WEST ELEVATION S:1/4��-,�-0•
R� °ATE PROPOSED RESIDENCE
T-Ma 20�1 2 ZOA04 McClellan Rd.
CUPERTINO,CALIFORNIA vk.�AY/�F�,
LOt C � ��
Elevations * Na.C 21230 *
DRAWN JOB NO SHEET �T REN.01-31-13 �Q
H.M.C. ASSOCIATES.LLP 9l ��
ARCHITECTURAL AND PLANNING M� A 3.3 ��F CA��E�
SCK£ DATE
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