EXT-2016-01b.doc
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Assistant Director of Community Development
Prepared by: Gian Paolo Martire, Associate Planner
Date: November 1, 2016
Subject: Extension request, EXT-2016-02, for a period of one year, of a previously approved
Tentative Parcel Map (TM-2009-02) to subdivide one parcel into four lots ranging in
size from 2.86 acres to 3.65 acres at 22045 Regnart Road.
Chapter 19.12 of the Cupertino Municipal Code allows for administrative
approval of time extensions of expiring permits and other entitlements. The
Director reports his decision to the City Council and Planning Commission in
time to allow an appeal of the decision within fourteen calendar days.
DISCUSSION
The applicant, Robert Bigler, is requesting a one-year extension of a previously approved
Tentative Parcel Map (TM-2009-02) to subdivide one parcel into four lots located at 22045
Regnart Road. The Planning Commission approved the project on October 27, 2009 and the
approvals were valid until October 27, 2012 (see Attachment A). However, Governor Brown
signed into law AB 208 (7/15/2011) and AB 116 (7/11/2013) which extended the approvals of all
tentative subdivision maps. Subsequently, TM-2009-02 was first automatically extended to
October 27, 2014, then the second automatic extension was granted until October 27, 2016.
The property owner filed a one-year extension request on October 27, 2016, prior to the
expiration of the development approvals. In an email asking for the extension (Attachment B),
the owner notes that he is unable to apply for building permits by the expiration date.
The one-year extension is the maximum period that can be granted by the Director of
Community Development. A condition of approval requires the property owner to file for
entitlements by October 27, 2017. In the event that the building permit expires for any reason,
the development approvals will become null and void.
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22045 Regnart Road Page 2
ACTION
The Director of Community Development approves the extension application, file no. EXT-
2016-01 with the following conditions of approval:
1.EXTENSION OF EXPIRATION PERIOD AND BUILDING PERMIT(S)
The expiration period of file no. TM-2009-02 are hereby extended for a period of one year,
expiring on October 27, 2017. Entitlements shall be filed prior to the expiration date or the
Tentative Parcel Map will become null and void. In addition, if the entitlements expire for
any reason, the Tentative Parcel Map approval shall also become null and void.
2.CONDITIONS OF APPROVAL
All conditions of permit approvals for TM-2009-02 shall remain in effect through the
extension period.
3.INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the
City, its City Council, and its officers, employees and agents (collectively, the “indemnified
parties”) from and against any claim, action, or proceeding brought by a third party against
one or more of the indemnified parties or one or more of the indemnified parties and the
applicant to attack, set aside, or void this Resolution or any permit or approval authorized
hereby for the project, including (without limitation) reimbursing the City its actual
attorneys’ fees and costs incurred in defense of the litigation. The applicant shall pay such
attorneys’ fees and costs within 30 days following receipt of invoices from City. Such
attorneys’ fees and costs shall include amounts paid to counsel not otherwise employed as
City staff and shall include City Attorney time and overhead costs and other City staff
overhead costs and any costs directly related to the litigation reasonably incurred by City.
4.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.
This approval of the extension request is effective November 1, 2016. The fourteen calendar day
appeal period will expire on November 16, 2016.
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22045 Regnart Road Page 3
Attachment A: Planning Commission Resolution No. 6570
Attachment B: Justification email form Robert Bigler dated October 20, 2016
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