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TM-2016-01 res_2.docx TM-2016-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 71 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO SUBDIVIDE AN EXISTING SINGLE-FAMILY RESIDENTIAL LOT (0.479 ACRE) INTO TWO LOTS OF 11,099 SQUARE FEET AND 9,776 SQUARE FEET AT 20030 FOREST AVENUE (APN 316-23-107) SECTION I: PROJECT DESCRIPTION Application No.: TM-2016-01 Applicant: Raymond Chiu Location: 20030 Forest Avenue (APN 316-23-107) SECTION II: FINDINGS WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application for a subdivision, as described in Section I of this Resolution; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Administrative Hearing Officer 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 WHEREAS, the Administrative Hearing Officer finds: 1.Consistent with applicable general or specific plans adopted by the City; and The subject property is consistent with the General Plan since the property is permitted to have up to two dwelling units based on its land use designation of Low Residential (1-5 DU/acre). Additionally, the proposed lots are sized to be consistent with current zoning regulations and comparable to adjacent residential development, and are compatible with the existing neighborhood lot orientation pattern. The subject property is physically suitable in size and shape in conformance 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. Furthermore, the property is not governed by any specific plans. The proposed subdivision design and improvements are not likely to cause serious public health problems nor substantially injure fish and wildlife or their habitat because the property is a developed site and located in an urbanized area where the low density residential land use is Resolution No. 71 TM-2016-01 December 8, 2016 Page - 2 - maintained, the proposed development is consistent with the existing adjacent residential development, and the on-site and off-site improvements improve neighborhood walkability through new detached sidewalk construction with size-appropriate driveway cuts and street and private trees planting. 2.Designed for future passive solar in accordance with Government Code Section 66473.1. The proposed properties are designed to allow for future passive solar as the lot configurations allow for a structure to be oriented in an east-west alignment for southern exposure; additionally the proposed residences are designed to maximize for southern exposure. Furthermore the design and improvement of the divided parcel does not result in any reduction in allowable densities or percentage of a lot that may be occupied by a building in providing for future passive solar provisions; rather the proposed two-story single-family residences are designed to the maximum allowed density and building development regulations under current zoning provisions of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof, the application for a Tentative Map, Application no. TM-2016-01, is hereby approved; 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-2016-01 as set forth in the Minutes of Administrative Hearing Meeting of December 8, 2016, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.APPROVED EXHIBITS Approval is based on the plan set entitled, “Tentative Map For 2 Lot Subdivision 20030 Forest Avenue”, drawn by GREEN Civil Engineering, Inc., consisting of seven (7) sheets labeled TM- 1 through TM-7, 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. 3.CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. R-2016-27, R-2016-30, and TR-2016-27 shall be applicable to this approval. Resolution No. 71 TM-2016-01 December 8, 2016 Page - 3 - 4.DEVELOPMENT APPROVAL AND ALLOCATION Approval is granted to subdivide a .479 acre parcel into two (2) lots of 11,099 and 9,776 square feet. The City shall deduct one residential unit (to account for the project’s net increase of one unit) from the General Plan allocation for “Other Residential.” 5.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. These fees will be assessed at the time of Building permit issuance. 6. 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. 7.CONSTRUCTION MANAGEMENT PLAN Final map improvement plans shall include a construction management plan 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 8.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 subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of demolition permit. 9.GREEN BUILDING The City recommends that the applicant incorporate green building measures into the project. The green building measures may include but not be limited to: low VOC paints, maximizing recycled building materials, solar efficiency/energy, energy efficient windows/ appliances/mechanical equipment, maximizing onsite water retention, and draught tolerant and pest resistant landscaping. Resolution No. 71 TM-2016-01 December 8, 2016 Page - 4 - 10.FENCES Any changes to the fencing shall require design review with the Community Development Department and shall comply with Cupertino Municipal Code Chapter 19.48 Fences. 11.LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a landscape project submittal per sections 14.15.040 or 14.15.050 of the Landscaping Ordinance if more than 500 square feet of landscaping area is proposed. 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 prior to issuance of building permits. 12.LANDSCAPE INSTALLATION REPORT The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The 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: “The 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.” 13.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. Resolution No. 71 TM-2016-01 December 8, 2016 Page - 5 - 14.CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible for consulting 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. 15.EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatments, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The final building exterior plan shall closely resemble the details shown on the original approved plans. Any exterior changes determined to be substantial by the Director of Community Development shall require a modification approval with neighborhood input. Prior to issuance of building permits, staff will review exterior material such as doors and windows to ensure quality and consistency. 16.EXPIRATION The approval or conditional approval of the Tentative Map Subdivision shall expire twenty four (24) months from the date of Administrative Hearing approval. An extension or extensions may be approved as provided in Section 18.20.080. 17.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. 18.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. Resolution No. 71 TM-2016-01 December 8, 2016 Page - 6 - SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 19.STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 20.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. 21.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. 22.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 may be required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 23.DRAINAGE Drainage shall be provided 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. 24.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 Utility provider and the City Engineer. 25.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 ($3,349.00 or 6%) b. Grading Permit: $ Per current fee schedule ($2,435.00 or 6%) c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: $ 1,562.00 Resolution No. 71 TM-2016-01 December 8, 2016 Page - 7 - e. Power Cost: ** f. Map Checking Fees: $ Per current fee schedule ($4,972.00) g. Park Fees: $ Per current fee schedule ($81,000.00) h. Street Tree $348.00 Per Tree ** Based on the latest effective PG&E rate schedule approved by the PUC 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: 115% 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. 26.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 areas, as determined by the Community Development Department. Transformers shall not be located in the front or side building setback area. 27.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. 28.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. 29.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 Resolution No. 71 TM-2016-01 December 8, 2016 Page - 8 - Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 30.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). If C.3 improvements are required, 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 alternative 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. 31.EROSION CONTROL PLAN Developer shall 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. 32.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. 33.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. 34.TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 35.STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125. The City will install street trees at the end of the project, and will situate the trees as close to the developers desired location as possible, while avoiding other existing facilities. Resolution No. 71 TM-2016-01 December 8, 2016 Page - 9 - 36.FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 37.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). 38.FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 39.CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers before issuance of a building permit approval. 40.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. 41.SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 42.UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. SECTION IV: CONDITIONS ADMINISTERED BY SANTA CLARA COUNTY FIRE DEPT. 43.FIRE SPRINKLERS An automatic residential fire sprinkler system shall be installed in all new one- and two- family dwellings. The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. Resolution No. 71 TM-2016-01 December 8, 2016 Page - 10 - 44.WATER SUPPLY REQUIREMENTS Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/ or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 45.CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. 46.ADDRESS IDENTIFICAITON New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. SECTION IV: CONDITIONS ADMINISTERED BY CALIFORNIA WATER SERVICE 47.AGREEMENT WITH CALIFORNIA WATER SERVICE The owner or his/her assignee is responsible for securing a formal will serve letter from California Water Service Company (CWS). Upon receipt of all required information CWS will, if necessary, provide a written cost-estimate and letter of agreement for any work being requested in conjunction with the development. 48.ADDITIONAL SERVICE For the proposed subdivision of land currently receiving service, the addition of service(s) for the subdivided parcel will be done according to the operating rules currently on file with the CPUC (specifically CPUC Rule No. 16). To prevent delays and potential halting of construction due to lack of water service or fire sprinkler system, it is incumbent on the owner/developer to provide all requested information necessary for the proper sizing and installation of water service in a timely manner. Resolution No. 71 TM-2016-01 December 8, 2016 Page - 11 - 49.FIRE SPRINKLER SYSTEM The owner/developer is responsible for the installation and testing of an appropriate backflow device per CWS specifications or installation and inspection of a passive purge fire sprinkler system. The requirement of a backflow device is determined by a certified Cross Connection Control Specialist employed by CWS and is based on potential hazards present on the property. California Water Service, in order to maintain the integrity of its water system and further protect the health and safety of the public, refuses to proceed with the installation of new services or upgrade of existing service and reserves the right to discontinue existing service until such time that the appropriate device has been installed. 50.FIRE HYDRANT Should the presiding Deputy Fire Marshall (DFM) or other such entity with the rights to compel the installation of a fire hydrant or similar public safety appurtenances require the installation of a fire hydrant, the owner/developer is responsible for communicating this in writing to CWS showing plans approved by the DFM and stating the required GPM/PSI figures. Upon receipt of all necessary information, California Water Service will proceed according to the operating rules currently on file with the CPUC (specifically CPUC Rule No. 15). PASSED AND ADOPTED this 8th day of December, 2016 at a noticed Public Hearing of the Administrative Hearing Officer of the City of Cupertino, State of California, held by the Director of Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section 19.12.120. ATTEST: APPROVED: /s/Ellen Yau_______________________ /s/Benjamin Fu_________________ Ellen Yau Benjamin Fu Assistant Planner Asst. Director of Community Development