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TM-2016-02 res.docx CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 84 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO ALLOW THE SUBDIVISION OF AN APPROXIMATELY .29 ACRE LOT INTO TWO (2) PARCELS OF APPROXIMATELY 6,000 SQUARE FEET AT 10206 & 10208 ORANGE AVE(APN 357-18-032) SECTION I: PROJECT DESCRIPTION Application No.: TM-2016-02 Applicant: Thomas Adamo Location: 10206 & 10208 Orange Ave (APN: 357-18-032) SECTION II: FINDINGS WHEREAS, the City of Cupertino received an application to subdivide an approximately .29 acre lot into two (2) parcels of approximately 6,000 square feet; and WHEREAS, prior to the Administrative Hearing the Environmental Review Committee heard the item on November 14, 2017 during which it reviewed the Draft Mitigated Negative Declaration, received public comments, and recommended adoption of a Mitigated Negative Declaration on a 4-0-1 (Brandt absent) vote; and WHEREAS, on December 14, 2017 the Administrative Hearing Officer adopted the Initial Study/Draft MND as the Final Initial Study/Mitigated Negative Declaration for the project after adopting all the identified mitigation measures as conditions of approval for the project; 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: Resolution No. 84 TM-2016-02 December 14, 2017 Page - 2 - a. That the proposed subdivision map is consistent with the City of Cupertino General Plan. 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 Residential (4.4 – 7.7 DU/acre.) Additionally, the proposed lots are sized to be comparable to adjacent residential development, and are compatible with the existing neighborhood lot orientation pattern. The lot acreage will be consistent with the underlying single family residential standards proposed with a minimum lot square footage of 6,000 square feet. The proposed subdivision is compatible with the adjoining land uses and no physical constraints are present that would conflict with anticipated land use development. 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. 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. b. That the design and improvements of the proposed subdivision are consistent with the General Plan. 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 Residential (4.4 – 7.7 DU/acre.) Additionally, the proposed lots are sized to be comparable to adjacent residential development, and are compatible with the existing neighborhood lot orientation pattern. The lot acreage will be consistent with the underlying single family residential standards proposed with a minimum lot square footage of 6,000 square feet. The proposed subdivision is compatible with the adjoining land uses and no physical constraints are present that would conflict with anticipated land use development. c. That the site is physically suitable for the type development contemplated under the approved subdivision. The proposed subdivision is compatible with the adjoining land uses and no physical constraints are present that would conflict with anticipated land use development. There are no topographical anomalies that differentiate this property from adjacent properties. The site is located on the valley floor and the proposed two lot subdivision is typical of properties in the neighborhood. d. That the site is physically suitable for the intensity of development contemplated under the approved subdivision. The subject property is physically suitable in size and shape in conformance to development standards and is appropriately configured to accommodate reasonably sized single-family dwelling units. Resolution No. 84 TM-2016-02 December 14, 2017 Page - 3 - e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. 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 residential land use is allowed. f. That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. 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. g. 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. No easement or right-of-way exists currently that would be impeded or conflict with the proposed subdivision. 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-2016-02, 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-2016-02 as set forth in the Minutes of Administrative Hearing Meeting of December 14, 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, “10206 & 10208 Orange Avenue”, drawn by Giuliani & Kull, Inc., and Adamo & Associates, Inc., consisting of six (6) sheets labeled Sheet 1, C-1, C-2, A0.1, A1.1, and A1.2, except as may be amended by conditions in this resolution. Resolution No. 84 TM-2016-02 December 14, 2017 Page - 4 - 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 no. EA-2017-03 shall be applicable to this approval. 4. DEVELOPMENT ALLOCATION The project is granted a development allocation of one unit from the Monta Vista Special Planning Area allocation. 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 for the net new residential unit and any proposed accessory dwelling units. 6. MINIMUM LOT SIZE The minimum lot size of the parcels will be at least 6,000 s.f. upon subdivision. 7. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas 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. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in the Municipal Code. d. 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 as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of of the Cupertino Municipal Code. Resolution No. 84 TM-2016-02 December 14, 2017 Page - 5 - e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. The applicant shall annotate all permit plans with the above requirements and shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated. 8. 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 9. DEMOLITION OF STRUCTURES Prior to recordation of the final map, the applicant shall demolish and remove all non-conforming 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. 10. 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. 11. 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. Resolution No. 84 TM-2016-02 December 14, 2017 Page - 6 - 12. 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. 13. 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.” 14. 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. 84 TM-2016-02 December 14, 2017 Page - 7 - 15. 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. 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. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 1. STREET IMPROVEMENTS & DEDICATION Provide a street dedication in fee title and frontage improvements along the project to the satisfaction of the City Engineer. Resolution No. 84 TM-2016-02 December 14, 2017 Page - 8 - Street improvements may include, but not be limited to curb and gutter, new detached sidewalk, new ADA ramp, driveways, storm drain lateral, street tree installations, and street light and/or utility facility relocations and undergrounding, in accordance with City standards, codes and policies as specified and to the satisfaction of the City Engineer. 2. UTILITY POLE RELOCATION Developer shall relocate the existing utility pole located along the project frontage to a position behind the new curb and gutter improvements. Developer shall ensure that there is adequate ADA access along the new sidewalk around the relocated pole. The Developer shall work directly with PG&E and the other utility companies to have the pole relocated prior to project final signoff. 3. UTILITY SERVICES Developer shall install all utility services (including water, sanitary sewer and joint trench facilities) to the properties prior to final signoff of the project. 4. TRAFFIC IMPACT FEES The Project may be subject to pay Traffic Impact Fees. The fee is set at $6,025 per new AM or PM peak-hour trip generated by the Project subject. 5. PEDESTRIAN AND BICYCLE IMPROVEMENTS Developer shall provide pedestrian and bicycle related improvements (eg. walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the City Engineer. 6. 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. 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. Resolution No. 84 TM-2016-02 December 14, 2017 Page - 9 - 8. 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. Hydrology and pre- and post-development hydraulic calculations must be provided to indicate whether additional storm water 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 basins, 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 systems 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. All storm drain inlets shall be clearly marked with the words “No Dumping – Flows to Creek” using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division. 9. 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. 10. 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 ($3,648.00 or 5%) b. Grading Permit: $ Per current fee schedule ($931.00) c. Storm Drainage Fee: $ 1,393.00 d. Power Cost: ** e. Map Checking Fees: $ Per current fee schedule ($5,528.00) Resolution No. 84 TM-2016-02 December 14, 2017 Page - 10 - f. Park Fees: TBD per fee schedule (potentially $12,000) g. Traffic Impact Fees: TBD per fee schedule (Potentially $6,025) h. Street Tree $387.00 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. 11. SURVEYS A boundary survey and a survey map prepared by a licensed Land Surveyor will be required for all new construction to ensure the proposed building will be set based on the boundary survey and setback requirements. 12. 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. 13. 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. Resolution No. 84 TM-2016-02 December 14, 2017 Page - 11 - 14. 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. 15. 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 storm water runoff quality, and BMP inspection and maintenance. 16. 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. 17. 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. 18. 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. 19. 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 Resolution No. 84 TM-2016-02 December 14, 2017 Page - 12 - for non-standard appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk, pavers, and street lights. 20. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 21. 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. 22. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 23. 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). 24. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 25. 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. 26. 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. 27. 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. 84 TM-2016-02 December 14, 2017 Page - 13 - 28. 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. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution conform to generally accepted engineering practices. /s/Timm Borden Timm Borden, Director of Public Works City Engineer CA License 45512 PASSED AND ADOPTED this 14th day of December, 2017 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/Gian Paolo Martire_____ /s/Benjamin Fu_______________ Gian Paolo Martire Benjamin Fu Associate Planner Asst. Director of Community Development