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TM-2017-02 res.docxCITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 88 OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO TO ALLOW THE SUBDIVISION OF AN APPROXIMATELY .44 ACRE LOT INTO TWO (2) PARCELS OF APPROXIMATELY 8,892 SQUARE FEET AT 22561 ALCALDE ROAD (APN 342-29-063) SECTION I: PROTECT DESCRIPTION Application No.: TM -2017-02 Applicant: Cindy Hsu Location: 22561 Alcalde Road (APN 342-29-063) SECTION II: FINDINGS WHEREAS, the City of Cupertino received an application to subdivide an approximately .44 acre lot into two (2) parcels of approximately 8,892 square feet; and WHEREAS, prior to the Administrative Hearing the Environmental Review Committee heard the item on March 1, 2018 during which it reviewed the Draft Mitigated Negative Declaration, received public comments, and recommended adoption of a Mitigated Negative Declaration on a 5-0 vote; and WHEREAS, on April 12, 2018 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. 88 TM -2017-02 April 12, 2018 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 Low Density (1-5 DU/Ac.). 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 7,500 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 off-site improvements proposed with the project are identical to the existing improvements adjacent to the subject site. These are consistent with the City's General Plan policies related to pedestrian safety etc. by separating sidewalks from the street, minimizing curb -cuts and requiring an urban canopy within the public right-of-way. 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. 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. Resolution No. 88 TM -2017-02 April 12, 2018 Page -3 - 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 -2017-02, 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 -2017-02 as set forth in the Minutes of Administrative Hearing Meeting of April 12, 2018, 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, "Hsu Residence — Lot A," drawn by HMC Associates, LLC dated August 18, 2017 consisting of sixteen (16) sheets labeled A-1.0 — A-4.0, L-1, TM -1, TH-2, and Boundary & Topographic Map; except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT 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. Resolution No. 88 TM -2017-02 April 12, 2018 Page - 4 - 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. EA -2017-02, R-2018-08, R-2018-09, and TR -2018-05 shall be applicable to this approval. 4. DEVELOPMENT ALLOCATION The project is granted a development allocation of one unit from the Citywide allocation. 5. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (SMR) 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. 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. 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. Resolution No. 88 TM -2017-02 April 12, 2018 Page -5 - 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. 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. 10. FENCES All fencing on the site shall comply with Cupertino Municipal Code Chapter 19.48 Fences. 11. LANDSCAPE PROTECT 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 Resolution No. 88 TM -2017-02 April 12, 2018 Page - 6 - Water Budget Calculations shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. 12. 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. 13. 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. 14. 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. 15. 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. 88 TM -2017-02 April 12, 2018 Page - 7 - SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 1. TRAFFIC IMPACT FEES The Project will be subject to pay Traffic Impact Fees. The fee is $6,025 per new AM or PM peak -hour trip generated by the Project prior to issuance of grading permits. 2. PARCEL MAP Prior to approval of the Building permit, a Parcel Map will be required to be recorded with the County Recorders, County of Santa Clara. Show any existing easements on the map. 3. STREET IMPROVEMENTS & DEDICATION Provide a street dedication in fee title and frontage improvements along the project to the satisfaction of the Director of Public Works. Dedication shall be the full half -street width, as indicated in the title report, prior to recordation of final map. Street improvements may include, but not be limited to, installation of new detached sidewalk, driveways, curb & gutter, new pavement up to centerline, street trees, underground overhead utilities, and relocation of utility pole and utility boxes. 4. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the Director of Public Works. 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 & DRAINAGE Grading shall be as approved and required by the Director of Public Works 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. 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. 6. C.3 REQUIREMENTS C.3 regulated improvements may be required for 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 Resolution No. 88 TM -2017-02 April 12, 2018 Page - 8 - placement of low impact development measures, for storm water treatment, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works. 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. 7. 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% of improvement costs) b. Grading Permit: Per current fee schedule ($2,825.00 or 6% of improvement costs) c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: Per current fee schedule ($4,550 per AC) e. Traffic Impact Fee $6,025 per new peak -hour trip generated (1 peak hour trip being generated with current site plan). f. Power Cost: g. Parcel Map Fees: Per current fee schedule ($5,527.90) h. Park Fees: Per current fee schedule ($84,000 per new unit) i. Street Tree Fees: Per current fee schedule ($386.84 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 Resolution No. 88 TM -2017-02 April 12, 2018 Page -9 - 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 schedule. 8. 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 Director of Public Works. 9. 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. 10. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. SMP plans shall be included in grading and street improvement plans. 11. 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. 12. 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. Resolution No. 88 TM -2017-02 April 12, 2018 Page - 10 - 13. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the Director of Public Works and shall be of a type approved by the City in accordance with Ordinance No. 125. 14. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 15. 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). 16. 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. 17. 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. 18. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 19. 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 V: CONDITIONS ADMINISTERED BY CUPERTINO SANITARY 1. CONNECTION PERMIT FEES Connection permit fees, lateral disconnection fees, frontage fees, and acreage fees will be required for the proposed lots during the Building Permit Phase. Resolution No. 88 TM -2017-02 April 12, 2018 Page - 11 - 2. LATERAL & SEWER LINE CLEANOUT Each lot shall have their own newly installed lateral and property line cleanout per District's standards. 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 12th day of April, 2018 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: /s/Gian Paolo Martire Gian Paolo Martire Associate Planner APPROVED: /s/Benjamin Fu Benjamin Fu Asst. Director of Community Development