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TM-2017-01 res.docx CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 98 OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO TO ALLOW THE SUBDIVISION OF AN APPROXIMATELY 0.45 ACRE LOT INTO TWO (2) PARCELS OF APPROXIMATELY 8,512 SQUARE FEET AND 11,068 SQUARE FEET AT 10400 S. STELLING ROAD (APN 359-13-037) SECTION I: PROJECT DESCRIPTION Application No.: TM-2017-01 Applicant: Tracy Hsu Location: 10400 S. Stelling Road (APN 359-13-037) SECTION II: FINDINGS WHEREAS, the City of Cupertino received an application to subdivide an approximately 0.45 acre lot into two (2) parcels of approximately 8,512 square feet and 11,068 square feet; and WHEREAS, the project is categorically exempt from the California Environmental Quality Act (CEQA); 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: 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 Resolution No. 98 TM-2017-01 November 20, 2018 Page - 2 - 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 single family residences and will be evaluated for consistency with the development standards in the R1 Ordinance. 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 providing sidewalks and driveway cuts consistent with the City’s Standard Details. 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. 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. Resolution No. 98 TM-2017-01 November 20, 2018 Page - 3 - 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 size- appropriate driveway cuts and street and street 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 1 thereof, the application for a Tentative Map, Application no. TM-2017-01, 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-2017-01 as set forth in the Minutes of Administrative Hearing Meeting of November 20, 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, “Tentative Map, 10400 S. Stelling Road, Cupertino, CA 95014” drawn by SMP Engineers, dated October 2, 2017 consisting of one (1) sheet labeled “TM”; 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. 98 TM-2017-01 November 20, 2018 Page - 4 - 4. DEVELOPMENT ALLOCATION The project is granted a development allocation of one unit from the Citywide allocation. 5. 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. 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. 6. 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 Resolution No. 98 TM-2017-01 November 20, 2018 Page - 5 - f. Site dust, noise and storm run-off management plan g. Emergency/complaint and construction site manager contacts 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 Resolution No. 98 TM-2017-01 November 20, 2018 Page - 6 - 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. 12. COVENANT OF EASEMENTS Prior to issuance of a Building Permit on the site, the applicant shall record an easement for purposes of vehicular and pedestrian ingress and egress, maintenance, and utilities through the site to be determined upon approvals of development applications. The easement language and layout shall be reviewed and approved by the City prior to recordation with the County Recorder’s Office. The easement shall contain a provision that it may not be modified or removed without express written approval from the City. 13. PARCEL MAP Prior to approval of the Building permit, a parcel map shall be recorded. And, existing house must be demolished prior to recordation of the parcel map as building(s) cannot straddle between parcel lines. Additional private storm drain easements (PSDE) may be required based on the final grading & drainage design. 14. STREET IMPROVEMENTS & DEDICATION Provide a street dedication in fee title (if applicable) and frontage improvements along the project to the satisfaction of the Director of Public Works. Street improvements may include, but not be limited to, driveway cut (20’ wide), curb & gutter, sidewalk, street tree installations, close unused driveway cut and associated utility work. 15. 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. Drainage shall be provided to the satisfaction of the Director of Public Works. 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. 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. Resolution No. 98 TM-2017-01 November 20, 2018 Page - 7 - 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. Additional comments to be provided at Building Permit stage to address overland release and number of detention basins proposed for the project. 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). The developer shall reserve a minimum of 4% of developable surface area for the 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. 17. 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. Storm Drainage Fee: Per current fee schedule($4,550 per AC) e. Traffic Impact Fee $7,000 per new peak-hour trip generated f. Power Cost: ** g. Parcel Map Fee: Per current fee schedule ($5,528.00) h. Park Fees: Per current fee schedule (+/- $135,000 based on 4 units @ $60,000 per unit minus $105,000 credit for existing unit) i. Storm Management Plan Fee Per current fee schedule ($1,208) j. Street Tree $387 ** Based on the latest effective PG&E rate schedule approved by the PUC Resolution No. 98 TM-2017-01 November 20, 2018 Page - 8 - 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 schedule. 18. SURVEYS A boundary survey and a survey site 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. 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 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. 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. 21. 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. Resolution No. 98 TM-2017-01 November 20, 2018 Page - 9 - 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 29. 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 Resolution No. 98 TM-2017-01 November 20, 2018 Page - 10 - 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). 30. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 31. SAN JOSE WATER SERVICE COMPANY CLEARANCE Provide San Jose 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. 32. 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. 33. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 34. 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 35. 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. 36. LATERAL & SEWER LINE CLEANOUT Each lot shall have their own newly installed lateral and property line cleanout per District’s standards. Resolution No. 98 TM-2017-01 November 20, 2018 Page - 11 - PASSED AND ADOPTED this 20th day of November, 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: APPROVED: /s/Jeffrey Tsumura______ _/s/Benjamin Fu_____________________ Jeffrey Tsumura Benjamin Fu Assistant Planner Asst. Director of Community Development