Reso 6076 OS-TM-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6076
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE ONE 1.73
GROSS ACRE LOT INTO TWO LOTS FOR 46 CONDOMINIUM UNITS AND A
COMMERCIAL BUILDING.
SECTION I: PROJECT DESCRIPTION
Application No.: OS-TM-00
Applicant: Pinn Brothers
Location: 19979-19999 Stevens Creek Blvd.
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Tentative Subdivision Map as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given as required by tr,e Subdivision and
Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least
one public hearing in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
has satisfied the following requirements:
a) That the proposed subdivision map is consistent with the City of Cupertino General Plan.
b) That the design and improvements of the proposed subdivision are consistent with tlle
General Plan.
c) That the site is physically suitable for the type and intensity of development conteniplated
under the approved subdivision.
d) That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidable injure tish and wildlife
or their habitat.
e) That the design of the subdivision or the type of improvements associated therewith are
not likely to cause serious public health problems.
fl 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.
Resolution No. 6076 OS-TM-00 January 22, 2001
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NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in
this matter, the application OS-TM-00 for a Tentative Map is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof, 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 OS-TM-00, as set forth
in the Minutes of Planning Commission Meeting of January 22, 2001, and are incorporated by
reference as though fully set forth herein.
SECTION IIL• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approved is based on the tentative map entitled "Tentative Map for Condominium &
Retail/Office Purposes: Lands of Njimeh" by MacKay & Somps, Civil Engineers, Inc., dated
November 2000, last updated January 15, 2001.
2. RECIPROCAL INGRESS/EGRESS EASEMENTS
A grant of easement for cross-access shall be submitted with the building permit for use of
driveways with neighboring parcels. The text of the easement shall be approved by statt;
after City Attorney review, and recorded prior to issuance of building permits.
3. SANITARY DISTRICT
Prior to obtaining a permit for occupancy, the applicant shall provide written confirmation
from the Cupertino Sanitary District that adequate capacity is available for the project.
4. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing Pro�;ram.
Five residential units shall be provided. The applicant shall record a covenant
simultaneously with the filing for a building permit and shall be subject to review and
approval by the City Attorney.
5. PEDESTRIAN EASEMENT
Pedestrian easements over the sidewalk area and through the interior courtyard sl�all bc
prepared by the developer, approved by the City Attorney and recorded a�ainst the subject
property prior to issuance of building permits.
6. 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 Codc
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 Se;ction
66020(a), has begun. If you fail to file a protest within this 90-day period complyin� with all
Resolution No. 6076 OS-TM-00 .Ianuary 22, 2001
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of the requirements of Section 66020, you will be legally barred from later challen�ing such
exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
7. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
8. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordancc with
grades and standards as specified by the City Engineer.
9. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Li�hting
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 thc zonc
in which the site is located.
10. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
11. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
12. STREET TREES
Streets trees shall be planted within the Public Right of Way and shatl be of a type approvcd
by the City in accordance with Ordinance No. 125.
13. GRADING
Grading shall be approved and required by the City Engineer in accordance wit11 Chapter
16.08 of the Cupertino Municipal Code.
14. DR.AINAGE
Drainage shall be provided to the satisfaction of the City Engineer, and shall be served by on
site storm drainage facilities connected to the City storm drainage system. If City storm
drains are not available, drainage facilities shall be installed to the satisfaction oF the City
Engineer. No increase of storm run-off is allowed.
15. UNDERGROLJND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinancc
No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installations of underground utility devices. The
developer shall submit detailed plans showing the utility underground provisions. Said plans
shall be subject to prior approval of the affected Utility provider and the City En�ineer.
Relocate Utility Pole behind sidewalk at northeast corner of the property.
Resolution No. 6076 OS-TM-00 ,Ianuary 22, 2001
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16. 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 underground of utilities. Said agreement
shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost (Commercial) and
$ 5% of Off-Site Improvement Cost (Residential)
b. Grading Permit $ 6% of Site Improvement Cost
c. Development Maintenance Deposit $ 2,000.00
d. Storm Drainage Fee: $ 4,444.00 ($5,522 -$1,100 (cred it — 1/23/63 ))
e. Power Cost: $ 75.00 per street light
£ Map Checking Fees: $ 432
g. Park Fees: $ 372,600.00 ($8,100 x 46 units)
Bonds
a. Faithful Performance Bond: 100% of Off-Site and On-Site Improvements
b. Labor & Material Bond: 100% of Off-site and On-Site Improvement
c. 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 moditied 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.
17. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures
shall be screened with fencing and landscaping or located underground such that said
equipment is not visible from public street areas.
18. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with California Water Company fior water service to
the subject development.
19. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Watcr Resources
Control Board, for construction activity which disturbs soil. BMP plans shall be included in
your grading and street improvement plans.
Resolution No. 6076 OS-TM-00 Janua:y 22, 2001
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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.
Ralph Qualls, Director of Public Works
PASSED AND ADOPTED this 22nd day of January, 2001, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Auerbach, Chen, Corr, Patnoe and Chairperson Kwok
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES . AP OVED:
,
,
` // , .
Steve Piasecki Patrick Kwok, Chairperson
Director of Community Development Cupertino Planning Commission
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