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Reso 6097 O 1-TM-O 1 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 6097 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE AN � APPROXIMATELY 1.6 ACRE SITE INTO THREE PARCELS RANGING IN SIZE FROM APPROXIMATELY 20,500 TO 22,500 SQUARE FEET IN AN R1-20 ZONING DISTRICT. � ' SECTION I: PROJECT DESCRIPTION Application No.: O 1-TM-O 1 ' Applicant: Moxley Properties Location: 21949 Lindy Lane 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 the 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 the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated 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 fish and wildlife or their habitat due to the preservation, relocation and replanting of various oak trees. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. � 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. 6097 O 1-TM-O 1 July 9, 2001 Page 2 ------------------------------------------------------------------- ------------------------------------------------------------------ NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application O1-TM-01 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 O 1-TM-O 1, as set forth in the Minutes of Planning Commission Meeting of July 9, 2001, 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 Sheets 1-3 of the tentative map, dated May 2001, excepted as may be amended by conditions contained in this resolution. 2. ROAD MAINTAINANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels that share a common private roadway within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. 3. TREE PROTECTION All trees shown to be protected on the tentative map shall be protected. In addition, tree #9 shall be relocated. Trees #30, 35 and 36 shall be reevaluated to determine if they can remain. Trees # 18 and 42 shall not be removed. Any specimen oak tree removed shall be replaced with a 36" box oak tree, with the located to be determined by staff. Other tree protection recommendations included in the arborist's report (Deborah Ellis, May 2001) shall be followed. A tree bond in the amount of $20,000 shall be submitted prior to recordation of the final map, and shall be released upon a written report by the arborist that the trees have been adequately protected during construction and are expected to survive. The arborist shall prepare a report, prior to recordation of the final map, regarding the risk of introducing sudden oak death to the site during site improvements and recommend any prevention measures if needed. 4. GEOLOGIST'S CONDITIONS The conditions of approval of the City's consulting geologist, Cotton, Shires & Associates letter dated May 29, 2001, shall be implemented. 5. 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, Resolution No. 6097 O 1-TM-O 1 July 9, 2001 Page 3 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 DEPARTMENT i 6. STREET WIDENING � Street widening, improvements and dedications shall be provided in accordance with City � Standards and specifications and as required by the City Engineer, with special attention to , the condition and alignment of the intersection of the private road at Lindy Lane. � 7. 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. I � 8. 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. 9. FIRE HYDRANT Fire hydrants shall be located as required by the City. 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. STREET TREES Streets trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 12. 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. 13. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served on 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. Resolution No. 6097 O1-TM-01 July 9, 2001 Page 4 ------------------------------------------------------------------- ------------------------------------------------------------------- 14. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 15. LINDERGROLJND UTILITIES The 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 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 Engineer. 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: $ 5% of Off-Site Improvement Cost or $2,130.00 minimum b. Grading Permit $ 5% of Site Improvement Cost c. Develo�ment Maintenance Deposit $ 1,000.00 d. Storm Drainage Fee: $ 2,080.00 e. Power Cost: N/A f. Map Checking Fees: $ 463 g. Park Fees: $ 31,500.00 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 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. 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 for water service to the subject development. Resolution No. 6097 O 1-TM-O 1 July 9, 2001 Page 5 ------------------------------------------------------------------ ------------------------------------------------------------------- 19. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity which disturbs soil. BMP plans shall be included in the grading and street improvement plans. Erosion and/or sediment control plan shall be provided. 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 9th day of July, 2001, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Auerbach, Patnoe and Chairperson Kwok NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chen and Corr ATTE : APP VED: . , Steve Piasec i Patrick Kwok, hai rson Director of Community Development Cupertino Planning Commission g:/planning/pdreport/res/01-TM-01 res.doc