Reso 6105 03-TM-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6105
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE ONE PARCEL
(45,200 SQUARE FEET) INTO 9 TOWNHOME LOTS WITH LOT SIZES RANGING FROM
2,098 SQUARE FEET TO 3,078 SQUARE FEET, AND ONE COMMON LOT AT 20075 DE
PALMA LANE
SECTION I: FINDINGS
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WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Tentative Subdivision Map as described in Section II. 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 unavoidable injure fish 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.
, � 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.
NOW, THEREFORE, BE IT RESOLVED:
Resolution No. 6105 03-TM-01 September 10, 2001
Page -2-
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in
this matter, the application 03-TM-Ol 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 03-TM-01, as set forth
( in the Minutes of Planning Commission Meeting of September 10, 2001, and are incorporated by
( reference as though fully set forth herein.
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SECTION II: PROJECT DESCRIPTION
Application No.: 03-TM-O 1(14-EA-O 1)
� Applicant: R&Z Development
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` Location: 20075 De Palma Lane
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on e�ibits titled: "CAMPO de LOZANO: Between Rodrigues Avenue
and 20075 De Palma Lane, Cupertino, California" consisting of 18 pages labeled: C, 1
(Preliminary Grading Plan), and 1(Tentative Map), dated 8/29/O 1, except as may be amended
by the conditions contained in this resolution.
2. 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), t�ese 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.
3. HOUSING MITIGATION REQUIREMENTS
The applicant shall comply with the requirements of the Housing Mitigation Manual.
4. BEST MANAGEMENT PRACTICES
Resolution No. 6105 03-TM-01 September 10, 2001
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Utilize Best Management Practices (BMP's), as required by the State Water Resources Control
Board, for construction activity which disturbs soil.
5. COVENANT REGARDING PEDESTRIAN PATHWAY EASEMENT
The developer shall record a covenant on each lot to be sold or leased, informing future lot
' purchasers or renters of the existence of the pedestrian pathway easement in the area.
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� 6. DEMOLITION REQUIREMENT �
� All existing structures on the site shall be removed prior to or concurrently with project
( construction. The developer shall assume the responsibility to obtain all required demolition
� permits in accordance with City Ordinances. The applicant shall agree to site inspection by the
Cupertino Historical Society if requested by the City.
7. TREE PROTECTION
� The applicant is required to retain trees numbered 467, 468, 469 and 481 as identified in the
� arborist report titled: "Tree Survey for the Trees Located @20075 De Palma Lane, Cupertino,
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California", prepazed by Tree Health Professionals, Inc. and dated July 31, 2001. The remaining
trees may be removed without further permits from the City of Cupertino. The retained trees are
required to be protected until natural death. A bond in the amount of $10,000 per tree, for a
maximum of $40,000 shall be placed to assure maximum protection of said trees, during
construction.
The tree protection methods outlined in the aforementioned arborist report shall be completed by
the contracting arborist. If no signs of damage or ill health due to construction activities are
identified the bond shall be released. If the tree(s) is irreversibly damaged the bond shall be held
and applied to the installation of the largest replacement tree on the site as recommended by the
Internationally Certified Arborist. If the tree can be repaired by an Internationally Certified
Arborist the bond or a portion thereof shall be applied to its repair.
The bond may be released following issuance of the occupancy permit and after written
confirmation by the contracted internationally certified arborist that the trees are healthy. The
bond shall be forfeited if the health of the trees is compromised. The applicant shall provide staff
with a copy of the contract between the applicant and an internationally certified arborist. This
contract shall specify the methods to assure compliance with the July 31, 2001 arborist report.
The contract may include periodic site visits, review of construction drawings, and
recommendations on alternative construction methods for maximum tree preservation.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
8. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
Resolution No. 6105 03-TM-01 September 10, 2001
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9. 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.
' 10. 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
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� adjoining properties, and shall be no higher than the maximum height permitted by the zone
in which the site is located.
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11. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
� 12. TRAFFIC SIGNS
� Traffic control signs shall be placed at locations specified by the City.
13. STREET TREES
Street 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.
14. 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.
15. 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 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.
16. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
17. UNDERGROUND 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 installation of underground utility devices. The
Resolution No. 6105 03-TM-01 September 10, 2001
Page -5-
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.
18. 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 undergrounding 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 $2,268.00
minimum
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $3,000.00
d. Storm Drainage Fee: $1,596.75
e. Power Cost: * *
f. Map Checking Fees: $546.25
g. Park Fees: $64,350
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC.
Bonds: �
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvements
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.
19. 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.
20. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water Company for water service to
the subject development.
21. FIRE ACCESS LANES
Resolution No. 6105 03-TM-01 September 10, 2001
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Emergency fire access lanes shall be recorded as fire lane easements on the final map and
shall meet Central Fire District standards.
22. 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
your grading and street improvement plans. Erosion and or sediment control plan shall be
� provided.
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i 23. DRIVEWAY
Driveways shall conform to City standard details.
24. FINAL MAP DETAILS
Applicant shall specify the nature of the public utility easement on the final subdivision map.
(ingress, egress, utilities, storm drainage, etc.)
22. WALKWAY/PATHWAY
The developer shall design and construct a walkway/pathway that is no less than 5' wide
from the Rodrigues Avenue sidewalk to its connection with the approved 8' Regnart Creek
walkway/pathway which shall also be designed and constructed by the applicant. This final
design must be completed and approved prior to the recordation of the final map.
Construction must be completed prior to building occupancy. Both design and construction
shall be to the satisfaction of the Director of Public Works and the Santa Clara Valley Water
District.
23. RECORDATION OF EASEMENTS & AGREEMENTS
Applicant shall record appropriate easements, and maintenance and liability agreements
subject to the review and approval of the City Attorney.
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.
G�u.0 -�
Ralph Qualls, Director of Public Wor
Resolution No. 6105 03-TM-01 September 10, 2001
Page -7-
PASSED AND ADOPTED this l Oth day of September 2001, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Patnoe, Chen and Auerbach
NOES: COMMISSIONERS: Chairperson Kwok
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
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ATTE� : AP VED:
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Steve Piasecki Patrick Kwok, Chair
Director of Community Development Cupertino Planning Commission
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