Reso 6109 02-TM-O 1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6109
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
� RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 4.15-ACRE
PARCEL FOR A 56 UNIT TOWNHOME DEVELOPMENT
SECTION I: PROJECT DESCRIPTION
Application No.: 02-TM-01
Applicant: SummerHill Homes
Location: 10120 Imperial Avenue
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.
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. 6109 02-TM-01 September 24, 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 02-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 02-TM-01, as set forth
in the Minutes of Planning Commission Meeting of September 24, 2001, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approved is based on the approved plans, entitled "Tentative Map", prepared by Brian
Kangus Foulk, dated 9/18/O1.
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), 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.
3. ROAD MAINTENANCE AGREEMENT:
A reciprocal maintenance agreement shall be required for all parcels which share a common
private drive or private roadway with one or more other parcels. 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.
SECTION IV: CONDTTIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
4. STREET WIDENING
Street widening, improvements and dedications sha11 be provided in accordance with City
Standards and specifications and as required by the City Engineer.
5. 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.
g:/planning/pdreportlres/02-TM-01 res.doc
Resolution No. 6109 02-TM-01 September 24, 2001
Page 3
6. STREET LIGHTING INSTALLATION:
Street lighting sha11 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.
7. FIRE HYDRANT
( Fire hydrants sha11 be located as required by the City.
8. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
9. 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.
� 10. 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 maybe required.
Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as
appropriate.
11. 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.
12. MASONRY WALL
A masonry wall shall be provided on the project's boundary with the Union Pacific Railroad.
Said wall shall be at least six feet in height as measured from highest adjoining grade;
greater height may be required in accordance with the project acoustical consultant's
recommendations. Said wall shall be split-faced and be landscaped with vines on both sides.
13. PEDESTRIAN PATH EASEMENTS:
Applicant shall record a public easement in the area of the pedestrian path along the western
property boundary and on the three main internal pathways connecting Imperial Avenue to
the public pedestrian path along the rear property line. Property owner will be responsible
for maintenance of all pathways. Property owner or HOA shall be responsible for
maintaining all landscaping and liability for the areas covered by the pedestrian easements.
Easements shall be recorded prior to issuance of pernuts.
14. 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
g:/planning/pdreport/res/02-TM-OI res.doc ,
Resolution No. 6109 02-TM-01 September 24, 2001
Page 4
-------------------------------------------------------------------
-------------------------------------------------------------------
coordinate with affected utility providers for installation of underground utility devices. The
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.
15. 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 $2,130.00
minimum
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maint. Deposit: $ 3,000.00
d. Storm Drainage Fee: $ 7,567
e. Power Cost: **
f. Map Checking Fees: $1,047.00
g. Park Fees: $388,800.00
** 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
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.
16. 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.
17. 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 for water service to the subject
development.
18. NOTICE OF INTENT
The applicant must file a Notice of Intent (NOn, as required by the State Water Resource
Control Board, for all construction activity disturbing 5 acres or more of soil. The permit
requires the development and implementation of a Storm Water Pollution Prevention Plan
g:/planning/pdrepon/res/02-TM-01 res.doc
Resolution No. 6109 02-TM-01 September 24, 2001
Page 5
-------------------------------------------------------------------
-------------------------------------------------------------------
(SWPPP) and the utilization of storm water BMP's. The City shall review the SWPPP for
adequacy.
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
your 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.
��� � v l�[� �S
Ralph Qualls, Director of Public Works
PASSED AND ADOPTED this 24th day of September, 2001, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Patnoe, Chen, Auerbach and Chairperson Kwok
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES : APPR VED:
r � /
` �11
Steve Piasecki Patrick Kwok, Chairperson
Director of Community Development Cupertino Planning Commission
g:/planning/pdrepon/res/02-TM-01 res.doc