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Reso 6144 TM-2002-01 ' CITY OF CUPERTINO , 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6144 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO � RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A.5 ACRE PARCEL ' INTO 2 LOTS (9,478 AND 9,174 SQ. FT.) IN A R1-7.5 ZONING DISTRICT I � , SECTION I: FINDINGS I 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: That after caxeful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2002-01 for a Tentative Map is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, and Resolution No. 6144 TM-2002-01 August 12, 2002 Page -2- That the subconclusions upon which the findings and conditions specified in this Resolution are , based and contained in the Public Hearing record concerning Application TM-2002-01, as set forth in � the Minutes of Planning Commission Meeting of August 12, 2002, and are incorporated by reference ' as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: TM-2002-01 � Applicant: San Jose Water Land Company , Location: East side of Sterling Boulevard, northeast of Barnhart Avenue � SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT ' DEPT. � 1. APPROVED EXHIBITS The approval is based on exhibits titled: "Tentative Map, Sterling Boulevard Site" consisting of lpage, 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), 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. BUILDING SETBACK: To protect the riparian corridor along Saratoga Creek, the tentative map shall be amended to reflect a 50' building setback from the top of bank. Buildings and accessory structures shall not be allowed within the setback. This condition shall expire at the adoption of a Riparian Ordinance by the City of Cupertino or two years after the recordation of the final map, whichever occurs first. 4. COVENANT RUNNING WITH THE LAND 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 connecting Sterling Boulevard to the Saratoga Creek Trail. Furthermore, the covenant shall inform the property owners of the 50' building setback protecting the riparian corridor along Saratoga Creek. G:\Planning�PDREPORT'�RES\TM-2002-01 res.doc Resolution No. 6144 TM-2002-01 August 12, 2002 Page -3- SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT � 1. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. 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. 3. 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. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 6. 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. 7. 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 andlor Regional Water Quality Control Board as appropriate. 8. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-development calculations must be provided to identify how much runoff will be directed to our storm drain facilities. 9. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 10. 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 • G:�Planning�PDREPORT'�RES\TM-2002-01 res.doc Resolution No. 6144 TM-2002-01 August 12, 2002 Page -4- 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. ' 11. 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: $ 1,000.00 ' d. Storm Drainage Fee: $ 1,290.00/acre e. Power Cost: * * f. Map Checking Fees: PAID g. Park Fees: $ 15,750/parcel ' 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. ** Developer is required for one-year power cost for streetlights 12. 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. 13. 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. 14. FIRE ACCESS LANES Emergency fire access lanes shall be recorded as fire lane easements on the final map and shall meet Central Fire District standards. G:�Planning�PDREPORT'�RES\TM-2002-01 res.doc Resolution No. 6144 TM-2002-01 August 12, 2002 Page -5- , 15. 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. 16. SAN TOMAS AQUINO TRAIL/ SARATOGA CREEK TRAIL � The proposed 18' San Tomas Aquino/ Saratoga Creek Trail access, which shall be located ( toward the southwestern portion of Parcel #2, is required through a dedication to the City of Cupertino. � � ( ___________________---------- 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. � F � us � Ralph ualls Director f Public Works G� E'Nb �. C Z =.0�6 PASSED AND ADOPTED this 12th day of August 2002, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Saadati, Wong, Auerbach and Chairperson Corr NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chen ATTEST: APPROV . ~ � � � �� � r �� Steve Piasecki Charles Corr, Chair Director of Community Development Cupertino Planning Commission G:�Planning�PDREPORT\RES\TM-2002-01 res.doc