Reso 6164 TM-2002-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6164
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A.76 ACRE
PARCEL INTO 3 LOTS (9,478, 9,800 and 9,584 SQ. FT.) IN A R1-6 ZONING DISTRICT.
INTERPRETATION THAT THE FRONT YARD FOR LOT 3 IS LOCATED AT THE SOUTH
PROPERTY LINE.
SECTION I: FINDINGS FOR THE TENTATIVE MAP
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.
f) 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. 6164 TM-2002-03 October 14, 2002
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SECTION II: FINDINGS FOR INTERPRETATION OF FRONT YARD SETBACK FOR LOT
3
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
interpretation, as described in this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Plaruling Commission has held one or more public
hearings on this matter; and
WHEREAS, the Planning Commission finds that:
a. That design relationships with adjacent yards and buildings would be improved by
interpreting the front yard as facing the driveway for Lot 3 of the below referenced drawing;
and
b. That design relationships would be improved by interpreting them consistently with the
existing and proposed neighborhood design and lot orientation.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application TM-2002-03 for a Tentative Map and interpretation
that the front yard for Lot 3 is located at the south property line are 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 TM-2002-02,
as set forth in the Minutes of Planning Commission Meeting of October 14, 2002, and are
incorporated by reference as though fully set forth herein.
SECTION III: PROTECT DESCRIPTION
Application No.: TM-2002-03
Applicant: Dick Childress
Location: East side of Stelling Road, Northwest terminus of Orline Court.
SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on exhibits titled: "Tentative Parcel Map, 10690 S. Stelling
Road, Cupertino 95014, consisting of 1 page, except as may be amended by the
conditions contained in this resolution.
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Resolution No. 6164 TM-2002-03 October 14, 2002
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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. FRONT BUILDING SETBACK (LOT 3�
The front yard setback of Lot 3 shall be measured from the south property line.
4. TREE PROTECTION
The existing 24" cedar located within the 25 feet of dedication area (along the
southerly property line) and the 24" oak at the southeast corner of the lot are to be
saved. A tree protection plan with specific recommendations for a certified arborist
must be submitted to the Planning Department prior to any issuance of building
permits. The applicant shall submit a bond in the amount of 10,000 for each of the
above referenced trees to be released upon an arborist report confirming that the
trees are not damaged after the construction. Any other trees shown as remaining on
the tentative map may be removed without any modifications to this approval.
5. RECIPRICAL ACCESS EASEMENT
A reciprocal access easement and a joint maintenance agreement to the satisfaction of
the Director of the Public Works Departments shall be recorded prior to issuance of
building permits.
6. TOINT MAINTENANCE AGREEMENT
A maintenance agreement shall be recorded between Lot 2& 3 to the satisfactionof
the Director of the Public Works Department prior to any issuance of building
permits.
SECTION V: 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.
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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 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.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. 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.
6. 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.
7. 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 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.
8. 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 Site Improvement Cost or $2,300.00
minimum
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b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $1,000.00
� d. Storm Drainage Fee: TBD
e. Power Cost: N/ A
f. Map Checking Fees: $ 501.00
g. Park Fees: $ 31,500
h. Street Tree By Developer
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.
9. 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.
10. 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.
11. 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.
12. 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 grading and street improvement plans. Erosion and or sediment control
plan shall be provided.
13. ARBORIST REPORT
In order to preserve the cedar tree located in the proposed right of way, an arborist's
report shall be submitted to the Public Works Department with specific
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Resolution No. 6164 TM-2002-03 October 14, 2002
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recommendations on how public improvements can be constructed in ways to protect
the tree.
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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 V. of this
Resolution conform to generally accepted engineering practices.
LC � �'� �
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 14th day of October 14, 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: Wong, Saadati, Chen, Auerbach and Chairperson Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES . APPRO .
.. .
Stev Piasecki arles Corr, Chair
Director of Community Development Cupertino Planning Commission
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