Reso 6165 TM-2002-04
M-2002-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6165
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP FOR 206 CONDOMINIUM
UNITS AND ONE LOT HELD IN COMMON ON AN APPROVED APARTMENT/ RETAIL
BUILDING SITE AND RECOMMENDING APPROVAL OF A MODIFICATION TO A USE
PERMIT (6-U-00) FOR A 206-UNIT APARTMENT/ RETAIL COMPLEX TO ALLOW "FOR
RENT" OR "FOR SALE" CONDOMINIUMS.
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 III 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. 6165 TM-2002-04, M-2002-08 November 12, 2002
Page -2-
SECTION II: FINDINGS FOR MODIFICATION OF A USE PERMIT
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The proposed use, at the proposed location, will not detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the
Cupertino General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application TM-2002-04 for a Tentative Map and the application
M-2002-08 for a Modification to the Use Permit 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 Applications TM-2002-04,
M-2002-08 as set forth in the Minutes of Planning Commission Meeting of November 12,
2002, and are incorporated by reference as though fully set forth herein.
SECTION III: PROTECT DESCRIPTION
Application No.: TM-2002-04, M-2002-08
Applicant: Don Bragg (Verona Apartments)
Location: 20488 Stevens Creek Boulevard
SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on exhibit sheets 1-11, drawing no. 100002 except as may be
amended by the conditions contained in this resolution.
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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. VESTING TENTATIVE MAP
The applicant shall remove the word "Vesting" from the title bar of sheets 1-11 of the
exhibits.
SECTION V: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
4. STREET WIDENING
Street widening, improvements and dedications shall 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.
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. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
8. 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.
9. 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
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Resolution No. 6165 TM-2002-04, M-2002-08 November 12, 2002
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City storm drainage system. If City storm drains are not available, drainage facilities
shall be installed to the satisfaction of the City Engineer.
I
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 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 Site Improvement Cost or $2,300.00
minimum
b. Grading Permit: $ 6% 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: $ 2,736.00
g. Park Fees: N/ A
h. Street Tree By Developer
Bonds:
a. Faithful Performance Bond:100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100°/o 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.
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.
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Resolution No. 6165 TM-2002-04, M-2002-08 November 12, 2002
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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.
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 grading and street improvement plans. Erosion and or sediment control
plan shall be provided.
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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.
_ C�c�c. �c. �
Ralph Qualls, Director of Public Wor
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:
ATTEST: APPROVED•
�
Steve Piasecki Charles Corr, Chair
Director of Community Development Cupertino Planning Commission
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