Reso 6182 TM-2002-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6182
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
, RECOMMENDING APPROVAL OF A TENTATIVE MAP TO TO SUBDIVIDE FOUR
EXISTING PARCELS RANGING FROM APPROXIMATELY 1.9 ACRES TO 6.0 ACRES TO
CREATE SIX"BUILDING" PARCELS AND ONE COMMON LOT RANGING FROM
APPROXIMATELY 0.1 ACRES TO 3.7 ACRES IN A P AND P(OP) ZONING DISTRICT
SECTION I: PROTECT DESCRIPTION
Application No.: Z-2002-02, U-2002-06,EA-2002-14, EXC-2002-09, TM-2002-02
Applicant: Hunter/Storm Associates
Location: Southwest corner of Rodrigues Avenue and Torre Avenue
(APN#s: 369-40-002, 369-40-015,369-40-016 and 369-40-017-Cupertino
Town Center)
SECTION II: FINDINGS:
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.
Resolution No. 6182 TM-2002-02 Apri128,2003
Page 2
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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application TM-2002-02 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 TM-2002-02, as set
forth in the Minutes of Plaruling Commission Meeting of April 28, 2003, and are incorporated
by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on plan set dated February 24, 2003 and updated per plan set dated April
21,2003, entitled "Civic Park" and as amended by 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. PHASED TENTATIVE MAP
The phased tentative map is approved as follows:
1. Phase 1 -Building G
2. Phase 2- Building R-1 and Park.
3. Phase 3-Building R-2
4. Phase 4-Building G and Building F.
Phases may be changed upon approval by the Director of Community Development subject
to Condition 6. The tentative map shall be revised to reflect changes in the site plan and
changes the shape of Buildings F, G &H in sheet C-1 of the plan set dated April 21, 2003.
7. SHARED PARKING AGREEMENT
A grant of easement for parking and amendment to the CC&Rs shall be submitted with the
building permit and shall be recorded for use of parking spaces between buildings as
Resolution No. 6182 TM-2002-02 Apri128,2003
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indicated below:
Building C-23 surface parking spaces.
Building D -29 surface parking spaces.
Building E -57 surface parking spaces and 66 spaces in Building R-2 garage.
Building F- 183 spaces in Building F garage.
Building G - 79 spaces in Building G garage and 16 surface parking spaces in lot between
Buildings G&H.
Cafe-11 surface parking spaces in lot between Buildings G&H.
Building H-220 spaces in Building H garage and 37 spaces in Building F garage.
Building R-1 -254 spaces in Building R-1 and 26 surface spaces in lot between Buildings
G&H.
Building R-2 (residential) -154 spaces in Building R-2.
Building R-2 (retail) -81 surface parking spaces and 14 spaces in Building R-2.
Surface parking spaces on the entire site shall be made available for the retail,restaurant
and residential guest uses and public parking (see condition no. 9) after office hours. The
text of the easement shall be approved by the City Attorney and the easement shall be
recorded prior to final occupancy for each building affected by this condition.
8. PUBLIC PARKING EASEMENT
The applicant shall record an easement to make surface parking spaces (282 spaces)
available for public parking for events at City Center Park,Civic Center and Civic Park
during nights,weekends and holidays. The text of the easement shall be approved by the
City Attorney and the easement shall be recorded prior to final occupancy for each building
affected by this condition.
9. RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for each lot created by the new development for
necessary reciprocal ingress and egress easements between the new lots created by the
development and adjacent properties to the south and west subject to approval of the City
Attorney. The easement shall be recorded prior to issuance of building occupancy for each
building affected by this condition.
17. PEDESTRIAN EASEMENT
Pedestrian easements over the sidewalk areas (portion on private property) and through the
interior pedestrian paths and plazas shall be prepared by the developer, approved by the
City Attorney and recorded against the subject property prior to issuance of building
permits.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
18. 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. 6182 TM-2002-02 Apri128,2003
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19. 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.
20. STREET LIGHTING INSTALLATION
Sireet 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.
21. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
22. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
23. 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.
24. 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.
25. 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 the City Engineer
deems storm drain facilities necessary. 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.
26. MASONRY WALL
A masonry wall shall be provided on the project's mutual boundary with residentially
zoned or used property. Said wall shall be a t 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.
27. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction on Lot A to the approval of the
City. The driveway to Lot A shall be marked Fire Lane on the final map.
28. UNDERGROUND UTILITIES
Resolution No. 6182 TM-2002-02 Apri128,2003
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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.
29. EASEMENTS
The developer shall keep all easements free and open of permanent structures at all times,
unless there are written confirmation from the utility companies and the City saying
otherwise.
30. 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: $ 6% of Off-Site Improvement Cost or $1,975.00
minimum
b. Grading Permit: $6% of Site Improvement Cost
c. Development Maintenance Deposit: $3,000.00
d. Storm Drainage Fee: $1,290/ACRE
e. Power Cost: **
f. Map Checking Fees: $576.95
g. Park Fees: $1,628,100
** Developer is responsible for one-year power cost. The latest effective PG&E rate
schedule approved by the PUC will dictate the power cost
****Please see attached sheet
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.
31. 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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32. 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.
33. NOTICE OF INTENT
The applicant must file a Notice of Intent (NOI), as required by the State Water Resource
Control Board, for all construction activity disturbing 1 acres or more of soil. The permit
requires the development and implementation of a Storm Water Pollution Prevention Plan
(SWPPP) and the utilization of storm water BMP's. The City shall review the SWPPP for
adequacy.
34. 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.
35. CONDOMINUM MAP
The original tentative map shall show the separation into condominiums. A final map shall
be required to accomplish the separation into condominiums for this project. The final map
shall be in substantial compliance with the tentative map.
36. VESTING TENTATIVE MAP
The tentative map being submitted shall not be a�proved as a vestin� tentative ma�. The
alternative shall be an extended Use Permit as indicated in Condition Nos. 4 & 6 that
addresses phasing of the project in a manner acceptable to the City.
37. 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.
38. 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.
39. DIAGONAL PARKING
Diagonal parking can be constructed along the western side of Torre Avenue. Additional
right of way needed to accommodate this diagonal parking must be attained from the
applicant's portion of the lot, not the City's.
Resolution No. 6182 TM-2002-02 Apri128,2003
Page 7
40. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the City Engineer and the
Director of Community Development. Clearance by the Public Works and Community
Development Department is needed prior to obtaining a building permit.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDITIONS
(Section 66474.18 of the 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
c� C� u �l
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 28th day of Apri12003, by the following roll call vote:
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AYES: COMMISSIONERS: Corr, Miller,Saadati,Wong and Chairperson Chen
� NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
_ ,
Steve Piasecki Angela en, Chairperson
� Director of Community Development Cupertino Planning Commission
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