Reso 6187'�
TM-2003-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6187
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 4.03-
ACRE PARCEL INTO 55 PARCELS AND ONE COMMON PARCEL AT 7310
RAINBOW DRIVE A-E and 7308 RAINBOW DRIVE 9-14 and A.
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2003-01
Applicant: Prometheus
Location: 7310 Rainbow Drive
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. 6187 TM-2003-01 May 27, 2003
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
May 27, 2003, 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
David B. Voorhies, dated 3/30/03.
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: 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. The
Public Works Department must approve all on and off-site improvements prior
Resolution No. 6187 TM-2003-01 May 27, 2003
Page 3
to gaining approval, which includes storm drain improvements, sidewalk
design, curb and gutter design and dedications along Poppy Way.
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. The
Public Works Department must approve all on and off-site improvements prior
to gaining approval, which includes storm drain improvements, sidewalk
design, curb and gutter design and dedications along Poppy Way.
6. 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.
7. FIRE HYDRANT
Fire hydrants shall 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. Pre and Post-
development calculations must be provided to identify whether new storm
drain facilities will be required, existing systems may need to be upgraded, or
storm drainage can be maintained the same.
12. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
13. 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
Resolution No. 6187 TM-2003-01 May 27, 2003
Page 4
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.
14. 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 $2,268.00
minimum
b.Grading Permit: $6% of Site Improvement Cost
c.Development Maintenance Deposit: $3,000.00
d.Storm Drainage Fee: $5,198.70
e.Power Cost: **
f.Map Checking Fees: $1,097.75
g.Park Fees: $97,200.00
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.
** Developer is required for one-year power cost for streetlights
15. 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.
16. 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.
17. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off site improvements.
Resolution No. 6187 TM-2003-01 May 27, 2003
Page 5
18. 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.
19. NOI/NPDES PERMIT
I The developer shall determine if a NOI/ NPDES permit will be required for their
site. Please see attached.
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.
�� � � � � ��
Ralph Qualls, Director of Public Wor
City Engineer CA License 22046
PASSED AND ADOPTED this 27th day of May, 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Miller, Wong and Chairperson Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Saadati
ATTE : APPROVED:
� �IU _ ,
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Steve Piasecki Angela n, Chairperson
Director of Community Development Cupertino Planning Commission
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