Reso 6219 TM-2003-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6219
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 22,212 SQ.FT.
PARCEL INTO 2 LOTS (11,637 SQ. FT AND 10,021 SQ. FT.) IN A R1-6 ZONING DISTRICT
SECTION I: PROTECT DESCRIPTION
Application: TM-2003-04
Applicant: Dick Childress
Property Owner: Debcor, Inc.
Property Location: 1358 S. Stelling Road, east side of Stelling Road.
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. 6219 TM-2003-04 November 10,2003
Page 2
� 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-2003-04 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-2003-04,
as set forth in the Minutes of Planning Commission Meeting of November 10, 2003, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on exhibits titled: "Tentative Map, Lands of Debcor"
consisting of one (1) page and dated October 17, 2003, except as may be amended by
the conditions contained in this resolution.
2. LOT LINE BETWEEN PROPOSED LOTS
The eastern portion of the lot line between the lots shall be extended to the front to
create a straight line.
3. CONFORMANCE OF EXISTING HOUSE TO THE R-1 ORDINANCE
The following changes shall be made to ensure that the existing house conforms to the
R-1 ordinance (Section 19.28 of the Municipal Code) prior to final recordation of the map:
� a. The porch to the south shall be removed.
b. A new two-car garage shall be added to the north lot.
4. TREE RETENTION AND PROTECTION PLAN
a. Prior to beginning public improvements, the six eucalyptus trees in the right-of-
way (trees #1-6) shall be evaluated by the City's consultant arborist to allow
retention of the trees.
b. Recommendations shall include pruning, maintenance and care of the trees by the
applicant to be completed prior to recordation of the final map and construction
methods for the sidewalk construction for protection of the trees. In the case that
the property line needs to be adjusted to accommodate a greater separation
between the trees and sidewalk, additional right-of-way dedication shall be
Resolution No. 6219 TM-2003-04 November 10, 2003
Page 3
required. Adjustments to the public improvements shall include moving the curb
line into the parking lane, if necessary, to protect the trees.
c. Trees #13, 16, 18, 26-28 and Tree #29 in the arborist report by Barrie D. Coates
Associates dated September 9, 2003, shall be retained or in case of removal shall be
replaced with one 36-inch box oak or a tree type recommended by the City arborist
for each tree removed. The replacement trees shall be planted in the front yard near
the proposed sidewalk or in the rear yard(s). The recommendations for the care
and protection of trees to be retained shall be followed. Tree protection fencing as
recommended in the above report shall be installed for the above trees before
issuance of building permits.
5. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
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6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer. A 25'
dedication along the frontage of S. Stelling Road will be required toward obtaining a
building permit.
� 7. 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.
8. 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.
9. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
Resolution No. 6219 TM-2003-04 November 10, 2003
Page 4
10. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
11. 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. An arborist's report
shall be required for the six Eucalyptus trees in the right of way to to allow retention
of the trees. In the case that the property line needs to be adjusted to accommodate a
greater separation between the trees and sidewalk, additional right-of-way
dedication shall be required.
12. 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.
13. 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.
� 14. 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.
15. 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. Grading Permit: $5% of Site Improvement Cost
b. Development Maintenance Deposit: $ 1,000.00
c. Storm Drainage Fee: $ 657.90
d. Power Cost: **
e. Map Checking Fees: $520.00
Resolution No. 6219 TM-2003-04 November 10,2003
Page 5
f. Park Fees: $15,750
Bonds:
On-site Grading Bond: 100% of site improvements.
On & Off-site improvements Bond: 100% Labor/Material Bond, 100% Performance
Bond
-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 to pay for one-year power cost for streetlights.
16. 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.
17. 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. Identify all Pre and Post development BMPs that will
be installed on and off-site.
18. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off-site improvements.
I 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 rks
City Engineer CA License 22046
Resolution No. 6219 TM-2003-04 November 10, 2003
, Page 6
PASSED AND ADOPTED this 10th day of November 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
� AYES: COMMISSIONERS:Vice-Chair Saadati, Wong and Chairperson Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:Miller
ABSENT: COMMISSIONERS:
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ATTES : APPROVED:
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Stev Piasec i ngela en, Chair
Director of Community Development Cupertin Planning Commission
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