Reso 6224 1-TM-00
CITY OF CUPERTINO
10300 Torre Avenue
� Cupertino, California 95014
RESOLUTION NO. 6224
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TIME EXTENSION FOR AN APPROVED TENTATIVE MAP
TO SUBDIVIDE A 18,818 SQ. FT. PARCEL INTO TWO LOTS OF ABOUT
11,021 SQ. FT. AND 7,797 SQ.FT. AT 10440 SOUTH BLANEY AVENUE
SECTION I: FINDINGS:
WHEREAS, the Planning Commission of the City of Cupertino received an application for the
extension of a Tentative 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 avoidable 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.
� That the subdivision and its proposed demolitions and improvements will not create a violation of
the existing R-1 single-family residential zoning district.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for a Tentative Map is 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 No.l-TM-00 as set forth in the
Minutes of Planning Commission Meeting December 8, 2003, and are incorporated by reference as
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 1-TM-00
Applicant: Ronald Bennett & Barbara Valdez
Location: 10440 South Blaney Avenue
Resolution No. 6224 1-TM-00 December 8,2003
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
, 1. APPROVED EXHIBITS
Approval is based on E�ibit titled: "TENTATIVE MAP FOR: BENNETT GROUP, 10440 S.
BLANEY AVENUE," consisting of 1 sheet dated Feb. 2000, except as may be amended by
� conditions in this resolution.
2. TREE PROTECTION
An arborist report , written by an internationally certified arborist, shall be prepared for the 36"
Redwood tree, shown on the tentative map exhibit, prior to demolition, grading or subdivision
activity. If the report shows the tree is in poor health and is recommended for removal, then the
tree shall be replaced with a 36"boxed redwood tree planted somewhere on the parcel. If the
report shows the tree is in good health and need not be re moved, protective chain-link fencing
shall be erected around the tree prior to demolition, grading or construction activity. A bond in
the amount of$10,000 shall be submitted for the subject tree required to be protected during
development. The bond may be released following inspection by an internationally certified
arborist who shall certify in writing that the tree has been adequately protected during
development and is expected to survive.
3. 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 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.
4. ONSITE DEMOLITION AND IMPROVEMENT REQUIREMENTS
Prior to final map approval, the applicant shall demolish the accessory structures on proposed
Parcels 1 & 2. The concrete paving in the front setback of proposed Parcel 1 shall also be
removed. Also prior to final map approval, the applicant shall construct a garage and driveway
apron for the existing house on Parcel2 in accordance with the City's regulations for parking.
5. EXPIRATION DATE
The expiration date of this tentative map extension is June 19, 2004.
SECTION IV: CONDITONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
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.
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
Resolution No. 6224 1-TM-00 December 8,2003
Page 3
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.
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.
12. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
' of the Cupertino Municipal Code.
13. 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.
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. Checking& Inspection Fees: $ 5% of Improvement Cost or$1,975.00 minimum
b. Development Maintenance Deposit: $ 1,000.00
c. Storm Drainage Fee: $ 1,290/acre= $558
d. Power Cost: $ 75.00 per street light
e. Map Checking Fees: $ 432.00
f. Park Fees: $ 15,750.00
g. Grading Permit: $ 5% of on-site improvement Cost or$156.00 min.
-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.
Resolution No.6224 1-TM-00 December 8,2003
Page 4
� 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. DEDICATION OF WATERLINES
The developer shall execute a quitclaim deed for underground water rights to San Jose Water and
shall reach an agreement with San Jose Water Company for water service to the subject
development.
� 18. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources Control
I Board, for construction activity which disturbs soil. BMP plans shall be included in your grading
and street improvement plans.
�
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Governinent Code)
� I hereby certify that the engineering and surveying conditions specified in Section IV. of this
Resolution conform to generally accepted engineering practices.
--�2,..� c.�Q c�c. C�- �
Ralph Qualls, Director of Public Work
City Engineer CA License 22046
PASSED AND ADOPTED this 8`�' day of December 2003, at the Regular Meeting of the Planning
Commission of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Miller, Vice-Chair 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
G.planning/pdreport/res/resltm00 ext