Reso 6233 TM-2004-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6233
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE ONE .69-
ACRE PARCEL INTO TWO PARCELS FOR AN APPROVED PLANNED
DEVELOPMENT PROJECT; ONE PARCEL IS FOR RESIDENTIAL USE (SIX
CONDOMINIUMS) AND ONE IS FOR RETAIL/COMMERCIAL OFFICE USE.
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2004-01
Applicant: Gregg Bunker
Location: 1375 S. De Anza Blvd.
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
I 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. 6233 TM-2004-01 March 8, 2004
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 TM-2004-01 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 TM-2004-01, as set forth in the Minutes of Planning Commission Meeting of
March 8, 2004, 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 tentative map entitled "Tract No. Lots 1& 2 being a
condominium development consisting 2 sheets" by Lee Engineers, dated January
2004 except as may be amended by the Conditions contained in this Resolution.
2. RECIPROCAL INGRESS/EGRESS EASEMENTS
A grant of easement for cross-access, ingress/egress and parking shall be submitted
prior to final map approval for use of driveways, parking garage between Lot 1 and
Lot 2. The text of the easement shall be approved by staff, after City Attorney
review, and recorded prior to recordation of final map.
� 3. INCIDENTAL PARKING
The applicant shall provide at least 20 additional stalls on the adjacent commercial
property (to help offset the incidental parking stalls being displaced as part of this
project) prior to recordation of the Final Map. The final parking plan shall closely
approximate the conceptual parking plan submitted by the Metro Design Group
dated July 14, 2003.
4. SANITARY DISTRICT
' Prior to obtaining a permit for occupancy, the applicant shall provide written
confirmation from the Cupertino Sanitary District that adequate capacity is available
for the project.
f 5. PEDESTRIAN/LANDSCAPING EASEMENTS
Pedestrian and landscaping easements through out the site shall be prepared by the
developer, approved by the City Attorney and recorded against the subject property
prior to approval of final map.
Resolution No. 6233 TM-2004-01 March 8, 2004
Page 3
6. 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
7. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
8. 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.
9. 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.
10. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
11. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
12. 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.
13. 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.
Resolution No. 6233 TM-2004-01 March 8, 2004
Page 4
14. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
i development calculations must be provided to identify if storm drain facilities need
to be constructed or renovated.
15. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
16. 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
I
affected Utility provider and the City Engineer.
17. 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. PW Checking and Inspection Fee: 5% of On & Off-site Improvements for Residential Units
i 6% of On & Off-site Improvements for Commercial Units
b. Grading Permit Fee: 5% of On & Off-site Improvements for Residential Units
6% of On & Off-Site Improvements for Commercial
Units
�I c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: Paid
e. Power Cost: N/A
f. Map Checking Fees: $ 520.00
g. Park Fees: $ 54,000.00
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.
Resolution No. 6233 TM-2004-01 March 8, 2004
Page 5
18. 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.
19. 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-site.
20. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off site improvements.
21. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior
to obtaining a building permit.
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 Works
City Engineer CA License 22046
PASSED AND ADOPTED this 8th day of March 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Resolution No. 6233 TM-2004-01 March 8, 2004
Page 6
ATTEST:� APPROVE :
��,
� �
, .
Steve Piasec i TagYu adati, Chairperson
Director of Community Development Cupertino Planning Commission
G: � Planning� PDREPORT � RES � TM-2004-Ol.doc