Reso 6240 TM-2004-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6240
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 19,400 SQUARE FOOT PARCEL
� INTO TWO PARCELS OF 9,694 SQUARE FEET EACH AT 21811 SAN FERNANDO
� AVENUE
SECTION I: PROTECT DESCRIPTION
�
Application No.: TM-2004-03
Applicant: James Chen
Location: 21811 San_Fernando Avenue
� 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. TM-2004-03 May 10, 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-2004-03 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-2004-03, as set forth in the Minutes of Planning Commission Meeting of
May 10, 2004, 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, 21811 San Fernando
Ave., Cupertino, California" consisting of 2 sheets, except as may be amended by
the conditions contained in this resolution.
2. SIDE SETBACK/BUILDING LINES
On the final parcel map, the applicant shall show a 10-foot side setback/building
� line on each side of the common property line between the proposed lots. The
final map shall be reviewed and approved by the Director of Community
Development for compliance with this condition.
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 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
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.
Resolution No. TM-2004-03 May 10, 2004
Page 3
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.
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 how much runoff will be
directed to our storm drain facilities.
12. 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 Off-Site Improvement Cost or
$2,385.00 minimum
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $1,000.00
' d. Storm Drainage Fee: $ 589.03
Resolution No. TM-2004-03 May 10, 2004
Page 5
PASSED AND ADOPTED this 10th day of May, 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chen, Miller, Wong & Chair Saadati
NOES: COMMISSIONERS: Giefer
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APP VED•
�
Steve Piasecki aghi Saadati, Chair
Director of Community Development Cupertino Planning Commission
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