Reso 6262 TM-2004-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6262
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 1.25-
ACRE PARCEL INTO FIVE PARCELS RANGING FROM 7,200 TO 9,273 SQUARE
', FEET.
SECTION I: PROTECT DESCRIPTION
�
, Application No.: TM-2004-09, EA-2004-12
Applicant: Art Dave
Location: 11081 S. 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 I of this Resolution; and
WI iEREAS, 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
i
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. 6262 TM-2004-09, EA-2004-12 August 9, 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-2004-09 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-2004-09, as set forth in the Minutes of Planning Commission Meeting of
August 9, 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 "Tentative Parcel Map, Lands of
i Dave" by Nelson Engineering, dated August 2004 except as may be amended by the
Conditions contained in this Resolution.
2. PRIVATE ROADWAY & PUBLIC SIDEWALK
A homeowners association shall be established with a CC&R that addresses
maintenance and upkeep of the private road, sidewalk and streetlights. A five-foot
public access/pedestrian easement shall be placed on all five parcels along the
frontages of the private road. The applicant is required to work with staff to design
the pedestrian sidewalk to meander around existing trees to the maximum extent
possible and provide smooth sidewalk transition with adjoining properties. A
r supplemental arborist report with specific tree preservation recommendations must
be submitted to the City for review and approval prior to finalizing the
, sidewalk/curb design along Stelling Road and the new private road. The CC&R
and the public access easement shall be reviewed and approved by the City and
, recorded prior to approval of the Final Map. The private road and the public
sidewalk shall be paved with interlocking pavers or similar semi-pervious material.
' The final paving material shall be reviewed and approved by the Public Works and
Planning Department prior to issuance of building permits.
3. LOTS 3 & 4
The side yard setbacks of lots 3 and 4 shall be adjusted to conform to the Zoning
Ordinance. The side yards immediately adjacent to existing single-family homes
shall be at least 10 feet. Revised plans shall be reviewed and approved by the
Planning Department prior to recordation of the Final Map.
Resolution No. 6262 TM-2004-09, EA-2004-12 August 9, 2004
Page 3
4. CUL-DE-SAC RETURN
The cul-de-sac shall be revised to provide a less abrupt return in front of lot 2. The
revised plans shall be reviewed and approved by the Public Works, Planning and
Fire Departments prior to approval of the Final Map.
5 TREE PRESERVATION
The final replacement trees will be determined by the City Arborist prior to issuance
of grading permit. In addition, Staff will evaluate the final building footprints
� during the design review stage to determine if additional trees located at marginal
locations could be preserved. It should be noted that even though some trees are
indicated on the plans to be preserved (21, 22, 26, 34, 37, 42, 43, 44, 56) but since they
are mostly fruit trees and non-specimen trees, discretion will be given to the future
� property owners for their removal in the future. All of the other trees shown on the
�� plans to be preserved must be recorded on the CC&R as protected trees for future
owners to preserve and maintain. In the event that any protected trees must be
removed due to reasons deemed appropriate by the Community Development
I Director, then comparable diameter replacement tree(s) must be planted at the same
� location or locations visible to the public.
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.
i
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
� DEPARTMENT
! 1. 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 o S. Stelling Road is required
2. 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.
Resolution No. 6262 TM-2004-09, EA-2004-12 August 9, 2004
Page 4
3. 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.
4. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
5. 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.
6. 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.
7. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to identify if storm drain facilities
need to be constructed or renovated.
8. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
� 9. 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. Ordinance No. 331 requires all overhead lines to be
! under�round whether the lines are new or existing. 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.
I
I 10. 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.
Resolution No. 6262 TM-2004-09, EA-2004-12 August 9, 2004
Page 5
Fees:
a. Grading/ Improvement Permit: $ 5% of On and Off-Site Improvement
Costs
b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: $1,617.66
d. Power Cost: **
e. Map Checking Fees: � 575.00 *
f. Park Fees: $ 63,000.00
Bonds:
a. 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.
* Based on a 51ot development
** Developer is required for one-year power cost for streetlights
11. 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.
12. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMI''s), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil.
The applicant must provide an erosion and/ or sediment control plan. Identify all
' Pre-and Post development BMPs that will be installed on and off-site.
� 14. NPDES CONSTRUCTION GENERAL PERMIT
i The applicant must file for a NOI (Notice of Intent) and must prepare a Storm
i Water Pollution Prevention Plan with the State Water Resources Control Board.
The city must obtain documentation that the process has been completed.
For copies of the Construction General Permit, the NOI and additional permit
information consult the state Water Resources Control Board web site at:
http: / www.swrcb.ca.gov / stormwtr/ construction.html
Resolution No. 6262 TM-2004-09, EA-2004-12 August 9, 2004
Page 6
15. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
Post-Construction Best Management Practices
a. Permanent Stormwater Quality BMPs Required
In accordance with chapter 9.18, Stormwater Pollution Prevention and
Watershed Protection, of the City Code, all development and redevelopment
projects shall include permanent BMPs in order to reduce the water quality
impacts of stormwater runoff from the entire site for the life of the project.
(Use for all construction projects)
b. Stormwater Management Plan Required
The applicant shall submit a Stormwater Management Plan for this project.
The permanent storm water quality best management practices (BMPs)
included in this plan shall be selected and designed in accordance with chapter
i 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City
Code.
(Effective 10/15/03, use for Group 1 projects creating or replacing one
acre or more of impervious surface, including roofs and pavement)
c. BMP Agreements
The applicant and the City shall enter into a recorded agreement and covenant
running with the land for perpetual BMP maintenance by the property
owners(s). In addition, the owner(s) and the City shall enter into a recorded
, easement agreement and covenant running with the land allowing City access
� at the site for BMP inspection.
(Effective 10/15/03, use for Group 1 projects creating or replacing one
acre or more of impervious surface, including roofs and pavement)
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.
c,�C,u u Gts
Ralph Qualls, Director of Public Wor
City Engineer CA License 22046
Resolution No. 6262 TM-2004-09, EA-2004-12 August 9, 2004
Page 7
PASSED AND ADOPTED this 9th day of August 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer, Vice-Chair Wong and Chairperson
Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Miller
ABSENT: COMMISSIONERS:
ATTEST: APPROV, D:
I �
.
Steve Piasecki Ta ad i, Chairperson
�`
Director of Community Development C ertino Planning Commission
G: � Planning � PDREPORT � RES � TM-2004-09res.doc
�
I
I
i
I
I
I