Reso 6265 � TM-2004-07
� CITY OF CUPERTINO
� 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6265
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 19,871 SQUARE FOOT PARCEL
INTO TWO PARCELS OF 8,700 SQUARE FEET AND 11,171 SQUARE FEET AT 21851
LOMITA AVENUE
SECTION I: PROIECT DESCRIPTION
I
Application No.: TM-2004-07
Applicant: Qi Gary Li
i Location: 21851 Lomita 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
i
WHEREAS, the necessary public notices have been given as required by the
Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning
Cominission 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
I 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 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. 6265 TM-2004-07 August 23, 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-2004-07 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-2004-07, as set forth in the Minutes of Planning Commission Meeting of
August 9, 2004 and August 23, 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, Lands of Li, 21851
Lomita Ave., Cupertino, California" consisting of 1 sheet, dated May 2004 and
� depicting a flag lot design, except as may be amended by the conditions
contained in this resolution.
2. GARAGE REQUIREMENT
The applicant/ property owner is required to construct a minimum of a two car
garage for the existing house as part of the building permit approval.
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. 6265 TM-2004-07 August 23, 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. 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.
10. 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 the
City Engineer deems storm drain facilities necessary. Development in all other
zoning districts shallbe 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.
11. 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
� underground whether the lines are new or existin� 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.
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.
Resolution No. 6265 TM-2004-07 August 23, 2004
Page 4
Fees:
a. Checking & Inspection Fees: $ 5% of Off-Site Improvement Costs
($2,268.00 minimum)
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $ 593.40
e. Power Cost: (N/ A-21870 Lomita - Bonded)
f. Map Checking Fees: $ 520.00
g. Park Fees: $15,750 (credit for one existing home)
h. Street Tree By Developer
Bonds:
a. Faithful Performance Bond:100% of Off-site and On-site Improvements
b. Labor & Material Bond:100% of Off-site and On-site Improvements
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.
13. 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.
14. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed
to City Standards and shall reach an agreement with San Jose Water for water
service to the subject development.
� 15. 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.
� Resolution No. 6265 TM-2004-07 August 23, 2004
I Page 5 �--_-- _--�---__= _ _ _ _-- _ —
� 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�"
Ralph Qualls, Director of Public o ks
City Engineer CA License 22046
(
PASSED AND ADOPTED this 23rd 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, Miller, Vice-Chair Wong and Chairperson
Saadati
NOES: COMMISSIONERS: Giefer
� ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
►
ATTEST: APPROV .
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� v :
Steve iasecki Tag ' aadati, Chairperson
� Director of Community Development Cu ertino Planning Commission
�
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