Reso 6276 TM-2004-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6276
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 1.31-ACRE PARCEL INTO TWO
PARCELS OF .49 AND .72 ACRES RESPECTIVELY
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2004-06
Applicant: Morey Nelson
Location: 22570 San Juan 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
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 injure fish and wildlife or their
habitat.
e) That the designs of the subdivision or the type of improvements associated there
with 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. 6276 TM-2004-06 October 26, 2004
Page 2
i NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application TM-2004-06 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-2004-06, as set forth in the Minutes of Planning Commission Meeting of
October 26, 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 Nguyen,
22570 San Juan Road, Cupertino, California" consisting of 1 sheet and dated
February 2004, except as may be amended by the conditions contained in this
resolution.
� 2. TREE REMOVAL
Two trees are approved for removal as indicated on the plan. Per the City
Consulting Arborist, tree number five shall be replaced with either one 36 inch
boxed or two 15 gallon tree(s). The replacement trees shall be planted prior to
` recordation of final map. All specimen trees on the property shall be preserved
as part of the map approval. Other minor trees (non-specimen and fruit trees)
� may be removed at the discretion of the property owner in the future.
� 3. SECONDARY DWELLING UNIT
Prior to the recordation of the Final Map, the applicant shall provide plans of the
' existing secondary dwelling unit, indicating that it conforms to the City's
Accessory Structure Ordinance in terms of size, setback and maximum height. If
' it does not, then the applicant shall make the necessary alternations to the unit so
� that it conforms to City Ordinance.
4. 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
Resolution No. 6276 TM-2004-06 October 26, 2004
Page 3
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
5. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
6. 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.
7. 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.
8. FIRE HYDRANT
Fire hydrants shall be located as required by the City, under the direction of San
Jose Water and the Fire Department.
9. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
10. 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.
11. 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.
12. 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.
13. 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
Resolution No. 6276 TM-2004-06 October 26, 2004
Page 4
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 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.
14. 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. Grading Permit: $ 5% of Site Improvement Cost
b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: $1,647.92
d. Power Cost: *
e. Map Checking Fees: $ 3,250.00
f. Park Fees: $15,750
g. Reimbursement Fees: **
Bonds:
a. 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.
* Developer is required to reimburse the City for frontage work performed in
conjunction with the Stevens Canyon Road Street Widening Project. Cost of
work to be determined.
** Developer is required to pay for one-year power cost for streetlights
15. 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.
� Resolution No. 6276 TM-2004-06 October 26, 2004
Page 5
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16. 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 BMP's that will be installed on-site. .
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17. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable for all
' grading/ erosion control work in conjunction with this project.
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.
I
C�C GC �s
Ralph Qualls, Director of Public orks
� City Engineer CA License 22046
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PASSED AND ADOI'TED this 26th day of October 2004, at a Regular Meeting of the
f Planning Commission of the City of Cupertino by the following roll call vote:
� AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and
' Chairperson Saadati
NOES: COMMISSIONERS:
� ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
I
ATTES . APPROVED:
. � ,,- � ;�,
;-
�d <
Steve Piasecki Ta i aadati, Chairperson
Director of Community Development Cupertino Planning Commission