Reso 6282 TM-2004-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6282
OF THE PLANNING COMMISSION OF THE CI'TY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 23,158 NET SQUARE FOOT
PARCEL INTO TWO PARCELS OF APPROXIMATELY 11,000 AND 12,000 SQUARE
� FEET AT 22291 CUPERTINO ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2004-10
Applicant: Cupertino Estates, LLC
Location: 22291 Cupertino 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
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. 6282 TM-2004-10 November 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-2004-10 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-2004-10, as set forth in the Minutes of Planning Commission Meeting of
November 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
The approval is based on exhibits titled: "Cupertino Estates Housing
Development Lot Division & Tree Removal, 22291 Cupertino Road, Cupertino,
CA" consisting of 3 sheets, dated September 29, 2004 and labeled A-0, TM-1 and
A-1, except as may be amended by the conditions contained in this resolution.
2. DEMOLITION
The applicant is required to demolish existing structures in accordance with City
demolition procedures.
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.
4. BELOW MARKET RATE HOUSING
Applicant shall comply with the policies in the City's Below Market Rate
Housing Manual.
5. COVENANT FOR TREE PROTECTION
The applicant shall prepare and record a covenant that runs with the land,
acknowledging the protective status of the specimen size Coast Live Oak, three
Blue Atlas Cedars and one Deodar Cedar under the city's heritage and specimen
Resolution No. 6282 TM-2004-10 November 9, 2004
Page 3
tree ordinance. The covenant shall be reviewed and approved by the City
Attorney.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
7. 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.
8. 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.
9. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
10. TRAFFIC SIGN9
Traffic control signs shall be placed at locations specified by the City.
11. 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.
12. 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.
13. 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.
14. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
Resolution No. 6282 TM-2004-10 November 9, 2004
Page 4
15. 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 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.
16. 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/ Improvement Permit: $ 5% of On and Off-Site Improvement
Costs
b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: $ 769.13
d. Power Cost: **
e. Map Checking Fees: $ 3,250.00
f. Park Fees: $15,750
Bonds:
a. On site Grading Bond:100% of site improvements.
I b. 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.
** Developer is required for one-year power cost for streetlights
17. 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. 6282 TM-2004-10 November 9, 2004
Page 5
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18. 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 �lans
shall be included in your �radin� 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 and off-site.
19. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off site improvements.
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 Wo
City Engineer CA License 22046
I
PASSED AND ADOPTED this 9th day of November 2004, at a Regular Meeting of the
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:
ATTEST: APPROV D:
.�''� .
1 /� .,
Steve Piasecki Ta i Saadati, Chairperson
Director of Community Development Cupertino Planning Commission
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