Reso 6284 Revised
TM-2004-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6284
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATE .951 ACRE
PARCEL INTO FOUR PARCELS RANGING FROM 7,000 TO 8,500 SQUARE FEET.
PLUS A REMAINDER LOT OF 11,500 SQUARE FEET.
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2004-05
Applicant: Wayne Aozasa
Location: Greenleaf Drive (APN: 326-33-10�
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.
fl 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. 6284 TM-2004-OS January 25, 2005
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-2004-05 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-2004-05, as set forth in the Minutes of Planning Commission Meeting of
January 25, 2005, 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, Greenleaf
Drive, Cupertino, CA" by SMP, dated November 29, 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
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 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. WROUGHT IRON FENCE/LANDSCAPING
Project requires that the CA Water Service to open up the first 25 feet of lot 5(where
the water pump station is located) and provide landscaping features in this area that
will be consistent with the surrounding properties, requiring minimum amount of
maintenance and water usage. A decorative wrought iron fence shall enclose the
rest of the lot 5. A minimum of 2 feet of landscaping setback shall be provided
around the perimeter of the wrought iron fence along the private road. In addition,
the CA Water Service is required to clean up their existing pump station site on lot 5
as part of this approval. A revised landscaping plan clearly showing the location of
Resolution No. 6284 TM-2004-OS January 25, 2005
Page 3
the wrought iron fencing and perimeter landscaping shall reviewed and approved
through the Architectural and Site approval process. The landscaping in front of the
wrought iron fencing shall adequately screen the site from public view.
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. Tree number 13 (coast live oak) shall be transplanted
to another location on the project site per the City Arborist's recommendation. It
should be noted that even though some trees are indicated on the plans to be
preserved (7, 56-58, 71), they are non-specimens trees and the future property
owners will have the discretion to remove them. 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
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 �vithin this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
7. R1 DEVELOPMENT STANDARDS
The new homes on located on lots 1- 3 shall adhere to the R1 Ordinance since they
are surrounded by R1 zoning districts.
8. RETAINED PARCEL MAINTANANCE
The applicant shall record a covenant and deed restriction running with the land
obligating the existing and future property owners to maintain the retained water
company parcel and fencing from free of debris and graffiti. Additionally,
landscape materials and existing retained trees shall be professionally maintained in
a healthy condition. The property owner(s) shall retain a property maintenance
service at least on a monthly basis to ensure compliance with this covenant. Said
covenant and deed restriction shall name the City and the adjacent three homes as
third party beneficiaries and shall include some surety or other guarantees subject to
the review and approval of the City Attorney.
Resolution No. 6284 TM-2004-OS January 25, 2005
Page 4
9. ACCESS DRIVE
The entrance of the private access drive shall be modified (i.e., shifted 5 feet to the
east (towards lot 1) and/or be narrowed to no less than 20 feet in width). The
revised street design shall be reviewed and approved by all appropriate City
Departments (Planning, Public Works and Fire) prior to recordation of the final
map.
10. UTILITY EASEMENTS
Written approval from the agencies with easements on the property (including
� PG&E, PacBell and California Water Company, and/or equivalent agencies) will be
required as a condition of approval prior to issuance of building permits.
11. CA WATER SERVICE
A letter of clearance for the proposed project shall be obtained from the Ca Water
Service prior to recordation of final map to ensure that the proposed homes and
roadway will not negatively impact the existing water equipment and underground
wells.
12. SANITARY DISTRICT
Prior to recordation of the final map, the applicant shall provide written
confirmation from the Cupertino Sanitary District that adequate capacity is available
for the project and that any of the new sanitary system will not negative impact the
existing water equipment and underground wells on the retained water service
parcel.
13. PG&E
Prior to recordation of the final map, the applicant shall provide written
confirmation from the PG&E that any of the new underground utility equipment
will not negative impact the existing water equipment and underground wells on
the retained water service parcel.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1.
14. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer. The
developer must obtain written documentation {rom the Fire Department on the �inal desi�rc
� the nezv road section.
15. 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. 6284 TM-2004-OS January 25, 2005
Page 5
16. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
17. TRAFFIC SIGNS, DETAILS AND LEGENDS
Traffic control signs, details and legends shall be placed at locations specified by
the City. All improvement plans shall include all necessary signage, details and
legends along with traffic control plans.
18. 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.
19. 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.
20. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to indicate zvhether additional storm zvater
control measures are to be installed.
21. 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. 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.
22. 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
$2,130 minimum
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $1,217.61
e. Power Cost: **
Resolution No. 6284 TM-2004-OS January 25, 2005
Page 6
f. Map Checking Fees: $ 6,750.00
g. Park Fees: $ 47,250.00
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site
Improvements
b. Labor & Material Bond:100% of Off-site and On-site Improvement
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.
** Developer is required to pay for one-year power cost for streetlights
23. 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.
24. 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.
25. 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.
26. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered
Civil Engineer. This plan should include all erosion control measures used to
retain materials on-site. Erosion Control notes shall be stated on the plans.
Resolution No. 6284 TM-2004-OS January 25, 2005
Page 7
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�c. c� C.�s
Ralph Qualls, Director of Public Wor s
City Engineer CA License 22046
PASSED AND ADOPTED this 25th day of January 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Giefer, Vice-Chair Miller, Saadati and Chairperson
Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Chen
ABSENT: COMMISSIONERS:
ATTE : � APPROVED:
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"` Piasecki Gilbert Wong, Chairperson
Director of Community Development Cupertino Planning Commission