Reso 6311 TM-2005-02
CITY OF CUPERTINO
� 10300 Torre Avenue
, Cupertino, California 95014
RESOLUTION NO. 6311
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
' RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 0.84 NET
I ACRE PARCEL FOR CONDOMINIUM PURPOSES FOR A MIXED USE PROJECT
� CONSISTING OF 2,395 SQUARE FEET OF RETAIL SPACE AND 23 RESIDENTIAL
UNITS AT 20128 STEVENS CREEK BOULEVARD.
SECTION I: PROTECT DESCRIPTION
� Application No.: TM-2005-02
� Applicant: Pinn Brothers Construction
Location: 20128 Stevens Creek Blvd.
� SECTION II: FINDINGS
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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:
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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.
t� 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. 6311 TM-2005-02 July 26, 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-2005-02 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-2005-02, as set forth in the Minutes of Planning Commission Meeting of
July 26, 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 Map for Condominium
Purposes: Adobe Terrace, City of Cupertino, Santa Clara County, California" by
Ruggeri, Jensen, Azar & Associates, dated June 2005, and consisting of two sheets
labeled 1 and 2.
2. 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.
3. PEDESTRIAN INGRESS/EGRESS EASEMENT
Prior to final map approval, the applicant shall record an appropriate deed
restriction and covenant running with the land, subject to approval of the City
Attorney and providing for the benefit of the abutting residential property to the
rear of the subject parcel, an easement for pedestrian ingress and egress from the
benefiting parcel to Stevens Creek Boulevard.
� 4. CUPERTINO SANITARY DISTRICT APPROVAL
The project may significantly affect surrounding sanitary sewer facilities. The
applicant shall participate in a flow study if necessary to determine the impact of the
proposed project on the existing sanitary sewer system and make off-site
improvements if necessary.
Resolution No. 6311 TM-2005-02 July 26, 2005
Page 3
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5. BELOW MARKET RATE UNITS
� The applicant shall comply with the requirements of the Housing Mitigation
Manual.
6. CONDOMINIUM PLAN
Prior to the issuance of building permits, the applicant will provide a final
� condominium plan showing the three-dimensional division of parcels, which will be
' checked by staff for conformance with the approved floor plans in the use permit
(U-2004-01).
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SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
� 7. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
' with City Standards and specifications and as required by the City Engineer.
I 8. 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.
� 9. 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.
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.
Resolution No. 6311 TM-2005-02 July 26, 2005
Page 4
' 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
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Ordinance No. 331 rec�uires 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.
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. Applicable develo_pment fees shall be commensuratelX
adjusted to reflect the actual scope of the project in accordance with city
' ordinances.
! Fees:
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a. PW Checking and Inspection Fee: 6% of On & Off-site Improvements for
�
Commercial Units
5% of On & Off-site Improvements for
Residential Units
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b. Grading Permit Fee: 6% of On & Off-Site Improvements for
, Commercial Units
5% of On & Off-site Improvements for
Residential Units
, c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $ 3,462.00
e. Map Checking Fees: N/ A
� f. Park Fees: $ 243,000.00
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
Resolution No. 6311 TM-2005-02 July 26, 2005
Page 5
event of said change or changes, the fees changed at that time will reflect the then
current fee schedule.
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.
�
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. * Identify all Pre-
and Post development BMPs that will be installed on-site.
*Include erosion control plans with next submittal, which shall include a 50'
rocked construction entrance and straw rolls.
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17. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
�
completion of on and off site improvements.
18. TRASH ENCLOSURES
� The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior
' to obtaining a building permit.
19. TRAFFIC
The Traffic Department must approve all improvement plans prior to issuance of a
building permit.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDITIONS
(Section 66474.18 of the 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
__ (..,Q C�C. C.c.
Ralph Qualls, Director of Public s
City Engineer CA License 22046
Resolution No. 6311 TM-2005-02 July 26, 2005
Page 6
� PASSED AND ADOPTED this 26� day of July 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Giefer, Vice-Chair Miller, Saadati, Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
I ABSENT: COMMISSIONERS: Chen
ATTEST: APPROVED:
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; Steve Piasecki Gilbert Wong, Chairperson
Director of Community Development Cupertino Planning Commission
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