Reso 6313 TM-2005-03
CITY OF CUPERTINO
� 10300 Torre Avenue
, Cupertino, California 95014
RESOLUTION NO. 6313
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 1.0 ACRE PARCEL INTO TWO
� LOTS OF ABOUT 20,000 SQUARE FEET EACH IN SIZE IN AN R1-20 ZONING
DISTRICT AT 21925 LINDY LANE
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2005-03
Applicant: Bret Moxley
� Location: 21925 Lindy Lane
SECTION II: FINDINGS
� WHEREAS, the Planning Commission of the City of Cupertino received an application
i 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
i 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.
Resolution No. 6313 TM-2005-03 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-2005-03 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-2005-03, 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, LANDS OF
KNOPP, 21925 LINDY LANE, CUPERTINO, CA" by Nelsen Engineering, dated
May 2005, and consisting of one sheet labeled 1.
2. FUTURE BUILDING AREA
The applicant/ owner shall submit a revised tentative map clearly delineating the
limits of development to closely reflect the illustrations included in the Planning
Commission staff report dated July 26, 2005. In addition, no retaining walls over 4
� feet tall (measured from the natural grade) shall be constructed on the project site.
3. SLOPE EASEMENT
The applicant/ owner shall submit a revised tentative map clearly delineating the
required slope easement to closely reflect the illustrations included in the Planning
Commission staff report dated July 26, 2005. The easement is required to be
recorded on the property ensuring that the existing landforms, trees and vegetation
be preserved, and precluding any future developments or improvements in this
area, except for necessary undergrounding of utility lines that do not adversely
affect the specimen size native oak trees.
4. TREE PRESERVATION
No trees are to be removed as part of the tentative map approval. The tree
protection measures outlined in the City Arborist's report dated June 29, 2005 shall
be conditions of this project. Prior to the issuance of grading and building permits,
the City Arborist shall confirm the implementation of the tree protection measures.
Prior to the final occupancy, the City Arborist shall confirm that the protected trees
have been preserved and survived the construction activities. 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.
Resolution No. 6313 TM-2005-03 July 26, 2005
' Page 3
�
� Prior to final map approval, a covenant shall be recorded on the property, notifying
future property owners of the kinds and numbers of specimen trees protected by
City Ordinance and the requirement for a tree removal permit for these trees. The
covenant shall be reviewed and approved by the City Attorney.
' 5. DRIVEWAY MAINTENANCE AGREEMENT
� Prior to final map approval, a driveway maintenance agreement shall be recorded for
� existing driveway benefiting Lot #1.
' 6. DRIVEWAY ACCESS FOR LOT #2
Vehicular access for Lot #2 shall be taken off the ingress/egress easement to the west
side of Lot #2 in order to limit grading impacts.
7. CONSTRUCTION MANAGEMENT PLAN
' A comprehensive construction operation plan must be submitted to the City for
review and approval prior to issuance of grading and building permits addressing
the following:
• Staging area
• Tree protection
• Construction hours and limits
• Construction vehicle and truck routes
� • Dust and erosion control
• Garbage and debris container location and pick up schedule
• Signage advising contractors of the restrictions
In addition to the construction management plan described above, the following
additional construction activity limitations apply:
• No grading is allowed during the rainy season - October through April.
• On Saturdays, grading, street construction, demolition, underground utility
work and other construction work that directly involves motorized vehicular
equipment are prohibited.
• On Sundays, construction is prohibited.
8. DEVELOPMENT STANDARDS
The project and future developments shall adhere to the RHS Ordinance or the R1
Ordinance whichever specific regulation in each ordinance is more restrictive.
9. 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
' Resolution No. 6313 TM-2005-03 July 26, 2005
� Page 4
� 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.
I 10. ADDITIONAL GEOTECHNICAL INVESTIGATIONS
' Prior to the approval of grading or building permits, a detailed geotechnical,
design-level investigation shall be performed in accordance with the
' recommendations outlined in a letter from Cotton Shires & Associates to Colin
Jung, Cupertino City Planner dated June 29, 2005.
11. CALCULATION OF NET LOT SIZE OF LOT #2
, For the purposes of subdivision, floor area ratio and building coverage, the area of
the ingress/egress easement shall not be subtracted from the lot area to calculate net
' lot size.
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
12. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
�
13. 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.
14. 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.
15. FIRE HYDRANT
Fire hydrants shall be located as required by the City Engineer.
16. TRAFFIC SIGNS
�
Traffic control signs shall be placed at locations specified by the City, as required.
17. 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.
Resolution No. 6313 TM-2005-03 July 26, 2005
Page 5
18. 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.
19. 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 shall be 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.
20. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City, as required.
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
$2,130.00 minimum
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $1,293.87
e. Power Cost: N/ A
f. Map Checking Fees: $ 2,000.00
g. Park Fees: $15,750.00
Bonds:
Resolution No. 6313 TM-2005-03 July 26, 2005
Page 6 _
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.
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. Erosion and or
sediment control plan shall be provided.
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:
ABSENT: COMMISSIONERS: Chen
ATTES . APPROVED:
s
i ~ • �/�./��
- 7
Steve Piaseck Gilbert Wong, Chairperson
Director of Community Development Cupertino Planning Commission
g/planning/pdreport/res/TM-2005-03 res.doc