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Reso 6334 TM-2005-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6334 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A 6.93 ACRE PARCEL INTO A 2.11 ACRE LOT AND A 4.82 ACRE LOT LOCATED AT VALLCO SHOPPING CENTER SECTION I: PROTECT DESCRIPTION Application No.: TM-2005-09 Applicant: Mike Rohde, on behalf of Vallco International Shopping Center Location: 10123 N. Wolfe 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 substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therevwith 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. 6334 TM-2005-09 October 1 l, 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-2005-09 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-2005-09, as set forth in the Minutes of Planning Commission Meeting of October 11, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the tentative map entitled "TENTATIVE MAP, VALLCO INTERNATIONAL SHOPPING CENTER HOTEL AREA" by SMP Engineers, dated October 11, 2005, and consisting of one sheet labeled TM-1, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT AGREEMENT Prior to obtaining a final map, the applicant shall execute an amendment to the development agreement that designates Lot 1 as a required hotel site. The amendment shall specify the size and number of hotel rooms for the hotel. Should the development agreement expire prior to the development of the site for said hotel, another instrument guaranteeing hotel development on the site shall be agreed upon by the applicant and the City. 3. TREE PRESERVATION No trees are to be removed on site as part of the tentative map approval. A Tree Removal Permit shall be required prior to the removal of any tree(s) on site. 4. RECIPROCAL INGRESS/EGRESS EASEMENTS The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for a pedestrian ingress and egress easement, and vehicular ingress and egress easement for all parcels which share a common private drive or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said easement shall be recorded prior to issuance of building permits. Resolution No. 6334 TM-2005-09 October 11, 2005 Page 3 5. 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. SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 6. PARCEL BOUNDARY VERIFICATION Prior to final map, the applicant shall provide verification of the boundaries of the parcel underlying the subdivision to the satisfaction of the Public Works Director. 7. STREET WIDENING Street widening, street improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 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. TRAFFIC SIGNS 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. I Resolution No. 6334 TM-2005-09 October 11, 2005 Page 4 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. 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 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. 15. IMPROVEMENT AGREEMENT The project developer shall enter into an improvement 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit Fee: $ 6% of On Site Improvement Costs b. Checking and Inspection Fee: $ 6% of Off-Site Improvement Costs c. Development Maintenance Deposit: $ 3,000.00 d. Storm Drainage Fee: TBD e. Power Cost: ** f. Map Checking Fees: $ 3,250.00 g. Park Fees: N/ A h. Traffic Impact Fees: TBD Bonds: a. 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 Resolution No. 6334 TM-2005-09 October 11, 2005 Page 5 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. 16. 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. 17. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 18. NPDES CONSTRUCTION GENERAL PERMIT The applicant must file for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: http: / www.swrcb.ca�ov/ stormwtr/ construction.html 19. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) RE UIREMENTS Post-Construction Best Management Practices a. Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. (Use for all construction projects) b. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. (Effective 10/ 15/ 03, use for Group 1 projects creating or replacing one acre or more of impervious surface, including roofs and pavement) Resolution No. 6334 TM-2005-09 October 11, 2005 Page 6 c. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. (Effective 10/15/03, use for Group 1 projects creating or replacing one acre or more of impervious surface, including roofs and pavement) 20. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. --------------------------------------------------------------- --------------------------------------------------------------- PASSED AND ADOI'TED this 11� day of October 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: Chen, Giefer, Vice-Chair Miller, Saadati and Chairperson Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST APPROVED: , , J �; ij �� J �_� l ;. _ ,� � � �i Ste e Piasecki Gilbert Wong, Chairperso Director of Community Development Cupertino Planning Co ssion � g/planning/pdreport/res%I'M-2005-09 res.doc i .