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Reso 6341 TM-2005-12 CITY OF CUPERTINO 10300 Torre Avenue � Cupertino, California 95014 RESOLUTION NO. 6341 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO � APPROVING A TENTATIVE MAP TO SUBDIVIDE A 22,566 NET SQUARE FOOT PARCEL INTO TWO PARCELS OF APPROXIMATELY 7,486 AND 8,744 SQUARE FEET AT 10758 S. STELLING ROAD � SECTION I: PROTECT DESCRIPTION Application No.: TM-2005-12 Applicant: Dipesh Gupta, dba Shashi, LLC Owner: Leroy and Beatrice May Location: 10758 S. Stelling 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. � � NOW, THEREFORE, BE IT RESOLVED: � That after careful consideration of maps, facts, exhibits, testimony and other evidence ' submitted in this matter, the application TM-2005-12 for a Tentative Map is hereby � approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, and Resolution No. 6341 TM-2005-12 November 22, 2005 Page 2 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-2005-12, as set forth in the Minutes of Planning Commission Meeting of November 22, 2005, 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: "Shashi, LLC, Two lot subdivision, 10758 S. Stelling Road, Cupertino, CA" consisting of 2 sheets, dated October 19, 2005, labeled C2 and C4 dated November 08, 2005, 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. COVENANT FOR TREE PROTECTION The applicant shall prepare and record a covenant that runs with the land, prior to final map approval, acknowledging the protective status of the redwood and the three Siberian Elms, notifying future property owners of the kinds and numbers of 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. All protected trees on site shall be fenced off during construction, watered on a regular basis and no trenching shall be done within 6' of the tree trunks. In the event that any trees need to be relocated or removed due to required I improvements, a tree removal application may be made to the Director of Community Development. � 5. TREE PROTECTION BOND � The applicant, prior to approval of the final map, shall provide a tree protection bond in the amount of $10,000 to ensure protection of existing trees on the site. � G: IPlanninglPDREPORTIRES120051TM-2005-12 res.doc Resolution No. 6341 TM-2005-12 November 22, 2005 Page 3 ---------------------------------------------------------------- � The bond shall be returned after recordation of the final map, subject to a letter � from the City arborist indicating that the trees are in good condition. 6. BELOW MARKET RATE HOUSING Applicant shall comply with the policies in the City's Below Market Rate Housing Manual. ' 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. � 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 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. � 10. FIRE HYDRANT Fire hydrants shall be located as required by the City and Fire, if needed. ' 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. i 12. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. � Pre- and post development calculations shall be submitted to the City. Runoff shall be minimized to the maximum extent practicable. 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. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of i 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 � G: IPlanninglPDREPORTIRES120051TM-2005-12 res.doc ' Resolution No. 6341 TM-2005-12 November 22, 2005 Page 4 , _=--------= ------------------------------------------------ , 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: $ 6% of On-Site Improvement ' Cost or $2,000.00 minimum c. Development Maintenance Deposit: $1,000.00 � d. Storm Drainage Fee: TBD e. Power Cost: N/ A f. Map Checking Fees: $ 3,250.00 g. Park Fees: $15,750.00 � h. Street Tree By Developer � Bonds: a. Faithful Performance Bond:100% of Off & On-site Improvements b. Labor & Material Bond:100% of Off & On-site Improvements c. On-site Grading Bond: 100% of site improvements. d. -The fees described above are imposed based upon the current fee i 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. 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. 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. 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. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. i � � G: IPlanninglPDREPOR71RES120051TM-2005-12 res.doc Resolution No. 6341 TM-2005-12 November 22, 2005 � Page 5 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..0 u. C�S Ralph Qualls, Director of Public s City Engineer CA License 22046 PASSED AND ADOPTED this 22nd day of November 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairman Wong, Vice-Chari Miller, Saadati, Chen Giefer NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: � / , � v ,�����., v � Ciddy Wordell Gilbert Wong, Chairper n City Planner Cupertino Planning Commission � �� � � � G: IPlanninglPDREPORTIRES120051TM-2005-12 res.cloc