Reso 4336 16-�Il�90 (Rev. 04/08/91)
1 GTI'Y OF C,[JPER�Il10
10300 Zbrre Avern�e
� Cup�s�tino, Califarnia 95014
t
RFS4I�TrI�T NO. 4336
i
OF THE PLANNING OCi�IISSI�1 OF TF� CITY OF CUPF�I'IlJO
R�CX�S�IIVDI,NG A�P'PRpVAI, OF A VESTING Z'�3�'ATIVE 1�iP
Z�0 SUBDNIDE 32.5 ACRF� IN'I�0 SIX IpIS RANGING IN A�2EA F1�K
0.6 Ac. T� 1.2 Ac. WI'1'fi ONE ADDITIOI�,L IO►I' � BE I�[D IN OCI�Il�T
SDCTIO�i I: FINDIlJG.S
� Wf�S, tl�e Plannir�g Oa�nission of the City of Cupertino reoeived an
application far� a �+entative S�bdivision Map, as ciescribed on Page 2 of
t this Resolutian; ar�d
�FAS, th�e neoessary public natioes have been given as required by the
subdivision ai Prooedural Ordinanoes of the City of C�p�rtino, ar�d the
Planning C;c�mission has held at least one Public Hearirig in regar�d to the
I application; ar�d
�EAS, tthe Planning C7o�Yanission fir�ds that the application meets the
� follvwing re ' :
a) �at the praj�osed subdivision map is oonsistent with the City of
' Cupertino G,enexal Plan ar�d with applicable Zoning require�azts as
stated in Sec.�tian 18-1.701.2 of the City Municipal Code.
b) That th�e site is physically suitable far the type and inten.sity of
clevelapnent �lated ur�der th,e appro�ved subdivision.
c) That the d,esign of the subdivisioa� or the prvf�osed im�ravements are
nat likely are nat likely to cause substantial erivirorm�e.ntal damage
� nor substantially and awidably injure fish at�d wildlife or their
� habitat.
� d) That the desic� of the subdivisio� ar� the type of impravements
� associated therewith are not detr�mental to the health, safety,
peaoe, morals and general woelfare of persons residing or wr�rking in
i the vicinity of the subdivisiaaz.
e) That the d�esign of the subdivision and its as.sociated img�rovements
will not oonflict with ease�ments aoquired by the public at large for
aooes.s thr�i or use of prc�rty within the proposed subdivision.
NCJV�1, �ORE, BE IT RF50LUID:
That upon careful oonsideration of maps, e�ibits, facts, testimony and
other evidenoe suk�mitted in this matter, the application for Tentative
S�abdivisi� Map is hereby reoce�mended for appraval, subject to the
cor�ditions ernm�erated in this Resolution beginning on Page 2 thereof ; and
Resolution No. 4336 (16�IM-90) 04/08/91
1 Page -2-
'
, BE IT F� RE90LVID:
That the suboonclusio�s t�on which th�e fir�d.ings ar�d vor�ditions specified
in this Resolutioaz are ba..sed are oontained in the Public Hearing Record
conoerning Application 16�IiK-90, as set forth in the Minutes of the
Plannir�g �issi� Meetirig of Ap�il 8, 1991, at�d are inoorpo�rated by
refere.noe as thou� fully set forth herein.
SF]GTI�I II: DFSCRIPTI�i
�
, Applicatioaz No(s) : 16-ZM-90
Applicati�: Sob�ato Develc�ment �anies
Prope,rty Owt�er: Sob�'ato Int:erests II
Locati�: East side of North De Anza Blvd., betw�een I-280
and Mariani AverYUe
Paroel Area: 32.5 A�'es
SE�CTI�i III: C70NDITIONS A�TISI�2ID BY Zi� PUBLIC WURKS DEPA�'
1. SI'REEr WIDENING
Street wid�ening, imprn�vements ar�d dedications shall be provided in
avcordanoe with City Starr]ards arid specifications arid as required �
the City F�gineer.
Said i��merit shall inclwde modif ication of the Mariani
AverYUe/DeAnza irrt�ersection. East ap�oach i�r�crv�merits shall be
impleqnented oo�c�rrently with the first phase of project oonstruction.
South apQroach improve�ments shall be implemFxited as clirected by the
City. 'Ib ensure oa�letion of said south approach it�movem�nts, the
c�evelaper shall provid,e a Letter of Credit in the amaunt of $130,000
valid for a period of seven years frcan th�e effective date of the use
permit.
Prior to iss�nc�e of building permits for construction of all or any
portian of the ap�proved develapoment, the develaper shall provide
suitable financial secvrity for widening of the DeAnza Baulevard
b�idge over Route 280. The develc�er shall ooritribute 60� of the total
oost of widening i��rovements if a seQarate pedestrian l�ridge is
vonstruc�ted or 50� of the total widening cost if a new structure is
attached to the existing overpass The maxim�un dev+eloper contribution
shall be one million dollars ($1,000,000) in either case which s�un
shall be secured by an irrevocable letter of credit prior to issuance
of a building permit. Said maxurnnn developex contribution shall be
inGreased quartprly based on the Marshall Swift index for the San
Francisoo Bay Area region until the time that bid doc�nmerits for
oar�struction are circulated.
Resolution No. 4336 (16-�IM-90) 04/08/91
` Paqe -3-
�
F - 2. C�A2B AND C�tTI'I�2
C�rbs ar�d gutt�xs, sidewalks and related �es shall be installed
in aovordar� with grad�es and star�dards as s�eci.f ied by th,e City
F3��gineer.
3. S"I'REE'I' ISQiTING INSI'AIZATION
Street lightirig shall be installed ar�d shall be as app�oved by the
( City E�gineer. Lic�ting fixt�es shall be positioned so as to
preclucle glare ar�d ather forms of visual interferenoe to adjoining
P�'operties.
f 4. FIRE SAF'E'I'Y
Develc�per shall ca�ly with all fire safety requirements specified by
th�e City in c�onsultatioaz with the Central Fire District.
�
5. Sri�2E�I' 232�SS
Street trees shall be planted within the Public Ric�it of Way ar�d shall
� be of a type apprvved by the City in a000rdanoe with Ordinarioe 125.
6. C-�2ADING
Grading shall be as ap�aroved ar�d requ�red by the City IIzgineer in
aooar�]anoe with Ordinanoe 1143. First floor finished floor elevation
stzall nat exc�eed the hi�t tap of curb elevation on the adjoining
DeAnza Boulevard frontage, unless the need for greater elevation is
de�monstrated to the City F�giriePr for purposes of achieving praper
site drainage ar resolving other technical vonstraints.
7. DRAIlJAGE
Drainage shall be prwided to the satisfaction of the City F�gineer.
8. LAVDII�ID iTI'II1'I'IE5
'The develc�ex shall oc�ly with the of the Uriderground
Utilities Ordinanoe No. 331 and ather related Ordinances and
regulatio�.s of the City of C�pertino, and shall coordinate with
affec,�ted utility providers far� installatio� of ur�dergraur�d utility
devioes. The dev�elaper shall submit c'�etailed plans showing utility
pravisions. Said plans shall be subject to prior approval
of the affect.ed Utility pravider and the City F�gineer.
9 . A�Q2F�r
t with
�e p�o�ect develo�r shall e.nter irito an ur�ravement agr�z
tt�e City of C1�ertino providir�g for payment of fees, includirig but not
limi.ted to c�ecking arid inspection fees, storm drain fees, park
dedicati� fees and fees for of utilities. Said
agreemexit shall be executed prior to issuanoe of construction permits.
Resolution No. 4336 (16�IlK-90) 04/08/91
, Page -4-
10. Z�2ArTSF�2S
Electrical transfor.•mers, telephone vaults ar�d similar above gro�und
equipment enclosures shall be screened with fencirx� ar�d landscaping ar
located s�x� tt�at said equipment is not visi.ble fro�n
public street areas.
GZ'I'Y IIIGINF�2' S CE�tTIFICATE OF
AOC�TANCE OF IIIGIlVE�Il�TG/S�AZVE'YING 00IVDITIONS
(Sec.�tion 66474.10 CA Gav't. �)
I hereby certify that the engineering at�d surveying oor�ditions specified
in Sec,-tion III of this Resolution vonform to generally aooept,ed
engit�eerir�q Practioes .
C � ��
'Iravive tiazitten
Deputy Director of Public Works
SDCI'IO�T IV: C�OIVDITIONS ACN�TISTII2ID BY THE OCi�M4UNITY DEVECAPN�IT DEPT.
11. APP�VID ��BI'I'S
The reoanmer�dation of appraval is based on: �entative Map diagram
dated Fe�vaYy, 1991 of Application 16-jII�90; Draft G�C&R's dated
03/28/91 with revi.sed pages dated 04/02/91 ar�d 04/04/91; Draft
Transportation De[nand M�rrt. Agreement dated 03/12/91; Draft Noise
Cbntrol A�greemerYt dated 04/02/91; Draft Assigrm�ent of Trip Credits
Agreement dated 03/01/91; Draft Street and Bridge Improveme.nt
A�greement dated 04/02/91 exoept as may be amex�ded by the oor�ditions
stated in this Resolution.
12. OBLICATION 'I� RDO�RD
The subdivic�er shall be obligated to reoord the agreements and
do�m�ts desc�ribed in Condition 11 above sinaxltanevusly with
rec�ardati� of ti�e f irst f inal map pursuant to the subj ect Vesting
�+entative Map approval. Prior to reoordation of these doc�nnents, the
final version of each item shall be appraved by the City Attorney to
ensure its vonformanoe with the clecisions of the City C:o�uzcil, and
with applicable law.
13. N�DIFICATION OF TLM AC�F2E��V'I'
�e Draft Transportation Demar�d Management Agreeament dated 03/12/91
st�all be modified prior to reoorclati� to prwide for waiver by the
Director of Public Works of the annual monitoring/trip oa.ulting
prooedure desarribed on Page 2, paragraph 2(C) ar�d eLsewhere, upon
his/her deterimination that the project is meeting the trip reduction
objectives of tt�e TC[�I program based �on e�irical observation or
o�ther prima fascia evidenoe.
Resolutio�l No. 4336 (16JIM-90) 04/08/91
, Page -5
`
I�
14. NADIFICATI�T OF C7C&R DOCC�NI'
The Draft OC&R Do�t of 03/28/91 ar�d revisioazs shall be m�dified
priar� to reoordation to reflect the follcywirig changes:
A) Sec.�tions 6.1 (Arc�zit�al Control; 6.3 (Lar�api�g) arid 7.5
(Signs ar�d Advertising) to include referenoe to City ��++;t
appmoval prooesses.
B) Sec.�tioaz 7.1( 3) to include rules far allocation of oc�nnercial f loor
� area
C) Sectio� 7.10(A) to delete referei�oe to "qualitative" noise
staridards and to require scxu�d at the Association's
�-
� D) Section 8.7 (E), fifth paragraph to add language that the
obligation to oa�ly with city parking requirements remains in
effect notwithstar�ding th,e pravisioa�s of the paragraph.
� Said modifications shall be subject to the approval of the Direc.-tor of
Oo�nnini.ty Devel� ar�d the City Attorney to ensure oonformanoe with
tt�e decisio�s of the City Cauicil ar�d applicable law.
� 15. �I'IIVT OF VFSI'ID ELII�3�TI5
� Zhe subject Vesting 7�entative Map secures to the subdivider/vwner the
right to p�ooeed with creation of lats as descxibed in the diagram
refererioed in Oondition 11 above, alor�g with the ric�ts, obligations
ar�d entitlements secured under Use P�eYmit il-U-90 as stated in the
City Clerk's letter of 11/21/90.
PASSID AND ADOPTID this 8th day of April, 1991 at a Regular Meeting of the
Plannir�g �missi� of the City of Cupertino by the follvwing roll call
► vote:
� AYES: OCI�IISSI�S: Mann, Fazekas, Mahoney, Austin, Crir. Mackenzie
� � NOFS: CJCI�P�IISSI0NII2S: None
ABS'I'AIl1: C�CI�Y�IISSI0NII2.S : None
� ABSIIaI': aC[�IISSIOrTII3S: None
` p,2*rEST • APPRpVID:
1 �
Cowan Donald Mackenzie, irn�an
Director of Planning C'upertino Pl Cca�nnission
Pcr'esos/rsol6tm