Reso 4538 I
1
3-TM-94
� CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4538
I OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A
1.08 ACRE PARCEL GROSS INTO FIVE LOTS.
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SECTION I: FINDINGS:
� WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision
I Map as described on Page 1 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
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WHEREAS, the Planning Commission fmds that the application meets 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.
f 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
I environmental damage nor substantially and avoidably injure fish and wildlife or their habitat.
� e) That the design of the subdivision or the type of improvements associated therewith are not detrimental to
the health, safety, peace, morals and general welfare of persons residing or working in the vicinity of the
subdivision.
� � 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.
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NOW, THEREFORE, BE IT RESOLVED:
I That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the
I application for a Tentative Map is hereby recommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof, and
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That the subconclusions upon which the findings and conditions specified in this Resolution are based and
contained in the Public Hearing record concerning Application 3-TM-94 as set forth in the Minutes of Planning
� Commission Meeting of June 27, 1994, and are incorporated by reference as though fully set forth herein.
� SECTION II: PROJECT DESCRIPTION
� Application No.: 3-TM-94
1 Applicant: Emily Chen
� Property Owner: Emily Chen
� Location: 19340 Phil Lane
, Resolution No. 4538 (3-TM-94) June 27, 1994
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
The recommendation of approval is based on the Tentative Map dated Revised June 1994 (1 Sheet) of
Application 3-TM-94, except as may be amended by the Conditions contained in this Resolution.
2. VECTOR CONTROL
'The applicant shall hire a pest control specialist to secure the barn and other outbuildings prior to demolition.
The purpose is to allow no pests to leave the site as a result of demolition of said buildings.
3. TREE PRESERVATION
The applicant is required to retain trees numbered No. 11, 12, 14, 16, 25, 30, 31, 33, 34, 35, 36, 39 & 40 by the
Corporate and Commercial arborist report of March 15, 1994. Tree No. 25 may be transplanted on-site using
methods approved by Corporate & Commercial services. The remaining trees may be removed without further
permits from the City of Cupertino. The retained trees are required to be protected until natural death. A bond
in the amount of $10,000 per tree for a maximum of $50,000 per tree shall be placed, to assure maximum
protection of said trees, during construction. The bond may be released 4 years following issuance of the
occupy permit and after written confirmation by the contracted Internationally Certified Arborist that the trees
� are healthy. The bond shall be forfeited if the trees health are compromised. The applicant shall provide staff a
( copy of the contract between the applicant and an Internationally Certified Arborist. This contract shall specify
the methods contracted to assure compliance with the March 15, 1994, Corporate and Commercial tree report.
The contract may include periodic site visits, review of construction drawings, recommendations on alternative
construction methods for maximum tree preservation. The applicant shall plant 9 new 24" box size trees as
� replacements for those trees removed as recommended by the arborist on page 6 of the March 15, 1994 report.
Placement of these trees shall consider the neighbors concerns for increasing screening between parcel and shall
� be shown on the conditional use permit landscaping plan.
4. STREET NAME
The cul de sac name shall reflect some aspect of this sites historical background to be determined by the
Cupertino Historical Society and approved by the City Traffic Engineer.
5. PARKING
In addition to the four parking spaces (2 covered) per residence, four independent off-street parking shall be
provided for guests. The final map shall show these spaces as common area in the subdivision.
6. PRIVATE DRIVEWAY COVENANT
The applicant shall record an appropriate deed restriction and covenant running with the land for all parcels
which share a common driveway or private roadway with one or more other parcels as depicted on the
Tentative Map of this application Said deed restriction shall provide for necessary reciprocal ingress/egress
easement to and from the affected parcels. Said easements shall be recorded at such time as interest in one or
more of the affect parcels is initially sold or transferred to another party.
7. ROAD MAINTENANCE AGREEMENT
A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or
private roadway or guest parking with one or more other parcels within the tract. Said agreement shall be
recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and
content by the City Attorney.
i Resolution No. 4538 (3-TM-94) June 27, 1994
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SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
8. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer. A minimum of 24' wide of traveled way is required for
private street and to be dedicated as a Public Utility Easement. Other easement requirements to be determined
as requested by other agencies.
9. 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.
10. 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.
11. FIRE HYDRANT
'� Fire hydrants shall be located as required by the City.
12. TRAFFIC SIGNS
'� Traffic control signs shall be placed at locations specified by the City.
� 13. 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 the master tree list and City standard.
14. GRADING
Grading and erosion control shall be as approved and required by the City Engineer in accordance with
Ordinance No. 1143.
15. STORM DRAINAGE
Storm drainage facility shall be provided to protect the adjacent property and be connected to an existing public
storm drainage facility to the satisfaction of the City Engineer.
16. 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. Cost of undergrounding is determined by the utility company.
' Resolution No. 4538 (3-TM-94) June 27, 1994
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17. 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 undergrounding of utilities. Said agreement shall be executed prior to approval of the fmal
map by City Council. The fees and bonds requirements are as follows:
' a. Bond
- 100% of Off-site/On-site Improvement Cost
b. Public Works Plan Check & Inspection Fee:
- 5% of Off-site/On-site Improvement Cost
- $ 1,744.00 Minimum
c. Development Maintenance Deposit: $ 3,000.00
d. Storm Drainage Fee: $ 1,290.0/acre
e. Power Cost: $ 150.00
f. Map Checking Fees: $ 389.00
g. Park Fees: $ 15,750.00/lot
h. Water Main Reimbursement Fee: N/A
- The fee 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
building permit in the event of said change or changes, the fees changed at the time will reflect the then
current fee schedule.
18. 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.
19. PUBLIC UTILITY EASEMENTS
The developer shall dedicate all public utility easements in accordance with the standards as specified by the
City Engineer.
20. 4UITCLAIM DEED
Quitclaim Deed and Authorization to Underground Water Rights shall be executed by the owner and grant to
the City authorization to extract water from underground strata lying beneath said project.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditi s s ec I of this Resolution conform to
generally accepted engineering practices.
B rt Vis ,'" Engine r
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( Resolution No. 4538 (3-TM-94) June 27, 1994
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PASSED AND ADOPTED this 27th day of June, 1994, at a regular meeting of the Planning Commission of the
City of Cupertino, State of California, by the following roll call vote:
' AYES: COMMISSIONERS: Austin, Harris and Chairman Mahoney
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
� ABSENT: COMMISSIONERS: Doyle and Roberts
ATTEST: APPROV D:
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i Robert S. Cowan O n Mahoney, Cha' an
Director of Community Development Cupertino Plannin ommission
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