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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. I 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 � 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. i 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 I 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 Page -2- ---------------------------------------------------------------------------------- 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 Page -3- ---------------------------------------------------------------------------------- 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 Page -4- ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- 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 i ( Resolution No. 4538 (3-TM-94) June 27, 1994 Page -5- __________________________________________________________________________________ 1 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: /, � / �� � i Robert S. Cowan O n Mahoney, Cha' an Director of Community Development Cupertino Plannin ommission c:/mm/winword/peresos/3tm94 � I � I i i I I I I I I