Reso 4556 S-TM-94
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4556
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A SINGLE PARCEL INTO 120 AIR RIGHT
CONDOMINIUM UNITS
SECTION I: FINDINGS:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative
Subdivision 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 finds 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.
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 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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the 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
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application S-TM-94 as set forth in the Minutes
of Planning Commission Meeting of July 11, 1994 and September 12, 1994, and are incorporated by
reference as though fully set forth herein.
SECTION II• PROJECT DESCRIPTION
Application No.: S-TM-94
Applicant: Cupertino City Center Associates D
Property Owner: Cupertino City Center Associates D
Location: Southeast quadrant of Stevens Creek and De Anza Boulevards, specifically
APN: 369-01-026
Resolution No. 4556 (S-TM-94) September 12, 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 June 1, 1994 (2 Sheets) of
Application S-TM-94, except as may be amended by the Conditions contained in this Resolution.
2. HOMEOWNERS ASSOCIATION DOCUMENTS
The Homeowners Association documents, and enabling declaration shall be approved by the
Department of Planning and Development and by the City Attorney prior to recordation. These
documents shall provide for shared parking, access and maintenance.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
3. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
4. TRAFFIC SIGNS
One stop signs shall be placed at the southerly most drivewat to Torre Avenue.
5. DRAINAGE
' Storm drainage shall be provided to the satisfaction of the City Engineer.
, 6. GRADING
' Grading shall be approved and required by the City Engineer in accordance with Chapter 16.08 of
the Cupertino Municipal Code.
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� 7. FIRE PROTECTION
Fire sprinklers shall be installed to the satisfaction of the Central Fire District and the City Building
, Official.
� 8. 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
i of the affected Utility provider and the City Engineer.
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9. 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 undergrounding of utilities. Said agreement shall be executed prior to
i approval of the final map by City Council.
The fees and bonding requirements are as follows:
- Faithful performance bond: 100% of improvement cost
- Labor and materials bond: 100% of improvement cost
- Checking and inspection fee: 5% of improvement cost ($1,744.00 minimum)
- Development maintenance deposit: $3,000.00
- Storm drain fee: $9,946
Resolution No. 4556 (S-TM-94) September 12, 1994
Page -3-
- Power cost: $36.00 per light
- Map checking fee: $1,309
- Park fees: (for 120 units) $503,032.00 (also see park dedication fee condition)
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 the final
map or issuance of building permits. In the event of said changes, the fees charged at the time will
reflect the current fee schedule.
10. 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.
11. PARK DEDICATION FEE
The park dedication fees shall not be charged against any deed restricted below market rate units as
approved to meet the affordable housing requirements.
12. FIRE ACCESS LANES
Emergency fire access lanes shall be recorded as fire land easements on the final map and shall meet
Central Fire District standards.
13. DEDICATION OF WATER LINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards
and shall reach an agreement with San Jose Water Works for water service to the subject
development.
14. PUBLIC UTILITY EASEMENTS
The developer shall dedicate all public utility easements in accordance with the standards as
specified by the City Engineer.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying co ions s e'fied i Section III of this Resolution
conform to generally accepted engineering practice
rt Viskov h, iTy Engineer
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Resolution No. 4556 (S-TM-94) September 12, 1994
Page -4-
PASSED AND ADOPTED this 12th day of September, 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: Mahoney, Austin, Doyle, Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Roberts
ATTEST: APPROVED:
`7 i / 7
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Robert S. Cowan Orrin Mahoney, Cha' an
Director of CommuniTy Development Cupertino Planning Commission
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