Loading...
Reso 4578 7-TM-94 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4578 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A.47 ACRE PARCEL INTO TWO LOTS WITH A DESIGNATED REMAINDER LOT. 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 substantial and avoidabe injury to 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 7-TM-94 as set forth in the Minutes of Planning Commission Meeting of December 12, 1994 and are incorporated by reference as though fully set forth herein. Resolution No. 4578 (7-TM-94) December 12, 1994 Page -2- SECTION II: PROJECT DESCRIPTION Application No.: 7-TM-94 Applicant: William F. Klein Property Owner: William and Greta Klein Location: 10187 Stonydale Drive SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the Tentative Map dated Revised November 15, 1994 (1 Sheet) of Application 7-TM-94, except as may be amended by the Conditions contained in this Resolution. 2. TREE PROTECTION The applicant shall secure a bond or similar security in the amount of $10,000 for each tree numbered 1, 3, and 4 as identified in the Corporate and Commercial Services arborist report dated October 5, 1994 for protection. This bond shall be established prior to any construction activity taking place on the parcel. The purpose of this bond is to assure that the tree protection practices will be completed during construction so that the long term health of the trees can be met. The recommendations of Corporate and Commercial Services report shall be completed by the contractor and confirmed by the property owner. Proof of the contract held by the arborist for services as outlined in the report shall be provided to staff. Following the period of two years, after the house is finalled through the building permit process, an Internationally Certified Arborist shall conduct a site visit to observe the referenced trees. Following this site visit a letter shall be issued to staff indicating that the trees were not damaged during construction and show no signs of ill health due to construction activities. If no signs of damage or ill health due to construction activities are identified the bond shall be returned. If the tree is irreversibly damaged the bond shall be held and applied to the installation of the largest replacement tree on the site as recommended by the Internationally Certified Arborist. If the tree can be repaired by an International Certified Arborist the bond or a portion thereof shall be applied to its repair. SECTION IV• CONDITIONS ADMINISTERFD BY THE PUBLIC WORKS DEPARTMENT 3. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. Grading Permit application shall be submitted to Building Department for approval. Resolution No. 4578 (7-TM-94) December 12, 1994 Page -3- 4. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 5. FIRE PROTECTION Fire sprinklers shall be installed in any new construction on Lot 2. The driveway to Lot 2 shall be marked Fire Lane on the final map. 6. 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 issuance of construction permits. a. Checking & Inspection Fee: 5% of Improvement cost $ 1,744.00 minimum b. Development Maintenance Deposit: $1,000.00 c. Storm Drain Fee: $1,290.00/ acre d. Power Cost: N/A e. Map Checking Fees: $381.00 f. Park Fees: $15,750.00/lot 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 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. 7. 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. Resolution No. 4578 (7-TM-94) December 12, 1994 Page -4- CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveyin condit' ns spe � e in Section III of this Resolution conform to generally accepted engin g pr , � � ert Visk v h, i y ngineer ( PASSED AND ADOPTED this 12th day of December, 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, Doyle, Harris, Roberts NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: � ABSENT: COMMISSIONERS: Austin � ATTEST: APPROVED: 'r 1 � � ��� L ; i � ! A �j �, Robert S. Cowan Orrin Mahoney, Ch rman � Director of Community Development Cupertino Planning Commission I � g:/planning/7tm94 1 I 1 1