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Reso 4580 9-TM-94 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4580 OF THE PLANNING COMMISSION OF 'TI� CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A.96 ACRE PARCEL INTO THREE LOTS 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 9-T'M-94 as set forth in the Minutes of Planning Commission Meeting of January 9, 1995 and are incorporated by reference as though fully set forth herein. � SECTION II: PROJECT DESCRIPTION Application No.: 9-TM-94 Applicant: Emily Chen Property Owner: Henry Lozano Location: 20800 McClellan Road Resolution No. 4580 (9-TM-94) January 9, 1995 Page -2- SECTION III• CONDITIONS ADMII�IISTERED BY THE COMMUNITY DEVELOPMENT DEPT 1. APPROVED EXHIBITS The recommendation of approval is based on the Tentative Map dated Revised 12/21/94 (1 Sheet) of Application 9-TM-94, and 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. per tree for the 14" oak on the east property line on Lot 2 and the multi-trunk ornamental, 22" ornamental and 14" fir on Lot No. 1. 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 construction protection methods as outlined in the cities tree ordinance shall be completed by the contractor and confirmed by the property owner. Following the period of five years or until a final building permit is issued, whichever comes first, 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. 3. PARKING No on-street parking is allowed until the western-half of the cul-de-sac is improved. Two additional off-street parking spaces shall be provided per lot unless each building fire is sprinkled during construction and approved if this change is approved by Central Fire District, Public Works and other effected agencies. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 4. STREET WIDENING No private street is approved. A public street is required. Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer per City Ordinance 14.04.040. 5. 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 per City Ordinance 14.04.040.. Resolution No. 4580 (9-TM-94) January 9, 1995 Page -3- 6. 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. 7. FIRE HYDRANT Fire hydrants shall be located as required by the City. 8. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 9. 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 Ordinance No. 125. 10. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 11. 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. 12. LJNDERGROLTND 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. 13. 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. Resolution No. 4580 (9-TM-94) January 9, 1995 Page -4- a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $1,000.00 c. Storm Drainage Fee: $1,244.00 d. Power Cost: $36.00 per street light e. Map Checking Fees: $381.00 f. Park Fees: $15,750.00 per unit -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. 13. 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. 14. DEDICATION OF WATERLINE The developer shall dedicate to the a City waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water Company for water service to the subject development. 15. ING�SS/EGRFSS EASEMENTS The applicant shall record an appropriate deed restriction and covenant running with the land subject to approval of the City Attorney, for all parcels which share a common private drive or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another P�`tY• 16. RFIMBURSEMENT AGREEMENT The developer shall enter into a reimbursement agreement with the City in order to receive reimbursement for the portion of street improvement costs per City Ordinance 14.04.175. CIT'Y ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and survey' g cond' ions specified 'n Section III of this Resolution conform to generally accepted engineeri ractic . Be Visk ich, ty Engineer Resolution No. 4580 (9-TM-94) January 9, 1995 Page -5- PASSED AND ADOPTED this 9th day of January, 1995 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, Doyle, Harris, Roberts, Chairman Mahoney NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: r :'� �f' ,S f l // '� / � S ;� �/�✓ Robert S. Cowan Ort�ni Mahoney, Chai an Director of Community Development Cupertino Planning Commission g:/planning/rso9tmap