Reso 4586 8-TM-94
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4586
OF TI� PLANNING COMMISSION OF TF� CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A SINGLE PARCEL INTO 204 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 B-TM-94 as set forth in the Minutes
of Planning Commission Meeting of January 9, 1995 and January 23, 1995, and are incorporated by
reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 8-TM-94
Applicant: Forge/Homestead
Property Owner: Charles O. Forge/Eileen Hutching Co. - Trustee
Location: 20691 Homestead Road, located on the north side of Homestead Road
approximately 650 feet west of Sunnyvale/Saratoga Road
Resolution No. 4586 (8-TM-94) January 23, 1995
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the Tentative Map dated August, 1994 of Application
8-TM-94, except as may be amended by the Conditions contained in this Resolution. The precise
site layout shall reflect the site plan (ayout as approved in application 9-U-94. The total number of
dwelling units shall not exceed 204.
2. SOIL CONTAMINATION
A soil study shall be performed to investigate the presence of fuel or pesticide containers. Mitigation
measures shall be implemented if soil contamination is confirmed. The study and mitigation
measures, if necessary, shall be submitted prior to issuance of building permits or to recordation of
the final map, whichever comes first.
� 3. 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.
4. CANCELLATION OF WILLIAMSON ACT CONTRACT
The approval of this tentative map is subject to the cancellation or expiration of the Williamson Act
� contract filed on the subject property.
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� SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
5. TRAFFIC SIGNAL MODIFICATION
� Traffic signal modification will be required at the intersection of Homestead road and Franco Court
to the satisfaction of the City engineer.
6. STREET WIDENING
'' Street widening, improvements and dedications shall be provided in accordance with City Standards
� and specifications as required by the City Engineer.
' The proposed driveway on the westerly side of the site shall match the existing street alignment of
� Franco Court.
� 7. STREET LIGHTING INSTALLATION
Street lighting shall be installed and 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.
8. IMPROVEMENT AGREEMENT
The project developer shall enter into a 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 in accordance with all applicable regulations
contained in the Cupertino Municipal Code. Said agreement shall be executed prior to approval of
the final subdivision map by City Council.
The fees and bonding requirements are as follows:
- Checking and inspection fee: 5% of improvement cost ($1,744.00 minimum)
Resolution No. 4586 (8-TM-94) January 23, 1995
Page -3-
- Development maintenance deposit: $3,000.00
- Storm drain fee: $25,800.72
- Power cost: $36.00 per light
- Map checking fee: $2,269.00
- Park fees: $4,239 per unit ($2,119.50 per unit if the 50% park fee
credit is approved by the Cupertino City Council.
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.
9. FIRE HYDRANT
Eight fire hydrants shall be located throughout the site as required by the City.
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10. TRAFFIC SIGNS
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One stop signs shall be placed at the easterly driveway to Homestead Road.
11. DRAINAGE
Storm drainage shall be provided to the satisfaction of the City Engineer.
12. 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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13. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance contained
' in Chapter 14.24 of the Cupertino Municipal Code 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.
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14. 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.
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15. 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.
16. 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.
17. 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 California Water Company for water service to the subject
development.
Resolution No. 4586 (8-TM-94) January 23, 1995
Page -4-
18. PIJBLIC UTILITY EASEMENTS
The developer shall dedicate all public utility easements in accordance with the standards as
specified by the City Engineer.
19. 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.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
� I hereby certify that the engineering and surveying con ' io ecif in S tion IV of this Resolution
� conform to generally accepted engineering practices
( e Viskovi , ity Engineer
PASSED AND ADOPTED this 23rd 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:
I AYES: COMMISSIONERS: Austin, Harris, Mahoney, Roberts and Chairman Doyle
NOES: COMMISSIONERS:
w ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
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I ATTEST: APP D:
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( Robert S. Cowan David Doyle, C rman
Director of Community Development Cupertino Planning Commission
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