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Reso 4608 2-TM-95 CITY OF CUPERTINO � 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4608 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A.51 ACRE PARCEL INTO TWO 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 2 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 regazd 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 avoidable 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. fl 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 2-TM-95 as set forth in the Minutes of Planning Commission Meeting of May 8, 1995, and are incorporated by reference as though fully set forth herein. Resolution No. 4608 2-TM-95 May 8, 1995 Page -2- SECTION II: PROJECT DESCRIPTION Application No.: 2-TM-95 Applicant: Emily Chen Property Owner: Emily Chen Location: 10480 South Stelling Avenue SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits Tentative Map dated 3/27/95, except as may be amended by the Conditions contained in this Resolution. 2. PRIVATE DRIVEWAY COVENANT The final driveway configuration as it relates to the bus stop location shall be approved in writing by the Santa Clara County Transit Agency. The applicant shall record an appropriate deed restriction and covenant ninning with the land for all parcels which share a common driveway 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 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 party. 3. ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels which share a common private drive 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. 4. TREE REMOVAL •r�, �n ��. �' ����e1-3-��-�e� . , � b � ('ONDITIONS ADMI1vISTERED BY THE PUBLIC WORKS DEPARTMENT 5. 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. 6. 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. Reimbursement fee for City's cost to improve the Stelling & McClellan Road is required. Resolution No. 4608 2-TM-95 May 8, 1995 Page 2(a) *4. TREE REMOVAL All trees may be removed. But, if the 20" pine tree on Parcel2 is removed, a replacement native tree of 24 inch box size shall be replanted in its place. Technical correction made January 15, 1997, per Director of Community Development: Robert S. Cowan Director of Community Development Resolution No. 4608 2-TM-95 May 8, 1995 Page -3- 7. FIRE HYDRANT Fire hydrants shall be located as required by the City. � 8. TRAFFIC SIGNS Traffic and signs shall be placed at locations specified by the City Engineer. 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. 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. 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. a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $1,000.00 c. Storm Drainage Fee: $1290/acre d. Power Cost: N/A e. Map Checking Fees: $381.00 £ Park Fees: $15,750/lot g. Housing Mitigation Fee: $1.00 square foot, including garage. Not including the existing home h. Construction Tax: $362.59 per house Resolution No. 4608 2-TM-95 May 8, 1995 Page -4- -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. 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. 15. DEDICATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to San Jose Water Company and shall reach an agreement with San Jose Water Company for water service to the subj ect development. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveyin onditions specifie in Section III of this Resolution conform to generally accepted engineering prac � s. B rt Vi o ic , City Engineer PASSED AND ADOPTED this 8th day of May, 995, 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, Mahoney, Roberts and Chairman Doyle NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: � - � � � � � �� Robert S. Cowan David Doyl , hairm Director of Community Development Cupertino Planning Commission g:/pdreportlrso2tm95