Reso 4625 4-TM-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4625
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
(APPROVING) A TENTATIVE MAP
TO SUBDIVIDE A.5 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 in Section II. 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 applicant has met the burden of proof required to support said application; and has
satisfied 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 avoidable injure fish and wildlife or their
habitat.
e) That the design of the subdivision or the type of improvements associated therewith are not likely
to cause serious public health problems.
� 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 approved 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 Application 4-TM-95 as set forth in
the Minutes of Planning Commission Meeting of July 24, 1995, and are incorporated by reference as
though fully set forth herein.
Resolution No. 4625 4-TM-95 July 24, 1995
Page -2-
SECTION II: PROJECT DESCRIPTION
Application No.: 4-TM-95
Applicant: Emily Chen
Property Owner: Enrigue A. Alvarez
Location: 20810 McClellan Road
SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Tentative Map dated May 1995, except as may be
amended by the Conditions contained in this Resolution.
2. TREE PROTECTION
The 21" pine and the two 10" oaks as shown on Lot 2 on the tentative map are protected from
removal. Should removal be required, an application for a tree removal permit shall be submitted
to the Director of Community Development. A report from an Internationally Certified Arborist
justifying the need for removal may be required as part of the permit submittal.
3. DEMOLITION REOUIREMENT
Existing structures and extraneous equipment and debris on Lot 1 shall be removed prior to
recordation of the final map.
4. ABANDONED WATER WELLS
The property owner shall seal abandoned or unused water wells if the City, after consultation
with the Santa Clara Valley Water District, determines that said abandoned or unused water wells
have a potential to contaminate the water supply.
5. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources Control
Board, for construction activity which disturbs soil.
SECTION IV • CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
7. 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.
Resolution No. 4625 4-TM-95 July 24, 1995
Page -3-
8. 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.
9. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
10. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
11. 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.
12. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
13. 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.
14. 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.
Resolution No. 4625 4-TM-95 July 24, 1995
Page -4-
15. 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: $873.00
d. Power Cost: $75.00 per street light
e. Map Checking Fees: $381.00
f. Park Fees: $15,750/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.
16. 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.
' 17. 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 surveying conditions specified in Section IV. of this
Resolution conform to generally acc ted engineering pr tices.
rt Visko ich, City Engineer
Resolution No. 4625 4-TM-95 July 24, 1995
Page -5-
PASSED AND ADOPTED this 24th day of July, 1995, at the 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 and Chairman Doyle
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Roberts
ATTEST: APPROVED:
�
� �� ' ' � , 1
! Robert S. Cowan David Doyle, hairman
Director of Community Development Cupertino Planning Commission
I
i