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Reso 4626 S-TM-95 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4626 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING SUBDIVIDING ONE PARCEL INTO TWO LOTS SECTION I: FINDIN �: 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 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 S-TM-95 as set forth in the Minutes of Planning Commission Meeting July 24, 1995, and are incorporated by reference as though fully set forth herein. Resolution No. 4626 S-TM-95 July 24, 1995 Page -2- SECTION II• PROJECT DESCRIPTION Application No.: S-TM-95 Applicant: Emily Chen Property Owner: Der Wei Chu and Chin Yun Wu Location: 10382 and 10400 Stelling Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT � 1. APPROVED EXHIBITS Approval is based on the Tentative Maps dated 7/20/95, except as may be amended by the , Conditions contained in this resolution. I 2. ACCESS One curb cut is approved to provide access to Stelling Road. A deed restriction shall be recorded with the initial sale of lot 1 precluding direct access to Stelling Road. The flag width shall be increased to 20 ft. A temporary easement on Lot 1 shall be provided to locate the driveway north of the Italian Stone Pire #3, until such time as the property owner to the south subdivides and an � alternate driveway is approved. I � 3. DEMOLITION REQUIREMENT ' All existing structures on the site, namely the pool, deck and south portion of the residence shall be removed or made conforming prior to or concurrently with the first sale of any lot created by the subdivision. The developer shall assume the responsibility to obtain all required demolition � permits in accordance with City ordinances. 4. TREE PROTECTION , The Italian Stone Pine (#3), the gum tree at the front of the property and the pine trees at the rear shall be retained. The applicant shall provide a plan for preservation of said trees prior to � issuance of building permits. The plan shall include graphic depiction of protection devices to be ' installed along the dripline perimeter of each tree for the duration of construction activities. A ' bond in the amount of $10,000 per tree, for a maximum of $50,000, shall be placed to assure � maximum protection of said trees during construction. The bond will be released if an � internationally certified arborist confirms that the trees were not damaged during construction. 5. INGRESS/EGRESS 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 party. At the time that the property to the south is subdivided, reciprocal ingress and egress easements shall be provided to those lots. Resolution No. 4626 S-TM-95 July 24, 1995 Page -3- 6. ROAD MAINTENAN E A REEMENT A reciprocal maintenance agreement shall be required for all parcels which share a common , private drive or private roadway 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. SECTION IV• CONDITION ADMINIST RED BY TH PUBLIC WORK DEPARTMENT I 7. STREET WIDENIN Street widening, improvements and dedications shall be provided in accordance with City I Standards and specifications and as required by the City Engineer. � 8. CURB AND GUTTER IMPROV MENT I Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 9. 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. 10. FIRE HYDRANT Fire hydrants shall be located as required by the City. 11. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 12. 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. 13. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 14. 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. Resolution No. 4626 S-TM-95 July 24, 1995 Page -4- 15. 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. 16. 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. i a. Checking & Inspection Fees: $ 5% of Improvement Cost or � $1,744.00 minimum b. Development Maintenance Deposit: $1,000.00 c. Storm Drainage Fee: $1,326.00 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. 17. 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. ' 18. 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 subject development. Resolution No. 4626 S-TM-95 July 24, 1995 Page -5- 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 accepted enginee ng pra tic i ert Visko ich, City Engineer I ( a of Jul 1995 at the Re ular Meetin of the Plamm�g PASSED AND ADOPTED this 24th d y y, , g g Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Harris, Mahoney and Chairman Doyle I NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None � ABSENT: COMMISSIONERS: Roberts , ATTEST: APPROVED:� ; . � = �„ 1 � Robert S. Cowan David Doyle, hairm , Director of Community Development Cupertino Planning Commission i