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Reso 4653 7-TM-95 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4653 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 2.41 ACRE PARCEL INTO 24 SINGLE FAMILY RESIDENTIAL LOTS AND ONE COMMON LOT FOR ROADWAY PURPOSES AND ONE COMMON LOT FOR PRIVATE COMMON OPEN SPACE 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 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. � 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, e�chibits, 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 sub-conclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 10-TM-94 as set forth in the Minutes of Planning Commission Meeting of December 12, 1994, and are incorporated by reference as though fully set forth herein. Resolution No. 4653 � (7-TM-95) November 13, 1995 Page -2- SECTION II: PROJECT DESCRIPTION Application No.: 7-TM-95 Applicant: Cupertino City Center Associates Property Owner: Cupertino City Center Associates Location: East side of Torre Avenue between Stevens Creek Blvd. and Rodrigues Avenue SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS � T'he recommendation of approval is based on the Tentative Map revised October 9, 1995 (1 Sheet) of Application 7-TM-95, except as may be amended by the Conditions contained in this Resolution. 2. �OT LINE ADJUSTMENTS The Director of Community Development and the Public Works Director shall have the ability to modify the location of the final lot lines to be consistent with the conditions of approval embodied in Planning Commission Resolution #4640 approving application 9-U-95. Particular attention is placed on complying with condition 2, 17 and 18 of said resolution. The intent of this condition is to ensure that the final recorded map is consistent with the approved use permit. 3. BMR LTNITS The applicant shall comply with the requirements of the Housing Mitigation Manual. To dissimilar models shall be involved in the BMR program. 4. DRAINAGE PLAN The final drainage plan for the subdivision shall be consistent with the conceptual grading plan which will be approved as a part of the final ASA drawings submitted in conjunction with the use permit 9-U-95. 5. PARKING LANE The parking lane turnout on Torre Avenue shall be modified to accommodate six parking spaces as provided by condition 18 of 9-U-95. SRC'TION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 6. COMMON AREA The development rights to the common area shall be dedicated to the City of Cupertino prior to recordation of final subdivision map to ensure that open space is available to the entire development, including the 8' minimum pedestrian access between unit 19 & 20 referenced in Planning Commission Resolution 4640 (Condition 3). 7. HOMEOWNER ASSOCIATION DOCUMENTS The Homeowners Association documents and enabling declaration shall be reviewed by the applicant's attorney and written proof from that attorney shall be provided with the C.C. & R's Resolution No. 4653 (7-TM-95) November 13, 1995 Page -3- that they are consistent with the conditions of approval. The Homeowners Association documents and enabling declaration shall be approved by the Department of Community Development and by the City Attorney prior to recordation and must reflect all conditions of this approval and plans. 8. �'EDESTRIAN EASEMENT Pedestrian easements over the sidewalk area shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of building permits. 9. ROAD MAINTENANCE AGREEMENT 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 fortn and content by the City Attorney. 10. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 11. STREET LIGHTING 1NSTALLATION 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. 12. C'UR3 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. 13. FIRE HYDRAN'T Fire hydrants shall be located as required by the City. 14. TRAFFIC SIGNS Traffic and signs shall be placed at locations specified by the City Engineer. 15. 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. 16. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. Resolution No. 4653 (7-TM-95) November 13, 1995 Page -4- 17. DR.AINAGE 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. 18. 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. 19. 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 minimuxn b. Development Maintenance Deposit: $3,000.00 c. Storm Drainage Fee: $926/acre + $70 (24) _ $4,322.80 d. Power Cost: $75.00/light e. Map Checking Fees: $541 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. 20. 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. 21. DF.1�TC'ATT(�N 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. Resolution No. 4653 (7-TM-95) November 13, 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 engineerin pr tices. Be Viskovi , City Engineer PASSED AND ADOPTED this 13th day of November, 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, Mahoney, Roberts NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: � Robert S. Cowan David Doyle, Chairman Director of Community Development Cupertino Planning Commission g:/pdrepordres7tm95