Reso 4654 1-TM-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4654
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP
TO SUBDIVIDE A.49 PARCEL INTO 1 LOT AND 1 REMAINDER PARCEL
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, e�iibits, 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
Resolution No. 4654 1-TM-95 November 13, 1995
Page -2-
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application 1-TM-95 as set forth in the Minutes
of Planning Commission Meeting of November 13, 1995 and are incorporated by reference as though
fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 1-TM-95
Applicant: Maximo Perez
Property Owner: Maximo Perez
Location: 21221 Rainbow Drive
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approved is based on Tentative Map dated November 20, 1994.
2. ACCESS TO PARCEL 2
Access to Parcel2 from Rainbow Drive shall be precluded and driveway access to Parcel2 shall be
impervious surface prior to sale of Parcel 1.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
3. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
Reimbursements of all cost of the installation of street improvements along the frontage on
Rainbow Drive of the subject property is due and payable prior to approval of the Parcel Map.
4. 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.
5. 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.
6. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
7. TRAFFIC SIGNS
Traffic and signs shall be placed at locations specified by the City Engineer.
Resolution No. 4654 1-TM-95 November 13, 1995
Page -3-
8. 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.
9. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
10. 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.
11. 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.
12. 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
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 �urrent fee schedule.
13. 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.
Resolution No. 4654 1-TM-95 November 13, 1995
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14. 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.
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 ' g practices.
B rt Viskovich, ity Engineer
PASSED AND ADOPTED this 13th day of November, 1995, 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:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APP E : �
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I r �
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Robert S. Cowan David Doyle, airman
Director of Community Development Cupertino Planning Commission
g:PLANNING/RITM952