Reso 4674 8-TM-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4674
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 0.7 ACRE PARCEL INTO SEVEN
LOTS LOCATED ON PENINSULA AVENUE
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 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 8-TM-95 as set forth in the Minutes
of Planning Commission Meeting December 11, 1995 and January 22, 1996, and are incorporated by
reference as though fully set forth herein.
Resolution No. 4674 8-TM-95 January 22, 1996
Page -2-
SECTION II: PROJECT DESCRIPTION
Application No.: 8-TM-95
Applicant: Peninsula 7
Property Owner: Same
Location: Peninsula Avenue
SF.('TION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the Tentative Map titled "Tentative Map with Preliminary Grades,
Peninsula 7" last revised 11 /22/95, except as may be amended by the Conditions contained in this
resolution.
2. Il�IGRFSS/EGRFSS 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 transfened to another party.
3. PEDESTRIAN EASEMENT
Pedestrian easements over the sidewalk azea shall be prepazed by the developer, approved by
the City Attorney and recorded against the subject property prior to issuance of building
permits.
4. 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 form and content by the City Attorney.
5. DEED RESTRICTION REGARDING NOTIFIG�TION OF TRAIN NOISE & VIBRATION
The applicant shall record an appropriate notice with each deed notifying potential property
owners that the lots are exposed to train noise and vibration.
CFf TT(�N TV CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT
6. STRFET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
Resolution No. 4674 8-TM-95 January 22, 1996
Page -3-
7. STRFET I,IC�HTING INSTAL.L,ATION
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 m�imum height permitted by the zone in which the
site is located.
8. ('T TR� AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks, handicap ramps and related structures shall be installed in
accordance with grades and standards specified by the City Engineer.
9. �IRE HYDRANT
Fire hydrants shall be located as required by the City.
10. TRAFFIC SIGNS
Traffic signs shall be placed at locations specified by the City Engineer.
1 l. 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. i TNDERGROUND 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.
15. IMPROVEMENT AGRFEMENT
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.
Resolution No. 4674 8-TM-95 January 22, 1996
Page -4-
a. Checking and Inspection Fees: $ 5% of Improvement Cost or $1,744.00 minimum
b. Development and Maintenance Deposit: $3,000.00
c. Storm Drainage Fee: $926/acre + $70 (7) _ $1,138.20
d. Power Cost: $75.00/light
e. Water Main Reimbursement Fee: $22.50/LF (Frontage Length)
f. Map Checking Fees: $399 +((9*)*(# lots - 4)) _$408.00
g. 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, 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 Cupertino Water
Company and shall reach an agreement with Cupertino 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 pr tices.
B rt Viskov City Engineer
Resolution No. 4674 8-TM-95 January 22, 1996
Page -5-
PASSED AND ADOPTED this 22nd day of January, 1996, 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, Doyle, Harris, Mahoney and Chair Roberts
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: AP ROVED:
Robert S. Cowan Paul Roberts, Chairman
Director of Community Development Cupertino Planning Commission
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