Reso 4680 9-TM-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4680
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 1.17 GROSS ACRE PARCEL INTO
FOUR LOTS AT THE NORTHWEST CORNER OF SOUTH STELLING ROAD AND SEVEN
SPRINGS PARKWAY, 11641 SOUTH STELLING ROAD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative
Subdivision Map as described on Page 2 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, exhibits, testimony and other evidence submitted in this
matter, the application for a Tentative Map is hereby recommended for approval, subject to the
conditions which aze enumerated in this Resolution beginning on Page 2 thereof, and
That the subconclusions upon which the findings and conditions specified in this Resolution aze based
and contained in the Public Heazing record concerning Application 9-TM-95 as set forth in the Minutes
of Planning Commission Meeting of February 12, 1996, and are incorporated by reference as though
fully set forth herein.
Resolution No. 4680 9-TM-95 February 12, 1996
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SECTION II: PROJECT DESCRIPTION
Application No.: 9-TM-95
Applicant: Emily Chen
Property Owner: The E& H First Family L.P.
Location: 11641 South Stelling Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled, "Tentative Map for 11641 South Stelling
Road, Cupertino, California" dated 1/16/96 and consisting of one sheet, except as may be amended by
the Conditions contained in this Resolution.
2. DEMOLITION/REMOVAL REOUIREMENT
All existing buildings on the site shall be removed prior to or concurrently with project construction.
The developer shall assume the responsibility to obtain all required demolition permits in accordance
with City Ordinances.
3. nFFn uF�TUi�T1�1v uF�TARniN�7 NOTIFICATION 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.
4. NOISE CONTROL. MEASURFS
The applicant shall provide double pane glass on the north, west and south sides of the house on lot # 1.
5. TREE PRESERVATION
The applicant is required to retain the 6 semi-mature Coast Redwoods and 4 semi-mature Douglas Firs
on Lot #1 and the Colorado Blue Spruce on Lot #2 as reported in the Ian Geddes Tree Care, Inc. Report
dated January 18, 1996. The remaining onsite trees may be removed without further permits from the
City of Cupertino. The retained trees shall be protected through the construction of the project by
methods described in Appendix A of the City's Heritage and Specimen Tree Ordinance (CMC 14.18)
and in the recommendations detailed in the January 18, 1996 arborist report. Building plans shall
identify the locations of all retained trees and graphically described the protection measures to be
utilized.
A bond in the amount of $10,000 per tree to a maximum of $50,000 shall be placed to assure
maximum protection of said trees, during construction. Following the completion of the project, the
applicant shall contract with an internationally certified arborist to inspect the retained trees and issue a
letter to the Community Development Director indicating whether any of said trees were damaged
during construction or appear to be in ill health due to construction activities with recommendations for
correcting any damage. The bond shall be held by the City and applied towazd replacement trees in the
event retained trees are irreversibly damaged or toward of cost of any reparable damage to said retained
trees.
Resolution No. 4680 9-TM-95 February 12, 1996
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6. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board,
for construction activity which disturbs soil. Provide sanitary sewer clean-out within 10 feet of the
pool.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
7. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standazds and specifications and as required by the City Engineer.
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. CUR� AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks, handicap ramps, and related structures shall be installed in
accordance with grades and standazds as specified by the City Engineer.
10. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
11. TRAFFIC SIGNS
Traffic and signs shall be placed at locations specified by the City Engineer.
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.
15. t INDERGROLTND 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
Resolution No. 4680 9-TM-95 February 12, 1996
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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.
a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,744.00 minimum
b. Development Maintenance Deposit: $3,000.00
c. Storm Drainage Fee: $1290/acre
d. Power Cost: $75.00/light
e. Water Main Reimbursement Fee: n/a
f. Map Checking Fees: $399
g. Park Fees: $15,750/lot
The fees described above are imposed based upon the current fee schedule adopted by the City
I 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. TR.ANSFORMERS
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.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying c dition specified in Section III of this Resolution
conform to generally accepted engineering practice
Bert Viskovic y Engineer
Resolution No. 4680 9-TM-95 February 12, 1996
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PASSED AND ADOPTED this 12th day of February, 1996, 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 and Chairman Roberts
� NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
� ATTEST: APPROVED:
�
C �Gn--
Robert S. Cowan Paul Roberts, Chairman !
Director of Community Development Cupertino Planning Commission
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