Reso 4714 1-TM-96
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4714
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 0.69 ACRE PARCEL
INTO ONE LOT AND ONE REMAINDER PARCEL AT 22366 HARTMAN DRIVE
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 injure fish and wildlife or their habitat.
e) That the design of the subdivision or the type of improvements associated therewith aze 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 hereby approved, subject to the conditions which are
enumerated in this Resolution beginning on page 2 thereof, and
Resolution No. 4714 1-TM-96 June 10, 1996
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That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Heazing record concerning Application No. 1-TM-96 as set forth in the
Minutes of Planning Commission Meeting of May 13, 1996 and June 10, 1996, and are incorporated
by reference as though fully set forth herein.
SF.c'TION II: PROTFCT DESCIZiPTION
Application No.: 1-TM-96
Applicant: Donald Bahl
Property Owner: Frank Graham
Location: 22366 Hartman Drive
SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: 1) Tentative Map, Lot 24, Tract No. 4152
by Kirkeby Engineering, dated March 1996 and April 1996 and consisting of two sheets, and 2)
BahUGraham, Conceptual Site Plan, dated 4/16/96 and consisting of one sheet, except as may be
amended by the Conditions contained in this Resolution.
2. T EE PROTECTION
The applicant is required to protect the specimen oak tree shown on the tentative map. A bond in the
amount of $10,000 is required to assure maximum protection of said tree during construction.
The construction protection methods outlined in the City's tree ordinance shall be completed by the
contractor and confirmed by the property owner. Following the period of two years, after the house is
finaled through the building permit approval, an internationally certified arborist shall conduct a site
visit to observe the subject oak tree. Following this site visit, a letter shall be issued to City staff
indicating that the tree was not damaged during construction and shows no signs of ill health due to
construction activities. If no signs of damage or ill health due to construction activities are identified
the bond shall be returned. If the tree is irreversibly damaged, the bond shall be held and applied to the
installation of the lazgest replacement tree on the site as recommended by the Internationally Certified
Arborist.
3 ELECTRICAL TRANSMISSI4N I .TNF,/ RiTii .niN� �FPARATION
Prior to building permit issuance, the building plans shall be submitted to Pacific, Gas and Electric
Company for its approval of the clearance between the electrical transmission lines and the building
and any antennas.
4 ELECTROMAGNETIC.EIEI.L�
Evidence shall be provided prior to issuance of a building permit that a notice was recorded on the
deed stating that residents aze subject to exposure to electromagnetic fields from the adjacent electrical
tower.
Resolution No. 4714 1-TM-96 June 10, 1996
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�ECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
5. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
6. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standazds as specified by the City Engineer.
7. STRF.F.T L.IGHTING 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.
8. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
9. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
10. 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.
11. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
12. 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 sha11 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.
�3. 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 sha11
submit detailed plans showing utility underground provisions. Said plans shall be subject to prior
approval of the affected Utility provider and the City Engineer.
Resolution No. 4714 1-TM-96 June 10, 1996
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14. 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, pazk dedication fees and fees for undergrounding of utilities. Said agreement shall bc
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: $903.00
d. Power Cost: $75.00 per street light
e. Map Checking Fees: $381.00
f. Pazk 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 ol' a
final map or issuance of a building permit in the event of said change or changes, thc Ice�
changed at that time will reflect the then current fee schedule.
15. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall bc
screened with fencing and landscaping or located underground such that said equipment is not
visible from public street areas.
16. REMAINDER PARC�v
Remainder Parcel is allowed for a lot that is not subdivided for the purpose of sale, lease or
financing per Section 66424.6 of the Subdivision Map Act. A Certificate of Compliance or
Conditional Certificate of Compliance shall be required on this parcel at the time of sale, Icasc or
financing and all fees and required improvements shall be paid and constructed to the City at tl�c
time of application.
17, DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to San .losc Watcr
Company and shall reach an agreement with San Jose Water Company for water servicc to lhc
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 surv ing con ' pecified in Section IV. ol� this
Resolution conform to generally accepted engine ing p ' es.
Be Viskovic City Engineer
Resolution No. 4714 1-TM-96 June 10, 1996
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PASSED AND ADOPTED this l Oth day, June, 1996, Regular Meeting of the Planning Commission of �
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Harris and Mahoney
NOES: COMMISSIONERS: Roberts
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle
ATTEST: AP VED:
Robert S. Cowan Paul Roberts, Chair
Director of Community Development Cupertino Planning Commission
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