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Reso 4715 2-TM-96 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4715 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A.45 ACRE PARCEL INTO ONE LOT AND ONE REMAINDER LOT 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 aze 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 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 hased and contained in the Public Heazing record concerning Application 2-TM-96 as set forth in the Minutes of Planning Commission Meeting of June 10, 1996, and are incorporated by reference as though fully set forth herein. Resolution No. 4715 2-TM-96 June 10, 1996 Page -2- SECTION II: PROJECT DESCRIPTION Application No.: 2-TM-96 Applicant: Emily Chen Property Owner: Ruby Mae Cole Location: 21901 Dolores Avenue �F(�TION III• CONDITIONS ADMINISTEIZFD BY THE COMMUNITY DEVELOPMENT DEPT 1. APPROVED EXHIBITS The recommendation of approval is based on the following submitted plans: Tentative Map sheet 1 dated March 1996. 2. ZONING CORRECTION Prior to issuance of final map, property zoning shall be corrected to reflect a zoning of R1-7.5 rather than Rl-8. 3. DRAINAGE Applicant shall provide a written response regarding ability to secure a drainage easement through adjacent property to the north of subject property. 4. ELEVATION DIFFERENCE A m�imum difference of 1 foot elevation is allowed at the north property line. 5. PAD FOOTAGE The proposed pad shall not be greater than 363 feet. SECTION IV• CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STRF.ET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standazds and specifications and as required by the City Engineer. 2. ('IJ 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. 3. STRFET L.IGHTING INSTAI,LATION 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 maa�imum height permitted by the zone in which the site is located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City. Resolution No. 4715 2-TM-96 June 10, 1996 Page -3- 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 6. 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. 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 8. 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. 9. LTNDERGROLJND 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. 10. 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: $581.00 d. Power Cost: $75.00 per street light 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 current fee schedule. Resolution No. 4715 2-TM-96 June 10, 1996 Page -4- � 11. TRANSFORMERS Electrical transforniers, telephone vaults and similaz 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. � 12. 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 subj ect development. 13. REMAINDER PARCEL 'i 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, lease or financing and all fees and required improvements shall be paid and constructed to the City at the time of application. 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 'ng practices. rt Viskovi , ity Engineer PASSED AND ADOPTED this lOth day of June, 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, Hazris, Mahoney and Chairman Roberts NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Doyle ATTEST: APP Robert S. Cowan Paul Roberts, Chairman Director of Community Development Cupertino Planning Commission ,;:/pdrepordres2Un96