Reso 4748 S-TM-96
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4748
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY
1 ACRE PARCEL INTO 2 PARCELS AND ONE REMAINDER PARCEL
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 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, subj ect 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 based
and contained in the Public Hearing record concerning Application S-TM-96 as set forth in the Minutes
of Planning Commission Meetings of September 9, 1996, and are incorporated by reference as though
fully set forth herein.
Resolution No. 4748 (S-TM-96) September 9, 1996
Page -2-
SECTION II: PROJECT DESCRIPTION
Application No.: S-TM-96
Applicant: Aster 2
Property Owner: Ann McElroy
Location: 1358 South Stelling Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Tentative map dated April 1996. Grading plan dated August 1996.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
2. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
3. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks, handicap ramps, and related structures shall be installed in
� accordance with grades and standards as specified by the City Engineer.
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. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
6. TRAFFIC SIGNS
Traffic and signs shall be placed at locations specified by the City Engineer.
7. 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.
8. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
�
Resolution No. 4748 S-TM-96 September 9, 1996
Page -3-
9. 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.
10. LINDERGROUND 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.
11. 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: $1277.38
d. Power Cost: $75.00/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.
12. 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.
13. REMAINDER PARCEL
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 the 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.
Resolution No. 4748 S-TM-96 September 9, 1996
Page -4-
14. DEDICATION OF WATERi INE
The developer shall execute a quitclaim deed for underground water rights to San Jose Water
Company and shall reach an agreem�nt with San Jose Water Com�any for water service to the
subject development.
15. DRIVEWAY LOCATION
The driveway encroachment plan shall be approved by staff. The final review shall include
vehicular and pedestrial safety and community aesthetics.
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 accepte nginee 'ng practice
B Viskovic City �ngineer
PASSED AND ADOPTED this 9th day of September, 1996 at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, b�� the following roll call vote:
AYES: COMMISSIONERS: Austin, Doyle, Mahoney and Vice Chairperson Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Roberts
ATTEST: APPROVED:
l�� i�.�;J
Robert S. Cowan Andrea Harris, Vice Chairperson
Director of Community Development Cupertino Planning Commission
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