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Reso 4767 7-TM-96 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4767 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A.9 ACRE PARCEL INTO 4 LOTS, INCLUDING 2 FLAG LOTS 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. fl That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at laxge 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 � Resolution No. 4767 7-TM-96 November 12, 1996 Page -2- That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 7-TM-96 as set forth in the Minutes of Pla.nning Commission Meeting November 12, 1996, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 7-TM-96 Applicant: Emily Chen Property Owner: Rossi Family Trust Location: 10346 S. Stelling Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based upon the Tentative Map e�ibit labeled "Tentative Map for 10346 South Stelling Road" and dated 10/04/96. The map may be modified by additional conditions contained herein. 2. ACCESS VIA INGRESS/EGRESS EASEMENT Access to Stelling Road for lots 1-3 and the remainder lot shall be provided via a common access easement located in the flag corridor for lots 2 and 3. There shall be no direct driveway access to Stelling Road other than said common access easement. The common access easement shall be recorded via an appropriate deed restriction and covenant running with the land in a form approved by the City Attorney. 3. DRIVEWAY IMPROVEMENTS The common driveway referenced in Condition 2 shall be constructed with a concrete or asphalt surface and shall be 18 feet or greater in width. 4. MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels to ensure the maintenance of common driveway access road. 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. TREE PROTECTION The oak trees identified as tree # 1 and tree #3, shall be retained and protected during construction. A bond in the amount of $10,000 per tree, shall be submitted to assure protection during improvement of the subdivision and for a period of two years following completion of the subdivision improvement or construction of a house, which occurs first. If the lots are not developed concurrently, bonds may be released for each lot upon completion of house construction on each lot during the aforementioned time period. i Resolution No. 4767 7-TM-96 November 12, 1996 Page -3- The remainder of trees listed on the "Tree Table" located on the Tentative Map shall be protected during construction. The trees shall be bonded to ensure the health of the trees during construction of the subdivision improvements and individual home construction. Said "Tree Table" is modified to include the 8 inch oak located near the northwest corner of lot 2, the 10 inch tree on the north border of lot 2 and the 6 inch oak located near the east border of lot 3. Said trees are labeled A, B and C on Staff E�ibit A. Future owners may remove the trees other than oak trees 1 and 3 referenced in the initial paragraph. The construction protection methods as 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 subdivision improvements and/or houses aze finalled through the building permit, an internationally certified arborist shall conduct a site visit to observe the referenced trees. Following this site visit a letter shall be issued to staff indicating that the trees were not damaged during construction and show 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 largest replacement tree on the site as recommended by the Internationally Certified Arobrist. If the tree can be repaired by an Internationally Certified Arborist the bond or a portion thereof shall be applied to its repair. The applicant shall provide staff with a copy of the contract between the applicant and an internationally certified arborist. This construct shall specify the methods to assure compliance with the tree report. The contract may include periodic site visits, review of construction drawings, and recommendations on alternative construction methods for m�imum tree preservation. SECTION IV• CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 6. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 7. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 8. STRFET 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. Resolution No. 4767 7-TM-96 November 12, 1996 Page -4- 9. FIRE HYDRANT Fire hydrants shall be located as required by the City. 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. 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. I 14. UNDERGROLJND 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 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: $1,160.00 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. 4767 7-TM-96 November 12, 1996 Page -5- 16. 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. 17. 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 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. 18. 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 engineeri ractices. B rt Viskov h, City ngineer PASSED AND ADOPTED this 12th day of ovember, 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 Chairman Roberts NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: � ATTEST: APP VED: Robert S. Cowan Paul Roberts, Chairman Director of Community Development Cupertino Planning Commission