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Reso 4802 9-TM-96 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4802 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A SUBDIVISION OF A 0.4 ACRE PARCEL INTO 2 LOTS OF APPROXIMATELY 8,700 SQUARE FEET AND 8,450 SQUARE FEET AT 10208 AND 10210 RANDY LANE 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 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 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 approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof, and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application No. 9-TM-96 as set forth in the Minutes of Planning Commission Meeting of January 13, 1997, and are incorporated by reference as though fully set forth herein. Resolution No. 4802 9-TM-96 January 13, 1997 Page -2- SECTION II: PROJECT DESCRIPTION Application No.: 9-TM-96 Applicant: Kelly-Gordon Property Owner: Evangelina Chavoya Location: 10208 & 10210 Randy Lane SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS Approval is based on E�ibits titled: "Tentative Map and Preliminary Grading Plan- Lands of Chavoya, Cupertino, Calif." consisting of one sheet and undated. 2. TREES Replace 6 of the 8 trees that are proposed for removal. Three trees (minimum 24" box) shall be placed in each yard prior to issuance of final building permit for each dwelling. SECTION IV• CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 3. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 4. 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. 5. STREET LIGHTING 1NSTALLATION 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 m�imum height permitted by the zone in which the site is located. 6. FIRE HYDRANT Fire hydrants shall be located as required by the City. 7. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 8. 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. Resolution No. 4802 9-TM-96 January 13, 1997 Page -3- 9. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 10. 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 insta.11ed to the satisfaction of the City Engineer. 11. 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 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. 12. 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 Off-Site Improvement Cost or $1,744.00 min. f b. Grading Permit: $ 5% of Site Improvement Cost or $266.00 minimum c. Development Maintenance Deposit: $1,000.00 d. Storm Drainage Fee: $509.55 e. Power Cost: $75.00 per street light £ Map Checking Fees: $381.00 g. Park Fees: $15,750.00 per 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. 13. TRANSFORMERS Electrical transformers, telephone vaults and similax 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. Resolution No. 4802 9-TM-96 January 13, 1997 Page -4- 14. 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 shall be paid to the City and required improvements constructed to City standards at the time of application. 15. DEDICATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to California Water Company and shall reach an agreement with California Water Company for water service to the subject development. 16. BEST MANAGEMENT PR.ACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity which disturbs soil. BMP plans shall be included in the grading and street improvement plans. 17. NOTICE OF FEES. DEDICATIONS RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. ------------------------------------------------------------------------- ------------------------------------------------------------------------- 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 engineering practices. Be Viskovi h, City Engineer ` Resolution No. 4802 9-TM-96 January 13, 1997 ' Page -5- � PASSED AND ADOPTED this 13th day of January, 1997, 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, Mahoney and Vice Chairperson Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chairman Roberts ATTEST: APPROVED: � � /� ,� .�/ � 3 ���i Robert S. Cowan Andrea Harris, Vice Chairperson Director of Community Development Cupertino Pla.nning Commission g:/pdrepordres/r9tm96 �