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Reso 4819 10-TM-96 CITY OF CUPERTINO 10300 Tone Avenue Cupertino, California 95014 RESOLUTION NO. 4819 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 2.49 ACRE PARCEL INTO 9 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. � 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. 10-TM-96, as set forth in the Minutes of Planning Commission Meeting February 24, 1997, and are incorporated by reference as though fully set forth herein. Resolution No. 4819 10-TM-96 February 24, 1997 Page -2- SECTION II• PROJECT DESCRIPTION Application No.: 10-TM-96 Applicant: Lands of Tressler Location: 22110 McClellan Road SECTION III• CONDITIONS ADMINISTERED BY THE ('OMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the Tentative Map dated February 10, 1997, and the Preliminary Grading Plan dated February 10, 1997, except as may be amended by conditions contained herein. 2. 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. 3. TREE PROTECTION Trees 1, 2, 4, 5, 6, 7, 9, and 12 shall be retained, except for the following circumstances. If an arborist's report recommends that any Monterey pine (4,5,6,7,9) should be removed due to poor condition, staff may issue a tree removal permit. Trees 1 and 2 may be removed in conjunction with issuance of a building permit if required for development of Lot 2. If any of trees 4, 5, 6, 7, and 9 are removed, 24" box replacement trees shall be provided. The 10" oak tree on the south edge of Lot 9 may be removed. Said 10" oak shall be replaced by a 36" box oak tree. The tree shall be located on Lot 9. A bond in the amount of $20,000 is required for the trees to be retained. An internationally certified arborist shall be retained to supervise tree protection. The arborist shall submit two reports to staff assuring that 1) tree protection devices are adequate prior to issuance of a grading permit; 2) trees were adequately protected during construction prior to issuance of final occupancy permits. The bond may be released upon staff review of the final arborist report. 4. LANDSCAPING Landscaping, consisting of tree screening and ground cover, and an irrigation system which is associated with the main irrigation system of each lot, shall be installed, during street construction, in the landscaping strip on the east side of the road. (Refer to Condition No. 23) 5. ACCESS FOR LOT 1 ' Lot 1 is required to take access exclusively from the new public road. � Resolution No. 4819 10-TM-96 February 24, 1997 Page -3- 6. HISTORICAL STREET NAME Selection of a historical street name is encouraged, and shall be included on the final map. SECTION IV CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 7. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 8. 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. 9. 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 maximum height permitted by the zone in which the site is located. 10. FIRE HYDRANT Fire hydrants shall be located as required by the City. 11. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 12. 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. 13. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 14. 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. 15. CON RETE WALL A concrete retaining wall shall be installed on the project's boundary of the residentially zoned property with the public right-of-way. Said wall shall be engineered and design per City's ' minimum standard. Resolution No. 4819 10-TM-96 February 24, 1997 Page -4- 16. 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. 17. 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. Fees: a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $ 3,000.00 c. Storm Drainage Fee: $ 3,212.10 d. Power Cost: $ 75.00 per street light e. Map Checking Fees: $ 421.00 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. 18. 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. 19. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with Cupertino Water for water service to the subj ect development. 20. FIRE ACCESS LANES Emergency fire access lanes shall be recorded as fire lane easements on the final map and shall meet Central Fire District standards. 21. BEST MANAGEMENT PRACTICES 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 your grading ' and street improvement plans. Resolution No. 4819 10-TM-96 February 24, 1997 Page -5- 22. SCENIC EASEMENT ADJACENT TO MC CLELLAN ROAD A scenic easement shall be recorded to ensure that future fences and other structures shall be placed outside of the southerly drip line of existing pine trees located along the McClellan Road frontage of Lot 1. 23. MAINTENANCE OF LANDSCAPING ON EAST SIDE OF STREET The improvement plans and agreement shall provide for the installation of irrigation lines under the street to serve the portion of each lot separated from the main lot by the public street. The landscaping strip, consisting of said portions of lots shall include groundcover and street trees to be planted prior to acceptance of street improvement by the Public Works Department. The street tree spacing for the landscaping strip shall be closer than typical street tree spacing. The exact spacing shall be determined by the Public Works Department based upon the growth pattern of the selected tree. An easement shall be recorded to allow equal right of access and use for all owners of Lots 1- 9. The easement shall describe the maintenance duty and the ability of one or more property owners to be reimbursed for maintenance cost should an owner or owners fail to maintain their residential lot holding located in the landscaping strip. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering surve ' onditions specified in Section IV. of this Resolution conform to generally acce eng� ing pra ices. ert sk vi , Ci ngineer PASSED AND ADOPTED this 24th day of February, 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, Roberts and Chairperson Harris NOES: COMMISSIONERS: ( ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: � � . � �' � � ,.�, �� � Robert S. Cowan Andrea Harris, Chairperson � Director of Community Development Cupertino Planning Commission g:/pdreport/res/r I Otm96