Reso 4822 8-TM-96
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4822
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE 10 ACRES INTO 12 LOTS TO ALLOW 7
SINGLE FAMILY RESIDENCES, 201 APARTMENTS ON 1 LOT, PRIVATE DRIVEWAYS, A
COMMUNITY CENTER, PARK ELEMENTS AND A HOTEL
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, e�ibits, 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
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That the subconclusions upon which the findings and conditions specified in this Resolution are based
� and contained in the Public Hearing record concerning Application 8-TM-96 as set forth in the Minutes
t of Planning Commission Meeting February 24, 1997, and are incorporated by reference as though fully
set forth herein.
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Resolution No. 4822 8-TM-96 February 24, 1997
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SECTION II: PROJECT DESCRIPTION
Application No.: 8-TM-96
Applicant: Sandhill Properties
Property Owner: Tandem Computers
Location: 10741 N. Wolfe Road and 19590 Pruneridge Avenue
SECTION III• CONDITIONS ADMINISTERED BY THE COMMiINITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Sheet 1 dated January 29, 1997, except as may be
amended by conditions contained herein. Sheet 2 dated August 5, 1996 shall be revised to reflect
the approved tentative map.
2. INGRESS/EGRESS EASEMENTS
The applicant shall record an appropriate deed restriction and covenant running with the land,
subject to approval of the City Attorney, for all parcels which share a common private drive or
private roadway with one or more other parcels. Said deed restriction shall provide for necessary
reciprocal ingress and egress easements to and from the affected parcels. Said easements shall be
recorded at such time as interest in one or more of the affected parcels is initially sold or transferred
to another party.
3. ROAD MAINTENANCE AGREEMENT
A reciprocal maintenance agreement shall be required for all parcels which share a common private
drive or private roadway with one or more other parcels within the tract. 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.
4. TREE PROTECTION
For all retained trees, the project developer shall comply with the tree protection recommendations
described in the report titled, "Tree Report The Cupertino Village Residential," by HortScience,
Inc., dated September 1996.
A contract shall be entered into with an Internationally Certified Arborist and a copy submitted to
staff. The purpose of the contract will include an agreement to participate in inspection prior to
grading and construction activity to confirm protection measures are in place, participation in plan
I development which requires the arborist be involved prior to grading and road construction plans to
confirm recommended practices are implemented. The contract shall also require that the arborist
submit quarterly written reports to staff confirming site inspections have been completed and
� recommended protection measures are being met. A bond in the amount of $50,000 shall be
t submitted for protection of specimen sized trees required to be protected during development
� (demolition, grading and construction). This money may be released following final inspection by
the above referenced arborist. The arborist shall submit in writing that the trees have been
f adequately protected during construction and are expected to survive.
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Resolution No. 4822 8-TM-96 February 24, 1997
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5. INDEMNIFICATION
Within 30 days of approval of this application, the applicant shall enter into an agreement with the
City of Cupertino to indemnify, defend and hold harmless the City of Cupertino, and it's officers
and employees from any liability resulting from a dispute between the applicant and the adjacent
landowner of Assessor's Parcel Number 316-OS-066 regarding the ingress/egress easement.
6. DEVELOPMENT PHASING �
In order to guarantee construction of the hotel property on Parcel 2 on the zoning plat map, the
construction of said hotel shall be constructed prior to or in conjunction with the apartments on
Parcel 1. The building permit shall be issued and the foundation shall be poured for the hotel prior
to any issuance of building permits for buildings 7, 8 and 9 including the podium deck. (Once the
applicant has obtained an executed franchise application, submitted plans for the hotel have been
approved and financing is obtained for the hotel, Council will consider an amendment to the
tentative map regarding phasing. Council will review the franchise application. This requirement
shall be shown on the title page of 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. Private street shall be 24' min.
traveled way and cul-de-sac shall be design to 42' radius or as approved by the City Engineer.
Becker Lane, south of Community Park & 8 Single Family Homes requires vacation of Public
Right-of-Way. Cost shall be determined by the Director of Public Works. Please provide copy of
deed recorded in Book 4116 page 290. Existing easements not shown on the Tentative shall be
indicated at Final Map. All existing utility shall such as storm line, sewer, electrical, etc. shall be
abandonedJrelocated and approved by all utility company.
� 8. �IJRB 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.
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9. 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
''I is located.
10. FIRE HYDRANT
( Fire hydrants shall be located as required by the City.
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I 11. TR.AFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
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Resolution No. 4822 8-TM-96 February 24, 1997
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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.
Parallel storm line shall be installed at Wolfe Road to Homestead Road. DevelopPr to provide
drainage calcs prepared by the Civil Engineer. No storm line shall be allowed under the buildings.
Need to be removed or relocated.
15. 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.
16. 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 minimum
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $ 3,000.00
d. Storm Drainage Fee:
Apartments: $ 20,134.00
Single Homes: $ 3,406.00
Hotels: $ 5,688.00
e. Power Cost: $ 75.00 per street light
f. Map Checking Fees: $ 696.00
g. Park Fees:
Apartments: $ 6,480.00 per unit
Single Homes: $15,750.00 per unit
Resolution No. 4822 8-TM-96 February 24, 1997
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The fees described above aze 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.
17. 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.
18. 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
subject development.
19. NOTICE OF INTENT
The applicant must file a Notice of Intent (NOI), as required by the State Water Resource Control
Board, for all construction activity disturbing 5 acres or more of soil. The permit requires the
development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) and the
utilization of storm water BMP's.
20. 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.
21. TRAFFIC SIGNAL IMPROVEMENTS
The applicant shall pay 50% of the cost to modify the signal at Pruneridge Avenue and Wolfe Road
and to eliminate the crosswalk at the south side of the Pruneridge/Wolfe intersection.
22. GRADING/DRAINAGE
A revised grading and drainage plan shall be provided prior to recordation of the final map.
23. PARK CREDIT
The proposed mandated and optional park elements shall receive fifty percent park credit against
the requirement of land dedication or payment of fees in lieu thereof. These elements shall be
shown on the final map.
Resolution No. 4822 8-TM-96 February 24, 1997
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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 gin practice .
B rt Visko c, City 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:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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Robert S. Cowan Andrea Harris, Chairperson
� Director of Community Development Cupertino Planning Commission
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