Reso 4831 1-TM-97
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4831
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A PARCEL
INTO TWO LOTS OF 11,373 AND 8,498 SQ. FT.
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 1-TM-97 as set forth in the Minutes
of Planning Commission Meeting April 14, 1997, and are incorporated by reference as though fully set
forth herein.
Resolution No. 4831 1-TM-97 April 14, 1997
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SECTION II: PROJECT DESCRIPTION
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Application No.: 1-TM-97
, Applicant: Emily Chen
Location: 21855 Dolores Avenue
SECTION III: CONDITIONS ADMiNISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Sheet l, dated February `97, except width of flag lot
area on Parcel 1 shall be 20 ft., and the 5' easement for ingress and egress on the property to the
west sha11 be eliminated.
2. TREE PROTECTION
Trees to be retained and protected during construction are: #3 (palm), #5 (persimmon), #6
, (almond). These may be removed by future property owners at their discretion. Trees #7, #10,
# 11 (deodar cedars) are to be protected for the life of the trees, which may be removed only in
accordance with Chapter 14.18 of the Cupertino Municipal Code. A bond of $10,000 is required
for their protection. 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 pro�ected during
construction prior to issuance of final occupancy permits.
3. INGRESS AND EGRESS EASEMENTS
When the parcel to the west subdivides with a flag lot, reciprocal ingress and egress easements
shall be provided by Parcel 1 of this application.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
4. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
5. CURB AND GUTTER IMPRO�EMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer.
6. 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 preilude 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.
7. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
Resolution No. 4831 1-TM-97 April 14, 1997
Page -3-
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8. TRAFFIC SIGNS
` Traffic control signs shall be placed at locations specified by the City.
; 9. 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.
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10. GR.ADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
11. 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.
12. LTNDERGROLJND UTILITIES
The developer sha11 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.
13. 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: $1,000.00
c. Storm Drainage Fee: $580.50
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. 4831 1-TM-97 April 14, 1997
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14. TRANSFORMERS
Electrical transformers, telephone vaults and similaz 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.
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15. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to Cupertino Water
r and shall reach an agreement with Cupertino Water for water service to the subject development.
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16. 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. ;
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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 accepted ngineering prac ices.
r '
ert ' ko �c , City Engineer
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PASSED AND ADOPTED this 14th day of April, 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, Harris, Roberts and Chairperson Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
/`l' '��4 '
Robert S. Cowan Andrea Harris, Chairperson
Director of Community Development Cupertino Planning Commission
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