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Reso 4843 3-TM-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4843 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE 2 EXISTING PARCELS TOTALING .83 ACRES INTO 5 RESIDENTIAL LOTS, RANGING FROM 6,610 SQ. FT. TO 7,745 ST. 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, 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 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. 3-TM-97 as set forth in the Minutes of Planning Commission Meeting June 9, 1997, and are incorporated by reference as though fully set forth herein. Resolution No. 4843 3-TM-97 June 9, 1997 Page -2- SECTION II: PROJECT DESCRIPTION Application No.: 3-TM-97 Applicant: Marv Kirkeby , Location: 11354 and 11350 S. Stelling SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS Recommendation of approval is based on Tentative Map and Preliminary Grading Plan dated April 1997. 2. TREE PROTECTION As numbered in the arborist report, #3, 10, 14, 44, 45, 47, 76 and 11 additional trees shall be preserved as part of the subdivision improvements. A$10,000 bond shall be posted for their protection until the final map is recorded. Subsequent property owners may remove these trees if each is replaced by a 24" box native tree. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 3. 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. Yursuant to Government Code Section 65020(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. 4. STREET WIDTH The cul-de-sac street width shall be 48' with parking on one side, and shall require equal dedication from the property owners to the north and to the south, at such time as the latter subdivides. 5. 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. 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 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. 4843 3-TM-97 June 9, 1997 Page -3- 7. FIRE HYDRANT Fire hydrants shall be located as required by the City. 8. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. f i 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. 10. GRADING 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. Provide proof of storm drain easements rights from the southerly adjacent property. Overland easement is required for overflow protection prior to approval of final map. 12. LTNDERGROiJND 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. 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: $3,000.00 c. Storm Drainage Fee: $1,551.87 d. Power Cost: $75.00 per street light e. Map Checking Fees: $399.00 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 Resolution No. 4843 3-TM-97 June 9, 1997 Page -4- 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. ', Reimbursement agreement shall be executed by the developer in ensure reimbursements of street improvements installed for the benefit of the adjacent property. Developer to provide certified true copy of invoices and engineer's cost estimates for reimbursements. Reimbursements shall made at the time the adjacent property develops. ' 14. 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. 15. DEDICATION OF WATERLII�TE , The developer shall execute a quitclaim deed for underground water rights to San Jose Water and � shall reach an agreement with San Jose Water for water service to the subject development. 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. CITY ENGINEER' S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering surve in conditions specified in Section IV of this Resolution conform to generally ted in g tices. Bert isko , City Engineer PASSED AND ADOPTED this th day of une, 1997, at the Regular Meeting of the Planning Commission of the City of Cupertino, State of alifornia, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: ��� � Robert S. Cowan Andrea Harris, Chairperson Director of Community Development Cupertino Planning Commission g:/pdreport/r3tm97