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Reso 4850 4-TM-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4850 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE APPROXIMATELY 67 ACRES OF THE 212 ACRE PROPERTY INTO 178 LOTS SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative 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. 4-TM-97 as set forth in the Minutes of Planning Commission Meeting July 28, 1997, and are incorporated by reference as though fully set forth herein. Resolution No. 4850 4-TM-97 July 28, 1997 Page -2- SECTION II: PROJECT DESCRIPTION Application No.: 4-TM-97 Applicant: Steve Zales/O'Brien Group Location: South of I-280, west of Foothill Boulevard and Rancho San Antonio County Park and Stevens Creek Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Sheets 1-4 dated 7/%/97 sand �heets 7-18 dated June 1997, except as may be amended by the Conditions contained in this Resolution. 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. GRADING TO FOLLOW EXISTING CONTOURS Tops and bottoms of all slopes shall be rounded to blend with the existing contours. 4. TREE PROTECTION The applicant is required to retain trees as shown on Sheets L8-L14 dated June 1997. A bond in the amount of $100,000 shall be placed to assure maximum protection of said trees during construction. $50,000 shall be retained specifically for oak tree protection, and $50,000 for all others. The Tree Protection Plan as described by HortScience's March 1997 Tree Report shall be implemented. The Tree Protection Plan will include an oa.k management plan for the individual property owners, which will be incorporated into CC&R's. 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 any demolition, grading or building permit; 2) trees were adequately protected during construction prior to issuance of final occupancy permits. Prior to issuance of a final occupancy permit of the first home in each area, an internationally certified arborist shall conduct a site visit to observe the protected trees. The bond may be released upon staff review of the final arborist report. 5. PARK MITIGATION Park mitigation will be consistent with the Development Agreement. Resolution No. 4850 4-TM-97 July 28, 1997 Page -3- 6. INGRESS/EGRESS EASEMENTS The applicant shall provide a.n ap�ro�r:ate recorded ingress/egress easement, s�zbject to approval of the City Attorney, for all roadways, including emergency access roads, which traverse properties in separate ownership. The emergency road crossing at Stevens Creek Blvd. shall be at grade. The applicant shall use reasonable best efforts to secure a formal agreement for crossing of the railroad right of way. 7. EMERGENCY VEHICLE/PEDESTRIANBICYCLE ACCESS A deed restriction shall be recorded for all emergency vehicle, pedestrian and bicycle access easements which limits access to these uses. Continued access to the cemetery corporation yard shall also be permitted. The Stevens Creek Boulevard access shall be constructed as part of the initial development phase. The two other emergency accesses shall be constructed at the time of development of Areas 1 and 4, respectively. All emergency access roads will be maintained by the City of Cupertino, except through the cemetery. All emergency access gates shall comply with fire department requirements. 8. UTILITY EASEMENTS Utility easements for the project shall be provided on the dedicated park lands. 9. DETENTION BASINS The detention basin in Area 1 will 'ue iocated in the panhandle area, unless ar� alternate location is selected agreeable to the City and County prior to recordation of the final map. The applicant will solicit comments from Santa Claxa County Parks and the Midpeninsula Regional Open Space District prior to submittal of final designs of the detention basins not currently in County Parks ownership. The City will have the ultimate decision making authority on the design.. Any basin proposed on County Parks land will be approved by County Parks. All basins will be maintained by the City. 10. GEOTECHNICAL REOUIREMENTS The recommendations of City's geologist, as stated in their letter of May 28, 1997, shall be performed prior to issuance of grading or building permits. 11. WILLIAMSON ACT CANCELLATION The Williamson Act contract shall be canceled on the affected parcels prior to issuance of building permits and recordation of a final map affecting those areas. 12. ARCHAEOLOGICAL RESOURCES In the event any buried prehistoric materials are uncovered, work in the general vicinity shall stop until the discovery has been inspected and evaluated by a qualified archaeologist. 13. CONSTRUCTION HOURS Construction times are limited to daytime hours (7 a.m. to 8 p.m. on weekdays, 8 a.m. to 8 p.m. on weekends and holidays), except as needed for the performance of emergency work. Construction shall not interfere with access to Rancho San Antonio County Park. Resolution No. 4850 4-TM-97 July 28, 1997 Page -4- 14. VESTING TENTATIVE MAP NOT APPLICABLE Any approved sheets referred to as "vesting tentative map" shall be considered "tentative map." 15. PHASING OF DEVELOPMENT Development/final map recording may be processed individually for Areas 1, 2, 3 and 4. 16. PRIVATE OPEN SPACE AND LINEAR PARKS Use of private open space areas shall be restricted through CC&R's in the following manner: No structures (e.g., buildings, pools, sport courts, retaining walls) are allowed. Landscaping approved as part of the developmi;nt a�proval shall be retained and maintain�3 by the property owner. Additional native trees or plant material may be installed by the homeowner in private open space areas if they are native, drought tolerant, will not create a fire hazard and are not invasive. An approved list of plant materials proposed by the applicant's landscape architect will be included in the CC&R's. If irrigation is used, it shall be drip or bubbler irrigation. Open spaces adjacent to park lands in Areas 3 and 4 adjacent to grasslands shall consist of a 30 foot fire break area, to be maintained by the property owner. The fire breaks will be a continuous band, free of any structures or fencing. The Santa Clara Co. Fire Marshal's office will perform weed abatement services in the fire break areas on a schedule to be determined by the Fire Marshal. Funding of the services will be provided by the benefiting private property owners, through a method to be determined by staff. No gates are permitted between the private and public open space, unless agreed to by Santa Clara Co. parks. If not agreed to, no landscape screening outside the fences is required. In areas with open perimeter fencing, no solid rear yard fencing or solid landscaping is allowed to demarcate the boundary between the developed yard and private open space. Only open fencing is allowed between the developed yard and private open space, perpendicular to perimeter fencing. All open fencing shall be painted with dark, flat paint. No penned animals shall be kept in the private open space. The applicant shall dedicate development rights in the private open space areas to the City of Cupertino, the document to be prepaxed by the applicant and approved by the City Attorney prior to final map recordation. The linear parks are included in the individual lots, not in the right of way. The right-of-way shall be 28'. 17. PUBLIC OPEN SPACE Areas designated as public open space and proposed and alternative neighborhood park shall be transferred to Santa Clara County. An agreement regarding said dedication of open space shall be recorded so that the transfer may occur after recordation of the final map. The County, the developer and the City shall enter into this agreement prior to the recordation of the first phase of the final map. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 18. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. Resolution No. 4850 4-TM-97 July 28, 1997 Page -5- 19. CURB AND GUTTER IMPRO�'�.n��� NTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 20. 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 m�imum height permitted by the zone in which the site is located. 21. FIRE HYDRANT Fire hydrants shall be located as required by the City. 22. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 23. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. Rough grading of all roads and individual lots, and the installation of erosion control measures, shall occur prior to road acceptance. 24. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed. Development shall be served by on site storm drainage facilities connected to the City storm drainage system. 25. 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. 26. IMPROVEMENT AGREEMENT The project developer shall enter into an improvement 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: $1,290 x 52.3 Ac. _$67,467.00 d. Power Cost: $75.00 per street light e. Map Checking Fees: $381 +[(177-4)*(9)] _$ 1,938.00 f. Reimbursement Fee: To be determined prior to recordation of final map Resolution No. 4850 4-T1VI-97 July 28, 1997 Page -6- The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the amount of 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. Reimbursement fees to be determined prior to recording of Final Map. 27. REIMBURSEMENT AGREEMENT WITH FORUM Prior to recordation of the final map, the applicant shall reimburse Forum for improvements pursuant to the Reimbursement Agreement between the Forum and the City executed May 16, 1990, with the amount to be determined by the Director of Public Works,. Should the affected parties disagree with the determination, the applicant shall pay the amount determined and the City immediately will file legal action with the Courts to determine the proper amounts of distribution. The amount will include reasonable offsets for benefits provided to the Forum. 28. TRANSFORMERS Electrical transformers, telephone e�aults and similar above ground equipment �nclosures shall be screened with fencing and/or landscaping or located underground such that said equipment is not visible from public street areas, subject to staff approval. 29. DEDICATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to Cupertino Water and shall reach an agreement with Cupertino Water for water service to the subject development. 30. 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. Provide Sediment & Erosion Control Plan along with the specifications for re-vegetation. 31. NOTICE OF INTENT The applicant must file a Notice of Intent (NOI), as required by the State Water Resource Control Boaxd, 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. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering d surveying conditions specified in Section IV. of this Resolution conform to generally accepte engin ' g act' es. ert Vi v ch, ity ngineer Resolution No. 4850 4-T�VI-97 July 28, 1997 Page -7- PASSED AND ADOPTED this 28th day of July, 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, Mahoney and Chairperson Harris NOES: COlVIMISSIONERS: Roberts ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Doyle ATTEST: APPROVED: .� , . �� !� ����� . Robert S. Cowan Andrea B. Harris, Chairperson Director of Community Development Cupertino Planning Corri��iission g:/pdreport/res/r4tm97