Reso 4924 1-TM-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4924
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE AN EXISTING PARCEL
TOTALING 4.55 ACRES INTO THREE PARCELS.
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 Genera( 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 and its associated improvements will not contlict 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 bascd
and contained in the Public Hearing record concerning Application No. 1-TM-98 as set forth in tl�e
minutes of Planning Commission Meeting May 11, 1998, and are incorporated by reference as though
fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 1-TM-98
� Applicant: Quality Design Concepts (Walgreens)
Location: 10795 S. Blaney & 20075 Bollinger
Resolution No. 4924 1-TM-98 May 11, 1998
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DCI'T.
1. APPROVED EXHIBITS
The recommendation of approval is based on the exhibit labeled Tentative Map by Giuliani ancl
Kull, Inc., dated May 4, 1998.
2. LJNIFORM BUILDING CODE
Protected openings shall be provided between 5-10' of the property line between buildin�s I3 & C
or the glazing within 10' of the property line between buildings B& C shall be removed, to tl�c
satisfaction of the building department, within 60 days of final map recordation. A bond in thc
amount of $10,000 shall be posted at the time of final map recordation in order to cnsurc
compliance.
3. 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 drivc 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 in conjunction with the recordation of the final map, and shall be subject to prior
approval as to form and content by the City Attorney.
4. 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. Said agreement shall bc
, 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.
� 5. LIGHTING MAINTENANCE AGREEMENT
� A reciprocal lighting maintenance agreement shall be required for all parcels which share
� common lighting facilities with one or more other parcels. Said agreement shall be recorded iil
� conjunction with recordation of the final map, and shall be subject to prior approval as to form
� and content by the City Attorney.
6. OFF STREET PARKII�TG
A reciprocal parking agreement shall be required for all parcels which share common parkin�
facilities with one or more other parcels. Said agreement shall provide parking at a ratio of onc
space for every 250 square feet of gross floor area for general commercial use or a minimum ol�
� 55 spaces for Walgreen, 184 for the 40,018 retail center. Restaurant uses will need to provide on-
� site parking as required by Chapter 19.100 of the Cupertino ordinance. The a�;reement shall bc
� 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.
1 7. BICYCLE PARKING
A reciprocal bicycle parking installation and maintenance agreement shall be required for all
parcels which share bicycle parking facilities with one or more other parcels for the installation ot'
ResolutionNo.4924 1-TM-98 May 11, 1998
Page -3-
3 Class II bicycle parking facilities equal to 5% of the new parking demand provided uncier
application 11-U-97. Said agreement shall be recorded in conjunction with recordation of thc
final map, and shall be subject to prior approval as to form and content by the City Attorney.
8. LANDSCAPE MAINTENANCE
A reciprocal landscape maintenance agreement shall be required for the installation and
maintenance of landscaping for all parcels which share landscaping with one or more other
parcels. Said agreement shall be recorded in conjunction with recordation of the tinal map, and
shall be subject to prior approval as to form and content by the City Attorney.
9. RECYCLING AND GARBAGE FACILITIES
A reciprocal recycling and garbage agreement shall be required for the installation and
maintenance of recycling and garbage facilities for all parcels which share garba�e and re;cyclin�;
facilities with one or more other parcels. Said agreement shall include a trash enclosure plan for
the existing businesses that utilize the access driveway on the western boundary of tlie project.
The plan shall ensure the retention of the parking spaces located to the rear of the stores. "1'hc
Agreement shall be recorded in conjunction with recordation of the tinal map and shall bc subject
I to prior approval as to form and content by the City Attorney.
�
� 10. SOUND WALL
A reciprocal agreement for the installation and maintenance of a 8' sound wall to be installed on
the north boundary line of parcels B& C , as required in application 11-U-97 shall be requircci.
Said agreement shall be recorded in conjunction with recordation of the tinal map and shall bc
subject to prior approval as to form and content by the City Attorney.
�
� 11. CONSTRUCTION OF SOUND WALL AND CONTROL GATE
� An 8' ft. high sound wall shall be installed on the north boundary line of the subject site and thc
existing access port to La Roda Court shall be closed. A gate to control delivery times shall bc
installed on Parcel B. It shall be operated on a daily basis pursuant to delivery time constraints
defined by the Municipal Code. The gate locking mechanism shall be approved by the County
Fire District. The sound wall shall be constructed within 60 days of recordation of the tinal map.
� A bond in the amount of $30,000 shall be posted concurrent with the recordation ot the linal map
` to ensure installation. Ifthe Walgreens is constructed (11-U-97) , the gate shall be installed in
November 1999. A$10,000 bond shall be posted concurrent with the recordation of the tinal
map to ensure installation. A covenant shall be recorded in conjunction with recordation of thc
final map and shall be subject to prior approval as to form and content by the city attorney.
� 12. TRUCK DELIVERIES
� A reciprocal agreement for the installation and maintenance of a gate with a control delivery timer
� to the rear of building B shall be required. The agreement shall include a keep clear corridor be
� developed to allow access to rear parking areas. Said agreement shall be recorded in conjunction
with recordation of the final map and shall be subject to prior approval as to form and contcnt hy
� the City Attorney.
Resolution No. 4924 1-TM-98 May 11, 1998
Page -4-
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
13. STREET WIDENING
� Street widening, improvements and dedications (10' - Blaney Avenue, 25' - Bollinger Rd) shall be
provided in accordance with City Standards and specifications and as required by the City
, Engineer.
Bus turn-out shall be provided in accordance with the standards and requirements of Santa Clara
� County Valley Transit Agency.
� 14. 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.
► 15. STREET LIGHTING INSTALLATION
� Street lighting shall be installed and shall be as approved by the City Engineer. Lighting tixtures
� shall be positioned so as to preclude glare and other forms of visual interference to adjoinin�;
` properties, and shall be no higher than the maximum height permitted by the zone in which the
� site is located.
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16. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
17. TRAFFIC SIGNS
i Traffic control signs shall be placed at locations specified by the City.
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i 18. STREET TREES
j 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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� 19. GRADING
� Grading shall be as approved and required by the City Engineer in accordance with Chapter l 6.08
( of the Cupertino Municipal Code.
20. 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.
A parallel storm line is required northerly of the subject property at 18" diameter from manhole
� 508A to 507 of the approved master storm drain plan at approximately 700 lineal feet.
Resolution No. 4924 1-TM-98 May 1 l, 1998
Page -5-
21. UNDERGROLTND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinancc No.
331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinatc
, 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 �rior
approval of the affected Utility provider and the City Engineer.
22. 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 fces, storm
' drain fees, park dedication fees and fees for undergrounding of utilities. Said a�reement shall bc
executed prior to issuance of construction permits.
Fees:
i a. Checking & Inspection Fees: $ 6% of Improvement Cost or $1 ,91 g.00 Illllllllllllll
b. Development Maintenance Deposit: $ 3,000.00
� c. Storm Drainage Fee: $ 2,420/acre = 9,746.92
� d. Power Cost: $ 75.00 per street light
e. Map Checking Fees: $ 419.00
f. Park Fees: N/A
-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 cha�i�es, the (
changed at that time will reflect the then current fee schedule.
23. TRANSFORMERS
� Electrical transformers, telephone vaults and similar above ground equipment enclosures shall bc
screened with fencing and landscaping or located underground such that said equipment is not
( visible from public street areas.
� 24. DEDICATION OF WATERLINES
j The developer shall execute a quitclaim deed for underground water rights to Saii .Iose Water
Company and shall reach an agreement with San Jose Water Company for water service to thc
subject development.
25. NOTICE OF INTENT
The applicanr 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 thc
utilization of storm water BMP's.
ResolutionNo.4924 1-TM-98 May 1l, 1998
Page -6-
26. 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 the �radin�;
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 and surveying conditions specified in Section IV of this
Resolution conform to generally accepted engineering practices.
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' Bert Viskovich, City Engineer
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PASSED AND ADOPTED this l lth day of May, 1998, at the Regular Meeting of the Plannin�
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Harris, Chairwoman Austin, Stevens
, NOES: COMMISSIONERS: Doyle
, ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
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I ATTEST: APPROVED:
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Robert S. Cowan Donna Austin, Chairwoman
Director of Community Development Cupertino Planning Commission
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