Reso 4992 � S-TM-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4992
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO
SUBDIVIDE A 5.96-ACRE LOT INTO 10 LOTS, RANGING IN SIZE
FROM 6,120 SQUARE FEET TO 9,000 SQUARE FEET, AND
A REMAINDER LOT FOR THE CHURCH
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�iibits, testimony and other evidence submitted in this
matter, the application for a Tentative Map is hereby recommended for approval, 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 S-TM-98 as set forth in the
Minutes of Planning Commission Meeting of November 23, 1998, and are incorporated by reference as
though fully set forth herein.
Resolution No. 4992 S-TM-98 November 23, 1998
Page -2-
SECTION II: PROJECT DESCRIPTION
Application No.: S-TM-98
Applicant: Stanley Wang
Property Owner: First Baptist Church of Cupertino
Location: 10505 Miller Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the Tentative Map titled "Tentative Map — Portion
PCL. B, P.M. 131 M 39, dated October, 1998 and consisting of one sheet, except as may be
amended by the Conditions contained in this Resolution.
2. TREE PROTECTION
All specimen-sized trees shall be retained. The applicant shall provide a plan for preservation of
said tree prior to issuance of building permits. The plan shall include graphic depiction of
protection devices to be installed along the dripline perimeter of each tree for the duration of
demolition, grading and construction activities. A bond in the amount of $20,000 shall be placed
to assure protection of said trees during construction. The bond will be released if an
internationally certified arborist confirms that the tree was not damaged during construction.
3. HISTORIC MCCUBBIN HOUSE RELOCATION
The applicant shall obtain use permit approval prior to any demolition or relocation activities
involving the McCubbin Residence and its accessory structures.
4. 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.
4. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 9 dwelling units from the "Undesignated Pool"
category of the Residential Development Priorities Table, General Plan page 2-9.
5. BELOW MARKET RATE UNITS
The project is subject to the requirements of the Housing Mitigation Manual.
Resolution No. 4992 S-TM-98 November 23, 1998
Page -3-
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
7. 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.
8. 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.
9. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
10. TR.AFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
11. 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.
12. GR.ADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code.
13. 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.
14. 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.
Resolution No. 4992 S-TM-98 November 23, 1998
Page -4-
15. 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 $1,975.00 minimum
b. Development Maintenance Deposit: $3,000.00
c. Storm Drainage Fee: $1,290./acre
d. Power Cost: $ 75.00 per street light
e. Map Checking Fees: $ 473.00
f. Park Fees: $15,750.00 per unit
g. Grading Permit $ 5% of on-site improvement cost or $460.00 minimum
-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.
16. TR.ANSFORMERS
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.
17. DEDICATION OF WATERLINE
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.
18. BESTMANAGEMENT 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.
20. REMAINDER PARCEL
Remainder Parcel is allowed for a lot that is not subdivided for the purpose of sale, lease or
financing per Section 66424.6 of the Subdivision Map Act. A Certificate of Compliance or
Conditional Certificate of Compliance shall be required on this parcel at the time of sale, lease or
financing and all fees and required improvements shall be paid and constructed to the City at the
time of application.
Resolution No. 4992 S-TM-98 November 23, 1998
Page -5-
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.
Bert Viskovich, City Engineer
PASSED AND ADOPTED this 23rd day of November 1998, at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Stevens & Chair Austin
NOES: COMMISSIONERS: Harris
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle, Mahoney
ATTEST: APPROVED:
'� `��
Robert S. Cowan onna Austin, Chairwoman
Director of Community Development Cupertino Planning Commission
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