Reso 5069 3-TM-99
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 5069
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 14,661 SQUARE FOOT PARCEL INTO
EIGHT LOTS FOR AN APPROVED TOWNHOUSE DEVELOPMENT AT 7359 RAINBOW
DRIVE
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 thraugh 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 3-TM-99 for a Tentative Map is hereby 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 3-TM-99, as set forth in the
Minutes of Planning Commission Meeting of September 13, 1999, and are incorporated by reference as
though fully set forth herein.
Resolution 5069 3-TM-99 September 13, 1999
Page -2-
SECTION II: PROJECT DESCRIPTION
Application No.: 3-TM-99, (14-EA-99)
Applicant: Judy Chen
Location: 7359 Rainbow Drive
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
The recommendation for approval is based upon the submitted exhibits labeled Sheet 1 and dated
5/28/99, except as revised by these conditions of approval.
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. TREE PROTECTION
The Deodor Cedar located at the northwest corner of the subject property shall be protected by
maintaining natural grade surrounding the tree. The landscape design maintaining natural grade
shall be approved by staff in consultation with the project arborist. A contract shall be entered into
with an Internationally Certified Arborist and a copy submitted to staff. The purpose of the
contract will include an agreement to participate in initial site inspection prior to demolition,
grading or construction activity to confirm protection measures are in place, participation in plan
development which requires the arborist be involved prior to building demolition, grading and road
construction plans to confirm recommended practices are proposed. The contract shall also require
that the arborist submit quarterly reports to staff confirming site inspections have been completed
and recommended protection measures are being met. A bond in the amount of$10,000 shall be
submitted for all specimen sized trees required to be protected during development (demolition,
grading and construction). This money may be released following final inspection (24 months
following the final building inspection) by the above referenced arborist. The arborist shall submit
in writing a report stating the trees have been adequately protected during construction and have
not been adversely affected by the construction. Should the Deodor Cedar die due to poor health,
the applicant shall replace the Deodor Cedar with a 36" box tree, which will grow within the
confined space. The location of the replacement tree shall be approved by staff.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
4. STREET IMPROVEMENTS
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
Resolution 5069 3-TM-99 September 13, 1999
Page -3-
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.
i
6. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be 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.
7. FIRE HYDRANTS
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.
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 the City Engineer deems storm
drain facilities necessary. 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. Drainage
from neighboring properties at northeastern edge shall not be impeded during or after construction
in order to preserve the natural flow along existing storm and sewer easement.
12. LTNDERGROUND 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.
Resolution 5069 3-TM-99 September 13, 1999
Page -4-
Fees:
a. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost or $1,975.00 minimum
b. Development Maintenance Deposit: $ 3,000.00
c. Storm Drainage Fee: $ 926/acre+ ($70 X 7) _ $802.00
d. Power Cost: $75.00 per streetlight
e. Map Checking Fees: $459.00
f. Park Fees: $9,000.00/lot
g. Grading Permit: 5% of on-site improvement Cost or $156.00 min.
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.
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 WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water Works for water service to the subject
development.
16. FIRE ACCESS LANES
( Emergency fire access lanes shall be recorded as fire lane easements on the final map and shall
meet Central Fire District standards.
17. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources Control
Board, for construction activity that 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 and surveying conditions specified in Section IV. of this
Resolution conform to generally accepted engineering practices.
Bert Viskovich, City Engineer
Resolution 5069 3-TM-99 September 13, 1999
Page -5-
PASSED AND ADOPTED this 13''' day of September, 1999, at a Regular Meeting of the Planning
� Commission of the City of Cupertino, State of California, by the following roll call vote:
(
AYES: COMMISSIONERS: Corr, Harris, Stevens, Chairman Doyle
� NOES: COMMISSIONERS: Kwok
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPR D:
��%�'?�`:F�F'_'-F_�� '1% �%\?� ,r. j �
Robert S. Cowan David Doyle, Chairman
Director of Community Development Cupertino Planning Commission
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