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Reso 5080 S-TM-99 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 5080 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATE TWO ACRE PARCEL INTO EIGHT LOTS. SECTION I: FINDINGS: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described on Page 1 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 Planning Commission finds that the application meets 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 avoidably injure fish and wildlife or their habitat. 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 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-99 as set forth in the Minutes of Planning Commission Meeting of November 3, 1999 and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: S-TM-99 Applicant: Tom Quaglia: The Riding Group Property Owner: Perusina Family Location: 7816 Festival Drive Resolution No. 5080 (S-TM-99) November 3, 1999 Page -2- SECTION IIL• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the Tentative Map dated, Revised October 4, 1999 (1 Sheet) of Application S-TM-99, except as may be amended by the Conditions contained in this Resolution. 2. HAZARDOUS MATERIALS DISPOSAL Submit in conjunction with your request for a demolition permit proof from the Santa Clara County Fire Department, a Hazardous Materials Facility Closure permit proving that the hazardous materials has been disposed of properly. 3. WATER WELL CAP REQUIREMENT Submit in conjunction with your roadway improvement plans proof from Santa Clara Valley Water District that the water well has been capped in accordance with their ordinance 90-1 (Destruction Permit). 4. TREE PROTECTION The specimen Oak (#23), Bay (#24) and Coast Redwood trees (#21,22, 84), as identified in the Arbor Care report dated April 1999, shall be preserved through construction. An Internationally Certified Arborist shall submit a relocation and construction preservation plan in conjunction with the request for a demolition permit. A bond in the amount of $20,000 shall be submitted at this time. The Arborist shall submit to the City a quarterly statement indicating that their preservation plan is being implemented according to their recommendations. Upon completion of construction and before the final occupancy permit is issued, the Arborist shall submit to the city a statement that the protected trees will survive the construction. If the trees are not going to survive, the bond shall be forfeited and the applicant shall plant, at a 2:1 replacement, 36" box native trees. The planting shall occur prior to issuance of the final occupancy permit. 5. ANNEXATION Annexation is required prior to issuance of the demolitian or roadway improvement permits. 6. NOISE PROTECTION The noise recommendations contained in the Environmental Service report dated April 20, 1999, shall be integrated into the building permit construction drawings. Resolution No. 5080 (S-TM-99) November 3, 1999 Page -3- SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 7. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 8. 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. 9. 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. 10. FIRE HYDRANT Fire hydrants shall be located as required by the City. 11. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 12. 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. 13. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 14. 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. 15. LINDERGROUND 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. 5080 (S-TM-99) November 3, 1999 Page -4- 16. 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. Fees: a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,975.00 min. b. Development Maintenance Deposit: $ 3,000.00 c. Storm Drainage Fee: $ 1,290.00/acre d. Power Cost: $ 75.00 per street light e. Map Checking Fees: $ 504.00 f. Park Fees: $ 15,750.00/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. 17. 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. 18. DEDICATION OF WATERLINES The developer shall execute a quitclaim deed for underground water rights to San Jose Water Company and shall reach an agreement with San Jose Water Company for water service to the subject development. 19. 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. Resolution No. 5080 (S-TM-99) November 3, 1999 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 III of this Resolution conform to generally accepted engineering practices. /s/ Bert Viskovich Bert Viskovich, City Engineer PASSED AND ADOPTED this 3rd day of November, 1999, at a special meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Harris, Kwok, Stevens and Chairman Doyle NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Corr ATTEST: APP ED: C.IJ�Tf� � �� �s9 Robert S. Cowan David Doyle, Chairma Director of Community Development Cupertino Planning Commission b/p I an n i n g/res/5 tm 99