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Reso 6038 7-TM-99 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6038 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 0.96-ACRE PARCEL INTO 7 SINGLE-FAMILY RESIDENTIAL LOTS RANGING IN SIZE FROM 4,629 SQUARE FEET TO 6,526 SQUARE FEET I AND A SEPARATE LOT FOR A PRIVATELY OWNED STREET ` AT 22020 HOMESTEAD ROAD 1 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: i a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. i 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, 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 2 thereof, and Resolution No. 6038 7-TM-99 June 12,2000 Page 2 That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 7-TM-99 as set forth in the Minutes of Planning Commission Meeting of June 12, 2000, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 7-TM-99 Applicant: Hossain E. Khaziri & Michael Aminian ( Property Owner: Hossain E. Khaziri & Michael Aminian Location: 22020 Homestead Road I SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled Tentative Map, Cupertino, California, dated July 28, 1999 and consisting of one sheet, except as may be amended by the Conditions contained in this Resolution. 2. ABANDONED WATER WELLS � The property owner shall seal abandoned or unused wells in accordance with Santa Clara Valley i Water District standards. 3. PARKING ALONG ROADWAYS i Parking shall not be allowed along roadways less than 28 feet in width measured face of curb to face of curb. Parking will be allowed along one side of the street for roadways between 28 and 35 feet in � width measured face of curb to face of curb. Applicant shall sign the no parking side of the street for parking prohibition. i 4. DEMOLITION REQUIREMENT All existing structures on the site shall be removed prior to or concurrently with project construction. The developer shall assume the responsibility to obtain all required demolition permits in accordance with City Ordinances. 5. 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 within the tract. Said agreement shall be 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. 6. TREE PRESERVATION REQUIREMENTS � All specimen sized trees noted for preservation in the arborist report titled: "Evaluation& Preservation Specifications for 13 Trees @ 22020 Homestead Rd., Cupertino, CA" dated 9/14/99 and prepared by Tree Health Professionals, Inc. shall be preserved. A contract shall be entered into with an Internationally Certified Arborist and a copy submitted to staff. The contract will include an agreement to participate in initial site inspection prior to demolition, grading or construction activity to confirm installation of protection measures, participation in plan development which Resolution No. 6038 7-TM-99 June 12,2000 Page 3 ---------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- requires the arborist to be involved prior to building demolition, grading and road construction plans to confirm recommended practices are implemented. The contract shall also require the arborist to submit quarterly written reports to staff confirming site inspections have been made and recommended protection measures have been implemented. A bond in the amount of$60,000 shall be submitted for the protection of all specimen sized trees required to be protected during development. The bond may be released following final inspection by the above reference arborist who shall report in writing to the City the status of the trees and their expectancy of survival. 7. 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. 8. 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 drive 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 at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 9. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 10. 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. 1 l. 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. 12. FIRE HYDRANT Fire hydrants shall be located as required by the City. Resolution No. 6038 7-TM-99 June 12,2000 Page 4 13. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 14. 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. 15. GRADING ` Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. i 16. 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. � 17. 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. ' 18. 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: $1,623.15 d. Power Cost: $75.00 per street light e. Map Checking Fees: $482.00 f. Park Fees: $15,750.00/unit g. Grading Permit: $ 5% of On-site Improvement Cost or $156.00 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. Resolution No. 6038 7-TM-99 June 12,2000 Page 5 ---------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- 19. 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. 20. DEDICATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to California Water Water and shall reach an agreement with California Water for water service to the subject development. 21. 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. CITY ENGINEER'S CERTIFICATE OF , ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS , (Section 66474.18 California Government Code) i 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 I PASSED AND ADOPTED this 12�h day of June, 2000 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& Kwok NOES: COMMISSIONERS: Chairperson Harris ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Doyle & Stevens ATTEST APPROVED: -� �� ,�-� � �-� Steve iasecki Andrea Harris, Chairperson Director of Community Development Cupertino Planning Commission g:\planning\pdreport\res\r7tm99