Reso 6058 03-TM-00
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6058
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 0.53 ACRE PROPERTY INTO
9 LOTS TO ACCOMMODATE AN 8-UNIT TOWNHOME PROJECT LOCATED AT
10060 SOUTH STELLING ROAD AND 10051 BIANCHI WAY
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 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 approved, subject to the conditions which are enumerated
in this Resolution beginning on Page 2 thereof, and
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That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application No. 03-TM-00 as set forth in the
minutes of Planning Commission Meeting October 9, 2000, and are incorporated by reference as
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 03-TM-00
Applicant: Stanley Wang
Location: 10960 S. Stelling Road& 10051 Bianchi Way
Resolution No. 6058 03-TM-00 October 9, 2000
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the exhibits titled: "TENTATIVE MAP COLLEGE
VILLA 10060 S. STELLING ROAD, CUPERTINO" and "GRADING, DRAINAGE &
INPROVEMENT PLAN COLLEGE VILLA" dated September 2000 and consisting of two
sheets labeled sheet 1 of 2 and 2 of 4.
2. 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 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.
3. 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 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.
4. RETAINING WALL LOCATION
Locations of retaining walls shall be reviewed and approved by the Community Development
Director to ensure they do not interfere with the use permit approved landscape plan.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
5. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
6. 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.
7. 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.
16. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
Resolution No. 6058 03-TM-00 October 9, 2000
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17. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
18. 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.
19. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
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.
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The developer must design site drainage to accommodate a 10-year flood event through either
surface drainage or a pipe system, as the applicant is proposing. The site must also be able to
accommodate an event over the 10-year event through surface drainage. Overland release and
private storm drainage easements are required to allow storm run-off from parcels 1 through 6
and 9 to flow through the Bianchi Way parcels.
21. UNDERGROLJND 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.
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 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 minimum
b. Grading Permit $ 5% of Site Improvement Cost or $460.00 min.
b. Development Maintenance Deposit: $ 3,000.00
c. Storm Drainage Fee: $ 926/acre + ($70 x 9)
Resolution No. 6058 03-TM-00 October 9, 2000
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d. Power Cost: $ 75.00 per street light
e. Map Checking Fees: $ 513.00
f. Park Fees: $ 9,000.00/dwelling unit minus credit of 2 units
for existing housing
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor and Material Bond: 100% of Off-site and On-site Improvements
c. On-site Grading Bond: 100% of site improvements
-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
I 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.
23. 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.
24. 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
subj ect development.
25. 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 grading
and street improvement plans.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
� I hereb certi that the en ineerin and surveying conditions specified in Section IV of this
Y fY g g
Resolution conform to generally accepted engineering practices.
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i Raymond ong, Acting City ngineer
PASSED AND ADOPTED this 9th day of October, 2000, at the Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
Resolution No. 6058 03-TM-00 October 9, 2000
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AYES: COMMISSIONERS: Corr, Doyle, Kwok and Vice Chairperson Stevens
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Harris
ATTEST: PPROVED:
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Steve iasecki J rry St vens, Vice Chair
Director of Community Development Cupertino Planning Commission
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