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Reso 6068 02-TM-00 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 6068 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE TWO PARCELS (3.01 ACRES) 1NT0 8 SINGLE FAMILY PARCELS WITH AN AVERAGE LOT SIZE OF 7,800 SQUARE FEET IN AN R1-6 ZONING DISTRICT AT 7825 & 7851 ORION LANE 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. ' fl 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 02-TM-00 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 O1-TM-00, as set forth in the Minutes of Planning Commission Meeting of December 11, 2000, and are incorporated by reference as though fully set forth herein. Resolution 6068 02-TM-00 December 11, 2000 Page -2- SECTION II: PROJECT DESCRIPTION Application No.: 02-TM-00 (22-EA-00) Applicant: Kelly Gordon Development Corporation Location: 7825 & 7851 Orion Lane SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the tentative map dated October 5, 2000, except as may be ainended by conditions in this resoltuion. 2. TREE PROTECTION Trees shall be protected or relocated as shown on the tentative map. The 20" cedar adjacent to lot 5 shall be protected, and the final map shall be modified to realign the sidewatk to go around the tree. Any specimen oak trees not shown in the Regnart Creek area shall also be protected. An internationally certified arborist shall provide an evaluation of the oak trees on the north side of the bank and any special protection needed for the exposed roots, as well as a schedule for implementation of any special protection measures, if needed, prior to recordation of the final map. Trees shall be protected during demolition and construction with chain-link fencing around tlle drip-line. The 14" oak removed in the new right-of-way shall be replaced atong the Orion Lane frontage with a 48" oak tree. A bond in the amount of$20,000 shall be submitted to ensure tree protection. The bond may be released following receipt of a report by an internationally certitied arborist that the trees have been adequately protected during development and are expectcd to survive. 3. CREEK RESTORATION The creek restoration plan shall be reviewed and approved by the Santa Clara Valley Water District prior to recordation of the final map. 4. DEMOLITION REQUIREMENTS Existing structures shall be demolished prior to recordation of the final map. 5. RETAINING WALL MATERIAL The retaining wall material shall be split-face block. 6. DISPOSAL OF PAINT CANS AND CHEMICALS Paint cans and chemicals shall be disposed of in accordance with the recommendation of the Site Assessment Report (Advance Soil Technology, Inc.) dated September 2000. 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 Resolution 6068 02-TM-00 December 11, 2000 Page -3- 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. SHERIFF'S REVIEW The developer shall incorporate any sherif�s recommendations regarding security and safety issues related to the trail and creek corridor. 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. 11. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting flxtures 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. 13. INTERSECTION IMPROVEMENTS The Developer shall install a stop sign, stop line and markings on Wallin Court. The Traftic Safety Committee shall consider installing additional stop signs at Milky Way and Orion Lane, and shall make a recommendation to the City Council. The Developer shall pay for any Wallin Court, Milky Way and Orion Lane intersection or private/frontage improvements, including any modifications required to create a "T" intersection for safety reasons, as determined by the Director of Public Works. 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. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 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 the City Engineer deems storm drain facilities necessary. Development in all other zoning districts shall be served by on site Resolution 6068 02-TM-00 December 11, 2000 Page -4- 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. No drainage discharge shall flow over land potentially causing bank erosion along Regnart Creek. The Director of Public Works and the Santa Clara Valley Water District must approve the tinal drainage design. 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. Fees: a. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost or$1,975.00 minimum b. Grading Permit: $ 5% of Site Improvement Cost c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: $ 1,290/ACRE e. Power Cost: $ 75 per street light f. Map Checking Fees: $ 504.00 g. Park Fees: $ 15,750.00 per lot minus credit for 2 existing residences Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor& Material Bond: 100°/a of Off-site and On-site Improvement 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 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. 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. Resolution 6068 02-TM-00 December 11, 2000 Page -5- 20. 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 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. Erosion and or sediment control plan shall be provided. 22. WALKWAY/PATHWAY The developer shall design and construct a walkway/pathway that is no less than 4' and no greater than 8' in width from the northerly portion of the property on Orion Lane. In addition, this walkway/pathway shall be constructed generally along the alignment of Regnart Creek to join with the Santa Clara Valley Water District property at Orogrande Place, and shall include fencing for safety purposes. This final design must be completed and approved prior to the recordation of the final map. Construction must be completed at the same time as the street improvements. Both design and construction shall be to the satisfaction of the Director of Public Works and the Santa Clara Valley Water District 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. �� Ralph Qualls, Director of Public Worlcs PASSED AND ADOPTED this llth day of December, 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, Doyle, Kwok, Stevens and Chairperson Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTES : APPROVED: _ � �i�/ - Steve Piasecki Andrea Harris, Chairperson Director of Community Development Cupertino Planning Commission