Reso 6351 TM-2005-13
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6351
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A .9 ACRE PARCEL INTO FOUR
PARCELS, RANGING FROM APPROXIMATELY 7,500 TO 9,200 SQUARE FEET AT
21713, 21731 AND 21711 ALCAZAR AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2005-13
Applicant: James Chen
Location: 21713, 21731 & 21711 Alcazar Ave
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision Map as described in Section I 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
Conlmission 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 harm 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.
Resolution No. 6351 TM-2005-13 January 10, 2006
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application TM-2005-13 for a Tentative Map is hereby
approved as modified, 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 TM-2005-13, as set forth in the Minutes of Planning Commission Meeting of
January 10, 2006, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
This approval is based on the exhibits entitled "Tentative Map, Four Parcels Subdivision,
Alcazar Place" consisting of the tentative map (Sheet 1) and preliminary grading plan (Sheet
C-1) dated November 16, 2005, revised December 29, 2005, except as amended by the
conditions contained in this resolution.
2. PRIVATE STREET ALIGNMENT
Prior to final map, the applicant shall reconfigure the map by narrowing the private street to a
maximum width of 20 feet, for a distance of 20 feet in length along Parcel l, beginning at the
entrance to the private street from Alcazar Avenue. The private street may be widened to 29
feet in width past the first 20 feet in length to allow space for street parking along the west
side of the private street.
3. DEMOLITION
All existing structures shall be demolished prior to recordation of the final map, in
accordance with City demolition procedures.
4. 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.
Resolution No. 6351 TM-2005-13 January 10, 2006
Page 3
5. COVENANT FOR TREE PROTECTION
a. The applicant shall prepare and record a covenant that runs with the land,
prior to final map approval, acknowledging the protective status of the
English Walnut Tree (#28 on tree survey), Deodar Cedar (#11), two Southern
Magnolias (#1 and #2), and the Windmill Palm (#10) on the subject site. The
covenant shall also notify future property owners of these trees to be
protected, the requirements of the Heritage and Specimen Trees Ordinance
and that approval of a tree removal permit is required prior to removal of any
of these trees. The covenant shall be reviewed and approved by the City
Attorney.
b. All protected trees on site shall be fenced off during construction, watered on
a regular basis and no trenching shall be done within 6' of the tree trunks.
c. In the event that any trees need to be relocated or removed due to required
improvements, a tree removal application shall be made to the Director of
Community Development.
d. The applicant shall post notices on all protective fencing around trees to be
protected and retained on the subject property, stating that such trees are to
be protected and retained.
e. The applicant shall comply with all tree protection measures recommended in
the arborist report prepared by Barrie D. Coate and Associated dated October
11, 2005, including instructions that no material storage and/or dirt be stored
beneath the tree canopies of protected trees.
6. TREE PROTECTION BOND
The applicant, prior to approval of the final map, shall provide a tree protection
bond in the amount of $10,000 to ensure protection of existing trees on the site.
The bond shall be returned after recordation of the final map, subject to a letter
from the City arborist indicating that the trees are in good condition.
7. BELOW MARKET RATE HOUSING
Applicant shall comply with the policies in the City's Below Market Rate Housing
Manual.
Public Works Conditions:
8. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
9. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
Resolution No. 6351 TM-2005-13 January 10, 2006
Page 4
10. FIRE HYDRANT
Fire hydrants shall be located as required by the City, San Jose Water Company
and Santa Clara County Fire.
11. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
12. 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.
13. DRAINAGE
Drainage shall be provided to the satisfaction of 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.
Drainage shall be self-sustaining on the project site to the extent possible. The
applicant shall install improvements that employ detention/retention of storm
water, such as interlocking pavers and paving on site, to the satisfaction of the
City Engineer. Catch basins, as required by the City Engineer, shall be installed in
the private street.
*Pre and Post storm drain calculations are required
14. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City and Santa Clara County Fire, as needed.
15. 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 unclerground provisions. Said plans shall be subject to prior approval of the
affected Utility provider and the City Engineer.
Resolution No. 6351 TM-2005-13 January 10, 2006
Page 5
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 under
grounding 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
$2,785.00 min.
b. Grading Permit: $ 6% of Site Improvement Cost or
$2,000.00 min.
c. Development Maintenance Deposit: $3,000.00
d. Storm Drainage Fee: $ 1,273.91
e. Power Cost: **
f. Map Checking Fees: $6,750.00
g. Park Fees: $ 15,750.00
h. Street Tree By Developer
**Based on the latest effective PG&E rate schedule approved by the Public Utility
Commission (P.U.C.)
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site
Improvements
b. Labor & Material Bond: 100% 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.
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 dedicate to the City all waterlines and appurtenances installed
to City Standards and shall reach an agreement with San Jose Water for water
service to the subject development.
Resolution No. 6351 TM-2005-13 January 10, 2006
Page 6
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. Erosion and or
sediment control plan shall be provided.
20. DRIVEWAY EASEMENT
The developers of Parcels 1,2,3 and 4 shall prepare a reciprocal driveway
easement agreement, approved by the City Attorney, which shall be recorded
prior to recordation of the final map.
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PASSED AND ADOPTED this 10� day of January 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chairperson Wong, Vice-Chair Miller, Saadati, Giefer
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: ��'� 1 APPROVED:
/ � �/ `i
� , 't , ��%l�'�' .� t�
Steve Piasecki Gilbert Wong, Chairper
Director of Community Development Cupertino Planning Co�riinission
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