Reso 6357 THIS PART O�
T� PRO.TECT TM-2005-06
H�iS �EEN CITY OF CUPERTINO
�SCIN-��D 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6357
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 5.19 ACRE PARCEL INTO
CONDOMINIUM AND COMMON PARCELS FOR A 156 UNIT ATTACHED
CONDOMINIUM DEVELOPMENT AT 10123 N. WOLFE ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2005-06, EA-2005-10
Applicant: Mike Rohde (Vallco Fashion Park)
Location: 10123 N. Wolfe Road
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
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 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.
I
I
Resolution No.6357 TM-2005-06 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-2005-06 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-2005-06, 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
Approved is based on the tentative map entitled "TENTATIVE MAP, LANDS OF
DR. X. SUN, 21989 LINDY LANE, CUPERTINO" by Westfall Engineers, Inc., c�atec�
October 2005, and consisting of one sheet labeled 1 of 1, �xcept as may be amendec�
Uy the conditions contained in this resolution.
2. DEED RESTRICTION ON LOT #1 BUILDING FLOOR AREA
In conjunction with the final map approval, the applicant shall record a covenant on
Lot #1 restricting the maximum square footage of building area, including garage
and any accessory structures to no more than 3,200 square feet. The City Attorney
shall review and approve the form of the development restriction prior to
recordation.
3. MAP RESTRICTION ON FUTURE SUBDIVISION OF PROPERTY
In conjunction with the final map approval, the applicant shall record an
appropriate legal instrument that prohibits further subdivision of the land beyond
the three lots approved by this tentative map. The City Attorney shall review and
approve the form of the development restriction prior to recordation.
4. SLOPE EASEMENT
In conjunction with the final map approval, the applicant shall delineate on the final
map and record a slope easement across the Lindy Lane property frontage of each
proposed lot. The purpose of the slope easement is to preserve existing landforms,
and maintain existing trees and vegetation, precluding any future developments or
improvements in this area, except for necessary undergrounding of utility lines that
do not adversely affect the specimen size native oak trees or the location and
development of a driveway for a residence on Lot #1.
Resolution No.6357 TM-2005-06 January 10, 2006
Page 3
5. TREE REMOVAL AND PRESERVATION
No trees are authorized for removal as part of the tentative map approval. Tree
removal and replacement will be evaluated when a new residence is actually
proposed to the City.
Prior to final map approval, a covenant shall be recorded on the property, notifying
future property owners of the kinds, numbers and locations of specimen trees on the
property protected by City Ordinance and the requirement for a tree removal permit
to remove such trees. The covenant shall be reviewed and approved by the City
Attorney.
Prior to building permit approval, a tree protection bond is required for all trees
slated for preservation.
6. DRIVEWAY MAINTENANCE AGREEMENT
Prior to final map approval, a driveway maintenance agreement shall be recorded for
the existing driveway benefiting the two lots.
7. CONSTRUCTION MANAGEMENT PLAN
A comprehensive construction operation plan must be submitted to the City for
review and approval prior to issuance of grading and building permits addressing
the following:
• Staging area
• Tree protection
• Construction hours and limits
• Construction vehicle and truck routes
• Dust and erosion control
• Garbage and debris container location and pick up schedule
• Signage advising contractors of the restrictions
• Construction equipment and construction vehicle parking locations
In addition to the construction management plan described above, the following
additional construction activity limitations apply:
• No grading is allowed during the rainy season-October through April.
• On Saturdays, grading, street construction, demolition, underground utility
work and other construction work that directly involves motorized vehicular
equipment are prohibited.
• On Sundays, construction is prohibited.
Resolution No.6357 TM-2005-06 January 10, 2006
Page 4
8. DEVELOPMENT STANDARDS
The project and future developments shall adhere to the RHS Ordinance or the R1
Ordir�ance, whichever specific regulation in each ordinance is more restrictive.
9. 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.
10. ADDITIONAL GEOTECHNICAL INVESTIGATIONS
Prior to the approval of grading or building permits, a detailed geotechnical,
design-level investigation shall be performed for each lot proposed for
development in accordance with the recommendations outlined in a letter from
Cotton Shires & Associates to Aki Honda, Cupertino City Planner dated March 25,
2005.
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
11. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
12. 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. Sidewalks are prohibited.
13. 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.
14. FIRE HYDRANT
Fire hydrants shall be located as required by the City, Santa Clara County Fire and
San Jose Water Company.
15. TRAFFIC SIGNS
Resolution No.6357 TM-2005-06 January 10, 2006
Page 5
Traffic control signs shall be placed at locations specified by the City.
16. 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. No grading shall be permitted
during the City's rainy season October through April.
17. 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.
* Pre and Post Development Calculations are required
18. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City and Santa Clara County Fire, as needed
19. 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.
20. 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 ar$2,785.00
min.
b. Grading Permit: $5% of Site Improvement Cost
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: TBD
Resolution No.6357 TM-2005-06 January 10, 2006
Page 6
e. Power Cost: �*
f. Map Checking Fees: $3,250.00
g. Park Fees: $31,500.00
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.
21. 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.
22. 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.
23. 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.
Resolution No.6357 TM-2005-06 January 10, 2006
Page 7
PASSED AND ADOPTED this 10th 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: APPROVED:
f s/Steve Piasecki /s/Gilbert Wong
Steve Piasecki Gilbert Wong, Chairperson
Director of Community Development Cupertino Planning Commission
g/planning/pdreport/res%1'M-2005-06 res.doc