Reso 6374 TM-2005-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6374
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 21,803 SQUARE FOOT LOT
INTO TWO PARCELS, 10,197 SQUARE FEET AND 11,607 SQUARE FEET
RESPECTIVELY AT 21988 MCCLELLAN ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2005-14
Applicant: Jitka Cymbal (Low residence)
Location: 21988 McClellan 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.
Resolution No. 6374 TM-2005-14 February 28, 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-2005-14 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-2005-14, as set forth in the Minutes of Planning Commission Meeting of
February 28, 2006, and are incorporated by reference as though fully set forth herein.
SECTION III: CONbITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approved is based on the tentative map entitled "TENTATIVE MAP, LANDS OF
DANNY LEE, 21988 MC CLELLAN ROAD, CUPERTINO" by Westfall Engineers,
Inc., dated January 2006, and consisting of two sheets labeled pages 1 and 2, except
as may be amended by the conditions contained in this resolution.
2. DEMOLITION
The applicant is required to demolish existing structures in accordance with City
demolition procedures.
3. COVENANT FOR TREE PROTECTION
The applicant shall prepare and record a covenant that runs with the land, prior to
final map approval, acknowledging the protective status of the Coast Live Oak,
Deodar Cedar and the Silk tree identified as #9 in the consulting arborist report ,
dated October 24, 2005, notifying future property owners of the kinds and numbers
of trees protected by City Ordinance and the requirement for a tree removal permit
for these trees. The covenant shall be reviewed and approved by the City Attorney.
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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.
In the event that any trees need to be relocated or removed due to required
improvements, a tree removal application may be made to the Director of
Community Development.
4. TREE PROTECTION BOND
The applicant, prior to approval of the final map and building permit approval, shall
provide a tree protection bond in the amount of $30,000 to ensure protection of
existing trees on the site. The bond shall be returned after completion of
construction, subject to a letter from the City arborist indicating that the trees are in
good condition.
Resolution No. 6374 TM-2005-14 February 28, 2006
Page 3
5. TREE PROTECTION STANDARDS
The applicant shall enter into an agreement with a licensed arborist to oversee the
protection of the three aforementioned trees during construction on the property.
The agreement with the arborist shall reference the recommendations for protection
of the aforementioned trees as presented by Barrie D. Coate and Associates in the
arborist report dated October 24, 2005.
6. 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.
7. RIGHT-OF-WAY-ALIGNMENT
The irregularity of the right-of-way in front of the property shall be evaluated and
portions abandoned if determined by the Director of Public Works that a smoother
transition of property lines is achieved.
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
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, sidewalks and related structures shall be installed in accordance
with grades and standards as specified by the City Engineer.
10. 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.
11. FIRE HYDRANT
Fire hydrants shall be located as required by the City, San Jose Water Company and
Santa Clara County Fire.
Resolution No. 6374 TM-2005-14 February 28, 2006
Page 4
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12. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
( 13. 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.
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14. DRAINAGE
I 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 storm drain calculations are required
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( 15. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City
and Santa Clara County Fire, as needed.
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16. 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.
17. 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: $2,000.00
d.Storm Drainage Fee: $640.71
e. Power Cost: Not Required
f. Map Checking Fees: $3,250.00
g. Park Fees: $15,750.00
h.Street Tree By Developer
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
Resolution No. 6374 TM-2005-14 February 28, 2006
Page 5
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.
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18. TRANSFORMER
� 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.
19. DEDICATION OF WATERLINES
iThe 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.
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20. 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.
PASSED AND ADOI'TED this 28th day of February 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 Miller, Vice-Chair Giefer, Saadati, Wong,
Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
( ABSENT: COMMISSIONERS:
� ATTEST: OVED� _ r
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Steve Piasecki ar y Chairperson
� Director of Community Development Cupertin nning Commission
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