Reso 6386 TM-2006-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
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RESOLUTION NO. 6386
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE PARCEL MAP TO SUBDIVIDE A 0.24-ACRE PARCEL
INTO ONE 0.11-ACRE PARCEL, A 0.9-ACRE AND A 0.04-ACRE REMAINDER
PARCEL AT 10067 BIANCHI WAY
SECTION I: PROTECT DESCRIPTION
� N .: TM-2006-04
Application o
Applicant: James Chen (for David and Cathy Tsang)
Location: 10067 Bianchi Way (APN: 395-07-023)
I 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 is not likely to cause serious public health problems.
� NOW, THEREFORE, BE IT RESOLVED:
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That after careful consideration of maps, facts, exhibits, testimony and other evidence
I submitted in this matter, the application TM-2006-04 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
Resolution No.6386 TM-2006-04 May 9, 2006
Page 2
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-2006-04, as set forth in the Minutes of Planning Commission Meeting of
May 9, 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 exhibit entitled "Tentative Map, 10067 Bianchi Way,
Cupertino, California" consisting of one sheet and dated February 23, 2006, except
as amended by the conditions contained in this resolution.
2. 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 all trees on the property
with a trunk diameter of 6 inches or more measured at a height of 4.5 feet from
natural grade, excluding fruit trees. Such protected trees are subject to city tree
removal procedures as specified in Cupertino Municipal Code Section 14.18. The
covenant shall be reviewed and approved by the City Attorney prior to recordation.
3. TREE REMOVAL
The applicant shall consider other locations on the property for the proposed
streetlight. If another location is not feasible, the applicant shall explore the option of
installing the streetlight without removing the tree. No trenching within the critical
root zone area is allowed. If trenching is needed in the vicinity of trees to be
retained, the City's consulting arborist shall be consulted before trenching or root
cutting beneath the drip line of the tree. Removal of the redwood tree adjoining the
proposed streetlight shall be the last option.
4. COMMON AREA (PARCEL 3) MAINTANANCE
The applicant shall record a covenant and deed restriction running with the land
obligating the existing and future property owners of Parcels 1 and 2 to
a. Maintain the common area (parcel 3) and
b. Not park any vehicles in the common area
5. 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.
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Resolution No.6386 TM-2006-04 May 9, 2006
Page 3
SECTION IV: CONDITIONS ADMII�TISTERED BY THE PUBLIC WORKS DEPARTMENT
6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
7. 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.
8. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City, as needed.
9. 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.
' 10. 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.
11. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Pre- and Post-development calculations must be provided to identify if storm
drain facilities need to be constructed or renovated.
12. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
13. 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. Ordinance No. 331 requires all overhead lines to be
underground whether the lines are new or existin�. 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.
14. 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.
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Resolution No.6386 TM-2006-04 May 9, 2006
Page 4
� Fees:
a. Improvements Permit: $2,130 min or 5% of Off-site
� Improvement Costs
b. Grading Permit: $2,000 min or 6% of On-site
Improvement Costs
c. Development Maintenance Deposit $1,000.00
d. Storm Drainage Fee: Paid
e. Power Cost: **
� f. Map Checking Fees: $ 2,000.00
g. Park Fees: N/A
V Bonds:
On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100% Performance
Bond
-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.
** Developer is required for one-year power cost for streetlights
15. 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.
16. 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.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDITIONS
(Section 66474.10 of the 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
� �, C..QC�CU �S
Ralph Qualls, Director of Public rks
, City Engineer CA License 22046
PASSED AND ADOI'TED this 9� day of May 2006, at a Regular Meeting of the
, Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
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Resolution No.6386 TM-2006-04 May 9, 2006
Page 5
AYES: COMMISSIONERS: Chairperson Miller, Vice-Chair Giefer, Saadati, Wong
Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Steve Piasecki Marty r, Chairperson
Director of Community Development Planning ommission
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