Reso 6392 TM-2006-06
� CITY OF CUPERTINO
I 10300 Torre Avenue
Cupertino, California 95014
I
RESOLUTION NO. 6392
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE PARCEL MAP TO SUBDIVIDE A 1.83-ACRE
PARCEL INTO ONE 0.69-ACRE PARCEL AND A 1.14-ACRE REMAINDER
�` PARCEL AT 10760 SOUTH STELLING ROAD
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1 SECTION I: PROTECT DESCRIPTION
i
Application No.: TM-2006-06
� Applicant: Roger Higdon (for Irene Jauch)
Location: 10760 South Stelling Road
� SECTION II: FINDINGS
I 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.
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Resolution No.6392 TM-2006-06 June 13, 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-2006-06 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-2006-06, as set forth in the Minutes of Planning Commission Meeting of
June 13, 2006, and are incorporated by reference as though fully set forth herein.
�
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
i DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
f This approval is based on the exhibit entitled "Lands of Jauch/Tentative Parcel
� Map/ 10760 S. Stelling Road/ Cupertino, California" consisting of one sheet and
dated as received on Apr. 26, 2006, except as amended by the conditions contained
Min this resolution.
2. 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.
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 as specimen trees of all
trees on the property with a trunk diameter of 10 inches or more measured at a
� height of 4.5 feet from natural grade, excluding fruit trees. Such specimen 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.
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Resolution No.6392 TM-2006-06 June 13, 2006
Page 3
IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
4. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
5. 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.
6. STREET LIGHTING INSTALLATION
i 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.
f 7. FIRE HYDRANT
� Fire hydrants shall be located as required by the City and Fire.
� 8. TRAFFIC SIGNS -
Traffic control signs shall be placed at locations specified by the City, as nee�ied.
9. 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.
10. 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 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.
� 11. 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
under�round 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.
Resolution No.6392 TM-2006-06 June 13, 2006
Page 4
12. 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 On/Off-Site Improvement Costs
($2,268.00 min.)
b. Grading Permit: $6% of On Site Grading Improvement Costs
I c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $ 2,365.60
e. Power Cost: N/A
f. Map Checking Fees: $2,000.00
g. Park Fees: $ 15,750 (To be paid at time of building permit)
! h. Street Tree By Developer
� 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.
13. 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.
14. 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.
15. 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.6392 TM-2006-06 June 13, 2006
Page 5
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 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
' `�2.� C�C.�ul�
Ralph Qualls, Director of Publi orks
City Engineer CA License 22046
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PASSED AND ADOPTED this 13� day of June 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, Saadati, Chien, Vice Chair:Giefer
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS:Wong
ATTE : ROVED: ,.
,
Steve Piasecki Marty ' 1 r, Chairperson
Director of Community Development Cupertino Planning Commission
g/planning/pdreport/res/TM-2006-06 res.doc