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Reso 6396 TM-2006-05 CITY OF CUPERTINO 10300 Torre Avenue � Cupertino, California 95014 � RESOLUTION NO. 6396 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE PARCEL MAP TO SUBDIVIDE TWO PARCELS 0.652-ACRE IN SIZE INTO FOUR LOTS, RANGING IN SIZE � FROM 6,980 GROSS SQUARE FEET TO 7,227 GROSS SQUARE FEET AT I 20055 AND 20065 DE PALMA LANE � SECTION I: PROTECT DESCRIPTION � Application No.: TM-2006-05 Applicant: Frankie Law � Location: 20055 and 20065 De Palma Lane 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. M e) That the design of the subdivision or the type of improvements associated ( therewith are not likely to cause serious public health problems. I Resolution No.6396 TM-2006-OS 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-2006-05 for a Tentative Map is hereby recommended for approval 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-2006-05, 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 DEVELOPMENT DEPT. 1. APPROVED EXHIBITS This approval is based on the exhibit entitled "Tentative Parcel Map" consisting of one sheet labeled C.1 and dated May 30, 2006, except as amended by the conditions contained in this resolution. I 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. IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 3. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance � with City Standards and specifications as required by the City Engineer. 4. FIRE HYDRANT � Fire hydrants shall be located as required by the City, San Jose Water Company ' and Santa Clara County Fire. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. Resolution No.6396 TM-2006-OS June 13, 2006 Page 3 6. 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. * A grading permit maybe required pending on the excavating, filling and recontouring of the project site in conjunction with this application. 7. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. Pre and Post drainage calculations shall be submitted to determine if new facilities need to be constructed to mitigate the increase of off site runoff. 8. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City and Santa Clara County Fire. 9. 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. 10. 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 & Insp. Fees: $5% of Off-Site Improvement Cost ($2,130 min.) b. Grading Permit: $ 6% of On-Site Improvement Cost ($2,000 min.) c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: Paid e. Power Cost: Paid f. Map Checking Fees: $3,250.00 g. Park Fees: $ 31,500.00 Resolution No.6396 TM-2006-OS June 13, 2006 Page 4 I --_- - ------- -- --- - -- � Bonds: � a. Faithful Performance Bond: 100% of Off-site Improvements b. Labor & Material Bond: 100% of Off-site Improvements 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. ( 11. 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. � 12. 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. 13. 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 must be included in your building plan submittal. 14. TOINT USE AGREEMENT The developer must enter into a joint use agreement with the Santa Clara Valley Water District to construct and maintain a trail along the District's right-of-way. 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 , � �- 1� � � �5 � Ralph Qualls, Director of Public rks � City Engineer CA License 22046 Resolution No.6396 TM-2006-OS June 13, 2006 Page 5 --------------------------------------------------------------- --------------------------------------------------------------- ' 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 NOES: COMMISSIONERS: Vice Chair Giefer ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Wong , ATTEST: APPROVED: , .- � , .. _, ` � � .., ��.�y �� _�- ..��G�� I Steve Piasecki Marty Mille , airperson Director of Community Development Cupertino Planning Commission I g/planning/pdreport/res/2006/TM-2006-05 res.doc I I ►