Reso 6428 TM-2006-10
` CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6428
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENTATIVE MAP TO CREATE TWO PARCELS AND A REMAINDER PARCEL,
APPROXIMATELY 15,510 AND 19,360 SQUARE FEET RESPECTIVELY, AT THE
NORTHWEST CORNER OF STEVENS CREEK BOULEVARD AND WOLFE ROAD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision Map, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1) That the proposed subdivision map is consistent with the City of Cupertino
General Plan.
2) That the design and improvements of the proposed subdivision are consistent
with the General Plan.
3) That the site is physically suitable for the type and intensity of development
contemplated under the approved subdivision.
4) That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage nor substantially and
unavoidable injure fish and wildlife or their habitat.
5) That the design of the subdivision or the type of improvements associated
therewith is not likely to cause serious public health�roblems.
6) That the design of the subdivision and its associated improvements will not
conflict with easements acquired by the public at large for access through or
use of property within the proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Tentative Subdivision Map is hereby
approved, subject to the conditions which are enumerated in this Resolution beginning
on Page 2 thereof; and
Resolution No. 6428 TM-2006-10 October 10, 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
No. TM-2006-10 as set forth in the Minutes of the Planning Commission Meeting of
October 10, 2006, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2006-10
Applicant: Mike Rohde (Vallco restaurants)
Location: 10123 N. Wolfe Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the Plan Set dated 7-31-06, except as
may be amended by the Conditions contained in 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. RECIPROCAL PARKING AND INGRESS/EGRESS EASEMENTS
Reciprocal parking and ingress/egress easements hall be granted for the commercial
retail parking spaces to other commercial and Valley Transportation Authority park
and ride uses.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. STREET WIDENING
Street widening, street improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by the City
Engineer.
Resolution No. 6428 TM-2006-10 October 10, 2006
Page 3
2. 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.
3. 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.
4. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
5. 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.
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.
7. 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.
8. 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 existing. The developer shall submit
detailed plans showing utility underground provisions. Said plans sha11 be subject
to prior approval of the affected Utility provider and the City Engineer.
9. 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:
Resolution No. 6428 TM-2006-10 October 10, 2006
Page 4
a. Grading Permit Fee: Greater of $2,060 minimum or 6%
improvement cost
b. Checking and Inspection Fee: Greater of $3,540 minimum or 6% of
improvement cost
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee:� Paid
e. Power Cost: **
f. Map Checking Fees: $3,348
g. Park Fees: N/A
Bonds:
a. On-Site Improvements Bond: 100% Performance Bond
b. Off-site Improvements Bond: 100% Performance Bond; 100% Labor/Material
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 to pay for one-year power cost for streetlights
10. 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.
11. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil.
12. MAINTENANCE AGREEMENT
The applicant will be required to maintain all items, which are non-standard
within the City's right of way. The applicant and the City must enter into a
recorded agreement for this aforementioned work.
13. TRAFFIC
The traffic department will provide additional comments on the project.
Improvements to traffic signs, bicycle, pedestrian and vehicular facilities may be
included as requirements.
Resolution No. 6428 TM-2006-10 October 10, 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
`�.,�1 C..� �-C u C�
Ralph Qualls, Director of Public r
City Engineer CA License 22046
PASSED AND ADOPTED this 10th day of October 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, Wong, Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Saadati
ATTES APPROVED:
_ _
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�._ / J �r'��. 4, / 4 C,-�. �'
�2ti
Ste e Piasecki, Director `Marty '�} r,Chairperson
Community Development Department Planning mmission
G:�Planning�PDREPORT�RES�2006�TM-2006-10 res.doc