Reso 6435 TM-2006-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6435
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENTATIVE MAP TO CREATE TWO PARCELS, APPROXIMATELY 6,731 AND 9,498
SQUARE FEET RESPECTIVELY, AT THE NORTHEAST CORNER OF GRANADA
AVENUE AND MINAKER COURT
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
there with is not likely to cause serious public health problems.
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. 6435 TM-2006-11 December 12, 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-2006-11 as set forth in the Minutes of the Planning Commission Meeting of
December 12, 2006, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2006-11
Applicant: George Adzich
Location: 21891 Granada Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the Plan Set titled, "Tentative Map,
Lands of Adzich, 21891 Granada Avenue", dated October 2006, except as may be
amended by the Conditions contained in this Resolution.
2. STREET WIDENING
Street widening and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
3. 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.
4. 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.
5. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire as
needed.
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.
Resolution No. 6435 TM-2006-11 December 12, 2006
Page 3
7. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
8. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City
as needed.
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 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 $2,194.00
minimum
b.Grading Permit: $6% of Site Improvement Cost or$2,060.00 minimum
c. Development Maintenance Deposit: $2,000.00
d.Storm Drainage Fee: $480.66
e.Power Cost: N/A
f. Map Checking Fees: $3,348.00
g.Park Fees: $15,750.00
h.Street Tree By Developer
Bonds:
a. Faithful Performance Bond:100% of Off-site and On-site Improvements
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.
11. TRANSFORMERS
Resolution No. 6435 TM-2006-11 December 12, 2006
Page 4
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. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP plans
shall be included in grading and street improvement plans. Erosion and or
sediment control plan shall be provided.
13. STORMWATER QUALITY GUIDELINES FOR DEVELOPMENT PROTECTS
For a project creating or replacing 10,000 square feet or more of impervious
surface, the applicant must fulfill the City's storm water quality requirements,
which includes but is not limited to a Storm Water Management Plan/Notice of
Intent (NOI), BMP operation and maintenance responsibilities and BMP inspection
and reporting.
14. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer
to be approved by the City. The plan shall include a temporary traffic control plan
- for work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work.
The City has adopted Manual on Uniform Traffic Control Devices (MUTCD)
standards for all signage and striping work throughout the City.
15. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs
Department in regards to refuse truck access for the proposed development.
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
C,�. (,.�( t�c
Ralph Qualls, Director of Publi W ks
City Engineer CA License 22046
Resolution No. 6435 TM-2006-11 December 12, 2006
Page 5
PASSED AND ADOPTED this 12th day of December 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 Chari Gieger, Saadati
Wong, Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST• APPROVED:
�- �
Ste Piasec ', Director Mar il er, Chairperson
Community Development Department Planning ommission