PC Reso 6518 TM-2007-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6518
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING:
APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE AN 8.1 NET ACRE SITE INTO
TWO PARCELS, APPROXIMATELY 3.0 AND 5.1 ACRES IN SIZE, AND
APPROVAL OF A CONDOMINIUM SUBDIVISION PLAN TO FURTHER SUBDIVIDE
THE 3.0 ACRE LOT INTO TWO CONDOMINIUM UNITS AND A COMMON AREA
LOT.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Parcel 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 the
subdivision and condominium plan of 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 is not likely
to cause substantial environmental damage nor substantially and
unavoidably injure fish and wildlife or their habitat.
5) That the design of the subdivision or the type of improvements associated
there 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 Parcel Map is hereby
recommended for approval, subject to the conditions which are enumerated in this
Resolution No. 6518 TM-2007-09 June 10, 2008
Page 2
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
No. TM-2007-09 as set forth in the Minutes of the Planning Commission Meeting of May
27, 2008 and June 10, 2008, and are incorporated by reference as though fully set forth
herein.
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2007-09
Applicant/Owner: Karen Ngo
Location: 21265 Stevens Creek Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the Tentative Parcel Map titled:
"Cupertino Oaks Tentative Map", consisting of four sheets labeled TM-1 through
TM-4, and a condominium plan titled: "Cupertino Oaks/Conceptual Condominium
Plan/First Floor" and "Basement Floor", consisting of two sheets labeled C-1 and C-
2 prepared by BKF Engineers dated 4/14/08 and 6/02/08 respectively, except as
may be modified by the conditions contained in this resolution.
2. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible subject to the Building Official. The applicant shall provide evidence that
materials will be recycled prior to issuance of final demolition permits.
3. 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. RECORDATION OF EASEMENTS
� The applicant shall depict on the final subdivision map to the satisfaction of the
! Director of Community Development and the Director of Public Works, easements
for all shared utility lines, and surface storm drainage, parking, waste collection and
vehicular circulation that crosses property lines.
Resolution No. 6518 TM-2007-09 June 10, 2008
Page 3
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
4. STREET WIDENING
Street widening 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
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.
7. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
8. 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.
9. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post-
development calculations must be provided to indicate whether additional storm
water control measures are to be installed.
10. 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.
11. 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
Resolution No. 6518 TM-2007-09 June 10, 2008
Page 4
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: $ 6% of Off-Site Improvement Cost or
$3,540.00 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: $2,092.79
e. Power Cost: **
f. Map Checking Fees: $3,515.00
g. Park Fees: N/A
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
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.
12. 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. The transformer
shall not be located in the front or side building setback area.
13. 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.
Resolution No. 6518 TM-2007-09 June 10, 2008
Page 5
14. DEDICATION OF WATERLINES
The applicant shall dedicate to the City all waterlines and appurtances installed to
City Standards and shall reach an agreement with San Jose Water for water service
to the subject development.
15. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from the State Water Resources
Control Board, which encompasses preparation of a Storm Water Pollution
Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs)
to control storm water runoff quality, and BMP inspection and maintenance.
16. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
RE UIREMENTS
The applicant must include the use and maintenance of site design, source control
and storm water treatment BMP's, which must be designed per approved numeric
sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement
Agreement, Storm Water Facilities Operation and Maintenance Agreement, and
certification of ongoing operation and maintenance of treatment BMP's are
required.
17. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered
Civil Engineer. This plan should include all erosion control measures used to
retain materials on site. Erosion control notes shall be stated on the plans.
18. TRAFFIC SIGNAL IMPROVEMENTS
The developer shall install traffic signal improvements at the Stevens Creek
Blvd/Mary intersection. The improvements include installing new pedestrian
signal heads, pedestrian push buttons, emergency vehicle pre-emption equipment,
repainting traffic signal heads and installing new poles, framework and signal
heads on the east median and the southwest corner. The eastbound left-turn
pocket shall be lengthened as directed by the City Engineer.
19. 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 commencemen� of work. The City has adopted Manual on Uniform
Traffic Control Devices (MUTCD) standards for all signage and striping work
throughout the City.
20. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the
Environmental Programs Manager.
Resolution No. 6518 TM-2007-09 June 10, 2008
Page 6
21. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager
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
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 10� day of June 2008, 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, Rose
Kaneda, Brophy
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTES APPROVED:
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Steve iasecki, Director� arty ' e , Chair
Community Development Department Planning ommission
G:I Planningl PDReport I Res 120071 TM-2007-09.doc