Reso 6442 TM-2006-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6442
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 2.08 ACRE PARCEL INTO TWO
LOTS OF 40,009 AND 51,171 SQUARE FEET RESPECTIVELY, AT 21600 RAINBOW DRIVE
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 recommended for
approval, 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 No. TM-2006-02 as set
forth in the Minutes of the Planning Commission Meeting of January 9, 2007, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6442 TM-2006-02 January 9, 2007
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2006-02
Applicant: TS/Civil Engineering (for Louis Lau)
Location: 21600 Rainbow Drive
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
Lau, 21600 Rainbow Drive, Cupertino, California", dated 12/22/06, except as may be
amended by the Conditions contained in this Resolution.
2. GEOTECHNICAL REVIEW
The location of the house and further review of any building plans are subject to the
recommendations outlined in the Cotton Shires & Associates, Inc letter dated September 12,
2006 pertaining to the Lau Property,fault investigation, 21600 Rainbow Drive.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT.
3. OFF SITE IMPROVEMENTS
Curbs and gutters, sidewalks, streetlights, street widening and related structures shall be
installed in accordance with grades and standards as specified by the City Engineer.
If street lighting is required, 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.
Resolution No. 6442 TM-2006-02 January 9, 2007
Page 3
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 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.
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:
a. Grading Permit Fee: $6% of On Site Improvement Costs or
$2,060.00 minimum
b. Checking and Inspection Fee: $5% of Off Site Improvement Costs or
$2,194.00 minimum
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $2,696.10
e. Power Cost: **
f. Map Checking Fees: $3,348.00
g. Park Fees: $15,75Q.00
Bonds (Required):
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 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 Be�t Management Practices (BMP's), as required by the State Water Resources
Control Board,for construction activity, which disiurbs soil.
Resolution No. 6442 TM-2006-02 January 9, 2007
Page 4
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
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Ralph Qualls, Director of Public Work
City Engineer CA License 22046
PASSED AND ADOPTED this 9th day of January 2007, 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,Saadati, Wong
Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTES APPROVED:
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` � . /�;
Ste Piasec i, Director Mar i er,Chairperson
Community Development Department Plann ommission