Reso 6455 TM-2007-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6455
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENTATIVE MAP TO CREATE FOUR PARCELS, BETWEEN 4,575 AND 5,247 SQUARE FEET,
AT 10630 LINNET LANE
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 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 Parcel Map is hereby approved, 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-2007-01 as set
forth in the Minutes of the Planning Commission Meeting of April 24, 2007, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6455 TM-2007-01 Apri124, 2007
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2007-01
Applicant: Frank Ho (Tony Baig)
Location: 10630 Linnet Lane
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the Plan Set labeled, "Property located at:
10630 Linnet Lane, Cupertino, CA 95014" consisting of 1 page labeled Page 1 of 1, stamped
"Received April 16, 2007"except as may be amended by the Conditions contained in this
Resolution.
2. MAINTENANCE AGREEMENT
The applicant shall enter into a reciprocal maintenance agreement with respect to:
a. The private road (formerly Becker Lane), if deemed appropriate by the Director of
Community Development and
b. The new common private road proposed as part of this development.
These agreements shall be recorded in conjunction with recordation of the final map, and
shall be subject to prior approval as to form and content by the City Attorney.
3. EASEMENTS
Prior to recordation of Final Map, the applicant shall record appropriate deed restrictions
and covenants running with the land, subject to approval of the City Attorney, for all
parcels that share a common private drive or private roadway with one or more other
parcels. T'he deed restriction shall provide for
a. Necessary reciprocal ingress and egress pedestrian and vehicular easements to and
from the affected parcels.
b. Parking easement for the guest parking allowed on the common private driveway
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
4. 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.
5. 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. 6455 TM-2007-01 Apri124, 2007
Page 3
6. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
*Pre and Post-development calculations must be provided.
7. 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 rec�uires all overhead lines to be underground 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.
8. 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: $2,000.00
d.Storm Drainage Fee: $670.80
e. Power Cost: **
f. Map Checking Fees: $3,348.00
g. Park Fees: $47,250.00
Bonds (Required):
1. On-Site Improvements Bond: 100% Performance Bond
2. 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 �he 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
9. EASEMENTS
The applicant must obtain written approval from each utility company (PG&E, California
Water, Cupertino Sanitary District), Santa Clara County Fire and City of Cupertino to
determine the type and location of easements on said parcel map.
10. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMI''s), as required by the State Water Resources
Control Board,for construction activity,which disturbs soil.
Resolution No. 6455 TM-2007-01 Apri124, 2007
Page 4
11. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
a. Permanent Stormwater Quality BMPs Required
In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed
Protection, of the City Code, all development and redevelopment projects shall include
permanent BMPs in order to reduce the water quality impacts of stormwater runoff from
the entire site for the life of the project.
b. Stormwater Management Plan Required
The applicant shall submit a Stormwater Management Plan for this project. The
permanent storm water quality best management practices (BMPs) included in this plan
shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution
Prevention and Watershed Protection, of the City Code.
c. BMP Agreements
The applicant and the City shall enter into a recorded agreement and covenant running
with the land for perpetual BMP maintenance by the property owners(s). In addition,
the owner(s) and the City shall enter into a recorded easement agreement and covenant
running with the land allowing City access at the site for BMP inspection.
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 e ' eering practices
�2, �,c u �ls
Ralph Qualls, Director of Public or
City Engineer CA License 22046
PASSED AND ADOPTED this 24th day of April 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 Giefer;Vice Chair Chien, Miller
Wong,Kaneda
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APP VED:
� -
Gs'C�ti%�/C. � �� � �
. , �
Steve Piasecki,Director L' a Giefe ,' ai�p rs ,�
Community Development Department la ' g C mmissio '
G:IPlanninglPDReportlRes 120071 TM-2007-01.doc