Reso 6458 TM-2007-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6458
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENTATIVE MAP TO CREATE THREE PARCELS, BETWEEN 6,650 AND 7,047
SQUARE FEET, AT 10185, 10215/10227 EMPIRE AVENUE
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 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 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-2007-04 as set forth in the Minutes of the Planning Commission Meeting of May
8, 2007, and are incorporated by reference as though fully set forth herein.
Resolution No. 6458 TM-2007-04 May 8, 2007
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2007-04
Applicant/Owner: Rick Bleszynski
Location: 10185, 10215/10227 Empire Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT. �
1. APPROVED EXHIBITS
The recommendation of approval is based on the Tentative Parcel Map titled: "APN
326-22-029 TENTATIVE MAP CUPERTINO" consisting of 1 page labeled Sheet 1 of
1, and dated 2/6/07, except as may be amended by the Conditions contained in this
Resolution.
2. DEMOLITION REQUIREMENTS
All buildings and structures proposed for demolition shall be removed prior to final
map approval. Al� demolished buildings 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 demolition
permit.
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.
4. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall
be prepared by a certified arborist for the trees to be retained, which are the Deodar
Cedar, Southern Magnolia, Colorado Spruce and Colorado Blue Spruce: trees no. 18,
23, 24 and 25. In addition, the following measures shall be added to the protection
plan:
• For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
• No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
Resolution No. 6458 TM-2007-04 May 8, 2007
Page 3
• No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist
shall be consulted before any trenching or root cutting beneath the dripline of
the tree.
• Wood chip mulch shall be evenly spread inside the tree projection fence to a
four-inch depth.
• Tree protection conditions shall be posted on the tree protection barriers.
• Retained trees shall be watered to maintain them in good health.
• A covenant on the properties shall be recorded that identifies all the protected
trees, prior to final map approval.
Additional tree protection measures are recommended and specified in the
March 1, 2007 arborist report prepared by Arbor Resources and titled: "A
Tree Inventory and Evaluation of the Proposed Three-Lot Subdivision at
10215 and 10185 Empire Avenue, Cupertino, California." These report
recommendations are incorporated by reference into these conditions of
approval.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City's consulting arbori�t
shall inspect the trees to be retained and shall provide reviews prior to
issuance of demolition, grading or building permits. A report ascertaining
the good health of the trees mentioned above shall be provided prior to
issuance of final occupancy.
5. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $12,000 to
ensure protection of trees nos. 18, 23, 24 and 25 on the site prior to issuance of
grading, demolition or building permits. The bond shall be returned after
completion of construction, subject to a letter from the City arborist indicating that
the trees are in good condition.
6. TREE REPLACEMENT
The applicant shall plant as replacement trees Coastal Redwoods or Deodar Cedars
in the following quantities and sizes: one 24-inch box, one 36-inch box and two 48-
inch box trees. The location and type of trees shall be incorporated into the building
plans to be reviewed and approved by the Director of Community Development.
7. OTHER TREE REMOVAL
Other trees on the property; not specifically protected (condition #4), acting as
replacements for trees removed (condition #6) or other protected trees as specified
in CMC Section 14.18, may be removed by the applicant at his discretion.
Resolution No. 6458 TM-2007-04 May 8, 2007
Page 4
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
8. 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.
9. 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.
10. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
11. 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.
12. 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
Resolution No. 6458 TM-2007-04 May 8, 2007
Page 5
$ 2,194.00 minimum
c. Development Maintenance Deposit: $ 2,000.00
d. Storm Drainage Fee: $ 602.57
e. Power Cost: **
f. Map Checking Fees: $3,348.00
g. Park Fees: $15,750.00
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 to pay for one-year power cost for streetlights
13. 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.
14. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil.
15. 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
Resolution No. 6458 TM-2007-04 May 8, 2007
Page 6
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 engineering practices
� s
Ralph Qualls, Director of Public Wo
City Engineer CA License 22046
PASSED AND ADOPTED this 8� day of May 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: Vice Chair Chien, Kaneda, Miller, Wong
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chairperson Giefer
ATTEST: APPROVED:
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Steve Piasecki, Director Cary Chien, Vicej Chairperson
Community Development Department Planning Commission
G:I PlanninglPDReport I Res120071 TM-2007-04.doc