Reso 6465 TM-2007-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6465
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENTATIVE MAP TO SUBDIVIDE AN EXISTING 9.4 ACRE SITE INTO TWO
PARCELS, APPROXIMATELY 1 ACRE AND 8.4 ACRES RESPECTIVELY
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 Cominission 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-2007-08 as set forth in the Minutes of the Planning Commission Meeting of June
12, 2007, and are incorporated by reference as though fully set forth herein.
Resolution No. 6465 TM-2007-08 June 12, 2007
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2007-08
Applicant/Owner: Clifford Chang
Location: 10100 N. Tantau
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the Tentative Parcel Map titled:
"Tentative Map, Retail and Parking Development, 10100 N. Tantau Avenue,
Cuerptino California" consisting of one sheet labeled C-01, prepared by AP
Consulting Engineers dated March 10, 2007.
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.
4. TREE PROTECTION
As part of the building permit drawings, a tree protection plan shall be prepared by
a certified arborist for the trees to be retained. In addition to trees to be retained per
the arborist report, the applicant shall also retain and protect trees identified as tree
numbers 83, 84, A, B, 88, 89, 90, 91, and 92. In addition, the following measures shall � �
be added to the protection plan:
a. 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.
b. No parking or vehicle parking shall be allowed under root zones, unless using
buffers approved by the project arborist.
c. No trenching within the critical root zone area is allowed. If trenching is needed
in the vicinity of trees to be retained, the City Arborist shall be consulted before
any trenching or root cutting beneath the dripline of the tree.
d. Tree protection conditions shall be posted on the tree protection barriers.
e. Retained trees shall be watered to maintain them in good health.
Resolution No. 6465 TM-2007-08 June 12, 2007
Page 3
5. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $100,000 to
ensure protection of trees slated for preservation 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
6. STREET WIDENING
Street widening and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
7. 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.
8. 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.
9. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
10. 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.
11.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.
12. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City
as needed.
Resolution No. 6465 TM-2007-08 June 12, 2007
Page 4
13. 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.
14. 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: $ 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: $12,430.31
e. Power Cost: **
f. Map Checking Fees: N/A
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.
Resolution No. 6465 TM-2007-08 June 12, 2007
Page 5
15. 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.
16. 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.
17. 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), design and implementation of permanent storm water treatment BMPs,
BMP operation and maintenance responsibilities, and BMP inspection and
reporting.
18. 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.
19. TRAFFIC SIGNAL IMPROVEMENTS
The developer shall install traffic signal improvements at the Stevens Creek
Blvd/Tantau and Vallco Parkway/Tantau intersections. The improvements
include a new traffic signal controller cabinet, battery backup, and emergency
vehicle pre-emption at Vallco Parkway/Tantau, and emergency vehicle pre-
emption at Stevens Creek Blvd/Tantau.
20.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.
21. TRASH ENCLOSURES
Resolution No. 6465 TM-2007-08 June 12, 2007
Page 6
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager.
22.REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in
regards to refuse truck access for the proposed development.
PASSED AND ADOPTED this 12� day of June 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: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST A�PRO�LE�:
T I�
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Steve Piasecki, Director i Giefe hair
Community Development Department Planning Commissio
G.•IPlanninglPDReportlRes120071 TM-2007-OS.doc