Reso 6483 TM-2007-03
CITY OF CUPERTINO
10300 Torre Avenue
Cuperfiino,California 95014
RESOLUTION NO. 6483
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENTATIVE MAP TO SUBDIVIDE A .46 ACRE LOT INTO TWO LOTS(ONE FLAG AND
ONE CONVENTIONAL) IN A R1-7.5 ZONING DISTRICT,AT 21871 DOLORES AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Cominission 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, eachibits, testimony and other evidence submitted
in this matter, the application for Tentative Subdivision 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-2007-03 as set
forth in the Minutes of the Planning Commission Meeting of August 28, 2007, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6483 TM-2007-03 August 28, 2007
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2007-03
Applicant: Tracy Hsu
Location: 21871 Dolores Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the plan set presented at the Planning
Commission meeting, except as may be amended by the Conditions contained in this
Resolution. The �lans shall be revised and a�proved by the Community Development
Director prior to recordation of final map from the side by side desi�n to a flag lot
subdivision desi�n based on the Planning Commission approval.
2. TREE PRESERVATION
All existing trees must be retained to the maximum extent possible. The applicant must
work with the Director of Community Development to make the final decision on the
retention of these trees at the design review stage. Revised landscaping plan shall be
reviewed and approved by the Director prior to issuance of building permits.
3. COVENANT
The two Cedar (#1 & #2) trees shall be preserved as part of this approval and that one 36
inch box Redwood be planted to replace the removed redwood (#5). Prior to issuance of
building permits, the applicant is required to record a covenant on the property that ensures
the preservation and maintenance of the new replacement trees and any trees that are
required to be preserved as part of this approval.
4. VISUAL IMPACT
The applicant shall make every effort to work with staff at the R1 Design Review Approval
Process to minimize any negative visual or building interface impacts to the adjacent
neighbors.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT.
5. STREET WIDENING
Street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
6. 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.
7. 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.
Resolution No. 6483 TM-2007-03 August 28, 2007
Page 3
8. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire as
needed.
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. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City as
needed.
12. 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.
13. 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: $ 5% of Off-Site Improvement Cost or
$2,194.00 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: $593.40
e. Power Cost: N/A
f. Map Checking Fees: $3,348.00
g. Park Fees: $15,750.00
h. Street Tree By Developer
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.
Resolution No. 6483 TM-2007-03 August 28, 2007
Page 4
-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.
14. 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.
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 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.
d. Hydromodification Plan (HMP) Required
The applicant must provide a comprehensive plan to control any combination of on-
site, off-site and in-stream control measures incorporated into specific redevelopment
projects in order to reduce stormwater runoff so as to not increase the erosion
potential of the receiving watercourse over the pre-project condition.
16. MAINTENANCE AGREEMENT
The applicant will be required to maintain all items,which are non-standard within the
City's right of way. The applicant and the City must enter into a recorded agreement for
this aforementioned work.
17. 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
Resolution No. 6483 TM-2007-03 August 28, 2007
Page 5
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.
18. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Department 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
��C�t. �.ac�(s
Ralph Qualls,Director of Public rk
City Engineer CA License 22046
PASSED AND ADOPTED this 28th day of August 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,Miller,Wong,Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
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ATTEST�,` � APPROVED:- � ,
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Steve Piasecki,Director Lis� i er,Chai e on
Community Development Department Planning�oinntission