Reso 6491 TM-2007-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6491
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENTATIVE MAP TO CREATE TWO PARCELS,4,875 SQUARE FEET EACH, AT
10121 PASADENA AVE
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-2007-11 as set forth in the Minutes of the Planning Commission Meeting of
November 13, 2007, and are incorporated by reference as though fully set forth herein.
Resolution No. 6491 TM-2007-11 November 13, 2007
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2007-11
Applicant: Jyan-Ping Lily Chang
Location: 10121 Pasadena Ave
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on plan sets titled "Tentative Map, APN: 357-17-045, 10121
Pasadena Ave., Cupertino, CA. Lot 1 and Lot 2" stamped "Received October 29,
2007", consisting of two pages labeled 1 and 5, except as amended by the Conditions
contained in this Resolution.
2. TREE REMOVAL
Approval is granted for the removal of one 9.5" coast live oak. The replacement for
this tree shall be one 36" box valley oak tree in the front yard of Lot 1, the location of
which is subject to the review and approval of the Director of Community
Development.
3. PROTECTED TREES
The relocated oak tree on the property on Lot 1 and the 30" Douglas Fir (#1) on the
front of lot 2 are considered protected trees. In the event that these trees die in the
future, they shall be replaced in accordance with the following list. The location of
the trees will be subject to the review and approval of the Director of Community
Development.
• Tree #10 - shall be replaced by one 36" box valley oak tree.
• Tree #1 - 30" Douglas fir tree shall be replaced by one 36" box valley oak tree.
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. 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 drip line 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.
➢ 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 drip line
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 property shall be recorded that identifies all the protected
trees, prior to final occupancy.
Resolution No. 6491 TM-2007-11 November 13, 2007
Page 3
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City's consulting arborist 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 $15,000 to
ensure protection of 3 trees on the site prior to issuance of grading, demolition or
building permits. The bond shall be returned after two years after transplantation
of the oaks, subject to a letter from the City's consulting arborist indicating that the
trees are in good condition.
6. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
7. STREET WIDENING
Street widening and associated improvements shall be provided in accordance with
City Standards and specifications as required by the City Engineer.
8. 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.
9. STREET LIGHTING INSTALLATION
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. �
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.
Resolution No. 6491 TM-2007-11 November 13, 2007
Page 4
11. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Development in
all other zoning districts shall be served by on site storm drainage facilities
connected to the City storm drainage system. If City storm drains are not available,
drainage facilities shall be installed to the satisfaction of the City Engineer.
*Pre and Post storm drain calculations are required
12. FIRE PROTECTION
Fire sprinklers and/or a fire hydrant shall be installed in any new construction to
the approval of the City and Santa Clara County Fire, as needed.
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: $5% of Off-Site Improvement Cost or
$2,304.00 min.
b. Grading Permit: $ 6% of Site Improvement Cost or
$2,163.00 min.
c. Development Maintenance Deposit: $ 2,000.00
d. Storm Drainage Fee: $ 288.74
e. Power Cost: To be determined if required
f. Map Checking Fees: $3,515.00
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.
-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. 6491 TM-2007-11 November 13, 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.
16. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed
to City Standards and shall reach an agreement with San Jose Water for water
service to the subject development.
17. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soi1. BMP plans
shall be included in your grading and street improvement plans. Erosion and or
sediment control plan shall be provided.
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
�-�.r�..�..Q� u u
Ralph Qualls, Director of P ic Works
City Engineer CA License 22046
PASSED AND ADOI'TED this 13� day of November 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 Wong, Miller
Kaneda, Rose
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST. APPROVED:
�
Steve Piasec i, Director Lis Gi er, Ch ' s n
Community Development Department la nin mis on
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