Reso 4793 �-T1V1-96
CITY OF CUPEI�TINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4793
OF THE I'LAIVNING COlVIMISSIOIV OiF THE�ITY OF CUPERTINO RECOMMENI�ING
Al'PROVAI, OF A TENTATIVE MAI' TO SU�I�IVII�E 10 ACI�ES INTO 13 LOTS TO ALLOW 8
SINGLE FAMILY I�ESII�ENCES, 210 AI'A1�TN�[EN'I'S ON 2 LOTS,A 160 ROOM HOTEL,
PRIVATE I�1�IEWAYS, A COlVIMUNITY CEIVTEIZ ANI�A COMMUNITY PAIZi�
SECTION I: FII�TI�INGS:
WHEREAS, the Planning Commission of the�City of Cupertino received an application for a Tentative
Subdivision 1VIap as described in Section II. of this Resolution; and
VJHEIZEAS, the necessary public notices have been given as required by the Subdivision and
Procedural Ordinances of the City of Cupert�mo, and the I'lanning Commission has held at least one
public hearing in regard to the application; and
VJHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements: .
a) That the proposed subdivision map is consistent with the City of Cupertino General Plan.
b) That the design and improvements of the proposed subdivision are consistent with the General
Plan.
c) That the site is physically suitable for the type and intensity of development contemplated under
the approved subdivision.
d) That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidable injure fish and wildlife or
their habitat.
e) That the design of the subdivision or the type of improvements associated therewith are not
likely to cause serious public health p�oblems.
� 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, THEI�EFOIZE, BE IT RESOLVEI�: �
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for a Tentative 1VIap is approved, subject to the conditions which are enumerated
in this l�esolution beginning on Page 2 thereo�f, and
Resolution No. 4793 8-TM-96 I�ecember 16, 1996
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That the subconclusions upon which the findings and conditions specified in this I�esolution are based
and contained in the Public Hearing record co.ncerning Application 8-T1VI-96 as set forth in the 1Vlinutes
of Planning Commission 1Vleeting I�ecember 16, 1996, and are incorporated by reference as though
fully set forth herein.
SECTIOIV II: Pl�OJECT I�ESCRIPTION .
Application No.: 8-T1VI-96
Applicant: Sandhill Properties
Property Owner: Tandem Computers
Location: 10741 N. Wolfe Road and 19590 Pruneridge Avenue
SECTION IIL• CONI�ITIONS AI�MiNISTEI�ED BY THE COMIVILTNITY I�EVELOPIVIENT I�EPT.
1. APPI�OVEI� EX�II�ITS
The recommendation of approval is based on Sheet 1 dated August 5, 1996 and Sheet 2 dated
November 27, 1996, except as may be amended by conditions contained herein.
2. INC'r1�ESS/EGRESS EASEMEIVTS
The applicant shall" record an appropriate deed restriction and covenant running with the land,
subj ect to approval of the City Attorney� for all parcels which share a common private drive or
private roadway with one or more other parcels. Said deed restriction shall provide for necessary
reciprocal ingress and egress easements to and from the affected parcels. Said easements shall be
recorded at such time as interest in one or more of the affected parcels is initially sold or transferred
to another party.
3. 1ZOAAI� MAINTENANCE AGREEMEIVT
A reciprocal maintenance agreement shall be required for all parcels which share a common private
drive or private roadway with one or more other parcels within the tract. Said agreement 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.
4. T1�EE PI�OTECTION
For all retained trees, the project developer shall comply with the tree protection recommendations
described in the report titled, "Tree Report The Cupertino Village IZesidential," by HortScience,
Inc., dated September 1996.
� A contract shall be entered into with an Internationally Certified Arborist and a copy submitted to
staff. The purpose of the contract will include an agreement to participate in inspection prior to
grading and construction activity to confirm protection measures axe in place, participation in plan
development which requires the arborist be involved prior to grading and road construction plans to
confirm recommended practices are implemented. ;The contract shall also require that the arborist
submit quarterly written reports to staff confirming! site inspections have been completed and
recommended protection measures are being met. A bond in the amount of $50,000 shall be
submitted for protection of specimen sized trees required to be protected during development
l�esolution No. 4793 B-TM-96 I�ecember 16, 1996
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(demolition, grading and construction). This money may be released following final inspection by
the above referenced arborist. The arborist shall submit in writing that the trees have been
adequately protected during construction and are expected to survive.
SECTION IV: CONI�ITIONS AI�IVIINISTEREI��Y THE PU�LIC WORKS I�EPAR'I'MENT
5. STREET WII�EIVINC'r
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer. Private street shall be 24' min.
traveled way and cul-de-sac shall be design to 42' radius or as approved by the City Engineer.
�ecker Lane, south of Community I'ark� � Single Family Homes requires vacation of Public
1Zight-of-Way. Cost shall be determined by the Director of Public Works. Please provide copy of
deed recorded in�ook 4116 page 290. Existing easements not shown on the Tentative shall be
indicated at F'inal 1VIap. All existing utility shall such as storm line, sewer;electrical, etc. shall be
abandoned/relocated and approved by all utility company.
6. CUR� ANI� GUTTEIZ IMPI�OVEMEIVTS �
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 maximurn height permitted by the zone in which the site
is located. �
�. FIl�E HYI�ItANT
Fire hydrants shall be located as required by the City.
9. TI�AFFIC SI(1NS .
Traffic control signs shall be placed at locations specified by the City.
10. STREET TI�EES ,
Street trees shall be planted within the I'ublic Right of Way and shall be of a type approved by the
City in accordance with Ordinance No. 125.
11. GI�DING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.0�
of the Cupertino Municipal Code.
12.I�1�AINAGE
I�rainage shall be provided to the satisfaction of the City Engineer. Surface flow across public
sidewalks may be allowed in the I�-1, IZ-2 and R-3 zones unless storm drain facilities are deemed
necessary by 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.
l�esolution IVo. 4793 8-T'1VI-96 I�ecember 16, 1996
Page -4-
Parallel storm line shall be installed at Wolfe l�oad to I�omestead Road. I�eveloper to provide
drainage calcs prepared by the Civil Engineer.No storm line shall be allowed under the buildings.
Need to be removed or relocated.
� 13. LTNI�ERGl�OUNI�UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance Na 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. IMPI�O�TEMEIVT AGI�EElVIEIVT
The project developer sha11 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 undergrounding of utilities. Said agreement shall be
executed prior to issuance of constxuction permits.
a. Checking&Inspection Fees: $ 5% of Off-Site Improvement Cost
or$1,744.00 minimum
b. �'rrading Permit: $ 5% of Site Improvement Cost
c. I�evelopment�Maintenance I�eposit: $,3;000.00
d. Storm I)rainage Fee:
Apartments: $ 20,134.00
Single Homes: � 3,406.00
Hotels: $ 5;68�.00
e. Power Cost; $ 75.00 per street light
f. 1Vlap Checking Fees: $ 696.00
g. Park Fees:
Apartments: $ 6,480.00 per unit
Single Homes: $15,750.00 per unit
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.
15. TI�ANSFORMERS
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. I�EI�ICATION OF"WATEIZLINE
The developer shall execute a quitclaim deed for underground water rights to San Jose Water
Company and shall reach an agreement with San Jose Water Company for water service to the
subj ect development.
l�esolution IVo. 4793 �-TM-96 I�ecember 16, 1996
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17.NOTICE OF INTENT
T'he applicant must file a Notice of Intent(NOI), as required by the State Water l�esource Control
�oard;for all construction activity disturbing 5 acres or more of soil. The permit requires the
development and implementation of a Storm Water Pollution Prevention I'lan(SWI'PP) and the
utilization of storm water�1VIP's.
18. �EST 1VIANAGEMENT P1�ACTICES
Utilize�est NTanagement Practices (�1VIP's), as required by the State Water l�esources Control
�oard, for construction activity which disturbs soil. �1VIP plans shall be included iri your grading
and street improvement plans. �
19. I)E�IELOl�MENT PHASINC'r
In order to guarantee construction of a hotel on Parcel 2,the construction of said hotel shall be
constructed prior to or in conjunction of apartment on Parcel 1.
� CITY EI�TC'iII�TEEIZ'S CERTIFICAT'E OF
ACCEI'TANCE OF ENC'rINEE1�INCi/SUI��TEYING COIVI�ITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section N. of this
Resolution conform to generally accepted engineering practices.
/s/ �ert Viskovich
�ert Viskovich, City Engineer
PASSEI� ANI� AI�OPTEI� this 16th day of I�ecember, 1996, at the Regular 1Vleeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COlVIMISSIONERS: Austin, I�oyle, lVlahoney and Chairman Roberts
NOES: COIVIMISSIONERS: Harris �
ABSTAIN: COIVIMISSIONERS:
ABSENT: COlVIMISSIOIVERS:
ATT'EST: AI'P1�OVEI):
/s/ Robert S. Cowan /s/ Paul l�oberts
l�obert S. Cowan I'au1 Roberts, Chairman
I�irector of Community Development Cupertino Planning Commission
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