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Reso 6233 TM-2004-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6233 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE ONE .69- ACRE PARCEL INTO TWO PARCELS FOR AN APPROVED PLANNED DEVELOPMENT PROJECT; ONE PARCEL IS FOR RESIDENTIAL USE (SIX CONDOMINIUMS) AND ONE IS FOR RETAIL/COMMERCIAL OFFICE USE. SECTION I: PROTECT DESCRIPTION Application No.: TM-2004-01 Applicant: Gregg Bunker Location: 1375 S. De Anza Blvd. SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, 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 I 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 designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. � 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. Resolution No. 6233 TM-2004-01 March 8, 2004 Page 2 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2004-01 for a Tentative 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 TM-2004-01, as set forth in the Minutes of Planning Commission Meeting of March 8, 2004, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approved is based on the tentative map entitled "Tract No. Lots 1& 2 being a condominium development consisting 2 sheets" by Lee Engineers, dated January 2004 except as may be amended by the Conditions contained in this Resolution. 2. RECIPROCAL INGRESS/EGRESS EASEMENTS A grant of easement for cross-access, ingress/egress and parking shall be submitted prior to final map approval for use of driveways, parking garage between Lot 1 and Lot 2. The text of the easement shall be approved by staff, after City Attorney review, and recorded prior to recordation of final map. � 3. INCIDENTAL PARKING The applicant shall provide at least 20 additional stalls on the adjacent commercial property (to help offset the incidental parking stalls being displaced as part of this project) prior to recordation of the Final Map. The final parking plan shall closely approximate the conceptual parking plan submitted by the Metro Design Group dated July 14, 2003. 4. SANITARY DISTRICT ' Prior to obtaining a permit for occupancy, the applicant shall provide written confirmation from the Cupertino Sanitary District that adequate capacity is available for the project. f 5. PEDESTRIAN/LANDSCAPING EASEMENTS Pedestrian and landscaping easements through out the site shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to approval of final map. Resolution No. 6233 TM-2004-01 March 8, 2004 Page 3 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, improvements and dedications shall be provided in accordance with City Standards and specifications and 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 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. FIRE HYDRANT Fire hydrants shall be located as required by the City. 11. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 12. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No.125. 13. 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. 6233 TM-2004-01 March 8, 2004 Page 4 14. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- i development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 15. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 16. 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 I affected Utility provider and the City Engineer. 17. 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of construction � permits. Fees: a. PW Checking and Inspection Fee: 5% of On & Off-site Improvements for Residential Units i 6% of On & Off-site Improvements for Commercial Units b. Grading Permit Fee: 5% of On & Off-site Improvements for Residential Units 6% of On & Off-Site Improvements for Commercial Units �I c. Development Maintenance Deposit: $1,000.00 d. Storm Drainage Fee: Paid e. Power Cost: N/A f. Map Checking Fees: $ 520.00 g. Park Fees: $ 54,000.00 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. 6233 TM-2004-01 March 8, 2004 Page 5 18. 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. 19. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. Identify all Pre-and Post development BMPs that will be installed on-site. 20. WORK SCHEDULE A work schedule shall be provided to the City to show the timetable necessary for completion of on and off site improvements. 21. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 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. �� � Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 8th day of March 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Resolution No. 6233 TM-2004-01 March 8, 2004 Page 6 ATTEST:� APPROVE : ��, � � , . Steve Piasec i TagYu adati, Chairperson Director of Community Development Cupertino Planning Commission G: � Planning� PDREPORT � RES � TM-2004-Ol.doc