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Reso 6580 TM-2009-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6580 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO CREATE TWO PARCELS,6,240 SQUARE FEET EACH, AT 10216 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 Coirunission 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. 6580 TM-2009-05 January 26, 2010 Page 2 SECTION II: PROTECT DESCRIPTION Application No.: TM-2009-05 Applicant: Terry Brown (D&B Legacy, LLC) Location: 10216 Pasadena Ave (APN: 357-18-021) SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Exhibits prepare by LC Engineering titled "Tentative Map, Lands of Adzich, 10216 Pasadena Ave., A.P.N. 357-18-021", except as amended by the Conditions contained in this Resolution. 2. 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 3. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 4. 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. 5. 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. 6. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 7. 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 Resolution No. 6580 TM-2009-05 January 26, 2010 Page 3 maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 8. 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. 9. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 10. 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. 11. 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 $2,468.00 minimum b. Grading Permit: $6% of Site Improvement Cost or$2,217.00 minimum c. Development Maintenance Deposit: $2,000.00 d. Storm Drainage Fee: Per Acreage e. Power Cost: ** f. Map Checking Fees: $3,765.00 g. Park Fees: Per ordinance 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. 6580 TM-2009-05 January 26, 2010 Page 4 12. 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. 13. 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. 14. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a Notice of Intent (NOI) from the State Water Resources Control Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP),use of construction Best Management Practices (BMPs) to control storm water runoff quality,and BMP inspection and maintenance. 15. STORMWATER REQUIREMENTS The applicant must include the use and maintenance of site design, source control and storm water treatment BMP's,which must be designed per approved numeric sizing criteria. 16. DEDICATION OF WATERLINES The applicant 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. 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. 18. TRAFFIC CONTROL PLAN The developer must subxnit 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. 19. OPERATIONS &MAINTENANCE AGREEMENT The developer shall enter into an Operations & Maintenance Agreement with the City prior to final occupancy. The Agreement shall include the operation and maintenance for non-standard appurtenances in the public road right-of-way that may include,but is not limited to, sidewalk, pavers, and street lights. Resolution No. 6580 TM-2009-05 January 26, 2010 Page 5 20. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. 21. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 22. 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. 23. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 24. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. 25. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, PacBell,and California Water Company,and/or equivalent agencies) will be required prior to issuance of building permits. 26. WORK SCHEDULE A work schedule shall be provided to the City to show the timetable necessary for completion of on and off site improvements. 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 ractices ` �.� �;S Ralph Qualls, Director of Public Wor City Engineer CA License 22046 Resolution No. 6580 TM-2009-05 January 26, 2010 Page 6 PASSED AND ADOPTED this 26th day of January 2010, 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 Brophy,Vice Chair Lee, Kaneda,Miller NOES: COMMISSIONERS: Giefer ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: ,,�� � _ _ �. � � ;\ l!�C (� Aarti Shrivastava, Director Paul Brophy, C ir Community Development Department Planning Co ssio G:�Plnri�iirig�PDReport�Res�2010�TM-2009-07.doc