Reso 4237 19�IM-89
C I T Y O F C U P E R T I N O
10300 Z�E AVIIJUE
C�JPF�PINO, CA 95014
RF50T�TrTQN NO. 4237
TII�TI'ATIVE NF�P TO SUBDNIDE 3.37 AQ2F5 IN'PO TWO Ll,7i5,
ONE LOT MEASURII�TG 0.27 ACl2F5 FqR RFSIDENTIAL PUF2P0.SF5
AND QNE IAT N�ASURIlJG 3.1 AC;�2ES FOR P[JB�LIC
OPII�i SPACE P�2POSES
SDGTION I• FINDINGS
Wf�S, the Plannir�g Ca�nission of the City of Cupertino reoeived an
application for a Z�entative Subdivision Map, as desaribed on Page 2 of
this Resolution; and
Wt�2F'.AS, the necessary public notice.s have been given as r?m� i red by the
subdivision and Prooedural Ordiriances of the City of Cupertino, and the
Planning Camainission has held at least one Public Hearing in regard to the
application; and
WI-�REAS, the Planning C�nnnission firids that the application meets the
follvwing requirexnents:
a) Zi�at the propc�sed subdivision map is consistent with the City of
Cu�stino. General Plan and any applicable S'pecific Plan.
b) That the design or i�ravemexit of the proposed subdivision is
c�onsistent with the General Plan ar�d any applicable Specific
Plan.
c) That the site is physically suitable for the type and intensity
of develop�nent contenq�lated �u�der the approved subdivision.
d) That the design of the subdivision or the proposed i�rovexnents
are not likely are riot likely to cause substantial envirorrmental
damage nor substantially arid avoidably injure fish ar�d wildlife
ar their habitat.
e) That the design of the subdivision ar the type of i�rovem�xlts
associated therewith are nat detrimental to the health, safety�
peace, morals and general welfare of p�ssons residing or working
in the vicinity of the subdivi.sion.
f) That the design of the subdivision an�d its associated
improvements will not conflict with e.asements ac�quired by the
public at large for aa�ess through or use of property within the
proposed subdivision.
NOW, Z�QRE, BE IT RESOLUEa:
That upon careful oonsideration of maps, e�ibits, facts, testimony and
oth�er evideaioe sulamitted in this matter, the application for Tentative
Subdivision Map is hereby reca�umer�ded for approval, subject to the
oor�di.tions ernunerated in this Resolution beginnir�g on Page 2 thereof ; and
RF90I�TrION NO. 4237 (19�INi-89) 1/8/90
PAGE-2-
BE IT �J1�I� RF�OL�7ID:
Zhat the suboonclusions upon which the firydings ar�d conditions specified
in this Resolution are based are c�ontained in the Public Hearir�g Reoord
ooncernirg Application 19 as set forth in the Minutes of the
Planning Oa�nission Meetir�g of Jarn�ry 8, 1990, and are inoorporated by
refererice as tho�uglz fully set forth herein.
II ) P12�TDCr DATA ,
Application No.: 19�IM-89
Applicant: City of Cupertino
Property Owner: Heirs andfor Devisess or Clifford J. Siimns, AKA
Clifford J. Sinm�s, Sr., Deceased c/o Marion S. Hart
Conservator
I,ocation: East side of NleClellan Road, south side of Scenic
Circle
III) QONDITIONS AL�IINISTII2ID BY � PZ�ANNING DEPAR'INIF3�TI'
1. Z� P�I'DC'I'ION
The current awner ar�d all subsequent owners of Parcel 1 shall provide
a plan for preservation of the existi.r�g specimen trees on the subject
property prior to future site develo�xnent. Said plan shall include
graphic depiction of protec,�tion device.s to be installed along the
dripline perimeter of each tree for the duration of construction
activities. The plan shall include a written report fram a oonsultitlg
arborist or larxLscape architec.�t, wh�e selection shall be approved Yyy
the Depart�ne.nt of Planning and DevelopnPnt p�rior to preparation of the
report. Said report shall detail measures to be taken to ensure the
survival of said specimexLS duri.ng and after construction.
The uar�er/develc�r shall post a bond in the a�mowzt of $5, 000/tree to
guarantee preservation and health of the specim�n�trees identified in
the plan. The bond shall be posted prior to demolition of structures,
site clearanoe or gradi.ng, whichever oa;urs first.
2. FL�OOD ZONE
Any development in the Flood Zone shall oonform to Chapter 16.52 of
the Municipal Code.
RF50I�TrION N0. 4237 (19 1/8/90
PAGE - 3 -
IV) OONDITIONS A�JISI�2ID BY � PUBLIC WORKS DE'PARrlT�TI'
3. S'I'REEr WIDF3dING
StC82t W1d2rL12'KJ� ]I[�Y'OVE'Ii12I$S aI']Cl CI�1Cdt101]S St'lc,"�ZZ �72 p�'OV1C�� ltl
a000�noe with City Star�d,ards ar�d specif ications and as required by
the city E�gineer.
4. Cth2B AND G'CTITII2
Cl�rbs ar�d gutters, sidewalks ar�d related structures shall be installed
in a000rdanoe with grades ar�d standards as specified by the City
E�girieer.
5. �I'RE�r ISC�PTNG INSTALIATION
Street lighting shall be installed and shall be as appraved by the
City �gine�r. Lic�ti.r�q fixtures shall be positioned so as to
preclude glare and othex forn►s of visual interferetx:e to adjoining
propeYties, arya stlall be no nigner thar, the maxi.mo�mi heignt permittea
by the zone in which the site is located.
6. F'Il2E HYDRAI�fr
Fire hydrants shall be located as rec�iired by the City.
7. TRAF'FIC SIGNS
Traffic oontrol signs shall be plaoed at locations specified by the
City.
8. SIREET TREFS
Street trees shall be planted within the Public Right of Way and shall
be of a type approved by the City in aovordanoe with Ordinance 125.
9. GRADING
Grading shall be as approved ar�d required by the City F�gineer in
a000rdance with Ordinatx:e 125.
10. DRAIl�IGE
Drainage shall be provided to the satisfaction of the City �ginePS.
Surfaoe flaw ac,ross public sidewalks may be allowed in the R-1, R-2
and R-3 zones unless storm drain facilities are deemed neoessaYy by
the City �gine�s. Develc�nent in all other zonirig districts shall be
served by on site storm drainage facilities connec,�ted to the City
storm drainage system. If City storm drains are not available,
drainage facilities shall be installed to the satisfaction of the City
�cJitieer •
RF50IU�ION NO. 4237 (19- 1/8/90
PAGE - 4 -
11. UNDIItGF�(JLAJD LJI'IL►ITIFS
The developex shall oo�rq�ly with the ts of the Ur�dergrow�d
Utilities Ordinarx� No. 331 ar�d o�ther related Ordinances and
regulations of th�e City of Cx�pertino, and shall 000rdinate with
( affected utility prwic�ers for installation of w�derground utility
device.s. The develaper shall sukmit detailed plans showir�g utility
provisions. Said plans shall be subject to prior approval
of the affectsd Utility pravider and the �City II�gineex.
12. DEVELOPI�fr AGREII�r
If Parcel 2 is sold to a private interest, the awner shall enter into
� a develop�.nt agreement with the City of Gvpertino prwiding for
payment of fees, including but not limited to checking an�d inspection
fees, starm drain fees, park dedication fees an�d fees for
ir�q of utilities. Said agreem�nt shall be executed prior
to issuar�ce of oonstruction permits .
PASSID AND ADOPTID this 8th day of January, 1990 at a Regular Meeting of
the Plannir�g Cxnnnission of the City of Clipertino, State of California, by
the follvwir�g roll� call vote:
AYF�: OCY�M�IISSIONII2S: Blaine, . Claudy, Mackenzie, and Chairman Adams
NOFS: aCY�SSIONIIZS: Nor�e
ABSI'AIlJ: CJCL�M�IISSIONII2S: None
ABSII�T: OC�M�IISSIONE�2S : None
A'I'I'EST: APPROVID:
/s/ Robert S. Cowan /s/ Victor Adams
F2obert Cvwan Victor Adams, Chairn�an
Director of Oa�rnxnity Develop�nent Cupertino Planning Camnission
�sos (�i�rr89)