Reso 4239 17�iM-89
C I T Y O F C U P E R T I N O
10300 Zbrre Avenue
Cupertino, California 95014
RFSOI�TI'ION No. 4239
OF 'IHE PZANNING �Il�IISSION OF TI� CITY OF CUPF�RTIl�TO
APPRpVING A TIIaI'ATIVE PAFtC,EL MAP 'I+0 DNIDE
16, 800 9Q. FT. IlV'I�0 2 Ifyl'S (7, 600 SQ. FT. + EACS) IN
AN R-1-7.5 ZONE
SF7GTION I • FINDIl�TGS
H�FAS, the Planning Ccarnnission of the City of Cupertino received an
application for a Tentative S�abdivision Map, as described on Page 2 of
this Resolution; and
( WI�2E'AS, the neoessary public natioes have beeaz given as required by the
subdivision and Prooedural Ordinanoes of the City of Cupertino, ar�d the
Planning Cw�nmission has held at least one Public Hearing in regard to the
application; and
Wf�2F.AS, the Plannirig Ccarmiission finds that the ap�lication meets the
�
follaaing requirements:
a) That the proposed subdivision map is c�onsistent with the City of
Cupertino General Plan ar�d any applicable S'pecific Plan.
b) That the design or it�rove�m�nt of the proposed s�bdivision is
consistent with the General Plan aryd any applicable Specific
Plan.
c) That the site is physically suitable for the type and intensity
of develo�nent contemplated ur�der the approved subdivision.
d) That the design of the subdivision or the proposed in�rweme.nts
are nat likely are not likely to cause substantial envirornmental
, damage nor substantially ar�d avoidably injure fish ar�d wildlife
or their habitat.
e) That the design of the subdivision or the type of i�rovements
as.sociated therewith are not detrimental to the health, safety,
peace, m�rals and general welfare of persons residing or w�rkirig
in the vicinity of the subdivision.
f) That the design of the subdivision and its associated
improvements will not oonflict with easements aoquired by the
public at large for ac�ce.ss throuc�i or use of property within the
proposed subdivision.
NC7W, �E�RE, BE IT RF.SOLUID:
'That upon careful consideration of maps, e�ibits, facts, testiumriy ar�d
other evidenoe suxmitted in this matter, the application for Tentative
S�ibdivision Map is hereby reoaa�uneryded for approval, subject to the
conditions enwnerated in this Resolution beginning on Page 2 thereof; ar�d
Resolution No. 4239 (17�IlK-89) January 9, 1990
Page -2-
BE IT FiTRIf�2 RF50L�lID:
'IY1at the subconclusions upon which the f ir�dings and conditions specif ied
in this Resolution are based are coritained in the Public Hearing Record
oonoerning Application 17-'IM-89, as set forth in the Minutes of the
Planning Ccenani.ssion Meeting of January 9, 1990, and are inc�orporated by
refererx�e as th� fully set forth herein.
SF3CTION II • PRQTF7GT UA'�,
Application No(s): 17-'IM-89
Applicant: James Sisk
Prc�exty Owner: Jahn & Patsy Hell
I�ocation: 21984 MoClellan R�ad
Paroel Area: 16, 800 + sct. ft. arid . 385 Acres
� S�CI'ION III: UONDITIONS ADNIINISTII�ID BY TF� P'UBLIC W�ORKS D�ARIN�3�]T
l. S'I'REET WIDF�TING
Street widening, i�rovements ar�d dedications shall be provided in
aa�ordanoe with City Standards ar�d specifications and as required by
( � c�� ��.
2. GCTRB AND C�TI�'�
� CUrbs and gutters, sidewa]ks and related structures shall be installed
I in aooardanoe with grades arid standards as specified by the City
� �gineer.
3. SI'R�r LIC�I'IlJG INS`rAI�iATION
Street lic�ting shall be installed and shall be as appraved by the City
�gineer. Lic�ting fixtures shall be positioned so as to preclude
glare ar�d other forms of visual interfereix�e to adjoining prdperties,
ar�d shall be no higher than the maxim�un height permitted by the zone in
which the site is located.
4. FIRE HYDRAI�Fr
Fire hydrants shall be located as required by the City.
5. SI'REE,T TR�
Street trees shall be planted within the Public Ric�t of Way ar�d shall
be of a type appraved by the City in a000rdance with Ordinanoe 125.
6. GFi�DING
Grading shall be as approved and required by the City F�gineer in
aoc�ordanoe with Ordinanoe 125.
�
Resolution No. 4239 (17�IlK-89) January 9, 1990
Page -3-
7. DRAINAIGE
Drainage shall be pravided to the satisfaction of the City F�gineer.
Stiirfaoe flow across p�ublic sidewalks may be allowed in the R-1, R-2
atxi R-3 zones unless storm drain facilities are deemerl neoes.sary by
the City F�gineer. Develo�enent in all o�ther zoning districts shall be
served by on site storm drainage facilities oonnect.ed to the City
storm drainage system. If City storm drains are not available,
drainage facilities shall be installed to the satisfaction of the City
F�igineer.
8. UNDIItQ�DUND iTrILITIFS
The developer stLall oo�q�ly with the requirements of the Urydergraut�d
Utilities Ordinance No. 331 aryd other related Ordinances aryd
` regulations of the City of Cupertino, and shall 000rdinate with
affec.�t�ed utility providers for installation of ur�dergraur�d utility
devioes. The developer shall su}anit detailed plans showing utility
undergraurri pravisions. Said plans shall be subject to prior approval
of the affec.-ted Utility pravider ar�d the City �gineer.
� 9 . AiGREE��V'I'
The project developer shall enter into a development agreement with
the City of CUpertino providing for payment of fees, includi.rig but not
limited to checking ar�d inspec,�tion fees, storm drain fees, park
dedication fees and fees for undergraunding of utilities. Said
agreement shall be executed prior to issuanoe of �nstruction permits.
10. 2�2ArTSFbFd�2.S
Electrical transformexs, telephone vaults arid similar above gr�
equiptnent enclosures shall be sczreened with fencing ar�d lar�dscaping
or located underground such that said equipanent is not visible frcem
public street areas.
SE�GTION IV: QONDITIONS A�III�IISI�RID BY 'I� OO�K[7NITY DEVELlJPN�Tr
DEPA�VT
11. APPROVID EXEIIBITS
The recogrunerydation of appraval is based on �entative Map �ibits
� dated November 1989, exoept as may be amex�ded by the Cor�ditions
cont,ained in this Resolution.
12. PRNP,TE DRIVEWAY QOVII�N`r
'Ihe applicant shall reoord an appropriate deed restriction aryd
oavenant running with the lar�d for all parcels which share a�n
driveway or private roadway with one or more other parcels as depicted
on �entativ+e Map E�ibit of this application. Said deed restriction
� shall pravide for necessary reciprocal irigress/egress easements to and
froam the affected parcels. Said �s�nts shall be reoorded at such
time as interest in one or more of the affected paroels is initially
sold or transferred to another party.
Resolution No. 4239 (17�I-89) January 9, 1990
Page -4-
� 13. ROAD MA.Il�TIIIANCE AGRF�'I'
A future reciprocal maintenanoe agreement shall be required for all
paroels which share a oca�bn private drive or private roadway with �e
or m�re other paroels within the tract. Said agreement shall be
reoorded in oonjunction with reoordation of the paroel map, and shall
be subject to prior appraval as to form ar�d oontent by the City
Attorney.
� 14. DII�LIT'ION R�UIRII�1'r
All existing structures on the site shall be removed prior to or
vorxu�rently with project oonstruction. The develc�per shall asstmtie
the responsibility to obtain all required demolition permits in
ac�ance with City Ordinanoes.
( 15. FIRE SPRIl�IIZLII2S
Reside.ntial fire sprinklers shall be installed in all structures built
� on Lat 2 in a000rdanoe with Central Fire District's requirements.
, PASSID AND ADOPTID this 9th day of Ja�y, 1990 at a R�gular Meeting of
I the Planning Co�r�nission of the City of Cupertino by the following roll
call vate:
AYFS: OCd�Il�IISSIONg2.S: Claudy, Mackenzie, Blaine, C��r. Adams
NOFS : �SSIONIIZS : None
P,BSI'AIN: C�C[�M�IISSIONg2S: None
ABSIIVT: OC[�Il�IISSIONg2S: None
A�I'E'3r: AP�VID:
Js/ Robert Cvwan �s/ victor Adams
RObel� C�oWan Vi.atOY' AdamS � Ct�ai rn,��n
Director of C.a�tnmuiity Develap�nent Gtizpertino Planning Ca�rnnission
peresos/rso17tm89
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