Reso 4253 /
2JIl�I-90
C I T Y O F C U P E R T I N O
10300 Torre Avernxe
C�apertino, California 95014
RE50L�JI'ION No. 4253
OF TI� PIANNING OC�'A�SSION OF THE CITY OF CUPF�TIl10
RDOONII�VDING APPf�VAL OF Z'IIVTATIVE MAP TO SUBDIV�E 1.28 A(�2ES
IlaI�O SIX LalS R�NGING IN ARFA FR(.�I 7, 500 S. F. TO 11, 000 S. F.
SECTION I: FINDINGS
WI�2EAS, the Plannir�g Ccetunission of the City of C�pextino received an
application for a Tentative Stiibdivision Map, as described on Page 2 of
this Resolution; and
WI�FAS, the neoess�ry public notioes have been given as required by the
subdivision and Prooedural Ordinances of the City of Cupertino, and the
Planning Ca�rnnission has held at least one Public Hearing in regard to the
application; and
Srii�3ERF.AS, the Planning Coarnmission finds that the application meets the
follcxaing requirements:
a) That the pro�posed subdivision map is consistent with the City of
Cupertino General Plan and ariy applicable Specific Plan.
b) That the design or i.�rave�nent of the pro�osed subdivision is
consistent with the Ge.n�sal Plan aryd any applicable Specif ic
Plan.
c) That the site is physically suitable for the type ar�d intensity
of develo�anent oonte�lated under the approved subdivision.
d) 'It�at the design of the subdivision or the proposed in�rovements
are not likely are nat likely to cause substantial envirormiental
damage nor substantially ar�d avoidably injure fish and wildlife
or their habitat.
e) 'It�at the design of the subdivision or the type of i�rovements
associated therewith are not detr�mental to the health, safety,
peaoe, morals ar�d general welfare of persons residir�g or working
in the vicinity of the subdivision.
f) 'That the design of the subdivision and its associated
i�ravements will not conflict with easements acquired by the
� public at large for aocess through or use of property within the
proposed subdivision.
NOW, ��ORE, BE IT RF50L�7F�:
That upon careful consideration of maps, e�i.bits, facts, testimony and
other evidence suk�iitted in this matter, the application for Tentative
I Subdivision Map is hereby rec�m�ended for appraval, subject to the
� cor�ditions enwmerated in this Re.solution beginning on Page 2 thereof; and
Resolution No. 4253 (2JIM-90) April 9, 1990
Page -2-
BE IT �7RTf�2 RF50LUID:
That the subconclusions upon which the firidings and cor�ditions specified
in this Resolution are based are oontained in the Public Hearing Record
conoerning Application 2�INI-90, as set forth in the Minutes of the
Planning C,ce�nission Meeting of April 9, 1990, ar�d are incorporated by
reference as thax� fully set forth herein.
SEJCZ'ION II: DE�2IPTION
Application No.(s) 2-'II�I-90 and 6-EA-90
Applicant James Sisk
Pro�erty Owner Albert Alves
Loc•,ation North side of Rainbow Drive w�est of and
adjacent to the SPRR Corridor
SDCTION III: OONDITIONS ACt�IISI'II2ID BY 'I'HE PUBI,IC WORKS DEPA�
1 SIREET WIDIIdING
Street widening, i7►�rwe�rits ar�d dedications shall be pravided in
a000rdanoe with City Star�dards ar�d specifications and as required by
the city �gineer .
2. CC1RB AND GCTITII2
Curbs and gutters, sidewalks ar�d related structures shall be installed
in a000rdanoe with grades ar�d star�dards as specified by the City
b
3. S�I'REEl' LIC�I'INC IN,STAI T ATTQN
Street lighting shall be installed ar�d shall be as appro�ved by the City
F��gineer. Lightir�g fixtures shall be positioned so as to preclude
glare ar�d other forms of visual interfere.nce to adjoining prc�pexties,
aryd shall be no higher than the maxima�un heic�t permitted by the zone in
which the site is located.
4. FIRE HYL)RAI�Fr
Fire hydrants shall be located as required by the City.
5. TRAF'FIC SIGNS
Traffic control signs shall be plac�d at locations specified by the
� City.
1
6. ST'REEI' TRF�S
Street trees shall be planted within the Public Ric�t of Way and shall
be of a type appraved by the City in accordance with Ordinance 125.
�
Resolution No. 4253 (2 April 9, 1990
Page -3-
7. GRADING
Gradinq shall be as approv+ed ar�d required by the City �gineer in
aocordanoe with Ordinanoe 125.
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City IIigineer.
S�arfaoe flvw across public sidewalks may be allvwed in the R-1, R-2
and R-3 zones unless storm drain facilities are deen�ed neoessary by
the City IIzginePS. Develo�ament in all ather zonirig districts shall be
served by on site storm drainage facilities oonnec.�t,ed to the City
storm drainage system. If City storm drains are nat available,
drainage facilities shall be installed to the satisfaction of the City
�giryeer -
I 9. UND�i7riD iTI'a1TIES
� The develaper shall coaYq�ly with the requirEments of the Undergrowxl
Utilities Omdinanoe No. 331 arid other related Ordinances and
regulations of the City of Ctiipertino, ar�d shall 000rdinate with
( affect,ed utility prwiders for installation of undergrour�d utility
devices. The developer shall suxmit detailed plans shvwing utility
provisions. Said plans shall be subject to prior approval
of the affected Utility pro�vider ar�d th,e City II�ginePS.
� 10. AC�t�r
�e project developer shall enter into a develo�xxnent agreemetzt with
the City of Cupertino providing for payment of fee.s, including but
not limited to checking ar�d inspec,-tion fees, storm drain fees, park
( dedication fees ar�d fees for w�d ' of utilities. Said
� agree�nent shall be executed prior to issuarx� of construction
Pexmits •
11. 'I�2ANSFbFd�2.S
Electrical transformers, telephone vaults ar�d similar above ground
equignent enclosures shall be screened with fencing ar�d lar�dscapirig
or located w�dergrvund such that said equi�xzt is not visible fram
public street areas.
� 12. DIDICATION OF WATE�2 LIl�TES
The developer shall dedicate to the City all waterlines and
a���urtenances installed to City Star�dards arid shall reach an
' agreement with San Jose Water Works for water service to the subject
devel�it.
(
Resolution No. 4253 (2�Il�I-90) April 9, 1990
Page -4-
CITY IIIGINF.F�2� S CF�T'IFICATE OF
AOCEPTANCE OF ENGINEQtIldG/SURVEYING OONDITIONS
(Sec,�tion 66474.18 CA. Gov't. Oode)
I hereby oertify that the engineerir�g ar�d surveying coryditions specif ied
in Sec.-tion III of this Resolution oonform to generally accepted
engiriee�'ing Practioes .
Travioe �itten, Asst. City
F]'x�'-
SDCTION IV: C�ONDITIONS ACNII�TISI�2ID BY 'I4� aC[�M�[JNITY DEVELAPN�1'r DEPT.
13. P,PPR�C7VID ��I'I'S
'I'he reccgrnmer�dation of approval is based on F�chibit A, except as may be
amerrded by the Coryditions oontained in this Resolution.
14. NBJDIFTC'ATION OF APPI�VID DEVELlJPN�1T PLAN
In the everit that the applicarYt or subsequerit pro�erty awner shall
desire to make ariy minor changes, alterations or an�ment of the
appraved develop�nent plan, a written request or revised developanent
plan shall be suxmitted to the Direct.or of Plaruiing arrd Develo�nt.
If the Direct�or makes a firiding that the changes are minor ar�d do not
result in a material affect upon the appearanoe or fwx.-tion of the
project, said changes may be oertified on the revised plan. If
appraval of said changes is withheld, the applicant may appe,al to the
Planning Ccernnission.
If the Director fir�ds that the requested changes are material, such
chariges shall be referred to the Plannir�g Ga�nission for approval. If
the changes are denied by the Planning Camnission, the applicant may
appe,al to the City Cauricil as provided in City Ordinanoe No. 652.
. If said changes are apprwed by the Planning Coa�umission, an appeal may
be made to the City Cauncil by ariy interested party. Ftirther, any
Member of the City Council may request a hearing before the City
Council regarding said appraved changes. Said request shall be made
within ten (10) days fresn the date of appraval of said changes by the
Planning Cce�unission.
Resolution No. 4253 (2-'IM-90) April 9, 1990
Page -5-
15. TREE PF�1'�CZ'ION
Zhe applicant shall provide a plan for the pratection of the five
tree.s designated as 1 an E�ibit B. A bor�d in th�e amaunt of
$5,000/tree or ather suitable quarantee subject to the Public Works
shall be posted to ir�e pratection of the specimen trees
and the replaoemerYt of 24 in. reclw�od if necessary. Zhe bond shall be
posted prior to site clearaix�e or grading, whichever occurs first.
A tree plan st�all be provided for the three trees designated as 2 on
�ibit B. If these trees are remaved for develo�xnent, they shall be
repla�ed with 36 in. or equivalent tree.s to be planted in the front
Yard ax'ea •
16. DII�LI'I'ION RDOUIRII�Tr
All existing structures on the site snall be removed prior to or
ooncurrently with project construction. The developer shall assim�e
� the responsibility to obtain all required deimlition permits in
a000rdance with City Ordinanoes.
' 17. SEPTIC TANK
The abandorm�nt of the septic tank shall be aocce�q�lished to the
satisfaction of the Santa Clara Caulty Health Departx�nt.
18. SOIL CJONrAI�IINATION
( A soil study shall be perforn�ed to irrvestigate th�e presenoe of fuel or
pesticide coritainers. Mitigation measures shall be implemented if
soil oontamination is confiz The study ar�d mitigation measures,
if neoessary, shall be su�mitted prior to recordation of the final
�P •
M 19. SIDE YARD S�IBACKS
, The w�esterly side yard setbacks on Lots 3, 4, and 6 shall be 10 feet.
PASSID AND ADOPTID this 9th day of P,pril, 1990, at a Regular Nleeting of
the Planniryg Ccernnission of the City of Ct�ertino, State of California, by
the followir�g roll call vote:
AYES: oC[�M�SSIONII2S: Adams, Fazekas, Mackenzie, Mann, Cha��n Claudy
NOES : aC�M'IISSIOI�2.S :
ABS`rAIl�T : OCt'M'IISSIONII2.S :
� ABSFiVT: OC��IISSION�2S:
A'1'1'FL�': APP�VID:
� f s/ �tobert cc�wan Js� John claudy
Robert Ccywan John Claudy
� Director of Ccarnrnanity Develc�xnent Ct�pertino Planning Ccarnn.ission
peresos/rso2trn90