Reso 4258 � 3-ZM-90
1
CITY OF GUPII�T'Il�10
10300 Torre Avenue
G'upertino, California 95014
RE.SOLiTI'ION N0. 4258
OF � PLANNING O�SSION OF � CITY OF C[JPII2TIl�t0
APPROVIlJG 73� SUBDIVISION OF ONE IlJT IN'I�O � PARCECS
M�ASURIl�TG 10,140 S.F. AND 10,045 S.F.
S�C;TION I • FIlVDINGS
W�S, the Planning Connnission of the City of Cupextino received an
application for a Tentative S�bdivision Map, as described on Page 2 of
this Resolution; and
WFID�EAS, the neces.sary public notives have been given as required by the
subdivision and Procedural Ordinanoes of the City of Cupextino, and the
Planning Co�rnnission has held at least one Public Hearing in regard to the
application; and
WI�2E'AS, the Planning Ccarnnission finds that the application meets the
follawing requirements:
a) That the proposed subdivision map is consistent with the City of
Cupertino Ge.ne,ral Plan and any applicable Specific Plan.
b) That the design or i�rovement of the proposed subdivision is
oonsistent with the Genexal Plan arrd ariy applicable S'pecific Plan.
c) That the site is p�ysically suitable for the type arxl intensity of
develo�ment oontemplated w7der the appraved subdivision.
d) That the design of the subdivision or the proposed improvements are
not likely are not likely to cause substantial envirorrmental damage
nor substantially and avoidably injure fish arid wildlife or their
habitat.
e) Zhat the design of the subdivision or the type of improvements
associated therewith are not detrimental to the health, safety,
peace, morals aryd general welfare of persons residirig or workirig in
I the vicinity of the subdivision.
f) That the design of the subdivision and its associated i�rovements
will not oonflict with easements aoquired by the public at large for
aocess thraugh or use of pro�rty within the proposed subdivision.
NC�1, ��ORE, BE IT RESOLUID:
That upon careful consideration of maps, ea�ibits, facts, testimony and
other evidetice suxmitted in this matter, the application for Tentative
Subdivision Map is hereby reornrnmended for approval, subject to the
conditions ernmterated in this R�solution beginning on Page 2 thereof; and
� BE IT FURTf3II2 RESOL�TID:
, 'It1at the subc:onclusions upon which the f ir�dings ar�d conditions specif ied
in this Resolution are based are contained in the Public Hearing Reoord
concerning Application 3�II�I-90, as set forth in the Minutes of the
Plannirig Cce�unission Meeting of April 23, 1990, and are incorporated by
� referexioe as thouc� fully set forth herein.
Resolution No. 4258 (3�l-90) 04/23/90
Page -2-
SF7CTION II: DESCRIP'I'ION
Application No. (s) 3-'IIK-90 and 8-EA-90
Applicant Ron E. Tripiano
Praperty Owner Clare,nce and Margaret Ann Flick
Location North side of MoClellan Road, 425 ft.
east of Stelling RAad
S�CI'ION III: UONDITIONS ADN�NISTII�ID BY 'Ii-iE PUBLIC WORKS DEPAF�'IMIIV'I'
l. SI'RF�EI' WIDII�TING
Street widening, imprweme.nts ar�d dedications shall be provided in
a000rdaric�e with City Standards aryci specifications arxl as required by
the city IIzgineer.
2. GURB AND G[TITII2
Curbs and gutters, sid�walks and related structures shall be installed
in a000rdance with grades and star�dards as specified by the City
�gineer.
3. S'IRE�r LIC�iTING INSI'AL�LATION
Street lighting shall be installed ar�d shall be as approved by the
City �gineer. Lighting fixtures shall be positioned so as to
preclude glare aryd other forms of visual interferexx:e to adj oining
prc�erties, ar�d shall be no higher than the maxinnun heic�t permitted
by the zone in which the site is located.
4. FIRE HYDI�FI'
� Fire hydrants shall be located as required by the City.
5. SI'REEr ZREE.S
Street trees shall be planted within the Public Right of Way ar�d shall
be of a type appraved by the City in aocordanoe with Ordin�nce 125.
6. GF2ADING
Grading shall be as appraved and required by tlze City �gineer in
aocordanc:e with Ordinanoe 125.
7. DRAINAGE
Drainage shall be pravided to the satisfaction of the City F�gineer.
Resolution No. 4258 (3�IiK-90) 04/23/90
Page -3-
8. UND�1D iTI'ILITIFS
The developex shall �oanq�ly with the requirem�ents of the Uryderground
Utilities Ordinanoe No. 331 and other related �s and
regulations of the City of Ctipertino, ar�d shall c�oordinate with
affected utility praviders for installation of undergrrnu�d utility
devioes. Zhe develc�er shall sutmit detailed plans shaaing utility
underground pravisions. Said plans shall be subject to prior approval
of the affec.-ted Utility pravider aryd the City IIzgineer.
9 . AGREEi�I'I'
The project develop�r shall enter into an improvement agreemerit with
the City of Ctiipertino providing for payment of fees, including but not
limited to cheaking ar�d inspec.�tion fees, storm drain fees, park
dedication fees and fees for irig of utilities. Said
agree�lt shall be executed prior to issuance of construction permits.
10. ZRANSFOFd�tS
Electrical transformers, telephone vaults and similar above groiu�d
equipment enclosures shall be scree.riecl with fencing and landsc.aping
or located w�derground such that said equipgnent is nat visible frcan
public street areas.
11. PRIVATE DRIVEWAY C�C�
The subdivider shall prepare an appropriate deed restriction aryd
cavenant runriing with the larXi for use of the flag corridor on Lot 1
as a shared c�mr�n driveway serving Lot 2. Said deed restriction
shall provide for r�essazy reciprocal ingress/egress easements to and
frcan the affec.-ted paroels. Said easements shall be reoorded at such
time as interest in one or more of the affected parcels is initially
� sold or transferred to anather party.
12. ROAD N@,IlVTII�NCE AGRE�IIIVT
A reciprocal maintenance agree�ment shall be required for all paroels
which share a��n private drive or private roadway with one or more
other parc�els within the tract. Said agreement shall be reoorded in
oonjunction with reoordation of the final map, and shall be subject to
prior approval as to form aryd content by the City Attorney.
13. ABANDONID WA'I'II2 WEL�IS
�
The property vwner shall seal abandoned or ariy unu�sed water wells if
the City, after c�nsultation with the Santa Clara Valley Water
District, determines that said ab��donecl or unu��ed water wells have a
potential to contaminate the water supply.
Resolution No. 4258 (3�Il�I-90) 04/23/90
Page -4-
CI'I'Y IIJGINF�2' S CF�2TIFICATE OF
A�TANCE OF IIJGIlJE�ING/SURVEYING QONDITIONS
(Sec.�tion 66474.10 C'A. Gav't. Code)
I hereby oertify that the engineering an�d surveying c�onditions specified
in Sec.�tion III of this Resolution vonform to generally acoepted
en51neering Practioes.
Travioe i�itten, Asst. City F�ngr.
RCCE No. 20363
SDCI'ION IV: C70NDITIONS AI�INISTII2ID BY THE OCNIlKUNITY DEVEIAPN�!' DEPI'.
14. APPRdVID E�ffBITS
The approval is based on the Tentative Map diagram dated February,
1990 of application 3-JII�I-90, exoept as may be ame.nded by the
oonditions oont.ained in this Resolution.
A five (5) ft. wide easeme.nt shall be pravided on the east side of the
flag oorridor on Lot 2 in favor of Lot 1 for ingress/egress purposes,
unless said flag corridor is eliminated in acoordance with condition
17 belcxa.
15. DII�LITION RDQUIRII�fI'
All existirig structures on the site shall be removed prior to or
ooncurrently with the first sale of either lot created by the
subdivision. The developer shall asstm�e the responsibility to obtain
all required demolition permits in acoordanoe with City ordinance.
16. AC�CESS RESTRICTION
At such time as Lot 2 is develaped with a riew dwelling, access to said
Lat 2 shall be restricted to the adjacent flag oorridor on Lot 1, with
no clirect curb cut or driveway apening to MoClellan Road.
17. ACCES.S AL
Prior to reoorclation of the final map, the subdivider shall
de�nonstrate that Lot 1 does nat have an existing ric�it of aocess to
Tula Iane. If said right of aooess is demonstrated, the flag corridor
portion of said Lat 1 leadirig to MoClellan Road shall be eliminated.
Resolution No. 4258 (3-�IM-90) 04/23/90
Page -5-
� PASSID AND ADOPTID this 23th day of April, 1990 at a Regular M�eetirig of
the Planning Cw�umi.ssion of the City of Cupertino by the follawing roll
call vote:
� AYES : OC�M�IISSIONIIZS : Fazekas, Mackenz ie, C�r . Claudy
NOFS: �C�M'�SSIOIVII�.S: Adams, MaIIII
� ABSI'AIl�T: OCA�M�IISSIONIIZS: None
ABSII�T: aONIl�IISSIONE�2.S: None
ATT'F�I': APP'RaVID:
�
/s f�tobert cc�wan Js� John clauc�y
Robert Cowan John Claudy, Chairmaiz
Director of Coanununity Develapment Cupertino Planning Carrnnission
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