Reso 4259 1-'IM-90
CITY OF CUPII�I'INO
10300 Torre Avenue
Ctiipertino, California 95014
RF�OLUI'ION NO . 4 2 59
OF TI-iF. PI�INNING C'OMP�IISSION OF � CITY OF CUPER`I'INO
DI3�IYING `i'f SUI3DIVISION OF ONE L�7I' INTO `IWO P11RC��C.S
ME11S'iJRING 19, 600 S. F. �1ND 22, 700 S. F. , RESPECI'IVELY
SECI'ION I _FINDINGS
WHF�F2F11S, the Planning Conunission of the City of Cupertino received an
application for a P3rce1 Nfap, as described on Page 2 of this Resolution;
and
WH.F�2F.AS, the applicant has failed to meet the burden of proof required to
support said application.; and
Wf-�tEAS, the Planning Commission finds as follows regarding the
application:
a) That the use is detrimental to existing homes and improvements
adjacent to the subject site due to potential disturbance from the
flag lot driveway corridor. -
b) The propex�ty is inadequate in size and shape to acco�m�odate
additional development intensity.
NpW, TfiF�2EF'ORE, BE IT RFSOLVID:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this mattex, the.application for is hereby
denied.
That the subconclusions upon which the findings in this Resolution are
`� based upon and contained in the Public Hearing record concerning
Application 3-TM-90 as set forth in the Minutes of the Planning Co�nission
Meetirig of April 23, 1990, and are incorporated by reference as though
fully set forth herein.
SECTION II: DF�Q2IPTION
Application No. (s) 1-'I'M-90 and 8-EA
_ Applicant . Ronald Tripiano
pr�o�xty p4,n Mr, and Mrs. Vince D �
Location North sid of McClella Road� 100 ft.
West of }3onnv Drive
Resolution No. 4259 (iJIM-90) 04/23/90
Page -2.-
PA.SSID AND ADOPTID this 23th day of April, 1990 at a Regular Meeting of
the Planning Commission of the City of Cupertino by the follawing roll
call vote:
AYES: COM[�SSIONII�S: Adams, Mann, Mackenzie� Fazekas, Chr. CTaudy
NOES : C�OMI�SSIONERS : None
ABSTIIIN: COMNNRSSIONER.S: None
]�BSL'NT ; OOMNNUSSIONIIZS : None .
A'ITEST : APPROVID :
f sf Robc�rt Cow�n f s/ John Claudy
Robert Cowan John Claudy, C7iairman
Director of Conununity Development Cupextino Planning Co�nnission
' peresos/rsoltm90
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A T T� C H M E N T 1
l. STRF�T W
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Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Enginc�er.
� 2. CCIR}i 11ND GIIPI'F32 IN4'ROV�`PS
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
L�gineer .
3. SI'FtFFT LIGHTING INST�TION
Street lighting shall be installed and shall be as approved by the
City �gineer. Lighting fixtures shall be positioned so as to
preclude glare and other forms of visual inte:rference to adjoining
� properties, and shall be no higher than the maximum height permitted
by the zone in which the site is located.
4. FIR H YDRIINT
Fire hydrants shall be located as required by the City.
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5. S"PRF�P TREFS
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 125.
6. GRADING
Grading shall be as approved and required by the City F�gineer in
accordance with Ordinance 125.
7. DR AINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
8. UNDERGROUND UI'IL,ITIES ._...
The developer shall com�ly with the require.ments of the Underground
Utilities Ordin�nce No. 331 and othes related Ordinances and
regulations of the City of Cupextino, and shall coordinate with
affectecl utility providers for installation of ur�derground utility
devices. The developer shall sukanit detailed plans shc7wir�g utility
underground provisions. Said plans shall be subject to prior approval
of the affectc�d Utility provider and the City Ft�gineer.
9. IMPROVEN�3�'I' AGRF�.N�]'r
The project developer shall enter into an im�rovement agreement with
! the City of Cuperti.no providir�g for payme.nt of fees, including but not
limited to checking and inspec-'tion fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said
agre�ment shall be executed prior to issuance of construction pexmits-
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10. TRANSFO�S
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Electrical transformers, telephone vaults and similar above ground
equipment enclosures shall be scxeened with fencing and landsc�ping
or located undex�ground such that said equipment is not visible from
� public street areas.
11. PRIVATE DRIVFWAY COVIIIANT .
The subdivider shall prepare an appropriate deed restriction and
covenant running with the land for use of the flag corridor on Lot A
as a shared co�mion driveway se.rving Lot B• Said deed restriction
shall provide for necess�y reciprocal ingress/e�gress easements to and
from the affected parcels. Said easements shall be recorded at such
time as interest in one or more of the affected parcels is initially
sold or transferred to another party. --
� 12. ROAD MAIN'I'II�tANCE AC�FtF_.�II�I'
A reciprocal maintenance agreem�nt shall be required for all parcels
which share a co�rnnon private drive or private roadway with one or more
other parcels within the tract. Said agreement shall be recorded in
conjunction with recordation of the fi.nal map, and shall be subject to
( prior approval as to form and content by the City Attorney.
13. ABANDON�'�D WA'PF�2 WF�i-►S
` The property awner shall seal abandoned or any unused water' wells if
� the City, after consultation with the Santa Clara Valley Water
District, determines that said abandoned or urn�sed water'�wells have a
( potential to contaminate the water supply.
14. APPROVF� �IIBITS
The approval is based on the Tentative Map diagram dated February,
1990 of application 3-TM-90, except as may be amerx�ed bY the
conditions contained in this Resolution.
( A five (5) ft. wide easement shall be provided on the east side of the
flag corridor on Lot 2 in favor of Lot 1 for ingress/egress purposes,
I unless said flag corridor is eliminated �n accord�nce With condition
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15. ACCESS RE.S`PR_ZCTIOIV
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At such time as Lot B is developed with a new dwellirig, access to said
� Lot B shall be restricted to the adjacent flag corridor on Lot A, with
no direct curb cut or driveway opening from Lot B to McClellan Road.
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16. FIRE SPRII�
Any dwelli.ng unit construc. on L�t A atLall be f itted with a
( residentisal fire sprinkler system, as required by the City in
consultation with the Central Fire District.
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