Reso 4260 18-�IM-89
C I T Y O F C U P E R T I N O
10300 'Ibrre Avenue
Cupertino, California 95014
I RFSOIZTrION No. 4260
OF � PLANNING OCI�SSION OF Z� CITY OF GUPII7I'Il�10
RDOC�IDING A�'P�OVAL OF TF�ITATIVE N�,P Z�0 S'�7BDIVIDE A 0.98
I ACRE PARCQ� INI�O THI2EE 71yI'S RAI�TGING IN SIZE FR�i 1.1
TO 1.7 ACRFS
I
SDCTION I: FIl�iDIlJGS
�FAS, th�e Plannir�g C7anrmission of the City of CX�ertino received an
application for a�e.ntative S�abdivision Map, as described on Page 2 of
this Resoluti�; ar�d
Wfm2E'AS, the r�eoessary public natioes have been given as rc�� i red by the
subdivision and Prooedural Ordinai�oes of the City of G�ertino, and the
Plannirig Cxmaission has h�eld at least one Public Hearing in regard to the
applicatioal; ar�d
WI�EAS, the Plannir�g C3carnnission firids that the application meets the
follvwir�g requirements:
( a) Zlzat the pro�osed subdivision map is consistent with the City of
CUpertino General Plan and ariy applicable Specific Plan.
b) That the design or i�r�we�ment of the prc��osed subdivision is
oo�.sistent with the C�eneral Plan ar�d any ap�licable Specific Plan.
c) That the site is physically suitable for the type and inten.sity of
I development vontem�lated ur�der the approved subdivision.
d) 'Il1at the design of the subdivision or the prvposed improvemeilts are
nat likely are not likely to cause substantial ernirorm�ental d�m�age
nor substantially ar�d awidably injure fish ar�d wildlife or their
habitat.
� e) ZY�at the desic� of the subdivisian or the type of impravements
as��ociated th�erewith are not detrimental to the health, safety,
peaoe, mar�als arid general w�elfare of persons residing or �rking in
the vicinity of the subdivisio�.
f) 'Ihat the design of the subdivision ar�d its as��ociated improvements
will nat c�onflict with e.ase�ments ac�quired by the public at large for
aooess thraigh or use of praperty within the propo�ed subdivision.
NOW, 'I��tEF�RE, BE IT RF50LUID:
That upon careful oonsideration of maps, exhibits, facts, testim�ny and
vther evidenoe su�mitted in this matter, the application for 'Pentative
Stiibdivision Map is hereby reoatamended for appraval, subject to the
corxli.tions ernnnerated in this Resolutio�► beginning on Page 2 thereof ; and
Resoluti� No. 4260 (18�II�I-89) 04/25/90
Page -2-
BE IT �LA7ii�R RE50LUFD:
�
'That the suboonclusions upon which the firydir�gs ar�d conditions specified
in this Resolutioai are based are contained in the Public Hearing Reoord
oonoernir�g Applicati� 18- as set forth in the Minutes of the
�d7�urned Regula�' Plannir�g Cc�nission Meet�r�g of April 25, 1990, ar�d are '
incorporated by refere.noe as � fully set forth herein.
I
SDGTION II. PRQTDCT OATA
Application No (s) : 18JII�i-89 ar�d 42-FA-89
Applicarit: Larrv Miller
Prc�per'ty Owr�es: Iarrv Miller
Loc,ati�: West side of the sautherly termirius of Upland Way
SDCTION III. OONDITIONS A�1IS1'II2ID BY TI� PUBLIC WbRKS D�A�]'r
1. S�I'REEr WIDEI�LING
i
�
Street widening. i��ovements ar�d dedications shall be providecl in
a000rdarioe with City Standards ar�d specifications and as required by
the City �gine�r.
2. GURB AND GUITII2
C�'bs ar�d gutte.rs, sidewalks ar�d related structures shall be installed
in a000rdanoe with grades ar�d star�dards as specif ied by the City
�git�eer.
3. SI'REET I�I(3�I'IN(; Il�1.S`i'AT r ATTQN
Street lic�tir�g shall be installed ar�d shall be as ap�prwed by the
City E�gineer. Lic�tit7g fixtures shall be positioned so as to
preclu�e glare ar�d ather for� of visual interference to adjoining
properties, and shall be no hic�er th�n the m�axinn�m heic�t permitted
by th�e zone in which the site is located.
4. FIRE HYD�2ArF!'
Fire hydrant.s shall be located as required by the City.
5. SI'R�r TRE'�SS
Street trees shall be planted within the Public Ric�t of Way ar�d shall
be of a type approved by th�e City in aooardanoe with Ordinanoe 125.
Resoluti� No. 4260 (18-�89) 04/25/90
Page -3-
6 . C�DING
I
Gradir�g shall be as approved ar�d required by the City �gineer in
aocordanoe with Ordinanoe 125. The City �giriee,r shall approve the
paveamexit surfaoe type ar�d texture far the private driveway in
� oonjunc.�tioa� with the iap�nve�nent plans.
� 7. DRAIl��IGE
Drainage shall be p�avided to the satisfaction of the City �gineer.
Zhe subdivid�r shall be required to participate in the aoquisition and
in��nent c�osts fa� the offsite sewer connec-tion depicted on the
ap�roved Parvel Map plat. The drainage syste9m shall also include
app�op�iate measures to dissipate storm water er�ergy before it enters
Uplat�d Way.
8. iAVD�LAVD Ifl�IES
� The c�ev+elc�er shall camply with the require�nents of the ihrler�ground
Utilities Ordinan�e No. 331 ar�d other related ar�d
regulatio�s of the City of Ctipertino, arx] shall c�oordinate with
affec,�ted utility p�aviders far� installation of w�derground utility
� devioes. The develc�per shall sukmit detailed plans shvwing utility
provisions. Said plans shall be subject to prior approval
of the affect.ed Utility pravider and the City E�gineer.
9 . AGRE�TI'
'Il1e project develc�er shall enter into an agreement with the City of
( C�ertino prwidirig for payment of fees, includir�g but nat limited to
checking and inspec�tion fees, storm drain fees, park dedication fee.s
ar�d fees for irg of utilities. Said agree�nent shall be
executed p�iar to issuanoe of oonstruction permits.
10. TRANSFnFd�'2.S
Elec,�trical transfor�mers, telephone vaults ar�d similar �bave grourid
equipment ericlosure.s shall be screened with fencir�g ar�d l�apir�g
ar located suc�i that said equi�anent is not visible froan
public street areas.
11. DIDICATIC�T OF i�Z'II2 LINFS
The dev�elaper shall dedicate to th�e City all waterlines and
a es installed to City Star�irds ar�d shall reach an agreement
with San Jose Water Co. to prcyvic�e water service to the subject
develc�nent .
12. SANITARY S�.S
The p�perty shall apply to the C�ertino Sanitary District for
annexation to their servioe area, ar�d shall provide the neoessary on
site ar�d off site sanitary sew�er servioe oonnection inq�rovements prior
to suYamittal of th�e final map.
Resolutio�l No. 4260 (18-'II�89) 04/25/90
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13. G
Additional cal studies shall be
qeotechni oo��leted on Paroels 2 and 3
to develo�p detailed d�sign reooamer�dations for faux�ations, retaining
walls, driveways, drainage i�rovpments, pave�nent ar�d slabs on grade.
The po�tential far future slcype instability shall be addres.sed, and
detailed mitigatioal plans shall be p�epared as necessary, Removal of
w�stable tq�soil, as reoam�ended in the 04/05/90 report of Purcell,
Rhoade.s & Associ.ates shall be oa�leted simultaneously with
aanstru�cti� inp�o�ments.
Res�lts of the s��plemental geotechnical irivestigations shall be
apprw�ed by the City �gineer p�ior to issuanoe of buildirig permits or
of gradi.r�g.
14. PRIVATE DRIVB�TP,Y OWII�2'
�e subdivider shall prepare an apprapriate deed restriction and
oovenant Yvnning with the lar�d for shared driveway aooess with Parcels
2 and 3. Said deed restriction st�all prwide for reciprocal
irgress/egress e� to and frc�n the affect.ed parcels. Said
ease�ts shall be reo�ed at s1�ch time as interest in one or more of
the affec.�tred paroels is initially sold or transferred to another
P�'tY •
A reciprocal maintenance agreament shall be required for all parcels
which share a vata�ron private drive ar� p�ivate road�way with one or more
other parvels within the tract. Said agreemealt shall be subject to
prior app�oval as to form and content by the City Attorney.
CITY ENGINEQt' S C,QtTIFICATE OF
AOC�'I'A1�TCE OF ENGIlJE�tIlJG/SURVEYING OONDITIONS
(Sec�tion 66474.18 CA. Gov't. Code)
I hereby oertify that the erygineering and surveying conditions specified
in Sec.�tioai III of this Resolutioai vo�form to generally aooept.ed
esxJineerir�9 P�actioes.
Travioe Whitten, Asst. City E�igr.
SDCI'ION IV. vOIVDITIONS AL'N�IISI�2ID BY Zi� aCNIl�i�UNIZ'Y DEVF�L(JPI�FI'
D�AFt�]'I
15. P,P'PIt�VID �IIBI'I'S
Zhe recomm�e.x�dation of approval is laased on the e�ibit labeled
Tentative Map 04/25/90, of applicatio�► 18JIl�I-89, exoept as may be
amended by the cor�ditions contained in this Resolution.
Resoluti� No. 4260 (18-�89) 04/25/90
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16. M�DIFICATIOI�i OF APPRpVID DEVIIAPN�r PIAN
In th�e event that the applicant or subsequent property owner shall
desire to make arYy minor changes, alterations or amer�nent of the
apprvved develc�pment plan, a written request or revised devel�nt
plan shall be sutamitted to the Director of Plannirig ar�d Develo�ment.
If the Directar� n�ak,�s a f ir�ding that the c,haryges are minor ar�d do not
result in a materi.al affect upon the appearanoe or function of the
p��oject, said c�arrges may be oertified on the revised plan. If
app�wal of said d�ar�ges is witht�eld, an apQlicant may appe,al to the
Plannir�g Cannis.sioai.
If the Direct�ar fir�ds that the requested c�ariges are material, such
chat�ges shall be referred to the Planninq Comni.ssi� far appraval. If
th�e c�anges are d�enied by t��e Plannir�g Ccnunission, the applicant may
appeal to th�e City Oau�cil as p�ovided in City Ordinanoe No. 652.
If said changes are apprwed by the Planning Ccgtmiission, an appeal may
'� be made to the City c7�uncil by ariy interested party. Ftzrt any
Mc�mber of th�e City C7a�ncil may req�est a hearing before the City
C�aancil regarding said app�wed changes. Said request shall be made
within ten (10j days fran the date of app�aval of said changes by the
Planning �ion.
17. OFF STREEr PARI�JG
Fo�ur (4) autdoor parking spaoes shall be prwided on Paroels 2 ar�d 3
in add ition to twe ( 2) enclose�d garage spaoes to �erLSate for the
lack of public street parking.
18. FIRE SAF�'IY
Class "B" or better roof material shall be provided on all structures.
An apprvved NFPA 13� residential autcematic fire sprinkler system
thro�ughaut arYy fut�e reside.r�ce ooa�stn�c�tecl on Paroels 2 ar�d 3 shall
be pravided without listed exo�tians.
19. F'ENCIl�iG
Fencinq shall be restrict.ed in a000rdanoe with Folicy 5-10 of the
General Plan to facilitate animal migration. The project shall also
va�ly with solid fencirig restrictions stated in Sec.�tion 12 of the RHS
zonir�g district.
20. QOVII�Nr RDC�RDING GD�LrJGIC HA7,�2D6
Zhe subdivider st�all reoord a crn�ena�nt on each lot to be transferred
informirig fut�e lat purchasers of the existenoe of geologic haz�rd.s
in the area, and additionally, that s�ecial develo�nnent regulations
apply to arYy vonstruc.�tion o� the lo�t.
Resolutian No. 4260 (18�IM-89) 04/25/90
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21. S7�PE DFNSITY CRIDIT
Application of tt�e one-half acre Foathill modified slope density
formula results in a total yield of 3 ciw�ellir�gs for the site. Slope
density c,redit fran arYy specific lat or graup of lots cannot be
transferred. Zt�e applicant may �just p�operty line.s, subject to City
approval, if said action will nat create additional dwellings.
A vavenant nu�ing with the land in favar� of the City as appraved by
the City Attorney shall be reoorcled to ensure oo�q�liance with the
regulations prohi.biting transfer of slape density clwoelling unit
�it.
22. Q2ADING R�VIII�T BY LAND6CAPE ARC�IITDGT
A registered larxL�cape architect shall review gradirig plans ar�d shall
suhnit a plan to prevent soil esosion ar�d visually screen extensive
cut and fill areas. Zhe intent of the visual screen is to soften
gradir�g scars. A 100� sc�'eexiir�g effect is nat required.
23. F'II2E ACCES.S LANES
Tl�e private driveway shall be designated as a f ire lane ea��ment on
th�e final map ar�d shall be posted to preclude parkirig therein.
24. TREE PR�I'DCZZON
The applicant shall prwide a plan for p�reservation of the existirig
snecimen trees � tl�e subject �y, with the following exoeptions:
Trees No. 15, 16, 21, 22, 23 as identified in the arborist's report of
03/14/90.
Said plan shall includ�e a field grown Oak specimen scale replacement
for Tree #23 to be located oa� Parcel 3 a000rdirig to the arborist's
reoaRe�x�d�ation. Said plan shall inclu�de graphic depiction of
pro�tec,�tioa�► devioes to be installed along the dripline perimeter of
each tree priar� to th�e of, arid to be maintained for the
d�atiori of oonstnx.-tioal activities .�e subdivider shall in�lement
the cl�tailed measure.s to be taken to ensure the survival of all ather
specimer�s as depicted in the referenoed Arborist's report.
A�pecialized p�eservation plan shall be devised for retention of
Trees No. 18 ar�d 24, given their proximity to the driveway slape area.
Staff shall ooardinate the expertise of the project arborist aryd
engineering geologist at the building permit stage to minimize
disturbanoe of existir�g soils in the vicinity of specimen tree.s
resultiryg fram slape stability repairs refererioed in Cor�dition 8
above. If re�maval or replaoeme.nt of specimen oaks beoo�nes neoessazy,
the applicant will be required to return to the Planning Cxe�unission
with a tree replaoement/mitigatian program.
Resolution No. 4260 (18JIiK-89) 04/25/90
Page -7-
PASSID AND ADOPTID this 25th day of April, 1990, at an Adjourned Regular
M�eeting of the Plannirig Cwr�nission of the City of Cupertino, State of
California, Y�i the following roll call vote:
AYF�: OC�M�IISSIONF�2.S: Mackenzie, Adams, C�r. Claudy
NOES: O�Il�SSIODTII2.S: Mann, Fazekas
ABSI'AIl�T: �NIl�SSIONIIZS: None
P,BSFIVT: �M+IISSIONII2.S: None
ATl'ES''r: AP1��1ID:
�sJ Robert cowan fs/ John Claudy
Robert Cvwan John Claudy, Chairn�an
Director of Cararnanity Development Cupertino Plannirig Canunission
peresos�rsol8t�ms9