Reso 4261 ' 6�IIK-90
C I T Y O F C U P E R T I N O
10300 'Ibrre Avenue
Ct�ertino, California 95014
RFSO?�JI'ION No. 4261
OF � PZANNING aC�IISSION OF � CIZ'Y OF CCTPF�TIl�10
RF70�NDING p►PPRp�TAL OF TIIVTATIVE NIlo,p 'I�0 S'UBDIVIDE A 0.98
AQ2E PAFtC.',E[� II�fIO 'IW� L�7I5 II�TOC�ASSING 20, 900 S. F. AND
21, 700 S. F. RF�PDCI'IVELY
SDGTION I: FINDINGS
WI�2EA..S, the Plannir�g Cce�anission of the City of C�pertino received an
application for a Tentative S�bdivision Map, as de_scribed on Page 2 of
this Resolution; ar�d
WF�2FAS, the necessary public natioes have been given as required by the
subdivision and Prooedural Ordinanoes of the City of Cupertino, and the
Plannir�g Oatamission has held at least one Public Heari.rig in regard to the
application; and
� WF�tE'AS the Pl Ccernnission firrls that the a licat'
, annu�g pp ion meets the
follvwing requirements:
a) That the pro�osed subdivision map is consistent with the City of
Cupertino Gexieral Plan.
b) That the design or i�rovement of the proposed subdivision is
consistent with the General Plan ar�d ariy applicable S�ecific Plan.
c) That the site is physically suitable for the type ar�d intensity of
( development cont�lated under the approved subdivision.
d) 'Ihat the design of the subdivision or the praposed improvements are
not likely are not likely to cause substantial envirornnental damage
nor substantially ar�d avoidably injure fish and wildlife or their
habitat.
, e) That the design of the subdivision or the type of improvemetzts
as��ociated therewith are nat detrimental to the health, safety,
peaoe, morals ar�d general w�elfare of persons residing or working in
the vicinity of the subdivision.
f) Z3�at tt�e design of the subdivision and its as.sociated i�rwements
will r�ot conflict with easements aoquired by the public at large for
aooess thraugh or use of pro�erty within the prc�osed subdivision.
NCx�1, ��ORE, BE IT RF50LUID:
►
That ug�on careful consideration of maps, e�i.bits, facts, testimony and
other evidenoe sutmitted in this matter, the application for Tentative
S�bdivision Map is hereby reocarnnerrled for approval, subject to the
coryditions ernnnerated in this Resolution beginning on Page 2 thereof ; and
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Resolution No. 4261 (6 04/25/90
Page -2-
BE IT FL��2 RF50L�7ID:
That the subc�onclusions upon which the f it�dirigs and cor�ditions specif ied
in this Resolution are based are o�ritained in the Public Hearing Record
conoerniriq Applicati� 6-�IM-90, as set farth in the Mirrutes of the Regular
Ad7a�r�ed Planninq �nmission Meeting of April 25, 1990, and are
irioorporated by referenve as tha� fully set farth herein.
SDCTION II. PR�T�C'Z' LIATA
Applicatio�► No (s) : 6-ZM-90 ar�d 12-EA-90
Applicant: William c�ier�erich
Property Owner: william (�er�gerich
I,ocation: Northwesterly termirrus of Liridy Iane
SFXTION III. 00NDITIONS AII�TISI�2ID BY THE PUBLIC WC�RKS D�A�
1. GE2ADING
Grading shall be as approved ar�d required by the City �gineer in
acoardanoe with Ordir�noe 125. Gradirig for the joirit driv�.way shall
result in a nat�aral appearing driveway.
2. D�RAIl�GE
Drainage shall be provided to the satisfaction of the City �gineer.
3. LAVD�ID UIZLITIF�
The develc�er shall ocnQly with the requiremeizts of the Ur�dergroLU�d
Utilities Ordinanoe No. 331 ar�d other related Ordinances and
regulations of th,e City of C�perti.no, ar�d stlall 000rdinate with
affectsd utility providers for installatian of wzdergra�u�d utility
devioes. 'The clev+elc�er shall sukmit c�etailed plans showing utility
pro�visions. Said plans shall be subject to prior appraval
of the affec,�ed Utility prwider ar�d the City IIzgineer.
4 . AG12EII�g1�Tr
T��e p�oject developex shall enter irito an agreement with the City of
C�ertir�o p�widir�g for payment of fees, including but not limited to
c��eckit�q at�d inspectioa� fees, storm drain fees, park dedication fees
ar�d fees far� of utilities. Said agreement shall be
executed p�iar to issuanoe of co�str�ctioai permits.
5. 2�2ANSF�O�iS
Electrical transformers, teleghone vaults and similar above grow7d �
equipmellt enclos�es s�l�all be screened with fencir�g and lar�c]scaping or
located w�dergramd such that said equipoment is nat visi.ble froan public
street areas.
Resolutio� No. 4261 (6�II�90) 04/25/90
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6. DIDICATI�T OF S�,'I'gt LINFS
Z3�e develapPS shall dedicate to the City all waterlines and
appurt�nar�oes installed to City Star�dards ar�d shall reach an agreement
with Reglin Mutual Water Co. water servioe to the subject development.
7. SAI�Tl'�PiRY S�S
Zhe p�aperty shall apply to the C'tipertino Sanitary District for
sanitary sew�er servive prior to suhnittal of the final map.
8. GD�IIJGY
Additional geotechnical studies shall be voa�q�leted on Parcel 2 to
develap detailed d�e.sign reooa�ener�d�atiw�s for frnu�dations, retaining
walls, driveways, drainage it�rov�ements, pavement ar�d slabs on grade.
ZY�e patential for future slvpe instability shall be addressed, ar�d
detailed mitigati�► plans shall be p�aared as neoes.sary. Remov�al of
unstable t.a�soil, as recat�neryded in the 03/12/90 report of JCP, shall
be ocmpleted simultaneaLSly with oonstniction i�rovemerits.
Results of the supple�ne.ntal geotechnical irrvestigations shall be
appraved by the City �gir�eer prior to issuanoe of building permits or
� t of grading.
9. �D N�iIl�frII�NCE AiGREF�IV'I'
A reciprocal mairitenanoe agreeqnent shall be required for all parcels
which share a vamroaz private drive or private roadway with one or more
( ather paYnels within the tract. Said ac�eement shall be recorded in
oonjunction with reoordation of the final map, ar�d shall be subject to
prior appraval as to farm and oontent by the City Attorney.
� 10. FVI[7RE ROAi�,Y A�LTISITION
The subdivider shall reoord a oavenant with the final map obligatirig
I future property vwners to p� in the cost of aoquisition and
im�r�ove�nent of a public roadway voa�t�ec,�tir�g the subject subdivision to
Lindy Iane if such actioal is initiated by th,e City at a future time.
Donter►t and form of said oovenarYt shall be subject to approval of the
� City Attort�y before reoordation. The City may require construction
of said public roadway at such time as five or more prc�erties are
obligated to participate in the oost of such in�rovement. The subject
lication co�u�ts far twe such obli ted ies.
�'P 4a P�
11. REI'AINING i�LZ P'LACII�l�Nr
� 'TY�e retaining wall on Paroel 2 shall be located such that no ooatq�onent
� th�ereof er�roaches upon adj aoent Pro�e�'tY oper
. The devel is
enoaaraged to locate said retainir�g wall to the �slope side of the
� �i��y � m; n; m; ze visibility t�hereof to adj oinirig properties ar�d to
rech�oe surct�arge loadir�g. Final configuration of said wall shall be
I subject to apprvval of the City �gineer.
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Resolutiari No. 4261 (6-ZM-90) 04/25/90
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CI'I'Y ENGINEII2' S CQtTIFIrATE OF
AOC�TArTCE OF FSTGIlIF.FRIl�TG/SURVEYING QONDITIONS
(Se��tion 66474.18 CA. Gov't. Code)
I hereby oertify that the er�gineering and surveyir�q ooriditions specif ied
in Secti� III of this Resoluti� oonfarm to generally aooepted
�9�� P�ctioes.
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Travioe i�itten, Asst. City �gr.
SF7CTIaIJ IV. O�NDITIONS AI�IIS�ID BY 'IHE OC7�'IlKUNITY DEVELfJPN�Fr
D�AFt�Tr
12. AP'P1�3VID �LIBI'I'S
The reoam�e.nd�atioal of appraval is ba.sed on the e�ibit labeled
�entative Map, November, 1989, of application 6JII�I-90, exoept as may
be amer�ded by the cor�ditions oontained in this Resolution.
13. N1�DIFTCATION OF APP�VID DEVIIAPN�fr PL�N
In the event that the applicant or subsequent Pro�ertY vwner shall
desire to make arYy minor changes, alterations or amer�nent of the
apprwed devel� plan, a written request or revised developme�lt i
plan shall be suxmitted to the Director of Planning ar�d Develc�►nt.
If the Director makes a fir�dinq that the changes are minor ar�d do nat
result in a material affect upo�l the appearanoe or function of the
project, said c�v�ges may be oertified on the revised plan. If
apprwal of said chariges is withheld, an ap�licant may ap�peal to the
Plannirig C�ennissio�►.
If th�e Directar fir�d.s that the requested changes are material, such
c�anges shall be referred to the Plannir�g �ission for appraval. If
the c�atx�es are denied by the Plannit�g �atamission, the applicant may
appeal to the City �il as provided in City Ordinanoe No. 652.
If said d�anges are approved by th�e Plannirig c7caramission, an appeal may
be made to the City Cauicil by atzy ir�terested party. Flarther, ariy
Me.mber of the City �il may requ�est a hearing before the City
C�uncil regardir�g said appraved char�ges. Said request shall be made
within ten (10) days frcem the date of appraval of said changes by the
Planning C7oa�nission. �
14. OFF SI'RF�T PARE�IG
Four (4) aitdoar parkir�g spaoes shall be pravided on Parcel 2 in
addition to tw�o ( 2) enclosed garage spaoes to oo�nper��ate for the lack
of public street garkir�g.
Resolution No. 4261 (6JIM-90) 04/25/90
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15. FIRE SAF'ETY
Class "B" or better roof material shall be provided on all structures.
An approved NFPA 13 D residential automatic fire sprinkler system
thro�zout any future residence construated on Parcel 2 shall be
prwided withaut listed exceptions.
16. FF�TCING
Fencing shall be restrict:ed in aoc�rdarice with Policy 5-10 of the
General Plan to facilitate animal migration. This require.n�alt shall
not allo�w more solid fencing than that allvwed by the RHS zoning
district.
PASSID AND ADOPTID this 25th day of April, 1990, at an Adjourned Regular
Meetirig of the Plannirig Ccgnnnission of the City of Cup�rtino, State of
California, by the follcywing roll call vote:
AYFS: C�SSIONII2S: Mann, Fazaeksa, Adams, Mackenzie, C�r. Claudy
NOES: �SSIONIIZS: None
ABS'I'AII�T: OC[�Il�IISSIONIIZS: None
ABSIIVT: C7C�SSIONII2S: None
ATI�'.SI': APPI�JVID:
�s/ Robert Cowan js/ John �laudy
Robert Cc�aan John Claudy, Chairman
Director of Ooirnrnxnity Develop�ne.nt Cupertino Planning Connnission
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