Reso 4272 5JIl�I-90
C I T Y O F C U P E R T I N O
10300 Zbrre Avenue
Cupertino, California 95014
RF50L�T1'ION NO. 4272
OF THE PLANN.II�G �'�IISSION OF Tf� CITY OF CUPII�I'IlJO
� R�CJ�Il�VDING APPROVAL OF A TIIVTATIVE N�►P 'PO SUBDIVIDE
A 2.07 GROSS AQ2E PAFZ(;Q� IN'PO IIC�iT IIC77I'S RANGING IN SIZE
FT�f1M 7, 560 SQ. FI'. TO 13, 050 9Q. FT.
� SECTION I • FIlJDINGS
Wf�S, the Planning C�oanunission of the City of Cupex reoeived an
application for a Tentative Subdivision Map, as desc.ribed on Page 2 of this
Resolution; and
WI�2EA8, the necessary public notices have been given as required by the
1 subdivision and Prooedural Ordinance.s of the City of Cupertino, and the
Plannirig Ca�rnnission has held at least one Public Hearing in re�gard to the
' application; and
Wf�E2F'.AS, the Plannirig Carnnission finds that the application meets the follvwing
requirements:
a) 'I'hat the pra�osed subdivision map is oonsistent with the City of
Cuper General Plan.
(
b) That the design of the subdivision or the proposed i�rovements are
not likely to cause substantial envirornmental damage.
�
c) That the design of the subdivision or the type of improvements
associated there�aith are not detr�mental to the health, safety, peaoe,
( morals and general welfare of persons residing or working in the
vicinity of the subdivision.
d) That the design of the subdivision and its associated improvemP.nts
will not conflict with e.asemeizts aoquired by the public at large for
aooess through or use of praperty within the pro�osed subdivision.
e) That the existing c�oast live oak trees on Lots 2, 3, ar�d 6 are
� significant specimens worthy of retention and integration into the
design of the develo�nent.
� NOW, ��ORE, BE IT RESOLUID:
' 'Ihat upon careful consideration of maps, e�ibits, facts, testimoriy and other
` evide.noe sulamitted in this matter, the application for Tentative Stiibdivision
� Map is hereby reo�nnended for appraval, subject to the oonditions ernmnerated in
this Resolution beginning on Page 2 thereof; and
i
BE IT F'�JKI��t RF50L�7ID:
� That the suboonclusions upon which the findings and conditions specified in
this Resolution are based are oontained in the Public Hearing Record conoerning
� Application 5-'IM-90, as set forth in the Minutes of the Plannirig Caanmtission
Meeting of June 25, 1990, and are ino�rporated by referexic�e as though fully set
forth herein.
Resolution No. 4272 (S�IM-90) 06/25/90
Page -2-
( SFX,TION II: PRUTF7CT DESCRIPTION
Application No(s): 5�IM-90
i Applicant: Clayton N. Stokes
Property Owner: First Baptist Church of Morita Vista
� I�ocation: 21971 MoClellan Road
Parcel Area: 2.07 Acres
i
SF7CI'ION III: QOrTDITIONS A�TIS"I'II2ID BY � P'UBISC WI�RKS DEPAR'Ii�l'I'
1. SIREET WIDII�TING
Street widening within the pro�osed subdivision and half street
impravements for MoClellan Road aryd dedication s�all be provided in
aocordanoe with City star�dards arid specifications at�d as required by
the City IIigineer.
I
The applicant will be responsible for removal of the existing San
( Fernando Avenue kulb, reconstruction impravements including
reoonstruction of front yard.s damaged during this work and all oosts
associated with possible ab�andorrme.nt of lands to gain aocess to the
subdivision.
The entry aligrmtent for lots 4& 5 shall be oonfigured to allow
I retention of the e�sting 15" spruoe tree specimen which within the
right of way.
The applicant will oca�lete street i�rovements (widening) on San
' Fernando Avenue at the Blackberry Farm entranoe to the satisfaction of
the City �gineer.
� 2. CtJRB AND GCTITII2
Curbs and gutters, sidewa]ks and related structures shall be installed
in acoordarx� with grades aryd standards as specified by the City
Engineer.
3. S'I'REEI' LIC��TING INST��A'1'TON
� Street lightirig shall be installed and s�all be as approved by the City
�gineer. Lighting fixtures shall be positioned so as to preclu,cle
glare and other forms of visual interferetx�e to adjoining properties,
and shall be no higher than the maxim�m height permitted by the zone in
which the site is located.
4. FIRE HYDRAN'I
Fire hydrants shall be located as required by the City.
(
1
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Resolution No. 4272 (5�II�I-90) 06/25/90
Page -3-
( 5. TRAFFIC SIGNS
Traffic oontrol signs shall be plaoed at locations specified by the
City.
►
6. S'I'REET 'I�2�S
Street trees shall be planted within the Public Right of Way and shall
be of a type appraved by the City in a000rclanoe with Ordinanoe 125.
7. G�DING
Grading shall be as approved ar�d required by the City �gineer in
acoordanoe with Ordinanoe 125, ar�d in aocordanoe with the final
geotechnical analysis. Grading activity near and below the t.op of
� bank for the adjaoent Stevens Creek riparian oorridor shall be further
restricted as provided in Condition 17 of this Resolution.
�
8. DRAINAGE
Drainage shall be pravided to the satisfaction of the City �gineer.
9. RETAIlVING V�L�LS
� Retaining walls required along the east praperty line, if any, shall
be installed by the developers at their expex�se as part of the
subdivi.sion improvem�nts.
�
10. iIND�UND UI'ILITIFS
' The developer shall c�oanq�ly with the require�ments of the Urydergraund
Utilities Ordinance No. 331 an�d other related Ordinance.s and
regulations of the City of C`up�rtino, arrd shall coordinate with
` affected utility praviders for installation of undergro�znd utility
I device.s. The develaper shall sukxnit detailed plans showing utility
undergrautld pravisions. Said plans shall be subject to prior approval
of the affec.�ted Utility provider aryd the City F�gineer.
� 11. Il�'ROVII�1'I' AGREQ�V'I'
The project develaper shall enter into an impro�veent agree�ment with
the City of Cupertino praviding for payment of fees, including but not
l to checking and inspec,-tion fees, storm drain fees, park
dedication fees and fees for w�dergrrnurling of utilities. Said
agreement shall be executed prior to issuance of oonstruction ��;ts.
�
12. 'IRANSFOFd�R.S
I
Electrical transformers, telephone vaults and similar above grour�d
� equipament enclosures shall be screened with fencing and landsc,apirig
or located undergraund such that said equipame.nt is nat visible frcan
' p�zblic street areas.
Resolution No. 4272 (5JII�I-90) 06/25/90
Page -4-
� 13. AB�TDONID �TII2 WELIS
The propexty owner shall seal abar�doned or unu_sed water wells if the City,
after oonsultation with the Santa Clara Valley Water District, determines
that said abandoned or unu_sed water woells have a patetttial to contaminate
� the water supply.
CITY IIJGINEE�2' S C�TIFIC'ATE OF
' AG�C,EPTANCE OF IIJGIl�ING/S�ING QONDITIONS
(Sec.�tion 66474.10 CA. Gov't. Code)
I herel�i certify that the engineering and surveying conditions specified in
Sec,-tion III of this Resolution conform to generally ac�oepted engineering
practice.s.
i
h Travioe Whitten, Asst. City Fhgr.
RCE No. 20363
SE)CTION IV: QONDITIONS AI�1IS1'ERID BY � UCNA�UNITY DEVELpPN�V'I' DEPT.
( 14. APPROVID �IIBITS
The recc�rnmeaX7ation of appraval is based on the Tentative Map diagram
depicting eight (8) lots, revision dated 06/20/90, as said diagram appears
' in file 5�IiK-90 exoept as may be ame.nded by the Conditions coritained in
this Resolution.
( 15. N�ODIFICATION OF APPRC�VID DEVEUOPN�I''r PLAN
In the event that the applicant or subsequent property vwrier shall desire
� to make ariy minor changes, alterations or amenc�inent of the approved
� developanent plan, a written request or revised develop�nent plan shall be
su�nitted to the Director of Planning arrd Develo�eme.nt. If the Director
makes a f irtding that the c,hanges are minor aryd do not result in a matexial
affect upon the appearance or func�tion of the project, said chariges may be
oertified on the revised plan. If approval of said changes is withheld,
the applicant may appe.al to the Plannirig CwYmiission.
� If the Director finds that the requested changes are material, such changes
shall be referred to the Planning Coanmtission for approval. If the changes
I are denied by the Planning Ca�nnission, the applicant may appeal to the City
Council as provided in City Ordinance No. 652.
If said changes are approved by the Plannirig C:oarnnission, an appe.al may be
, made to the City �il by any interested party. F�rther, ariy Member of
the City Ca.uicil may request a hearirig before the City C�il re�garding
� said appraved changes. Said request shall be made within ten (10) days
frosm the date of appraval of said changes by the Planning Canunission.
Resolution No. 4272 (SJII�!-90) 06/25/90
Page -
' 16. SIIS�IIC AND GE�]OIIOGIC HAZARD.S
An in-depth geotechnical study for the proposed develo�.nt must be
� provided to the city prior to issuanoe of gradirig peYmits outlining
reoc�m�eru7ations for drainage, fa.uydations, grading and mitigation of
� existing geotechnical proble�ns. The precise geotechnical investigation
shall be prepared in a000rdanoe with direction of the City Geologist, who
shall apprave its content ar�d reowrnner�d,ation prior to oo�nnence of site
i
preparation work.
17. RESTRICl'ION ON SIAPE DISIVRBANCE
The property owner shall reoord a deed restriction on Paroels 5, 6, 7 and 8
which shall preclude modification of the existing lar�d contours and
destruction of vegetation, and which shall prohibit grading activity for
ariy purpose dvwnslape of the 359' elevation line. The deed restriction
� shall expressly prohibit dtunping of excavated soils froam other areas in the
subdivision on the creek bank.
'
Thi.s restriction shall not preclude cca��pletion of reforestation activity
required under Condition 19 of this Resolution. However, the deed
( restriction shall pravide that only hand tools may be u��ed on the slope
� bank for planting and cultivating replacement ve�getation.
( If the property owner requests the �rtunity deviate frcan the
requireme.nts of this cor�dition, such request shall be placed before the
Plannirig Ccarnnission as an advertised public hearing, duly noticed in
a000rdanc:e with Prooedural Ordinanoe 652, with the Cwrnmission's
� reoaaYUnendation forwarded to City C�ancil for final consideration.
18. OOVII�TANT RF7GARDING DEVEIAPN�1'I' RDGULATIONS
(
The develaper shall record a c�wenant on each lat to be transferred
informing future lot purchasers of the existence of geologic hazards in the
area, and additionally, that special devel�zt regulations apply to any
construction on the lots.
19. DEVECDPNIF3�T STANDARDS
A) Solid Board Fencina: Solid board fencing shall nat be allcywed belcxa the
359 foat elevation.
B) Reforestation: Develop�nent belaw the 359 ft. elevation shall be limited
to deaks� spas. and nonpermanent structures. Covered and/or enclosed
private recrre�tion structures shall be exclu�ded. A detailed
� land.,scape/reforestation program for the slo��ed area on the west portion
of the subdivision shall be appraved by the Architectural aryd Site
Approval Cc�nnittee prior to issuanoe of the building permits. The intent
of said program is to hinder vie�ws frcen BlacJ�beY Farm and to reduoe
erosion. The program shall prooeed a000rdirig to the following direction:
� -�asize use of fast growing specime.ns that will hinder views of the
structures kuilt within the subdivision within three years after
develo�it is �q�leted.
- Reforestation principles shall not vonflict with the health of the
coast live oaks detailed in Corydition 20 of this resolution.
Resolution No. 4272 (5�IM-90) 06/25/90
Page -6-
' 20. 'IREE PFtESII7VATION
A) 'IREtEES 'I+O BE PRFSIIZVID
The 72" Oak tree on prol�osed Lot 2, the 42" Oak tree on Iat 3, and the
� 60"/30" Oak trees on L�t 6 shall be retained by the subdivider and by
all suocessive .
B) UONSII7VATION EASII�IV'I'S
i
The final map shall indicate the location of c�onservation easeme.nts on
paroels 1,2,3 & 6 to ensure preservation of specimen trees. TeYms of
easement shall be specified in a separate instnm�ent to be reoorded
sinwl.taneously with said final map.
The actual oonfiguration of the easements on each lot shall be
i established based on the surveyed location of each tree, and the
surveyed extexit of the tree canopy to be determined by Staff arid a
I oertified arborist_
Public utility ooanpanies shall not be allvwed to trench in the
designated easement area nor shall they be allvwed to place wires above
the trees and within the easeme.nt.
Final tentative map shall reflect a"ric�t of reasonable aoc�ss" for
� inspe�.�tion purpose.s by City Staff .
c) x�zcizort oF �� �crzc�.s
' The follawing actions which restrict availability of the air/water
balance favorable to roat grcxath are prahibited:
( 1) Installation of im�xviaus pavement bexieath the canopy.
2) Installation of frequently irrigated plants (once in two weeks or
more frequent).
3) Use of sprir�kler irrigation bene.ath the tree canopies, or irrigation
practices which wet the area within 3 feet of the trunk.
4) Use of turf grasses bexieath the canapy.
5) R�emoval of limbs or branches larger than 12" in diameter without a
report frcan an ISA Certified Arborist agreed upon by both the
property owner ar�d the Ccarnrn�nity Develo�anent Director.
6) Construction of a belvw grade spa or pool inside the drip-line of the
tree.s withaut conferenoe with the builder, atyd written directions for
pre.servation of adequate root mass of the trees by an ISA Certified
Arborist agreed upon by the property vwner and the C�ni.ty
Develap�nent Director.
7) Construction which causes the remaval of more than 15� of the
absorbirig root mass of any tree .
� 8) Change of soil grade bene.ath the canopy, atyd within 10 feet of the
�'Y•
�
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Resolution No. 4272 (5 06/25/90
Page -7-
� D) RDC)ONIl�TDID PRAGTIC�.S
1) Activities applicable to all specimens to be preserved:
a) F�ploratory drilling shauld oocur for pier plaoement of
� structures within 10 feet of trunk. If 4-inch diameter or largex
roats are enoauntered, piers shauld not be plaoed or drilled.
b) Mairitenarioe of a pest control program to prevent life-threatening
� damage by insects or diseases. This program should include
integrated Fest Management principals when practical.
c) Tree cuttir�g auast be done by an ISA Certified Arborist or Tree
Climber.
d) �cecution of a written stat.ament by the general contractor, prior
to release of builduig permits, that oonstruction personnel will
not re�mave, cut, break or damage any portion of the tree during
their work on site, aryd that they will nat d� effluent
► materials within 50 feet of a tree trunk, to include concrete
truck washing, concxete slurry, paint or paint thinner,
` fiberglass or fibesglass solvent materials or other chemicals.
e) Installation of protec.�tive barriers prior to issuance of gradirig
permits, and subject to inspeation by City Staff prior to
I t of site work. Specifications for said devioes and
F their precise location beneath each tree shall be specified by
� the project arborist. Prote�ion devices shall remain in place
for the duration of oonstruction activity.
� f) An ISA Certified Arborist must be present during the follawing
activities:
Removal of parking lat blacktop
` -Installation of tree protec,-tion barriers
Root oollar cleaning prior to oocupancy.
-Demolition of existing structures.
( 2) Activities a�plicable to 72" Oak on Lot 2:
a) Cable tree to prevent splitting at major junc-tion of all major
limbs prior to oocupancy.
3) Activities a,pplicable to 42" Oak on Lot 3:
a) Cable tree to prevent splitting at major junction of all major
limbs prior to oocupancy.
b) S'�ilrsurfaoe fertilize using supply of 600 gallons of
fertilizer/water mix; 4 potuxls Gree.nbelt 22-14-14 per 100 gallon
of water prior to issuanoe of building ��+;t.
41 Required deckinct
a) At the precise develop�nent plan stage, decJcirig must be outlined
( on the plans within the oonservation easement protecting the
trees. 'This decking sh,all be a mininn�m of 10 ft. - 15 ft. fr�n
� each of the protec-ted tree trunks ar�d must exte.r�d at least to the
end of the tree canopies. 'The exact ama�uit of space between the
trunk arrd the decking shall be detennined by Staff and a
� c�rtified arborist and cannot be less than 1/3 of the total tree
carx�py area .
Resolution No. 4272 (5�IM-90) 06/25/90
Page -8-
t E) RFSTRIGTION ON TREE RII�VAL
The subject condition is inte.nded to ensure the greatest chance for long
te.rm survival of the specimen trees identified for retention. Hc7wever, in
� the event that ariy such trees nuast be removed due to irreversible disease
or hazardaus corydi.tions, as determined by the CwYUmunity Develo�ement
� Direc,�tor in oonsultation with a oertified arborist, said tree remaval
permit shall be issued with the e�licit oor�dition that use of the spac�e
beneath the canapy of said tree shall be restric.�ted in the same manner as
` if the specimen tree was still pre.s�nt.
The intent of this pravision is to remove ariy incentive to intentionally
harm or weaken the tree such that its removal would allvw for use of the
underlying land for activities, such as installation of pools or
water-intensive lar�dsr.aPincJ, which wauld otherwise be precluded.
21. DFMOLITION R�QUIRII�1'I'
i
All existing structures on the site shall be removed prior to or
( concurrently with project construction. The dev+eloper shall asstm�e the
responsibility to obtain all required deYrolition permits in acoordance with
I City Ordinanoes ar�d arborist prot�ection guidelines.
� 22. IAT DIl�JSION AD�T[JS�I�S
Staff shall retain the option to effect minor adjustment of the lat
� dimensions for purposes of ensuring adequate building spac�e without harm to
retained specimen trees.
' 2 3. ON-SITE PARKING RE]QUIRII�VrI'
Paroels 4 and 5 are required to have a reciprocal driv�way easement. This
� easement shall extend the length of the two flag stems to the garage doors
of each paroel. This area n�ust provide for 6 parking spaoes, the design of
which is to be determined by Staff. This easement does not change the
� requirement of t�a�o garaged spaces per paroel.
PASSID AND ADOPTID this 25th day of June, 1990, at a Regular Meeting of the
Planning Co�nnission of the City of Cupertino, State of California, by the
follawing roll call vote:
AYES: OONIl�IISSIONERS: Adams, Fazekas, Mann, Vice-C�airman MacJcenzie
NOES : �IISSIONII2S : None
� ABSI'AIlJ: �SSIONIIZS: None
ABSIIVT: �SSIONIIZS: Chr. Claudy
� P,PPRAVID:
, ATl'F.S"I':
/sf Robert Cvwan �s/ Don Mackenzie
� Robert Cowan Don Mackenzie, Vice-Chairman
' Director of Coa�urnanity Develapament Gtxpertino Planning Cc�mLission