Reso 4273 4�Il�I-90
C I T Y O F C U P E R T I N O
10300 'Ibrre Avenue
Cxipertino, California 95014
RFSOIZT!'ION No. 4273
OF � PZANNING aCi�M�IISSION OF � CITY OF CCJPF�E2TIl�10
A�G A PARC� Ng�P TO S�JBDNIDE 0.98 AC�2ES
Il�I�O � LOr!'S MEAS[JRIldG .33 AND .38 AQ2F5
SDGTION I: F"Il�DIlJG.S
WI�2EA..S, the Plannir�g Oa�nnis.sion of th�e City of Gt�ertino reoeived an
application for a Tent.ative Subdivision Map, as described on Page 2 of
this Resolution; at�d
WI�2EAS, th� neoessary public natioes have been given as required by the
subdivision ar�d Procedural Ordinv�oes of the City of Cupertino, and the
Planning Ccs�amissio� has held at least one Public Hearir�g in regard to the
applicatioaz; ar�d
WI�2FAS, the Plannir�g Canmission finds that the application meets the
follvwirig requiremerits:
a) 'I�at th�e proi�osed subdivi.sion map is oonsistent with the City of
Ctipertino General Plan and ariy applicable S��ecific Plan.
b) That the design or in�rovement of the pro�osed subdivision is
consistent with the General Plan ar�d arYy applicable S'pecific Plan.
c) That the site is physically suitable for the type ar�d intensity of
develap�c�exYt oont�nq�lated w�der the approved subdivision.
d) 'IY�at th,e design of the subdivision or the prq�osed in�ravemexits are
nat likely are nat likely to cause substantial erYVirorm�ntal damage
nor substantially arid avoidably injure fish ar�d wildlife or their
habitat.
e) That the design of the subdivision or the type of improvements
as.sociated therewith are nat detrimental to the health, safety,
peaoe, morals ar�d general woelfare of persons residing or w�orkirig in
the vicinity of the subdivision.
f) That the d�esign of the subdivision ar�d its associated im�rovements
will nat conflict with easements avquired by the public at large for
aooess t��rax,� or use of property within the prc��osed subdivision.
NC7W, �ORE, BE IT RF�OL�IID:
That upon careful oonsideration of maps, e�i.bits, facts, testimony ar�d
other evidenoe suhnitted in this matter, the application for Tentative
Stiibdivision Map is hereby recoa�uner�ded for approval, subject to the
conditions ernm�erated in this Resolution be�ginnir�g on Page 2 thereof ; ar�d
Resolution No. 4273 (4-'II�i-90) 07/09/90
, Page -2-
BE IT FiTRZ4�R RE50L�7FD:
That the subconclusions upon whic� the firydirigs aryd cor�ditions specified
in this Resolutio� are based are oo�itained in the Public H�earing R�ec�ord
�oncerning Application 4�Il�I-90, as set farth in the Miriutes of the
`��� ��' Pl��l �i-ssioa� Meeting of Jul 9 1990 ar�d are
�rporated by referenoe as tl�ougti fu].ly set forth herein. � ,
SE�GZ'ION II. PRQTDCT L1ATp,
Applicatioal No. (s) 4-'II�90 and lO-EA-90
Applicarit Ddw�d M. Giuliani
��Y �r' Alioe l�uth Norman
Location North of adi aoexit to the sa�therlY
termun�s of L�land Way
SDCI'ION III. QONDITIOPIS A�TISI�2ID BY � PUB�IC WbRKS D�AF�3�TI'
1. SrR�I' WIDII�IING
Street widening, impr+ov�ments and dedicatioa�s shall be provided in
a000rdanoe with City Standa�ds and specifications ar�d as required b�,
the city E�gineer,
2. C'SJRB AND G'tTI'I'II2 g
C�arbs ar�d gutters, sidewalks and related structures shall be installed
in aocordar�oe with grades arid stat�dards as specified by the City
�gineer.
3. S'I12EET LIC�iI'ING INSTAI�L�ATION
Street lic�tir�g shall be installed and shall be as appravecl by the
City E�gineer. Lightir�g fixtures shall be positioned so as to
preclude glare ar�d other forms of visual interferenc� to adjoinirig
Prc�eY'ties, and shall be no higher than the maxim�un height permitted
by the zone in which the site is located.
4. FIRE HYDRANr
Fire hydrarrts shall be located as required by the City.
5. SrREEr Z�tg�
Street trees shall be planted within th�e Public Ric�t of Way ar�d shall
be of a tYPe aPprov+ed by the City in acoordanoe with Ordinanoe 125.
and shall be subject to p,SAC review in oonjunction with Cbr�dition 20
of this Resolution. Said street trees shall be generally oca��atible
with the site's hillside setting.
Ftesolution No. 4273 (4-�IM-90) 07/09/90
Page -3-
6. C�Fi�pIIJG
Gradir�g shall be as approved by the City FY�gineez in acoo�anoe with
Ordinanoe 125. The City �gineer shall approve the pavement surfaoe
tYPe arid t.exture for the private driveway in conjurx.-tion with the
i�rov+ement plans.
Paroel 1 shall be limited to a sir�qle pad as depic.-ted on the approved
'I�entative Map.
7. DRAIl�GE
Drainage shall be p�ovic�ed to the satisfactioai of the City F�giriee,r,
Zhe subdivider shall be required to participate in the avquisition ar�d
impravement oosts for arry offsite sewoer oo�nection to provide storm
drain servive to the Paroel Map area. The drainage system shall also
include appropriate measures to dissipate storm water energy before it
enters Uplat�d Way. , ar�d to prevent averflow of storm water orito the
fill slc�e at the sazt,hw�esterly edge of Paroel 1.
8. UND�LnVD LTI'ILITIFS
The develo�per shall ocet�ly with the ' of the Urydergrotuxl
Utilities Ordinanoe No. 331 and ather related Ordir�anoes ar�d
regulations of the City of Cupertino, and shall 000�dinate Wi�
affect�ed utility groviders far installation of ur�dergra.u�d utility
devioes. Zhe develc�r shall sukmit detailed plans showitig utility
w�derg�'aw�d pravisions. Said plans shall be subject to prior approval
of the affected Utility pravider and the City �gineer.
9 . p,C�2�fr
'Ihe Proj ect dev+elcyper shall enter into an agreement with the City of
�p�tino Pro'�idir�g far' paYment of fees, includir�g but nat liunited to
checkir�g and inspec,'ti� fees, starm drain fees, park dedication fees
and fees for ir�g of utilities. Said agreem�nt shall be
executed priar to issuai�oe of oonstruction permits.
10. 'IRANSFOFd�2.S
Electrical transfo�mers, telephone vaults aryd similar above gra�uxl
equipnent enclosures shall be sare�ned with fencir�g ar�d landscapixig
or located such that said equipment is nat visible frwn
public street areas,
il. in�,Tgt LINFS
'I'he develaper shall install water lines ar�d appurte,nanoes to the
sati.sfaction of the City Etlgineer, ar�d the water utility servicing the
area. The develaper shall enter irYto an a�ent with the
appropriate water utility for water servioe to the subject
develqsnent.
.
Resolution No. 4273 (4-�I-90)
Page -4- 07/09/90
12. SANI'T�1Ry g��
The subdivider shall pro�vide to the
���y on site ar�d off site ��� �1��' Dist�'ict all
ts ar�d ease�ents prior to �l�rY s�woe,r s�rvice connection
reoordation of the final map,
13. GDpIAGy
Additional geo�technical studies �1 }�
develop detailed desi ��leted on Paroel 1 to
walls, driveways, ��O�eridations for foundations, retaininq
stabilizatioaz �� ����� Pa��e,nt and land,slide
, as described in the City Geol ist�s 1
20, 1990 and May 23, 1990. �� o f � � of Ap�'il
it�vestigations shall be approved g�nical
is.suanoe of building Permits ar �� o f l � �� PY'ior to
gradin9•
CITY IIJGIl�II2�S CF�I'IFICATE OF
�1�TANCE OF FNGINEF�tIlVG�gC1�VE'YING ODNDITIONS
(Sec.�tion 66474.18 CA. Gov�t, �e)
� h � � IfY that � encJineering and surveyin9 conditions specified
en9ineerin9 P�aactioes. �SOlution oonform to generally acoePt,ed
���_�
Zravioe Whitten, Asst. city �,
S �I� �• QONDITIONS ACI�VI�ID
D�ART�!' BY TI� OC�Il�IUNI'I,Y DEVELOPMIIV�r
14. Appl�OVVFF.0 F�HIBITS
T� reoc�nnexidatiori of appraval is }�ased ��
Tentative Map 03/O1/90, of applicatiorl 41�g� ��it labeled
�� bY � conditio�s contained in this Resolution. �� as may be
15. N�DIFICATION OF App�p� Dg�pp� �
� � e � �t �e applicant or subse
d � develapme t � �� � altera ti�ons ar��amer�t of the
Plan shall be p • written request or revised devel
If the Direc,�tor n�ak�e.s a f� the Director of Plannirig and Develc�xnentt
result in a material � f��,-t� that tne c�arges a� �. � ao riott
Pro7�, said �� a �r� ar' �tion of the
�riP�l of �,��J� may be certified on the r�vised plan. If
Planninq C�nnission.��es is withheld. an applicant may appeal to the
If the Direct,or finds that the
�4�s s�hall be referred to the P �� are material, such
the chariges ar� ��9 �nission for 1. If
denied by the PlannirXl pc�nissio� � aPP�
applicant ma
aPi� to th,e City �il as prvvided in CitY Ord �irtiznoe No. 652 . y
Resoluti� No. 4273 (4-
Page -5- 07/09/90
If said c�ar�qes are app�ovec� },� � pl�� �ission, an
be mac�e to the City c7au�cil by arYy ' aP�l maY
MembFr of the City Cau�cil may request a h�� �� anY
O�il recJardir�g said � before the City
within ten 10 da ���es. Said request shall be made
Pl �) Y5 frc�► the date of appraval of said char�ges b�, the
�9 �nissian.
16. FIRE SAFEIy
�e subdivider shall install an approved fire hydrant betw�een both
Par'oel in a000mdanoe with City s�ecificati�s in oo�sultatioaz with
CEU.
17. FIIdCING
Fencing shall be restric�ted in a
�°rdanoe with Folicy 5-10 of the
General Plan to facilitate animal migration. The p�ro7ect s�all also
cc�q�ly with solid fencing restrictions stated in Sec.�tioaz 12 of th,e RE�S
Zoning district.
18. aOVII�iPfr RDGARDING GDOIOGIC HrAZARps
'I�e subdivider shall reoord a covenant on each lat to be transferred
inf°nnir�g future lat purchasers of the existe.nce of geologic hazard.s
���rea. ancl additionally, that special development regulations
aPP � any vo�ion on the lot.
19. SIAPE DII�TSITY CRIDIT
Application of the apprapriate slape density fornaila results in a
total yield of 2 dwellings far the site. Slvpe density c,rec�it frcan
�Y SP�ific lat or grc�up of lots cannot be transferred. The
applicant may adjust prc�pertY li.n�, subject to CitY apprvval, if said
action will nat create additional c�w�ellings.
A cavenant running with the lar�d in favor of the City as app�aved by
the CitY Attorney shall be reoorc�ed to ensure �lianoe with the
regulations p�ohi.bitinq transfer of slepe density dwoellir�g unit
cx'edit.
20. Q2ADING REVIEW BY IANp6CApE ��
A registered land.scape architec.-t shall review gradinq plans and shall
sukmit a plan to prevent soil erosion ar�d visually screen extensive
cut ar�d fill areas. Th,e intent of the visual screen is to soften
gradinq scars. A 100� scx'eenir�g effect is riot renuir�,
�
Re��olution No. 4273 (4�Il�I-90) 07/09/90
Page -6-
21. 'I�2EE �'F�0►I'DGTION
The subdivider st�all ur�dertake the follawi.ryg actions in regard to
preserving the existir�g specimen ttees on Paroel One:
A) Irxlicate on the f inal map shall the location of a visual e.asement
in favor of the City to ensure preservation of the three
westerlymost pine trees. Zienns of the easement shall be specified
in a separate instnunent to be recorded simultarieotLSly with said
final map. The actual oonfiguration of the easements on each lot
shall be established based on the surveyed location of each tree,
and the surveyed extent of the tree canopy.
Public utility cc�anies shall not be allaaed to trench in the
designated eas�zt area nor shall they be allowed to place wires
above the trees ar�d within the easement .
B) Remr�ve the existiryg Silk Oak tree.
C) I�lement me.asures to control disea_se ar�d insec.�t infestation as
de_scribed in the consulting arborist's report of 04/10/90 prior to
reoording the final map.
D) Post a$10,000 bond for each pine speci.men to be retained throuc�i
' construction, and retuY to the subdivider upon resale of Paroel
1 or upon cacipletion of oonstruction and verification that said
trees have been adec��ately protected. Subsequent purchasers of
Parcel 1 may remove all other trees execpt those placed within the
designated visual easement.
22. YARD DEE'Il�ITIONS
Bec,ause of the peculiar shape of Paroel 1 dictated by the aligrm�zt of
Upland Way, yard areas are defined as follows:
1. Front yard: measured along the entire margin of Upland Way.
2. Rear yard: measured frcen the mutual bour�dary separatirig Paroel
1 ar�d Paroel 2.
3. Side yard: measured alor�g the easterly property line.
PASSID AND ADOFI'ID this 9th day of July, 1990, at an Adjourned Regular
Meeting of the Planning Cxenumissio�n of the City of Clipertino, State of
California, by the follvwiryg roll call v�ote:
AYFS: oCNIl�IISSIONIItS: Adan�s, Mann, Fa2aeka.s, Mackenzie, Chr. Claudy
NOES : aG1Nd�IISSION�t.S : None
ABSrAIl�T: aCt�M�SSIONFRS: None
ABSII�T: OC�IISSIONERS: None
ATI'F�T: ���:
/s/ Robert Cowan /s/ John Claudy
Rc�bert Cowan John Clatr�y, Q�airtnan
Director of Oc�u�ity Develcypn�ent Ctiipertino Plannir�g Ca�anission
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