Reso 4278 9
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Glipertino, C�alifornia 95014
RESOLxTrION No. 4278
OF Zi� PLANNING C7C�Il�IISSION OF Zi� CITY OF CUPIIYI'Il�TO
R�OC�IDING APPRpVAL OF TII�FrATIVE MAP
'I�0 S'[)BDIVIDE .50 GEtQSS ACRE PAFtCaS TN'i�0 ZiaO LIC77I5
RANGING IN SIZE FR�I 8,750 SQ.FT. TO 8,960 SQ.FT.
SF7CTION I: FINDIlJGS
WI�2FAS, the Plannirig Co�unission of the City of C�ertino received an
application for a Tentative Subdivision Map, as described on Page 2 of
this Resolution; ar�d
W�2F�.S, the necessary public notice.s have been given as required by the
subdivision and Prooedural Ordinanoes of the City of Cupertino, ar�d the
Planning Cca�unission has held at least one Public Hearing in regard to the
application; ar�d
WI�2EAS, the Planning Cca�unission firr3s that the application meets the
follvwing requirements:
' a) 'Ihat the pro�osed subdivision map is consistent with the City of
Ct�ertino General Plan.
b) That the site is physically suitable for the type ar�d inte.nsity
of devela�ement oonte�lated uryder the apprwed subdivision.
c) That the design of the subdivision or the praposed impravements
are not likely to cause substantial envirorm�ental damage.
d) That the design of the subdivision or the type of improvements
associated therewith are nat detrimental to the health, safety,
peace, morals ar�d general welfare of persons residirig or working
in th,e vicinity of the subdivision.
e) That the d,esign of the subdivision ar�d its associated
im�rovements will not oonflict with easements aaquired by the
public at large for aocess thraugh or use of pro�perty within the
prapo�ed subdivision.
NOW, Tf�bRE, BE IT RF.90LUID:
That uq�on careful �nsideration of maps, exhibits, facts, testiiroriy ar�d
other evidence sukmitted in this matter, the application for Tentative
Stiibdivision Map i.s hereby reooa�unex�ded for approval, subject to the
oor�ditions e.rnu�rated in this Resolution beginning on Page 2 thereof ; ar�d
Resolution No. 4278 (9�Il�I-90) July 23, 1990
Page -2-
BE IT FiTRI� RFSOL`7F�:
'Ihat the suboonclusions upon which the firidirygs and oonditions specified
in this Resolution are based are contairied in the Public Hearing Record
ooncernirig Application 9 as set forth in the Minutes of the
Pl��x'1 C�nission Meeting of July 23, 1990, arid are inoorporat� }�,
reference as tho�x� fully set forth herein.
SF7GTION II • DESC�tIl'TION
Application No.(s) 9�IM-90
Applicant Bruoe Izwin ar�d Carl 2�nger
�Y �� Citv of c:�mextuio Bruuoe Irwin ar�d C:�rl Zanger
Location: 10572 Felton Wav and a portian of Feltan Way
ri t-of-wav
SDCTION III: OONDITIONS AL�'II�TISI�2ID BY Zi� PUBLSC WnRKS DE�AI�IV'r
1. SI'RF�,'r WIDII�iING
Street widening � in�rw�ents ar�d dedications shall be provided in
a000rdance with City Standards ar�d specifications ar�d as required by
the city �gineer,
2. CtJRB AND C(TI'I�R g
' GUrbs and gutt,ers, sidewa]ks and related stru�ctures shall be installed
in a000mdanoe with grades ar�d st.ar�da�ds as specified by the City
�git�r.
3. SI'REEI' LSC�ING INSrAI�ATION
Street lic�ting shall be installed arid s1�a11 be as apQraved by the City
E�gineer. Lic�ting fixtures s�all be positioned so as to preclude
glare and other forms of visual interferenoe to adjoining prc�erties�
and shall be no hic�er than the maxinann hei9ht Permitted by the zone in
which the site is located.
4. FTRE HYDRANr
Fire hyc�arrts shall be located as requirecl by the City.
5 • TRAF'F'IC SIQJS
Traffic coritrol signs sha11 be plaoed at locations specified by the
City.
6. S'I'RE�r TR�
St�'eet trees shall be planted within the public Right of Way and shall
be of a tYPe aPproved by the City in a000rdanoe with Ordinanoe 125.
Resolution No. 4278 (9�Il�I-90) July 23, 1990
Page -3-
7. QZ�pING
Graclirx� shall be as appraved ar�d required by the City �gir�eer in
a000rdanoe with Oi�nanoe 125.
8. DRAINA�GE
Drainage shall be pravided to the satisfaction of the City �gineer,
No werbank drainage shall occur into R�egnart Creek, ariy on-site drainage
must be direc.�ted into existing storm drairzage system.
9. UNDII�GROUND VI'II�ITIF�
The developer s�all oce�ly with the requiremerrts of the Underground
Utilities Ordinar�e No. 331 aryd other related and regulations of
the City of Cupertino, and shall 000rdinat� Wi� �fected utility providers
far installation of utility devices. The develaper shall
suhnit detailed plans shvwir�g utility provisions. Said plans
shall be subject to prior appraval of the affected Utility p�ovider and the
City �qineer,
10. DE�7E�APN�TI' AGREII�II�r
'Ihe project develcyper shall enter into a develapnent agreement with the
City of Ct�ertino providing for payme.nt of fees, inclwding but not limi�
. to checking ar�d inspec.-tion fees, storm drain fee.s � park dedication fees,
fees for tu�d of utilities, arid fees for relocation of all
existing or prc��osecl pvblic utilities on site. Said agreement shall be
exec�ted prior to i� of construction permits .
il. ZRArTSF+pId�g�2.g
Electrical transformers, telephone vaults ar�d similar above ground
equiP�nent enclosures shall be screened with fencing ar�d landsc,aping or
10 �� such that said equi�enent is not visible frcen public
street areas.
12. WATE�2 I,INFS
Zhe clevelaper shall install waterlines and a es to the
satisfaction of the City F3�gineer and the water utility servicing the
ar�. Th�e develc�es shall enter into an agreement with the apprapriate
water utility for water servioe to the subject area.
CITY IIJGIN�2' S CII7I`IFICATE OF
ACCEPTANCE OF IIJGINEE�2Il�TG/�G OONDITIONS
(Sec�tion 66474.10 CA. Gov�t. Code)
I hereby certify that the engineering ar�d surveying oor�ditions specif ied in
Sec,-tion III of this Resolution oonform to generally aooepted engir�eering
practioes.
/s/ Travice Whitten
Travioe i�diitten, Asst. City F�gr.
RCE No. 20363
Resolution No. 4278 (9�IlK-90) July 23, 1990
Page -4-
SDC�ION IV: OONDITIONS AI�IJISI'II2ID BY TI-� OO��N2TY DEVIIAPN�I'r DEPARIi�NT
13. APPFtOVID �IIBI'I'S
The reoangnex�dation of approval is b�a��ed on 'rentative Map dated April,
1990, exoept as may be amer�ded by the cor�ditions oontained in this
Resolution.
If the Director fir�ds that the requested changes are material, such changes
shall be referred to the Planning Ccarnnission for approval. If the chaix�es
are denied by the Planning Cca�nnission, the applicant may appeal to the City
Caincil as pravided in City Ordir�ance No. 652.
If said c,hanges are appraved by the Plannirig �miission, an appe.al may be
made to the City Cauicil by arry interested party. F1a�fiher, arYy Member of
the City cbuncil may request a heariryg before the City C7o�incil regarding
said appro�ved changes. Said request shall be made within ten (10) days
fram the date of ap�o�val of said c,hanges by the Planning C7�nanission.
14. DII�LIZ�ION RDQLJIl2II�fr
The developer shall asstm�e the responsibility to obtain all required
de2mlition ��►+;ts in a000rdarioe with City Ordinanoes.
•15. F'IIJCING
'The existir�g chainlink fenoe between the subject property ar�d Regrlart
Creek should remain in plaoe ar�d arYy damage to th,e fenoe duririg
oonstructi� must be repaired to the satisfaction of Santa Clara Valley
Water District.
16. RIQ�I'--OF-WAY
Reoordation of th�e final map is ooritir�gerit �on the closing of escrow for
the purchase of the right-of�way.
17. L�O�I' LINE REGOCCATION
The west p�opetty line of Iat 2 shall be a�mer�ded to create a
rectangular-shaped lot. Zhis is to be oanpleted to the satisfaction of
Staff. 'I'he r�ainu�q triangle shall be deeded to adjoiniryg (359-23-11)
ProP�Y v�ar�er.
Resolution No. 4278 (9�II�i-90) July 23, 1990
Page -5-
PASSID AND ADOPTID this 23rd day of July, 1990 at a Regular Meeting of the
Planning C7c�tmnission of the City of C��ertino by the follawing roll call vote:
AYFS: aCi�IISSIONF�2.S: Mann, Fazekas, Adams, Mackenzie
NOFS : C�CI�'II�IISSI�S :
AB�STAII�1: C��IISSI�S:
ABSII�: C�Ci�IISSI0NII2S: Claudy
A'ITF�T: ��:
�s/Robert dowan /s/Don Mackenzie
��� �n Don Mackenzie, Vioe-C��airman
Director of Oo�munity Develap�nent Cupertino Pla,nning Ccernnission
Pcresos�rso6trn90