Reso 4294 18JIl�I-89
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RE50LiTrION No. 4294 �
OF THE PIANNING UONIl`�IISSION OF 'I�E CI'I'Y OF CUPEE�I'INO
RDppNIl�TpING APPROVAL OF TFNrATIVE MAP T0 S[7BDIVIDE A 0.98
AQ2E pARCII, INI�p 'I�gtEE L�7I5 F2�NGING IN SIZE FROM 1.06
TO 2.0 ACRES
SF�CTION I • FIlIDINGS
Wf�.2EA..S, the Plannirig Cannn.ission of the City of Cupertino received an
application for a Tentative Stiibdivision Map, as de_scribed on Page 2 of
this Resolution; and
WI�RF�AS� the necessary public notices have been giv+�n as required by the
subdivision arid Proc:edural Ordinarx�s of the City of Cupertino, and the .
plannirig Con¢nission has held at least one Public Hearirig in re�gard to the
application; and
4i�'�S, the Planning Canunission finds that the application meets the
follvwirig require�ments: ,-
a) That the proposecl subdivision map is consistent with the City of
Cup� General Plan and any applicable Specific Plan.
b) 'I�iat the design or im�rovement of the proposed subdivision is
consistent with the General Plan ar�d any applicable Specific Plan.
c) That the site is physically suitable for the type and intensitY of
developmerit c�onte�lated under the approved subdivision.
d) That the design of the subdivision or the propo�.�ed improvements are
not likely to cause substantial envirormiental d�mage nor
substantially and avoidably injure fish and wildlife or their
habitat.
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e) That the design of the subdivision or the type of imq�rovements
associated therewith are not detr�mental to the health, safety,
peace, morals and general welfare of persons residing or working in
the vicini�� of the subdivision.
f) 'That the design of the subdivision and its associated im�ravements
will not conflict with easen�nts aoquired by the public at large for
aocess through or use of property within the proposed subdivision.
NOW, �'ORE, BE IT RESOLUID:
That upon careful consideration of maps, exhibits, facts, testimony and
other evidence su�anitted in this matter, the application for Tentative
Subdivision Map is hereby recommended for approval, subject to the
conditions enwnerated in this Resolution beginning on Page 2 thereof; arid
Resolution No. 4294 (18�IM-89) 09/10/90
Page -2-
BE IT FUF� RFSC)L�IID:
That the suboonclusions upon which the findir�gs and conditions specified
in this Resolution are based are oontained in the Public Hearing Record
concerning Application 18-'IM-89, as set forth in the Minutes of the
p,d�oun�d gegular planning Cammission Meeting of April 25, 1990 and the
,. Regular Planning Ccenunission Meeting of September 10, 1990, and are
incorporated by referen�e as though fully set forth herein.
SDGTION II. PROJF�Cr DATA .
Application No(s): 18�IM-89 and 42-EA-89
Applicant: Larry Miller
Property Owner: L�rry Miller
Loc,ation: West side of the southerly terminus of iJpland Wav
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SDCI'ION III. OONDITIONS ADNBNISTgtID BY Zi� PUBLIC WORKS DE�ARTN�1'I'
l. S'PREEI' WIDII�TING
Street widenir�g, improvements and dedications shall be provided in
a000rdance with City Standards and specifications and as required by
the City IIzgineex.
� 2. CURB AND GUITIIZ S
(:1�rbs and gutters, sidewalks and related structures shall be installed
in a000rdance with grades an�d standards as specified by the City
�gineer. ..
3. SIRE�r ISC�iTING INSTALT�ATION
Street lighting shall be installed and shall be as approved by the
( City �gineer. Lic�tirig fixtures shall be positioned so as to
preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maxim�n heic�t permitted
by the zone in which the site is located.
� 4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. S'I'REET TREES
Street trees shall be planted within the Public Riqht of Way and shall
be of a type approved by the City in aocordance with Ordinance 125.
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Resolution No. 4294 (18-fIl�i-89) 09/10/90
Page -3-
6. GF2ADING
Grading shall be as approved and required by the City E�gineer in
aa:brdance with Ordinance 125. The City �ginee.r s�all apprave the
pavem�zt surface type ar�d texture for the private drivewuay in
oonjunction with the improvex�nt plans.
7. DRAINAGE
Drainage shall be pruvided to the satisfaction of the City F�gineer.
The subdivider shall be required to participate in the aoquisition and
i�ravement c�sts for the offsite sewer vonnec.�tion depic,-ted on the
appraved Parcel Map plat. 'The drainage system shall also include
appropriate measures to dissipate storm water ene.z�gy before it enters
Uplarid Way.
8. UNDII2GROUND LTI'ILITIES
The developer shall comply with the requirements of the Undergrowxl
Utilities Ordirk�nce No. 331 ar�d other related Ordinanoes and
regulations of the City of Cupertino, arxl shall coordinate with
affected utility providers for installation•-of undergraund utility
devices. 'The developer shall suxmit detailed plans showing utility
undergrowid prwisions. Said plans s�lall be subject to prior approval
of the affected Utility provider and the City E�gineer.
9 . AGRE�1'r
'The project developer shall enter into an agreemeazt with the City of
Cupertino prwiding for paym�lt of fees, including but not limited to
chec3cing and inspec-tion fees, storm drain fees, park dedication fees
and fees for undergrounding of utilities. Said agreement shall be
executed prior to issuance of oonstruction permits.
10. 'I�2ArTSFUF�E2S '
Electrical transformexs, telephone vaults and similar above ground
equipa�nt enclvsures shall be screened with fencing and land..scaping
or located undergraund such that said equipmeait is not visible frwn
public street areas.
11. DIDICATION OF WATgt LINES
The developer shall dedicate to the City all waterlin�s and
ap+�ter�ances installed to City Stan r�s and shall reach an agreement.
with San Jose Water Co. to pro�vide water s�rvioe to the subject "
development.
12. SANITARY SEtiJE�2.S
The property shall apply to the Cupertino Sanitary District for �
annexation to their sexvice area, and shall pravide the neaessary on
site arid off site sanitary sewer servioe connection im�rovements prior �
to sulinittal of the final map.
Resolution No. 4294 (18�IM-89) 09/10/90
Page -4-
13. GDOIOGY
Additional geotechnical studies shall be ooa��leted on Parcels 2 and 3
to develop detailed design reocarnnetxlations for four�dations, retaining
walls, driveways, drainage i�rovements, pavement and slabs on grade.
The potential for future slope instability shall be addressed, and
detailed mitigation plans shall be prepared as necessary. Removal of
unstable topsoil, as recca�nne.nded in the 04/05/90 report of Purcell,
Rhoades & Associates shall be cce�leted simultaneously with
construction impravements. .
Results of the su�lemental geotechnical investigations shall be
approved by the City Engineer prior to issuance of building permits or
t of grading.
14. PRNATE DRIVEWAY OOVIIIAN'r �
The subdivider shall prepare an appropriate deed restriction and
covenant running with the land for shared driveway access with Parcels
2 and 3. Said deed restriction shall provide for reciprocal
ir�gress�egress easeinents to and fro�n the affected parcels. Said
easements shall be recorded at such time as interest in one or more of
the affected parcels is initially sold or transferred to another
P�Y -
, A reciprocal maintenance agre�ment shall be required for all parcels
which share a ooa►unr�n private drive or private roadway with one or more
other parcels within the tract. Said agreement shall be subject to
prior approval as to form and oontent by the City Attorney.
CITY ENGINF�2'S CERTIFICATE OF
AGCEP'TANCE OF IIIGIlJE�2Il�iG/SU1�lEYING QONDITIONS
(Sec,�tion 66474.18 CA. Gov't. Code)
� I hereby certify that the engineering aryd surveying conditions specified
in Section III of this Re.solution oonform to generally accepted
erigineering practices.
Js/ Travice Whitten
Travice �itten, Asst. City Engr.
S�GTION IV. C)ONDITIONS ADNIII�TISTII2ID BY TI� OOMM[JNITY DEVELiOPN�IT
DEPA1�Ii�V'I'
15. APPROVID E}��BITS
The reooirnnexidation of approval is based on the exhibit labeled
Tentative Map July 1990, of application 18�IM-89, except as may be
ame.nded by the oonditions contained in this Resolution.
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Resolution No. 4294 (18JIM-89) 09/10/90
Page -5-
16. NK)DIFICATION OF APPROVID DEVEIAPME�Fr PLAN
In the event that the applicant or subsequent praperty vwner shall
desire to make any minor changes, alterations or amenchnent of the
apprwed development plan, a written request or revised developa�ent
plan shall be su�mitted to the Director of Planning and Developanexit.
I f . the Director makes a f iriding that the changes are minor arid do not
result in a material affect upon the appear�noe or function of the
project, said changes may be cextified on the revised plan. If
appraval of said ch��r�ges is withheld, an applicant may appeal to the
Planning Connnission.
If the Director finds that the requested changes are material, such
char�ges shall be referred to the Planning Coa�n.ission for approval. If
the changes are denied by the Planning Ccmunission, the applicant may
appeal to the City Cotulcil as provided in City Ordinance No. 652.
If said changes are approved by the Planning Cvmmission, an appeal may
be made to the City Council by any interested party. Further, ariy
Member of the City Council may request a hearing before the City
Crnuzcil regarding said approved changes. Said request shall be made
within ten (10) days fram the date of approval of said changes by the
Planning Crnrnnission. ��
17. OFF SIRE�!' PARKIlVG
Four (4) outdoor parking spaces shall be provided on Parcels 2 and 3
in addition to two (2) enclosed garage spaces to ocm�erLSate for the
lack of public street parkirig.
18. FIRE SAF�TY
Class "B" or better roof material shall be prwided on all structures.
An approved NFPA 13-D residential automatic fire spririkler system
throughout any future residenc� c�onstructed on Parcels 2 and 3 shall
be provided without listed exceptions. Fire sprinkler oontractor
shall suk�nit plans, permit application and fees prior to t
of any work.
19. FENCIlIG
Fencing shall be restricted in acoordance with Policy 5-10 of the
General Plan to facilitate an�m�al migration. 'Ihe project shall also
can�ly with solid fencing restrictions stated in Section 12 of the RHS
zoning district.
20. QOVIIIANT RDGARDING GDUIOGIC HAZARDS
The subdivider shall reoord a cavenant on each lot to be transferred
informing future lot purchasers of the existerx�e of geologic hazards
in the area, and additionally, that special developanent regulations
apply to arly construction on the lot.
Resolution No. 4294 (18�IiK-89) 09/10/90
Page -6-
21. SIAPE DF�TSITY CR�IT
Application of the one-half acre Foothill modified slope density
formula results in a total yield of 3 dwellings for the site. Slope
density credit froom any specific lot or group of lots cannot be
transferred. The applicant may adjust property lines, subject to City
' approval, if said action will not create additional dwellings.
A covenant running with the laryd in favor of the City as approved by
the City Attorney shall be recorded to ensure cca�rpliance with the
r�gulations prahibitir�g transfer of slope density dwelling unit
credit. �
22. GRADING AND REVIE�1 BY I,ANDSCAPE ARC��II�i'F7Cr
'Ihe developer shall obtain ASAC approval of the final: grading plan for
� the entire site, and grading plans for individual h�nes and building
sites. ASAC review shall be conducted in accordance with the
follcywirig principles:
a) Step foundation method shall be used to reduce grading disturbance
� to existirig topography.
b) �posed retaining walls shall be reduced in vertical height to the
greatest de�gree possible.
c) C�iest parki.ng areas for individual lots shall be moved inboard from
the driveway edge to the greatest extent possible.
d) A landsc.pe architect shall review the grading pinas prior to ASAC
su�mittal and shall include therein a proposal to prevent soil
erosion and visually screen extensive cut and fill areas. The
intent of the visual screen is to soften gradi.ng scars. A 100%
scxeening effect�is not required.
( 23. FIRE A�S LANFS
I The private driveway shall be designated as a fire lane easement on
the final ma and stLall be posted to preclude parkirig therein.
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24. TREE P'ROrI'�G''1'ION
I 'Ihe applicant shall provide a plan for preservation of the existing
specimen trees on the subject property, with the follcywing exceptions:
Trees No. 21 and 22, as identified in the arborist's report of
03/14/90.
Said plan shall include graphic depiction of protection devices to be
installed along the dripline perimeter of each tree prior to the
t of, and to be maintained for the duration of construction
� activities. Zhe subdivider shall implem�ait the detailed measures to
be taken to ensure the survival of all other specim�ls as depicted in
the referenc.ed Arborist's report.
( A specialized preservation plan shall be devised for retention of
Trees No. 15, 16, 18 and 25, given their proximity to the driveway
slope area. Trees 23, 27 and 28 shall be protec.-ted as shcxan on the
tentative map and as described in F�chibit A.
Resolution No. 4294 (18JIM-89) 09/10/90
Page -7-
Staff shall coordinate the exper.tise of the project arborist and
engineeririg geologist at the buildirig permit staqe t'A 11Lnimi Zg
disturbance of existing soils in the vicinity of specimen trees
resultirig frrnn slape stability repairs referenc.ed in Condi.tion 8
above. If removal or replacement of specime.n oaks beownes necessary.
the applicant will be required to return to the Plannir�g Commission
with a tree replacement/mitigation program.
PASSID AND ADOPTID this 10th day of September, 1990, at a Regular Nleeting
of the Planning Cc�rnmission of the City of Cupertino, State of California,
by the follvwing roll call vote:
AYES: �SSIONF�2.S: Adams, Mackenzie, Mann, Chai.rman Claudy
NOFS: CJOrM�IISSIONF�2S: Fazekas
ABSI'AIl�i; G�SSIONE�2.S: None
ABSII�T: DO1�M�SSIONERS: None
ATI�.ST: ��ID:
�S� Rob�,rt Cowan �s/ John Claudy
Robert Cowan John Claudy, ChaiYman
Director of Corrnnunity Development Gtizpertino Planning Co�m�ission
peresos\rsol8tm-2
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