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Reso 4296 11JIl�I-90 C I T Y O F C U P E R T I N O 10300 Torre Avenue Ctipertino, California 95014 RFSOI�TI'ION No. 4296 OF Tf� PLANNING Q.'tN�2ISSI0N OF Tf� CI'IY OF CUPII�Il�iO Tp R�OC�ID APPRQVAL OF A TF1�I'AT1VE MAP � SUBDN�E APPROXIN1PiTII,Y .55 �SS ACRF,S IN'I�O F�OUR IC7I5 SEGTION I• FINDINGS h�',AS, the Planning Cca�unission of the City of Glipertino received an application for a Tentative Stiibdivision Map, as described on Page 2 of this Resolution; and WI-�.II�FAS, the nec.essary public notice.s have been given as required by the � subdivision and Procedural Ordinances of the City of Glzpertino, and the Planning Cca�unission has held at least one Public Hearing in regard to the application; and �rii�E'AS, the Planning Coonm�ission finds that the application meets the I followirig requirements: a) That the proposed subdivision map is consistent with the City of Cvpertino General Plan and ariy applicable Specific Plan. b) That the density of develo�anent conten�lated is within the General Plan density allvwed. c) That the design of the subdivision or the proposed in�rovements are not likely to cause substantial envirorm�ental ii�acts. NOW, �EFURE, BE IT RESOLUID � 'Ihat �on careful consideration of maps, exhibits, facts, testimony and other evidence suxanitted in this matter, the application for Tentative S�bdivision Map, first revi.sion dated 9/90 is hereby rec�nneryded for approval, subject to the conditions ernm�erated in this R�esolution beginning on Page 2 thereof; and � ( � Re�solution No. 4296 (11- 09/24/90 Page -2- BE IT FURI� RE.SC)L�7F� : That the subconclusions �on which the f irydings and conditions specif ied in this Resolution are b�a��ed are contained in the Public Hearirig Record concerning Application 11�Il�I-90, as set forth in the Minutes of the Planning Cca�mLission Meetirig of September 24, 1990, and are incorporated by reference as thauqh fully set forth herein. SF7CI'TON II • PROJDCT D�1'ION Application No(s) : 11 Applicant: Terry Brown Construction C�any Property Owner: Bobby and Rita Bell I�ocation: Northeast corner of Lamita and Oranqe Ave.nues S�.TION III: O�NDITIONS ADNII�iISI�2ID BY THE PCIBLIC WORKS DF,PA�'S 1. STRE�r WIDIIJING Street widening, i�ravements and dedications shall be provided in accordance with City Standards aryd specifications and as required by the City �gineer. 2. CCTRB AND CUI�2 Curbs and gutters, sid�walks and related structures shall be installed in acxordance with grades and standards as specified by the City ���'- 3. STRF�E�I' LSGHI'INC INS`L'AT T ATTQrj Street lic�ting shall be installed and shall be as approved by the City �gineer. Lighting fixtures shall be positioned so as to preclude glare and other fornLS of visual interference to adjoining properties, and shall be no hic�er than the maxim�un heic�t permitted by the zone in which the site i.s located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City. 5. TRAFFIC SIC�1S Traffic oontrol signs shall be placed at locations specified by the City. 6. S'I'REEr TREE.S Street trees shall be planted within the Public Ric�t of Way and shall be of a type approved by the City in accordance with Ordinance 125. 7. GRADING Grading stlall be as approved ar�d required by the City �gineer in � accordance with Ordinance 125. Resolution No. 4296 (il-'IlK-90) 09/24/90 Page -3- 8. DRAIl�GE Drainage shall be pravided to the satisfaction of the City �gineer. CITY FNGINF.�2' S CII2TIFICATE OF ACCII�'I'ANCE OF II1GIl1F�2Il�TG/SURVEYING UONDITIONS (Seation 66474.18 CA. Gov't. Code) I hereby ce� that the engineering and surveying conditions specified in Section III of this Resolution conform to generally accepted erigineering practices. �s/ Travice Whitten Travice Whitten, Asst. City �gr. S�CI'ION IV. C�OI�TDITIONS ADNII�TISI�RID BY 'IHE COM�iLR1ITY DEVF�APME3�''r � D�A�Il�1'r 9. APPROVID E}�iIBITS The recx�nendation of approval is based on the exhibit labeled Tentative Map, first revision dated September 1990, of application 11�INl-90, except as may be amended by the conditions contained in this Re.solution. I 10. NIODIFICATION OF APPROVID DEVEL(JPNIEN'I' PLAN In the event that the applicant or subsequent property dwner shall desire to make any minor changes, alterations or amenc�nent of the approved development plan, a written request or revised development plan shall be sukmitted to the Direct.or of Planning and Develop�►�ent. If the Direc,-tor makes a finding that the changes are minor and do not result in a material affect upon the appearance or function of the project, said changes may be certified on the revised plan. If appraval of said changes is withheld, the applicant may appeal to the Planning Co�nnission. If the Director finds that the requested cz�nges are material, such ch�nges shall be referred to the Planning Cca�un.ission for approval. If the c.h�viges are denied by the Planning Coann�ission, the applicant may appeal to the City Ca�ulcil as pravided in City Ordinance No. 652. If said changes are approved by the Planning Ccernnission, an appeal may be made to the City Council by �ny interested party. �rther, any ; Membes of the City Council may request a hearing before the City Council regarding said appraved changes. Said request shall be made within ten (10) days frcan the date of appraval of said changes by the ` Plannirig Ca�nnission. � � R�solution No. 4296 (11-'IlK 90) 09/24/90 Page -4- 11. TREE PROrI'ECZ'ION The applicant shall provide a plan for preservation of the existing willcxa tree on lot 1. The applicant may during the building permit stage provide an arborist report ir�dicating that the tree is in ill-health. With apprvv�al by staff the trees may be removed with appropriate mitigations to be determined by the Planning Director. The applicant shall be responsible for developing a tree protec�tion plan. Said plan shall include graphic depiction of protec,�tion devices to be installed along the dripline perimeter for the duration of construction activities. The applicant shall work with the Public Works Department is designing the sidewalk in such a fashion as to jog arowxl the willaw tree roots . 12. DII�IOLSTION R�4ITIl2IIKII�'r All existing structures on the site shall be remaved prior to or concurrently with project construction. The developer shall asstm�e the responsibility to obtain all required demolition permits in aa�ordance with City Ordinances. PASSID AND ADOPTID this 24th day of September, 1990, at a Regular Meeting of the Planning Ccmnnission of the City of C�ertino, State of California, by the followirig roll call vote: AYFS: O�SSIONIIZS: Adams, FazFkas, Mackenzie, Chairman Claudy ; NOFS: �M�SSIONF�S: None , ABSI'AII�i: �IISSIONIIZS: None � ABSIIVT: OC��SSIONE�2S: Mann ATl'ES'I': APPROVID: , I �s� Robert Cc�wan �sJ John Claudy Robert Cow�n John Claudy, Chairman �' Director of Gc�nnunity Development Cupertino Planning Co�mtission � peresos\rsolltm90 � � I �