Reso 4438 8-TM-76 (Amended)
CITY OF CUPERTINO
10300 Tone Avenue
Cupertino, California 95014
RESOLiTTION No. 4438
OF THE PLANNING COMIvIISSION OF TI� CITY OF CUPERTINO
APPROVING A TENTATIVE MAP AMENDMENT TO EXPAND Tf� BUII.DING ENVELOPE TO ALLOW
TI� CONSTRUCTION OF CERTAIN ACCESSORY STRUCTURES
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an applicadon for a Tentative Subdivision
Map Amendment, as described on Page 2 of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the subdivision and Procedural
Ordinances of the City of Cupertino, and the Planning Commission has held at least one Public Hearing in regard
to the applicadon; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the proposed subdivision map amendment is consistent with the City of Cupertino General Plan and
any applicable Specific Plan.
b) That the design or improvement of the proposed amendment subdivision is consistent with the General
Plan and any applicable Specific Plan.
c) That the site is physically suitable for the type and intensity of development contemplated under the
approved amendment.
d) That the proposed improvements are not likely to cause substantial environmental damage nor
substantially and avoidably injure fish and wildlife or their habitat.
e) That the type of improvements associated therewith are not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the vicinity of the subdivision.
fl That the proposed improvements will not conflict with easements acquired by the public at large for
access through or use of property.
g) That the amount of grading is consistent with the Residential Hillside Zoning Ordinance general
performance guidelines, regarding minimizing site grading.
NOW, TI�REFORE, BE IT RESOLVED:
That upon careful consideration of maps, exhibits, facts, testimony and other evidence submitted in this matter, the
application for Tentative Subdivision Map Amendment is hereby recommended for approval, subject to the
conditions enumerated in this Resolution beginning on Page 2 thereof; and
BE TT FURT'HER RESOLVED:
That the subconclusions upon which the findings and condidons specified in this Resolution are based are
contained in the Public Hearing Record concerning Application 8-TM-76 (Amended), as set forth in the Minutes of
the Planning Commission Meeting of January 11, 1993, and are incorporated by reference as though fully set forth
herein.
Resolution No. (8-TM-76 (Amended) January 11, 1993
P age - 2-
SECTION II: PROJECT DATA
Application No: 8-TM-76 (Amended)
Applicant: Mr. and Mrs. C. T. Ma
Property Owner: Mr. and Mrs. C. T. Ma
Project Location: 21627 Rainbow Drive
SECTION III: CONDITIONS ADMINISTERED BY 'THE PUBLIC WORKS DEPARTMENT
1. Prior to grading permit issuance, the applicant shall comply with the condidons stated in the October 12, 1992
Public Works Department memorandum on the subject application.
CITY ENGINEER'S CER'TIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 Califomia Government Code)
( I hereby certify that the engineering and surveying condid specifi in Section I of this Resolution conform to
generally accepted engineering practices.
rt Viskovic , City Engin r
SECTION IV: CONDITIONS ADNIINISTERED B T'HE COMMUNITY DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
The recommendation of approval is based on the Plan Set tided "Sports Court, Pool and Arbor: Mr. and Mrs.
C. T. Ma" dated August 25, 1992 and consisting of seven sheets, except as may be amended by the Conditions
contained in this Resolution.
2. BUII,DING ENVELOPE
The approved building envelope for Lot No. 1 of Tract No. 5990 is hereby expanded to allow the construction
of the pool, terrace and arbor as show on the approved exhibits. The sports court is not approved.
3. SEISMIC. GEOLOGIC AND SOIL HAZARDS
The applicant shall retain an engineering geologist to 1) Review and approve all geotechnical aspects of the
development plans and 2) Monitor grading and construction activities. The work shall be accomplished in
accordance with the recommendations found in the July 23, 1992 Soil and Foundadon Investigation and
December 3, 1992 Geologic Addendum Letter prepared by Frank Lee and Associates for the project; the
January 7, 1993 memorandum from Bill Cotton and Associates; and upon the approval of the City Engineer.
4. GRADING REVIEW BY LANDSCAPE ARCHITECT
A registered landscape architect shall review grading plans and submit a plan to prevent soil erosion and
visually screen extensive cut and fill areas. The intent of the visual screen is to soften grading scars. A 100%
screening effect is not required.
5. OTI-�R CONDITIONS
All other conditions of approval of Application 8-TM-76, including subsequent revisions and amendments
approved prior to this adoption date, shall remain in full force and effect with respect to Lot No. 1 of Tract No.
5990.
Resolution No. (8-TM-76 (Amended) January 11, 1993
Page -3-
PASSED AND ADOPTED this l lth day of January, 1993 at a Regular Meeting of the Planning Commission of
the City of C�pertino, State of California, by the following roll call vote:
AYES: CONIIvIISSIONERS: Fazekas, Mahoney, Mann, Mackenzie
NOES: CONIlVIISSIONERS: Austin
ABSTAIN: CONIlvIISSIONERS:
ABSENT: CONIlvIISSIONERS:
ATTEST: APPROVED:
. ��z �" �-�
� Robert S. Cowan Daryl Fazekas, C'rman
Director of Community Development Planning Commission
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