Reso 4451 1-TM-93
� CITY OF CUPERTINO
� 10300 Tone Avenue
Cupertino, California 95014
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RESOLiTTION No. 4451
OF THE PLANNING CONIlVIISSION OF 'TI� CITY OF CUPER'TIl�10 APPROVING A
TENTATIVE MAP TO SUBDIVIDE INTO TWO PARCELS OF 16,867 SQ. FT. AND
18,696 GROSS SQ. FT. RESPECTIVELY
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SECTION I: FINUINGS:
� WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision
Map as described on Page 1 of this Resolution; and
� WI�REAS, 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 is consistent with the City of Cupertino General Plan.
b) That the design or improvement of the proposed subdivision is consistent with the General Plan.
( c) That the site is physically suitable for the type and intensity of development contemplated under the
� approved subdivision.
, d) That the design of the subdivision or the proposed improvements aze not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat.
e) That the design of the subdivision or 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 design of the subdivision and its associated improvements will not conflict with easements
� acquired by the public at large for access through or use of properiy within the proposed subdivision.
� NOW, THEREFORE, BE TT RESOLVED:
That after careful consideradon of maps, facts, e�chibits, testimony and other evidence submitted in this matter, the
application for Use Permit is hereby recommended for approval, subject to the condidons which are enumerated in
this Resolution beginning on Page 2 thereof, and
1 That the subconclusions upon which the findings and conditions specified in this Resoludon aze based and
contained in the Public Hearing record concerning Application 1-TM-93 as set forth in the Minutes of Planning
Commission Meeting of March 8, 1993, and are incorporated by reference as though fully set for[h herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 1-TM-93
Applicant: R& Z Development Company
Property Owner: John Schault
Location: The northerly most northerly terminus of Adrianna Avenue
Resolution No. 4451 (1-TM-93) March 8, 1993
Page -2-
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SECTION III: CONDITIONS ADNIINISTERED BY 'I� CO1��MUNITY DEVELOPMENT DEPARTMENT
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1. APPROVED EXHIBITS
The recommendation of approval is based on Sheet 1 dated December 1992 and Sheet 2 dated February
19, 1993, except as may be amended by the Conditions contained in this Resoludon.
2. OFF STREET PARKING
As required by Chapter 19.23.030 (fl(k) four (4) functionally independent off street pazking spaces shall
� be provided on all parcels to compensate for the lack of public street parking. Pazce12 is exempt from the
50% maximum impervious paving restriction within the front setback.
� 3. INGRESS/EGRESS EASEMENTS
The applicant shall record an appropriate deed restriction and covenant running with the land subject to
� approval of the City Attorney, for all parcels which share a common private drive or private roadway with
i one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress
easements to and from the affected parcels, including adjoining parcel(s) east. Said easements shall be
recorded at such time as interest in one or more of the affected parcels is inidally sold or transferred to
another party.
` 4. HAZARDOUS MATERIALS
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Prior to demolition of any structures the applicant shall coordinate with the Central Fire District to
� conduct a site visit regarding the freon and oil drums to the rear of the exisdng garage. Disposal shall be
conducted in accordance with District standards and requirements prior to demolidon.
� 5. TREE PROTECTION
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� The applicant shall provide a plan for preservation of specimen trees (No. 9-12 & 20) in accordance with
Barrie D. Coate arborist report of February 10, 1993. These protection devices shall be installed prior to
� the placement of one piece of construction machinery on the site. Confirmation of the device installation
shall be confirmed by the arborist and the arborist shall immediately notify the City in wridng. A
$10,000 per tree bond shall be established prior to construction activity (demolidon, grading) to assure
their protection until the completion of construction. If tree No. 9 is removed, three replacement trees,
each of 24" box size minimum shall be planted as a replacement. The replacement trees shall be planted
within thiriy days of their removal. The species type to be approved by staff.
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6. DEMOLITION REQUIItEMENT
All existing structures on the site shall be removed prior to or concurrently with project construction. The
� developer shall assume the responsibility to obtain all required demolidon pernuts in accordance with City
Ordinances.
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7. VARIANCE REQUIREMENT
The Tentadve Map approval is subject to obtaining approval of the variance applicadon regarding
the reduction of the minimum lot width.
SECTION IV: CONDITIONS ADNIINISTERED BY TI� PUBLIC WORKS DEPARTMENT
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Resolution No. 4451 (1-TM-93) March 8, 1993
� Page -3-
9. GRADING
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Grading shall be as approved and required by the City Engineer.
10. UNDERGROUND UTII.ITIES
( The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and
� other related Ordinances and reguladons of the City of Cupertinq and shall coordinate with affected
udlity providers for installation of underground utility devices. The developer shall submit detailed plans
showing udlity underground provisions. Said plans shall be subject to prior approval of the affected
� Udlity provider and the City Engineer.
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11. PACIFIC GAS & ELECTRIC
� Prior to recordation of the final map, P.G. & E. shall review and approve a public utility easement for
public utility access to the satisfaction of P.G. & E.
12. CENTRAL FIRE DISTRICT
AIl new structures on both parcels shall be provided with approved residendal fire sprinklers throughout if
required per the fire code and Central Fire District.
� 13. SANI'TARY DISTRICT
The applicant shall be responsible to construct a sanitary sewer lateral in the street right-of-way in
� accordance with District standards to the sadsfaction of the C�pertino Sanitary District. Further, the
eacisting septic system shall be removed in accordance with County of Santa Clara Health Department and
' Cupertino Sanitary District standards.
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� CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
� (Section 66474.18 Califomia emment Code)
I hereby certify that the engineering and surveying conditio spacifi ' n III of this Resolution conform to
generally accepted engineering practices.
� rt Visko c City Engineer
Resolution No. 4451 March 22, 1993
' Page -4
� PASSED AND ADOPTED this 8th day of March, 1993, at a regular meeting of the Planning Commission of the
� City of Cupertino, State of California, by the following roll call vote:
AYES: CONIIvIISSIONERS: Bautista, Doyle, Mahoney and Roberts
NOES: CONIlVIISSIONERS: Chairwoman Austin
ABSTAIN: COMNIISSIONERS: None
ABSENT: CONIIvIISSIONERS: None
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� ATTEST: APPROVED:
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� Robert S. Cowan Donna Austin, Chairwoman
Director of Community Development Cupertino Planning Commission
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