Reso 4394 7JIM-91
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RFJSOL�TI'ION NO. 4394
OF TI� PLANNING CONIl�IISSION OF TI� CITY OF CUPEf�I'INO
APPRO�TIl�IG A'I'IIJTATIVE PARCEG MAP TO CREATE A� L�7P
SUBDIVISION FROM A.68 ACRE PARCII�
S�CI'ION I• FINDINGS
W�.S, the Planning Co�nission of the City of Cupertino received an
application for a Tentative Parcel M�ap, as described on Page 2 of this
R�.solution; and
Wl��ftFAS, the necessary public notices have been given as required by the
subdivision and Procedural Ordinances of the City of Cupertino, and the
Plarining Commission has held at least one Public Hearing in re�gard to the
application; and
Wf�2E'AS, the Planning Commission finds that the application meets the follawing
requirements:
a) 'IYLat the use or uses are in conformance with the General Plan of the
City of Cupextino and with the zoning, specifically permitted in the
zone in which the proposed use is to be located.
b) 'Ihat the property involved is adequate in size and shape to a�rnrnnodate
the proposed use.
c) Ac�ording to the Federal �xgency Management Agency, this parcel is
subject to flooding. 'The base flood elevation will be required on the
Final Map.
d) A deed and tentative map restriction has been created on Parcel 1 which
would limit the building area on this parcel. Building coverage and
floor area ratio is based upon total lot size (13,225 sq.ft.), half of
the parcel is enciunbered by easeme,nts leavirig a 5, 005 sq. ft. of
remaining buildable lot. Therefore, based upon the total lot size a
5,951 sq.ft. home could be constructed. To assure that an inordirlate
sized residence is not placed on the lot a condition has been placed
allowing a 2,300 sq.ft. residence be constructed, which is cxsmpatible in
size with the surrounding residence sizes.
NOW, Tf-IEE2EF'ORE, BE IT R�SOLUID:
That upon careful consideration of maps, exhibits, facts, testimony arid other
evidence sul�iitted in this matter, the application for Tentative Parcel Map is
hereby approved, subject to the conditions entmlexated in this Resolution
beginnirig on Page 2 thereof ; and
BE IT Fi1R� RE50LUED :
That the sub-conclusions upon which the findings and conditions specified in
this Re_solution are based are contained in the Public Hearing Record conc�erning
Application 7JI'M-91, as set forth in the Minutes of the Planning CoYrnnission
Meeting of February 10, 1992, and are incorporated by reference as though fully
set forth herein.
Re.solution No. 4394 (7-'IM-91) 02/24/92
Page -2-
SF]CI'ION II: PROJEC'I' DF,SCRIPTION
� Application No (s) : 7�PNI-91
Applicant: Lotus Dev. & Constr. Inc.
Property Owner: Darrell Bradford
Project I,ocation: 10641 Madera
SF7CI'ION III: CONDITIONS ADNBNISPERID BY THE PUBLIC WORKS DEPAR'Ii`R�V�r
l. 5'IREET LIGHTING INSTAL�I�ATION
� Street lighting shall be installed and shall be as approved by the City
` IIzgineex. Lighting 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 maximtnn height permitted by the zone in whic,h the site is
located.
� 2. FIRE HYDRANrI'
Fire hydrants shall be located as required by the City.
3. S'I'RE�I' 'I'REES
Street trees snall be planted within the Public Right of Way and shall be of
a type approved by the City in accordance with Ordinance 125.
4. GRADING
I
Grading shall be as approved and required by the City �gineer in aocordance
with Ordinance 1143.
5. DRAIl�TAGE
, Drainage shall be provided to the satisfaction of the City Ehgineer.
6. UNDgtGROUND Lfl'ILSTIFS
� The developer shall comply with the require.ments of the Under�grow�d
Utilities Ordinance No. 331 and other related Ordinances and re�gulations of
the City of Cup�xtino, and shall coordinate with affected utility providers
� for installation of underground utility devices. 'The developer shall suxanit
detailed plans showing utility underground provisions. Said plans shall be
subject to prior approval of the affected Utility provider and the City
E�
7. Il"IP'ROVIIKII�`I' AG�1T
� The project developer shall enter into a development agreement with the City
of Cupertino providing for payment of fees, including but not limited to
checking and inspection fees, storm drain fees, park dedication fees and
fees for undergrounding of utilities. Said agreement shall be executed
prior to issuance of construction permits.
R��olution No. 4394 (7JI�I-91) 02/24/92
Page -3-
I 8. TRANSFn�2.S
�
Electrical transformers, telephone vaults and similar above ground
► equipament enclosures shall be scr� with fencing and landscapirig or
located undergrourid such that said equip�nent is not visible fram public
street areas.
9. DIDICATION OF inTATER I,Il�TES
The developer shall install water lines and appurteriances to the
C satisfaction of the City �gineer and the Water Utilities Sexvicing area.
The developer shall enter into an agreement with the appropriate watex
utility for water source or service.
( - — --- ------------------------
CITY IIJGINF�E2' S CII2'I'IFICATE OF
ACCEPTANCE OF IIIGINEIIZIl�TG/ �ING OONDITIONS
( (Section 66474.10 CA Gov't. Code)
I hereby cextify that the erlgineering and surveying conditions specified in
Sec.�tion III of this Resolution conform to generally ccepted engirieexing
� practices.
Travice Whitten
Deputy Director of Public Works
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� S�CI'ION IV: (�ONDITIONS ADNIIIVISTERID BY THE CJON�I[JNITY DEVIIA�I' DEPAR'INIDV'I'
� 10. APPROVID E?�iIBITS
The approval is based on the Tentative Parcel Map dated (Revised) January
22, 1992 of Application 7JIM-91 except as may be ame.nded by the conditions
� contained herein.
� 11. NIODIFICATION OF APPROVID DEVEIAP�I`I' PLAN
1 In the event that the applicant or subsequent property owner shall desire
I to make any minor chariges, alterations or amendment of the approved
development plan, a written request or revised development plan shall be
� suk�iitted to the Director of G�mnznity Developmexit. If the Director 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 approval of said changes is withheld,
i the applicant may appe.al to the Planning Con�unission.
� If the Director finds that the requested changes are material, such changes
shall be referred to the Planni.ng Comm.ission for approval. If the changes
( are denied by the Planning Corrnmission, the applicant may appeal to the City
Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Co�nission, an appeal may be
made to the City Council by any interested party. Further, any Member of
the City Council may request a hearing before the City Council regarding
said approved changes. Said request shall be made within ten (10) days
from the date of approval of said changes by the Planning Co�nission.
Resolution No. 4394 (7-TM-91) 02/24/92
Page -4-
12. DIIKOLITION RDQUIRII�!'
All existing structures on the site shall be removed prior to or
conct�rrently with project construction. The developer shall asstmtie the
responsibility to obtain all required demolition permits in acoordam�e with
City Ordinances. A plan for preserv completed by an Intexr�ational
Certified Arborist for all existing specimen oak tree.s on the subject
prop�rty is required. The plan shall include graphic depiction of
protection devices to be installed along the dripline perimeter of each
tree for the duration of construction activities. The construction devices
� shall be consistent with City Ordinance No. 1573. The three coast live oak
trees on parcel one, subject of the Barry Coate report of 2/14/92 are
approved for removal. Of these three approved for removal, for every
Hexitage sized coast live oak as defined in Ordinance No. 1573 removed it
shall be replaced with one 15" box coast live oak tree on the same parcel.
13. FLi00D
The Final Map must depict both parcels as being within Flood Zone B of the
Federal E�nergency Management Agency flood areas. The base flood elevation
shall also be identified.
14 . POWER r ,��
A notice shall be recorded in the deeds of both parcels that power lines
which may pose possible health risks are located near the proposed building
sites. The notice shall be recorded prior to recordation of the final map.
15. DEVELp�Fr RESTRICTIONS
Parcel 1 is restricted to a total building area of 2,300 sq. ft. including
any detached structures. The exact placemerlt of 1st and 2nd stories and
setbacks are depicted on the plot plan by Augustine Designs dated Fexaruary
17, 1992. The final map sYiall reflect an easement of allaaable buildi.rig
areas and setbacks as reflected in this plan. A deed restriction shall be
placed on the parcel notifying future property purchasers of said building
restrictions. This deed shall be recorded with the final map aryd the
wordirig is subject to review and approval by the City Attorney.
16. Public Utility �croachment Letter
A letter approving driveway access over the Parcel 1 easement shall be
provided from the Public Utility. This letter shall be provided prior to
final recordation of the Final Map.
Re.solution No. 4394 (7-'IM-91) 02/24/92
Page -5-
PASSID AND ADOPTID this 24th day of February, 1992 at a Regular Meeting of the
Planning Conunission of the City of Cupertino by the following roll call vote:
� AYFS: C�ONIl�IISSIONERS: Mac3cenzie, Mahoney, Mann, Chairman Fazekas
NOES: CONIl`�SSIONERS: Austin
ABSTAIN: OONIMISSIONERS: None
P,BSII�T: C�OPM�IISSIONE�2S: None
ATI'FSri': APPROVID:
' ' �,� �• � �_.�` � ..
bert Ccywari Ik Fa�ekas�, Chk9irman
Director of Connnunity Development Cup�x�tino Planning Commission
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