Reso 4405 1� 92
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RESOI�TrION No. 4405
OF THE PI�AHIJING C�O�M�SSION OF 7� CITY OF CUPII�'I'IlJO
APPI�VING A TENTATIVE PARCEL N�P TO SIJBDN�E 0.97 AQ2F5 OF LAND
Il1I+0 FOUR IpI'S N�ASIJRING 10, 028 SQ. FT. 'I+0 10, 293 SQ. FT. IN SIZE
SE�C:TION I • FINDIlJGS
WI�E2EAS, the Plannirig C,cernnission of the City of C'upertino reoeived an
application for a Tentative Subdivision Map, as described on Page 2 of this
Resolution; and
Wf�S, the neoes.sary public notice.s have been given as required by the
subdivision and Procedural Ordinanoes of the City of Cupertino, and the
Planning Coa�miission has held at least one Public Heari.ng in regard to the
application; and
W��F2F,AS, the Planning C�arnmission finds that the application meets the follawing
requirements:
a) 'I�at the proposed subdivision map is consistent with the City of
Cupertino General Plan aryd any applicable Specific Plan.
b) That the design or im�rovement of the proposed subdivision is consistent
with the General Plan and any applicable S'pecific Plan.
c) That the site is physically suitable for the type and intensity of
develo�nment oontemplated under the approved subdivision.
d) 'I�at the design of the subdivision or the propo�.�ed impraveme.rits are nat
likely are not likely to cause substantial envirornnental damage nor
substantially ar�d awidably injure fish arrl 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.
f) That the design of the subdivision aryd its associated improvements will
not conflict with ease�nts aoquired by the public at large for ac�cess
thr�gh or use of praperty within the proposed subdivision.
NOW, �'ORE, BE IT RE.SOLUID:
That upon careful consideration of maps, exhi.bits, facts, testimony and other
evidence su�anitted in this matter, the application for Tentative S�bdivision
Map is hereby rec�unended for appraval, subject to the conditions enwnerated in
this Resolution beginning on Page 2 thereof; and
BE IT FURTHEEt RFSOLUID:
That the subconclusions upon which the findings ar�d oonditions specified in
� this Resolution are based are oontained in the Public Hearirig Reoord conoernirig
I Application 1-�IM-92, as set forth in the Minutes of the Planning CoaYnnission
` Meeting of April 13, 1992, and are incorporated by referelzoe as though fully
set forth herein.
Resolution No. 4405 (1 April 13, 1992
Page -2-
SDCTION II • PfN�7DCI' D�'ION •
Application No(s): 1JIM-92
Applicant: Lois Gaviqlio
Property Owner: Same
Project Location: Cupertino Road�Stevens Creek Boulevard
SFJCTION III: C)ONDITIONS A1�IIJISI�2ID BY 'IHE PUBLIC WORKS DEPA�IT
l. STRE�I' WIDII�TING
Street widening, i�rovements ar�d dedications shall be provided in
ac�cordanoe with City � and specifications and as required by the
City �gineer.
2. C(JRB AND GCTI'I'IIZ
Curbs and gutters, sidewalks and related structures shall be installed in
accordance with grades ar�d standards as specified by the City �gineer.
3. SI'REEI' LIC�iTING INSTAL�LATION
Street lighting shall be installed and shall be as approved by the City
�gineer. Lighting fixtures shall be positioned so as to preclude glare
and other forms of visual interfereiice to adjoining properties, and shall
be no higher than the maxim�nm heic�t ��itted by the zone in which the
site is located.
4. FIRE HYDRAIV�r
Fire hydrants sh�all be located as required by the City.
5. TRAF'FIC SIQ�TS
Traffic control signs shall be plac�ed at locations specified by the City.
6. SI'RF�T TR�
Street tree.s shall be planted within the Public Right of Way and shall be
of a type appraved by the City in ac�oordance with Ordinanoe 125.
7. GRADING
Grading shall be as approved ar�d required by the City �gineer in
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accordance with Ordinanoe 1143.
� 8. DRAINAGE
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� Drainage shall be provided to the satisfaction of the City IIzgineer.
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I Surface flvw across public sidewa]ks may be allvwed in the R-1, R-2 and R-3
` zones unless storm drain facilities are deemed necessary by the City
�gineer. Develop�nent in all other zoning districts shall be served by on
site storm drainage facilities oonnected to the City storm drainage
system. If City storm drains are not available, drainage facilities shall
be installed to the satisfaction of the City �gineer.
R,�solution No. 4405 (1- April 13, 1992
Page -3-
9. UNDII�GROUND ITrILITIFS
The developer shall oong�ly with the requirements of the Ur�dergro�und
Utilities Or�dinanoe No. 331 ar�d other related Or�dinanoes ar�d regulations of
the City of Cupertino, ar�d shall voordinate with affected utility providers
for installation of utility devioes. The develaper shall
suxamit detailed plans showing utility ur�dergraund provisions. Said plans
shall be subject to prior approval of the affec.�ted Utility provider and the
City �gineer.
10. Il�`R�VII�1'I' AGREII��T
The project developer shall enter into a devel�.nt agrepament with the
City of Cupertino providing for payment of fees, including but not limited
to checking and inspec.�tion fees, storm drain fees, park dedication fees and
fees for undergraundirig of utilities. Said agreeament shall be executed
prior to issuance of oonstruction permits.
11. TRANSFOF��ERB
Electrical transformers, telephone vaults aryd similar above graund
equipment enclosures shall be scree.ried with fencing and lar�dscapirig or
located underground such that said equip�nt is not visible frc¢n public
street areas.
12. DIDICATION OF WATF�2 LINFS
The developer shall dedicate to the City all waterlines ar�d appurtP.nances
in� talled to City Standards arxl shall reach an agreement with San Jose
Water Works for water servioe to the subject develo�anent.
13. UIZI.,I'I'Y ACCESS
A load-bearing a�ss way shall be pravided along former Palo Vista Road to
the sanitazy manhole to the satisfaction of the Cupertino Sanitary
District.
CITY IIJGINEF�2' S CF�'I'IFICATE OF
AG�CEPTANCE OF IIIGIlJEQ2ING/ SURVE'YING QONDITIONS
(Sec. 66474.10 CA. Gov't. Code)
I hereby certify that the engineering and surveying conditions specified in
Sec.�tion III of this Resolution conform lly acxepted engineering
i practices.
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I Visk ich
I D r o Public Works
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Resolution No. 4405 (1-�M-92) April 13, 1992
Page -4-
SEJGTION IV: QOI�TDITIONS ACd�TISTII2ID BY 'IHE aCd�Il�I[7NITX DEVECAPI�Fr DEPA�IT
14. APPl2pVID �ffBITS
The reoca�nner�dation of approval is based on Z�entativ+e Map F�hibit (Revised)
dated 3/20/92, exc�ept as may be amexyded by the Conditions contained in this
Re��olution.
15. TRF�E PRO'I'DGTION
The applicant stlall provide a plan for p�servation of the existing
specimen tree.s on the subject praperty. Said plan shall include graphic
depiction of protection devioes to be installed along the dripline
perimeter of each tree for the duration of vonstruction activities. The
plan shall include a written report frcan a oonsulting arborist or land._�cape
architec,-t, whose selection shall be approved by the Department of Plannirig
and Develop�ment prior to preparation of the report. Said report shall
detail measures to be taken to ensure the survival of said specimens during
and after construction.
The applicant arrd future property vwners shall protect the specimen Oak
tree partially on Lot 3 by oc�lyirig with the follvwing restrictions:
a) Construction of any structure requiring a bu.ilding permit is
prohibited within the tree's dripline. Grading, trenching, or pavirig
with i�ervious materials is also prohibited within the tree's
dripline.
b) Pnining of the tree shall be limited to that nec�sssary to maintain
the tree's health and appearanoe.
c) Landscaping and irrigation within the tree's dripline shall be of a
type which is �atible with the tree's continued health as
determined by a tree professional and approved by the Director of
Ooa�urn�nity Develc�ment.
d) The applicant shall reoord a vavenant on Lot 3 establishing a
restrictive conservation easemPazt or other instnunent suitable to the
City Attorney prior to final map appraval, to ensure future lot
purchasers are made aware of the tree prot:ection requirements.
16. FIRE SPRIl�II��RS
Al1 residences built on flag lots shall pro�vide autoamatic fire sprinklers
� throuc�aut the structure.
17. DIIKOLITION RDQUIl2IIKII�FI'
� All existirig structures on the site shall be re�oved prior to or
ooncurrently with project oonstruction. The developer shall ass�mne the
� responsibility to obtain all required de�lition permits in accordanoe with
City Ordinances.
Resolution No. 4405 (1-ZM-92) April 13, 1992
Page -5-
� PASSID AND ADOPTID this 13th day of April, 1992, at a Regular Meeting of the
Planning C,ce[amission of the City of G1�pertino, State of California, by the
. following roll call vote:
AYES: OCI�IISSIONE�.S: Austin, Mackenzie, Mahoney, Mann and C�airm�an Fazekas
NOES: GC�II�SSIONE�t.S: None
ABSI'AIlJ: �Il�IISSIONIIZS: None
ABS�: OCINIl�IISSIONF�2.S: None
: APP�VID:
G � �°?�
xobert Gcywan Daryl , chairn,an
Director of ow�urninity Develo�enent G�x Plannirig �ssion
pere_sos/1'Il�92
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