Reso 4420 3�NI-92
CITY OF CIIPERTINO
10300 Torre Avenue
� Cup�rtino, California 95014
RES07�TrION NO. 4420
� OF THE PLANNING �M'IISSION OF Ti-� CITY OF CUPEfYI'INO
APPROVIl�TG A TE�VTATIVE MAP TO SUBDNIDE A 2.27 ACRE PARCEL
IN'I�p 'IWO I�0'I'S WITH SIZFS OF 1.06 AND 1.21 ACRES
SECI'ION I• FINDINGS
WHEREAS, the Plannirig Connnission of the City of Cupertino received an
! application for a Tentative Subdivision Map, as described on Page 2 of this
Resolution; and
W�� the necessary public notices have been given as required by the
subdivision arxl Procedural Ordi.nances of the City of Cupertino, ar�d the
Plannirig Connnission has held at least one Public Hearing in regard to the
application; and
' WI-�S, the Planning Cannnission finds that the application meets the follcxaing
requirexnents :
a) That the proposed subdivision map is consistent with the City of
Cupertino General Plan and any applicable Specific Plan.
b) That the design or i�rovement of the proposed subdivision is
consistent with the General Plan and any applicable Specific Plan.
c) 'I'hat the site is physically suitable for the type and intensity of
development oontemplated wider the approved subdivision.
d) 'That the design of the subdivision or the proposed i�ravements are
not likely are not likely to cause substantial envirornnental 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.
f) That the design of the subdivision and its associated i.n�rovements
will not conflict with easements aoquired by the public at large for
access through or use of praperty within the proposed subdivision.
NOW, Tf���ORE, BE IT RESC)L�7F,D:
That upon careful consideration of maps, exhibits, facts, testin�ny and other
evidence sul�mitted in this mattex, the application for Tentative S�bdivision
Map is here,by approved, subject to the conditions ernnnerated in this Resolution
beginning on Page 2 thereof; and
Resolution No.4420 3JIl�I-92 September 14, 1992
Page -2-
BE IT F'�JR'I� RF�SOLUID:
� That the subconclusions upon which the findings and conditions specified in
this Resolution are based are contained in the Public Hearirig Record concerning
' Application 3�Il�I-92, as set forth in the Minutes of the Planning Connn.ission
Meetings of August 24, and September 14, 1992, and are incorporated by
reference as though fully set forth herein.
SECTION II. PRATflCI' DATA
Application No(s): 3�IM-92 and 13-EA-92
Applicant: Harlan Sethe
� property Owner: Harlan Sethe
� Project Lpcation: 11845 Uplarid Way
� S�CI'ION III. CJ�NDITIONS ADN�ISI�2ID BY � PUBLIC WORKS DF.PP�1'I'
l. STRE�I' WIDII�TING
� Street widening, improvements and dedications shall be provided in
� accordance with City Standards and specifications and as required by the
City �gineer.
! 2. C[JRB AND GC1I'I'E'R IlyPROVIIKII�TS
Curbs and gutters, sidewa]ks and related structures shall be installed in
accordance with grades and standards as specified by the City Engineer.
3. SI�2EEI' TREF.S
Street trees shall be planted within the Public Right of Way and shall be
of a type approved by the City in accordance with Ordinance 125.
4. GF�DING
, Grading shall be as approved and required by the City �gineer in
acoordance with Ordinance 1143.
5. DRAINAGE
, Drainage shall be provided to the satisfaction of the City �gineer.
Stiirface flow across public sidewalks may be allowed in the R-1, R-2 and R-3
zanes unless storm drain facilities are deemed nece.ssary by the City
Engineer. Development in all other zoning districts shall be served by on
site storm drainage facilities connected to the City storm drainage
� system. If City storm drains are not available, drainage facilities shall
be installed to the satisfaction of the City Ehgineer.
Resolution No. 4420 3-�IM-92 September 14, 1992
Page -3-
� 6. UNDII�GROUND UI'ILITIES
The developer shall c�ly with the requirements of the i7nderground
Utilities Ordinance No. 331 and othex related Ordinances and regulations of
the City of Cupertino, and shall coordinate with affected utility providers
for installation of underground utility devices. 'The developer shall
sul�nit detailed plans showing utility undergroluxl provisions. Said plans
shall be subject to prior approval of the affected Utility provider and the
City �ngineer.
7. Il�lI"ROVIIKII�T AGREII�]T
i
The project developer shall enter into a development agreement with the
City of Cupertino providing for payment of fees, including but not limited
to c,hecking and inspec-tion fees, storm drain fees, park dedication fees ar�cl
fees for undergrounding of utilities. Said agreement shall be executed
prior to issuance of construction permits.
� 8. 'I'RANSFOF�NID.ZS
Electrical transformers, telephone vaults arid similar above ground
equi�nent enclosures shall be scx�eened with fencing arid landscaping or
located underground such that said equip�rnnt is not visible from public
street areas.
9. DIDICATION OF WATER I�Il1ES
The developer shall dedicate to the City all waterlines and appurtenances
installed to City Standards arrl shall reach an agreeanent with San Jose
Water Works for water service to the subject developmexit.
10. ANNEXATION
The property awner shall annex the subject property to the City of
Cupertino and the Cupe.rtino Sanit�ry District. 'I'he annexations shall
, became effective prior to approval of the final map.
11. SANITARY SEWEkZS
� The developer shall provide the nece.ssary on-site and off-site sanitary
sewer service connection improvements to each parcel prior to approval of
the final map.
12. SEI�C AND GDOI�OGIC HA7�ARDS
' The applicant shall retain an engineering geologist to prepare additional
geotechnical studies, review plans, observe oonstruction and coriduct earth
material testing in accordance with the recotrnnendations found in the May
18, 1992 geotechnical study prepared by Purcell, Rhoades & Associates for
the property at 11845 Uplarid Way and the site recvirnnendations fourid in the
July 24, 1992 letter frrnn William Cotton and Associates.
Results of the supplemental geotechnical investigations shall be appraved
by the City Ergineer prior to issuance of building permits.
Resolution No. 4420 3JIM-92 September 14, 1992
Page -4-
13. PRIVATE DRIVEWAY QOVII�NT
'IR�e applicant shall record an apprapriate deed restriction and covenant
running with the larid for all parcels which share a cxarnnon driveway or
' private roadway with one or more other parcels as depicted on �hibit of
this application. Said deed restriction shall prwide for necessary
reciprocal irigress/egress easements to and frrnn the affected parcels. Said
ease�ments snall be recorded at such time as interest in one or more of the
affected parcels is initially sold or transferred to another party.
14. ROAD N1AIl�TENANCE AGR�V'I'
►
A reciprocal maint.exlance agreement shall be rec��ired for all parcels which
share a c�rnnon private drive or private roadway with one or more other
' parcels within the tract. Said agreement shall be recorded in conjunction
with recordation of the final map, and shall be subject to prior approval
as to form and content by the City Attorney.
�
CITY INGINEII2'S CERTIFICATE OF
ACCEPTANCE OF ENGIlJE�ING/S�URVEYING OONDITIONS
(Section 66474.18 California Goverrnnent Code)
I hereby certify that the engineering and surveying conditions specified in
Sec.�tion III of this Resolution conform to er lly accepted engineexing
' practices.
V1Sk 1 � C].�7 Ei'�.lri
�
SECI'ION IV. QONDITIONS ADNIINISI�RID BY THE DEVEL�OPMENT DEPAR'I�V'I'
15. APPROVID EXEIIBITS
The recorrnnexidation of approval is based on F�hi.bits labeled Tentative Map,
11845 Upland Way, APN 366-03-051, revised September 10, 1992 and consisting
� of two sheets and Attachment ��A��: Tree Study, except as may be amended by
the Conditions contained in this Resolution
16. MODIFICATION OF APPROVID DEVELAPN�I'I' PLAN
In the event that the applicant or subsequent property a,mer shall desire
' to make any minor changes, alterations or amenc�ment of the approved
developmexit plan, a written request or revised development plan shall be
su�amitted to the Director of Planning and Development. If the Director
makes a finding that the changes are minor ar�d do not result in a material
affect upon the appearance or func•tion of the project, said clzaiiges may be
� certified on the revised plan. If approval of said c,hanges is withheld,
the applicant may appeal to the Plannirig Con4nission.
Resolution No. 4420 3-�M-92 September 14, 1992
Page -5-
If the Director find_s that the requested ahanges are matexial, such ch,anges
shall be referred to the Planning Carrnmission for approval. If the c.harzges
are denied by the Planning Carrnnission, the applicant may appeal to the City
Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Ccmunission, an appeal may be
made to the City Council by any interested party. F�irther, 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
fresm the date of approval of said Changes by the Plannirig Cannnission.
� 17. OFF STREET PARKIIJG
Adequate turn arourid space and four (4) functionally independent off street
parking spaces shall be provided on parcel 1 to aampen�sate for the lack of
public street parking at�d to provide space for e.rnex�gency equipment. The
four (4) parking spaces shall be provided in addition to two (2) enclosed
� garage spaces.
18. FIRE SAFEIY
Class "A" roof material shall be pravided on all new structures which shall
also be equipped with appraved NFPA 13-D residential fire sprinkler systems
without listecl exceptions.
19. FErICING
' Fencing shall be restricted in aa�rdance with General Plan policy 5-10 to
facilitate an�mal migration. The project shall also ccm�ly with said
fencing restrictions stated in the RHS zoning ordinance.
2 0 . BUILDING HEIG�iT
The parcel is located on a praminent ridgeline where building height is
limited to 20 feet measured in accordance with Sec�tion 4.24 of Ordinance
No. 1453.
21. WVII�iAN'I' R�G�RDING GDOLOGIC HAZARDS
� The developer shall record a covenant on each lot to be transferred
iriforming future lot purchasers of the existence of geologic hazard.s in the
area, arid additionally, that special development regulations apply to ariy
construction on the lot.
22. SIAPE DEl�1SITY CRIDIT
Application of the appropriate slope density formula results in a total
yield of two dwellings for the 2.27 acre site. Slope density credit from
any specific lot or group of lots cannot be transferred. The applicant may
adjust property lines, subject to City approval, if said action will not
� create additional dwellings.
A covenant running with the larid in favor of the City as approved by the
City Attorney shall be recorded to ensure camplianoe with the r�gulations
prohibiting transfer of slope density dwelling unit credit.
Resolution No. 4420 3�IM-92 September 14, 1992
Page -6-
23. GRADING REVIEW BY LANDSCAPE ARCHITF7Cr
A registexed landscape architect shall revi�w grading plans and shall
sul�nit 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� scre�nittzg effect is not required.
24. TREE PRFSERVATION
The single Ordinance-size oak tree (12") located at station 3+ 40 shall be
preserved. The subject tree shall be permanently identified by a metal
rnm�bered tag prior to the removal of any tree on-site. 'The tree shall be
protected by visible and durable fencirig prior to any gradirig or removal of
trees. The fence shall occur at the dripline in all cases and shall remain
during construction. The upslope retaining wall in the vicinity of the oak
may be raised to a maxim�nn height of 6 feet to preclude grading within the
dripline of the oak. If subject tree does not survive, it should be
replac�d with three native oak trees to be evaluated two (2) years frarn
gradirig.
PASSID AND ADOP'I'ID this 14th day of September, 1992 at an Adjourned Regular
Meeting of the Planning C�nmission of the City of Cupertino, State of
California, by the follvwirig roll call vote:
AYES: OONIl��SSIONII�.S: Mahoney, Fazekas, Mackenzie, Mann
NOFS : OC�NIl`�SSIONER.S : Austin
ABSI'AIl�T: QON�IISSIONII2S:
ABSIIJT : C�OrM�IISSIONER.S :
A'ITEST: APPROVF�:
, �` w �
Robext Cc�aan Daryl az , irman
Dir. of C.c�mm��nity Development PIANNING CJODM�IISSION
PCE2�SOS/ 3�INI-92