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Reso 4325 1-�M-91 C I T Y O F C U P E R T I N O 10300 Torre Avenue Cupertino, California 95014 RF50L�JI'ION NO. 4325 OF TI� PLANNING UONIMISSION OF 'I�iE CI'I'Y OF CUPF�TINO F;�OON�VDING APPRpVAL OF A TE�ITATIVE MAP TO SUBDIVIDE 1.0 ACRE GROSS IlV'I+� FIVE I�OTS RANGING IN AREA FROM 6,000 SQ.FT. TO 7,203 SQ.FT. S�CI'ION I• FINDINGS Wi�RFAS, the Planning Coimnission of the City of Cupertino received an application for a Tentative Stiibdivision Map, as described on Page 2 of this Resolution; and Wf�E2E'AS, the necessaiy public notices have been given as required by the � subdivision and Procedural Ordinances of the City of Cupextino, and the Planning Cannnission has held at least one Public Hearing in regard to the application; and ► W�EA..S, the Planning Connnission finds that the application meets the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) 'Inat the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. � c) That the type of i�rovemerits associated therewith are not detrime�ztal to the health, safety, peace, morals and general ( welfare of persons residing or working in the vicinity of the subdivision. d) Five lot subdivision will result in five smaller homes. e) The traffic impact is not significant. 1 NOW, THII�EF'ORE, BE IT RFSOLUID: That upon careful considexation of maps, exhibits, facts, test�mony and other evidence su�anitted in this matter, the application for Tentative S'ubdivision Map is hereby re�nerided for approval, subject to the conditions ernm�rated in this Resolution beginning on Page 2 thereof; and BE IT F'[JF�I� R�SOLUF� : That the subconclusion upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing Record concerning Application 1JIM-91, as set forth in the Minutes of the Planning Co�rnnission Meeting of February 11, 1991, and are incorporated by reference as though fully set forth herein. Resolution No. 4325 (1-RM-91) 2/11/91 Page -2- SECI'ION II • DESC,RIPTION Application No.(s) 1-'IM-91 & 1-EA-91 Applicant K.W. Engineering., Inc. Property owner c�irig-c�en r�in I,ocation West side of S. Stelling 12d., approx 200 ft. North of Seven Springs Pkwv SECI'ION III: CONDITIONS ADP�TISTg2ID BY THE F�[JBIlIC WORKS DEPARZMIIF.P l. STREiET WIDII�TING Street widening, i.m�rovements arid dedications shall be provided in acxordance with City Standards and specifications and as required by the City F�gineer. The actual area of roadway dedication shall be determined according to ' a survey of the existirig centerline of all affected public streets, , said survey costs to be borne by the developer. 2. C�lJRB AND GIJI'I'ER Il`QF�'�20VIIKIIVTS i Curbs and guttPxs, sidewalks and related structures shall be installed in acoordance with grades and st.aridards as specified by the City �gineex . 3. STRE�I' LSC�iTING INSTALL�ATION 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 interference to adjoininc� prop�xties, and shall be no higher than the maxim�nn height pexmitted i by the zone in which the site is located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 6. 5'�IRE�I' 7.�REES 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 with the exception of the existing 36" Pine on the Stelling Road frontage of Parcel 4 which shall be preserved. The applicant shall work with the Public Works Dep�ment in designing the sidewalk around the Pine tree. Resolution No. (1�Il�I-91) 2/11/91 Page -3- 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance 1134. 8. DRAIl�GE Drainage shall be provided to the satisfaction of the City IIzgineer. If the City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City �gineer. 9. UNDERGROUND UI'ILITIES The developer shall comply with the requirem�,nts of the Underground Utilities Ordinance No. 331 ar�cl other 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 sukanit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City �gineer. 10. T AGRE�]T The project developer shall enter into a development agreement with the City of CupeYtino providing for payment of fees, including but not limited to checking ar�d inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction ��its. 11. WATII2 LSNES � The developer shall install waterlines and appurtenances to the satisfaction of the City �gineex and the watex utility servicing the area. The developer shall enter into an agreement with the appropriate water utility for water sexvice to the subject site. CITY II�TGINEER'S CERTIFICATE OF ACC�TANCE OF ENGIlIEERING/SURVEYING OONDITIONS (Section 66474.10 CA Gov't. Code) I hereby certify that the engineeririg and surveying conditions specified in Section III of this Resolution conform to generally accepted erigineering practices. Travice Whitten, st. City Et�g. SECI'ION IV: CbNDITIONS ADN�TISTII2ID BY THE CONIl�IUNI'IY DEVELiOPMIIVT DEPT. 12. APPROVID F�HIBITS The reccarnnendation of approval is based on Tentative Map diagram dated D�cember 21, 1990, except as may be amerxled by the Conditions contained in this Resolution. Resolution No. 4325 (1JIM-91) 2/11/91 Page -4- 13. TREE PROTECIZON The applicant shall provide a plan for the protection of the following trees, which shall include fencing to the edge of the drip line to be maintained thraugh the duration of demolition and construction activity: 18", 12" & 12" pine - within proposed Lot 5 36" pine - public right-of-way on Lot 4 Stellirig Road frontage A bond in the amount of $10,000/tree shall be posted to ensure protection of the specima�l trees. The bond shall be posted prior to site clearance or grading, whichever ooc, first. If the trees are d�iaged or removed without prior approval of the City, the bond shall be forfeited. After first resale of Lot 5, the Pine trees may be removed at the property awnex's discretion. 14. DII`�OLITION RE7QUIl2II�!' Al1 existing structures on the site shall be reinoved prior to or concurrently with project construction. The developer shall asstmte the responsibility to obtain all required demolition permits in accordance with City Ordinances & to adhere to tree protection requirexnents . 15. IIiC77I' ORIII�TATION/ADJ(JS"13KIIVT The final subdivision map shall reflect that the north line of Parcel 4 shall constitute the front line of said parcel. 16. D� RFSTRICI'ION The subdivider shall record a deed restriction warning future purchasers of any parcel in the subdivision of potential noise in�acts from the adjacent railway oorridor, and possible intensification of the rail corridor's present pattern of use. The from and content of the deed restriction shall be subject to approval of the City Attorney prior to recordation. 17. PARKING The development plans for lots 1-4 shall reflect 5 on-site parking spaces (2 enclosed & 3 open) for each lot to mitigate the lacac of street parking available. Resolution No. (1JIM-91) 2/11/91 Page -5- PASSID AND ADOPTID this 11th day of February, 1991 at a Regular M,eetitig of the Planning Ccarnnission of the City of Cupertino by the follawirig roll call vote: AYFS: OON�SSIONg2.S: Fazekas, Mahoney, Mann NOES: O�II�IISSIONER.S: Austin, C�airman Mackenzie ABSrrAIl1: �M�SSIONER.S : None ABSENT: OONIlKISSIONER.S: None ATI�.ST: APPROVID: � \ c � Robert Cc7wan Donal Mac�cexizie, i rrnan Director of Planning Cupertino Planning 'ssion I � pere�sos/1JIM-91 1 � !