Reso 4344 Application 3JIM-91
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupextino, California 95014
RESOL�JI'ION NO. 4344
OF � PLANNING �M�IISSION OF THE CITY OF CUPII�TINO
REC70rM�JDING APPROVAL OF A TIIVTATIVE MAP TO
SUBDIVIDE APPROXIl��T� Y 0. 6 ACRFS IN'I"O 8 I�C7rS WITH
ONE ADDITIONAL IaI' ��D IN GONIl�ION C�Tn1NERSHIP
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S�CI'ION I• FINDINGS
WI�E2EA.S, the Planning Connnission of the City of Cupertino received an
application for a Tentative Subdivision Map, as described on Page 2 of this
Resolution; and
WI�RE'AS, the necessary public notices have been given as required by the
subdivision and Procedural Ordinances of the City of Cupertino, and the
Planning Canunission has held at least one Public Hearing in regard to the
application; and
Tn]��FtFAS, the Planning Conunission finds that the application meets the following
requirexnents :
a) That the proposed subdivision map is consistent with the City of
Cupertino General Plan and any applicable S'pecific Plan.
b) That the design or in�rovement of the proposed subdivision is
consistent with the General Plan and any applicable Specific 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 subdivisions or the proposed improvexnents 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 pPxsons residing or working in the
vicinity of the subdivision.
f) 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 property within the proposed subdivision.
Resolution No. 4344 (3JIM-91) 06/10/91
Page -2-
NOW, �'ORE, BE IT RFSOLUID:
That upon careful consideration of maps, exhibits, facts, test�mony and other
evidence sul�nitted in this matter, the application for Tentative Subdivision
Map is hereby reconunended for approval, subject to the conditions ernmlerated in
this Resolution beginning on Page 2 thereof; and
BE IT � RE.SOLUID:
' That the subconclusions upon which the findings and conditions specified in
� this Resolution are based are contained in the Public Hearirig Record concexnirig
Application 3-'IM-91, as set forth in the Minutes of the Planning Coirnnission
Meetirig of June 10, 1991, and are incorporated by reference as though fully set
forth herein.
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SF]CI'ION II • PR0.7ECI' DESCRIPTION
� Application No(s): 3�IM-91
Applicant: Landmark Developmeazt (Larry C�
Property Owner: Latx�ark Propexties
Project Location: N. side of Rainbc7w Drive 500 ft. east of
' Gardenside Lane
� SECI'ION III: CONDITIONS ADN�IISI�2ID BY � PUBLIC WORKS DEPAI�IMIIV'I'
1. SI�r Il�IPROVII�III�'I'S & CONDITIONS
Street widening, in�rovements and dedications shall be in accordance with
City Standards and specifications and as required by the City Engineer.
2. CURB AND GiTITI'F�t IlKPROVIIKII�TS
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Curbs and gutters, sidewalks and related structures shall be installed in
I accordance with grades arid standards as specified by the City E�zgineer.
� 3. LIGHTING
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� Street lighting fixtures shall be installed as directed by the City
Engineer. All on and off-site lighting shall be designed to in no way
interfere with adjacent areas arid shall be no higher than the maxim�un
� height permitted by the zone in which the property is located.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAF'FIC CONTFtOL SIGNS
Traffic control signs shall be placed at locations specified by the City.
Resolution No. 4344 (3JI'M-91) 06/10/91
Page -3-
6. SI'REEr 'I'RE�'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.
7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 214(a).
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
9. UNDERGFtOUND UI'ILI'I'IES
The applicant shall be responsible for complying with the requirem�nts of
the Underground Utility Ordinance No. 331 and other related ordinances and
regulations of the City of Cupertino, and shall make the necessary
arrange.ments with the utility campanies involved for the installation of
said facilities. The applicant shall su}�nit a detailed plan showing
utility underground provision. ('I'his plan must have prior approval of the
utility companies and the City F�gineex.)
10. Il�ROVII�N'I' AGRE�IT
The applicant shall be responsible for campleting the site as shvwn on the
approved plot plan and shall be required to enter into an improvement
agree.ment with the City of Cupertino providi.rig for payment of necessary
fees, including but not limited to checking and inspection fees, storm
drain fee, park dedication fees, and underground utility fees. Said
agreement shall be recorded simultaneously with the final map.
11. Z�2ANSFORMER SCREIIJING
Electrical and telephone transformers shall be screened with fencing and
landscaping, or underground, such that they are not visible from public
street areas.
12. PRIVATE STRE�I'S
Al1 applicable subsec.�tions of Sec.•tions 13.5 and 13.6 of the R1C Ordinance
(Ordinance No. 664) regarding street improvement requirements shall apply
to the subject development.
13. FIRE AC'CF'�SS LANFS
F�xgency fire access lanes shall be recorded as fire lane easements on
the final map and shall meet Central Fire District standards.
Resolution No. 4344 (3-rI'M-91) 06/10/91
Page -4-
14. PIDFSTRIAN EASIIKIIV�I'
If any public sidewalk is to be located on private propexty, pedestrian
easemealts over the public sidewalk area shall be prepared by the
developer, approved by the City Attorney and recorded against the subject
property prior to issuance of building permits.
15. ABANDONID WATER WELLS
The property owner shall seal abandoned or unused water wells if the City,
� after consultation with the Santa Clara Valley Watex District determines
that said abandoned or unused water wells have a potential to contaminate
the water supply.
I 16. PARK DIDICATION FEE
Any areas devoted to formal landscaping adjacent to the buildings which
are not othexwise functionally usable as open space shall not be credited
for park dedication fee credit purposes.
17. PRIVATE DRIVEWAY OOVII�iANT
The developer shall record an appropriate deed restriction and covenant
runriirig with the land for all parcels which share a c.arrn�ion driveway or
private roadway with one or more other parcels. Said deed restriction
shall provide for necessary reciprocal i.�igress egress esasements to and
fresm the affected parcels. Said easements shall be recorded at such t�me
as interest in one or more of the affected parcels is initially sold or
transferred to another party.
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CITY INGINEE�2' S CERTIFICATE OF
� ACCEP'I'ANCE OF E�TGINEQtBJG/S�URVEYING CONDITIONS
(Sec,�tion 66474.10 CA Gov't. Code)
I hereby certify that the engineering and surveying conditions specified in
' Section III of this Resolution conform to generally accepted engineeririg
i practices.
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Travice Whitten
Deputy Director of Public Works
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SECI'ION IV: CONDITIONS ADNIINISTERID BY TI-IE PLANNING DEPAR'IMII�]'I'
18. APPROVID EXE�BITS
The reco�nne.ndation of approval is based on the Tentative Map Diagram dated
9/15/90 of Application 3JIM-91 except as may be amended by the conditions
contained herein.
Resolution No. 4344 (3JIM-91) 06/10/91
Page -5-
19. SITE LAYOUT MODIFICATIONSJUSE PERMIT APPROVAL
Recordation of the final map subsequent to approval of this Tentative Map
is contingent upon City Council approval of a Use Permit for the 8 unit
residential develornmexlt to which this subdivision action pFxt.ains .
The final map shall also reflect adjustments to the location and layout of
building footprints, private yard areas, uncovered parking spaces and
connnon areas as may be required through the conditional Use Permit.
PASSID AND ADOPri'ID this lOth day of June, 1991 at a Re�gular Meeting of the
Planning C:onnnission of the City of Cupertino by the follo�aing roll call vote:
AYES: C�OPM�SSIONERS: Mar�ti, Fazekas, Mahoney, Austin, Chr. Macacenzie
� NOFS: G�O1�M�SSIONER.S: None
` ABSTAII�T: OOPM�SSIONERS: None
ABSE�VT: C�ONIl��SSIONERS: None
ATTES`P: APPROVID:
��'U�`••IC/ �/`''t/�/1/\ Y
Rob�rt Cowan Dona d Mackenzie, irn�an
Director of Gommunity Development Cupertino Planning 'ssion
peresos/RS3TM90
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