Reso 4514 1-TM-94
, CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, Califomia 95014
RESOLUTION NO. 4514
OF TI-� PLANNING COMMISSION OF TI� CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A SINGLE PARCEL INTO 24 LOTS AND
ONE LOT HELD IN COMMON
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative
Subdivision Map as described on Page 1 of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the subdivision and procedural
ordinances of the City of Cupertino, and the Planning Commission has held at least one Public Hearing in
regard to the application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the proposed subdivision map is consistent with the City of Cupertino General Plan.
b) That the design and improvements of the proposed subdivision are consistent with the General 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 subdivision or the proposed improvements are not likely to cause substantial
' environmental damage nor substantially and avoidably injure fish and wildlife or their habitat.
e) T'hat 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.
fl 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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for a Tentative Map is hereby recommended for approval, subject to the conditions
which are enumerated in this Resolution beginning on Page 2 thereof, and
That the subconclusions upon which the findings and conditions specified in this Resolution are based and
contained in the Public Hearing record conceming Application 1-TM-94 as set forth in the Minutes of
Planning Commission Meeting of March 14, 1994, and are incorporated by reference as though fully set
forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 1-TM-94
Applicant: SummerHill Homes
Property Owner: Comerica Bank
Location: 21875-21881 Stevens Creek Blvd., North side of Stevens Creek Blvd.,
approximately 140 feet West of Mann Drive
Resolution No. 4514 (1-TM-94) March 14, 1994
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SECTION III: CONDITIONS ADMINISTERED BY TI� COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXI-IIBITS
The recommendation of approval is based on the Tentative Map dated February 23, 1994 (2 Sheets) of
Application 1-TM-94, except as may be amended by the Conditions contained in this Resolution.
I 2. INGRESS/EGRESS EASEMENTS
The Applicant shall record an appropriate deed restriction and covenant running with the land subject
to approval of the City Attorney, for all parcels which share a common private drive or private
roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal
ingress and egress easements to and from the affected parcels. Said easements shall be recorded at
' such time as interest in one or more of the affected parcels is initially sold or transferred to another
party.
3. PRNATE DRIVEWAY COVENANT
The applicant shall record an appropriate deed restriction and covenant running with the land for all
pracels which share a common driveway or private roadway with one or more other parcels as depicted
on the Tentative Map of this application. Said deed restriction shall provide for necessary reciprocal
ingress/egress easements to and from the affected parcels. Said easements shall be recorded at such
� time as interest in one or more of the affected parcels is initially sold or transferred to another party.
4. ROAD MAINTENANCE AGREEMENT
A reciprocal maintenance agreement shall be required for all parcels which share a common 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.
5. HOMEOWNERS ASSOCIATION DOCUMENTS
The Homeowners Association documents, and enabling declaration shall be approved by the
Departrnent of Planning and Development and by the City Attorney prior to recordation. These
documents shall specify that the garages may be used for parking of vehicles only. Further, the
� documents _shall specify that the City will employ applicable code enforcement actions necessary to
ensure garages are kept clear for the parking of two vehicles.
SECTION N: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
Resolution No. 4514 (1-TM-94) March 14, 1994
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7. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer.
8. STREET LIGHTING INSTALLATION
' Street lighting shall be installed and shall be as approved by the City Engineer. 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 maximum height permitted by the zone in which the site is located.
9. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
10. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
11. STREET TREES
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.
12. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Ordinance No.
1143.
13. STORM DRAINAGE
Storm drainage shall be provided to the satisfaction of the City Engineer.
14. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and
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 submit detailed
plans showing utiliTy underground provisions. Said plans shall be subject to prior approval of the
affected Utility provider and the City Engineer.
15. IMPROVEMENT AGREEMENT
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
approval of the final map by City Council.
� Resolution No. 4514 (1-TM-94) March 14, 1994
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16. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be
, screened with fencing and landscaping or located underground such that said equipment is not visible
from public street areas.
�
17. PARK DEDICATION FEE
" Park Dedication Fee shall be due at the time of the Improvement Agreement. The amount of the Park
i Dedication Fee shall be deternuned based on the latest acreage fee adopted by City Council.
18. FIRE ACCESS LANES
� Emergency fire access lanes shall be recorded as fire land easements on the final map and shall meet
� Central Fire District standards.
19. DEDICATION OF WATER L1NES
The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards
and shall reach an agreement with San Jose Water Works for water service to the subject development.
20. PUBLIC UTILITY EASEMENTS
I
� T'he developer shall dedicate all public utility easements in accordance with the standards as specified
by the City Engineer.
i 21. DRIVEWAY LOCATION
The final location of the driveway on Stevens Creek Boulevard shall be subject to the approval of the
City Traffic Engineer.
' ___________________________________________________________________________
CITY ENGINEER'S CERTIFICATE OF
� ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying co tio spe ' in S tion III of this Resolution
� conform to generally accepted engineering practices.
B rt Viskovich Ci ngineer
Resolution No. 4514 (1-TM-94) Maxch 14, 1994
Page -5-
PASSED AND ADOPTED this 14th day of March, 1994, at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Harris, Roberts and Vice Chairman Doyle
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
( ABSENT: COMMISSIONERS: Chairman Mahoney
ATTEST: AP VED:
C�l'JUl�ilh- �
�/" . � -• ;.
Robert S. Cowan David Doyle, V' e Chai
Director of Community Development Cupertino Planning Commission
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