Reso 1840 9- M-78
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RESOLUTION NO. 1840
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE
APPROXIMATELY 39.5 ACRES INTO 15 SINGLE-FAMILY LOTS ,
RANGING FROM 1.5 ACRES TO 3.5 ACRES IN SIZE.
APPLICANT: Lambert, Newman, Douglas, c/o Richard H. Childress
ADDRESS: 11701 Regnart Canyon Drive, Cupertino, California 95014
SUBMITTED: March 20, 1978
LOCATION: Westerly terminus of Lindy.Lane
Approval is recommended subject to the findings as set forth on Page 1 and .
subconclusions as set forth in the minutes of the Planning Commission meeting
of May 8, 1978.
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conflict with the
improvement requirements set forth in Policy Statement No. 3 of the
Hillside General Plan as amended, and the special conditions enumerated
herein. In the event a conflict does exist, the special conditions
as enumerated herein shall apply.
15. The approval is granted based upon tentative map Exhibit A 1st Revision
of 9-TM-78, as may be modified by additional conditions contained here-
in.
16. The grading concept and building location for each lot shall substantially
reflect Exhibit A 1st Revision of 9-TM-78. The Director of Planning and
Development, or designee, shall review and approve subsequent building
permit applications based upon the R1 zoning and grading ordinance regula-
tions and the grading and fence location policies established below.
a) Pad elevations. The finish vertical elevation of the vehicular
turn around pads for each building site shall be within 10' of
the finish elevation designated on Exhibit A 1st Revision. Mass
grading of building sites is not permitted. Permits to grade
building sites may be issued only in conjunction with building
permits of residential structures. Private roads and individual
driveway approaches for each site may be graded concurrently with
the main public road. The pad elevations shall be lowered from the
main ridgeline elevation to the greatest extent possible.
b) Retaining walls may be employed to resolve ground stability
problems or minimize grading.
c) A registered landscape architect shall review grading plans and
in consort with the proiect and City Engineer, shall submit 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% screening effect is not required. The
oak trees designated. on Exhibit A 1st Revision located outside
411, of roadways, shall be retained unless the design solution to retain
said trees creates an aesthetic unpleasing condition, or it results
in unsafe road design. The registered landscape architect shall
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CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
THE APPROVAL OF A TENTATIVE MAP
WHEREAS, the attached application has been submitted to the City of Cupertino
requesting approval of a tentative map; and
WHEREAS, the Planning Commission has held at least one public hearing in
regard to the application; and
WHEREAS, the Planning Commission has duly considered and heard all evidence
submitted in regard to said application; and
WHEREAS, the necessary public notices have been given as required by the
subdivision and procedural ordinances of the City of Cupertino.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Planning Cojiunission makes the following findings :
a) That the proposed map is consistent with the general and specific •
plans.
b) That the design or improvement of the proposed subdivision is
consistent with the general and specific plans.
c) That the site is physically suitable for the type of development.
d) That the site is physically suitable for the proposed density of
development.
e) That the design of the subdivision or the proposed improvements are
not likely to cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat.
f) That the design of the subdivision or the type of improvements are
not likely to cause serious public health problems.
g) That the design of the subdivision or the type of improvements will
not conflict with easements, acquired by the public at large, for
access through or use of, property within the proposed subdivision.
411
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9-TM-78
Planning Commission Resolution No. 1840 (continued)
review the design for tree retention design solutions to ensure
their protection during and after construction.
The landscape architect shall develop a model tree landscaping
plan for Lots 9-14 which are located on the main ridgeline. The
purpose of the model plan is to partially screen buildings located
on the ridge. The building designer retained by each individual lot holder
shall incorporate a tree planting plan into the site plan based
upon the model plan. The Director of Planning shall approve the
model plan and subsequently prepared site plans sub-
mitted with building permit applications.
d) Solid board fencing for privacy and security reasons shall be
limited to an area of 5,000 sq. ft. exclusive of domain structure
or such figure established by adoption of a hillside ordinance,
whichever figure is lesser. Open fencing may be constructed
on property lines and other internal lot areas to contain domestic
animals or provide security. A corral or barbed wire fences are
examples of open fencing.
The applicant or subsequent, lot owners may appeal the Director
of Planning's decision regarding the above design standards to
the Planning Commission. The Planning Commission may review the
appeal as an unfinished business agenda item.
411 17. A fire access driveway shall be constructed connecting the project
site with the adjoining "Lands of Kaiser Cement". The precise
alignment, width, improvement, and gate system for the private
fire access road shall be reviewed and approved by the City Engineer
after consultation with the Central Fire District. An appropriate
mechanism to guarantee maintenance of the fire access road shall be
developed prior to City Council review and approval of the development.
18. All private driveways serving the development shall be improved as
required by Policy No. 3 of Hillside General Plan and as directed by
the City Engineer.
19. The applicant shall record an appropriate deed restriction and conve-
nant running with the land subject to the review and approval of the
City Attorney, for all parcels which share a common private drive or
private roadway with one or more other parcels as displayed on Exhibit
A 1st Revision. Said deed restriction shall provide for the 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.
20. A reciprocal maintenance agreement to be reviewed and approved by the
City Attorney, 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 re-
cordation of the final map.
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9-TM-78
Planning Commission Resolution No. 1840 (continued)
411
21. That the applicant shall record a covenant on each lot to be trans-
ferred informing future lot purchasers of the existence of geologic
hazards in the area, and additionally, that special development regu-
lations apply to any construction on the lot. Future applicants for
-building permits shall comply with the recommendations in the March,
1978, Geologic Report entitled, "Soil and Geologic Investigation on
Grandview Subdivision" as amended and the recommendations contained
in the May 5, 1978, memo from William Cotton entitled "Lambert, Newman,
and Douglas Property".
22. Adequate turnaround spaces and four functionally independent off-street
parking spaces shall be provided on all parcels to compensate for the
lack of public street parking and provide space for emergency equip-
ment. The four parking spaces shall be in addition to two enclosed
garage spaces.
23. The applicant shall design and install improvements on the public
right-of-way to provide for the temporary storage of refuse cans for
municipal garbage pickup.
24. Prior to recordation of the final map, provisions shall be made for
water service to the subdivision in a manner as approved by the City
Council.
® 25. The approval is for 15 dwelling units (lots) _ Slope density credit
from any specific lot or group of lots cannot be transferred. The
applicant/owner or subsequent owner may adjust property lines, subject
to City approval, if the property line adjustment does not result in
the creation of additional dwellings.
A covenant running with the land in favor of the City as approved by
the City Attorney shall be recorded to ensure compliance with the
regulation prohibiting transfer of slope density dwelling unit credit.
26. No earthmoving or other heavy construction equipment shall be operated
on Saturday, Sunday, or national holidays and on weekdays between the
hours of 6:00 p.m. and 7:00 a.m. of the following day. The above re-
quirement is waived if the construction activity is of a nature that
requires continuous operation such as the connection of utility
systems or the placement of concrete into a single form. The require-
ment is additionally waived if construction cannot be stopped without
creating either safety problems or hazardous conditions or construction
emergency as determined by the Director of Public Works.
The use of hand tools or hand held power tools is not regulated by this
condition.
27. The applicant shall incorporate dust control measures on the section of
Lindy Lane beginning at the terminus of the pave section
to its terminus on the project site. The dust control measures shall be
41111 approved and inspected by the City staff and shall be initiated in con-
junction with grading operations for street work and building sites.
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9.-TM-78
Planning Commission Resolution No. 1840 (continued)
411
The above regulation does not apply to existing lots of record.
28. The applicant shall meet with City staff and the Mid-Peninsula Regional Open
Space District staff to review the possibility of an equestrian/hiking easement
which would connect Lindy Canyon properties with the adjoining Regional Open
Space trail system. The need fora trail system, and if needed, its precise
location and degree of improvement, shall be reviewed and approved by the
City Council prior to recordation of the final map.
29. No grading shall be done from the month of November to the month of April.
If the developer chooses to grade during these months he must first post a
bond with the City in a sum sufficient to repair any possible damage done.
The sum of the bond to be posted will be determined by staff.
30. The houses located on lots 9, 11, 12, 13 and 14 shall be limited to
single story to minimize the silhouetting of buildings against the
skyline.
31. The applicant shall submit a copy of the covenant, conditions and restric-
tions to the City Attorney to ensure that the tree planting requirement
described by Condition 16 (c) is implemented and the trees maintained.
The City shathbe designated as a third party beneficiary.
411
PASSED AND ADOPTED this 8th day of May, 1978, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: Commissioners Adams, Claudy, Gatto, Chairperson Blaine
_ . NAYS: Commissioner Koenitzer
ABSTAIN: None
ABSENT: None
APPROVED:
/s/ Sharon Blaine
Sharon Blaine, Chairperson
Planning Commission
ATTEST:
R-O&A- COAltAlk
Robert Cowan
Assistant Planning Director
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