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Reso 1884 7 22-TM-78 RESOLUTION NO. 1884 ® OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOPM4ENDING APPROVAL OF A TENTATIVE MAP TO DIVIDE APPROXIMATELY 2.15 ACRES INTO EIGHT CLUSTER LOTS AND ONE LOT TO BE HELD IN COMMON OWNERSHIP; PLUS TWO CONVENTIONAL RESIDENTIAL LOTS. APPLICANT: Byrne Avenue Properties ADDRESS: 10400 Phar Lap Drive, Cupertino, California 95014 SUBMITTED: July 20, 1978 LOCATION: Southwest and southeast corner of Byrne Avenue and Stevens Creek Boulevard 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 September 11, 1978. CONDITIONS: 1-14. Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions enumerated herein shall apply. 15. The application is approved based upon Exhibit A 1st Revision of Application 22-TM-78 as may be amended by additional conditions contained herein. ® 16. The front yard (building) setback for Parcels 1-5 shall measure a minimum distance of 20 feet from the property line or back of sidewalk to the structure. 17. The applicant shall be responsible for the costs associated with the installation of street improvements to close the west leg of the inter- section of Byrne Avenue and Old Stevens Creek Road in accordance with the Stevens Creek Boulevard Plan Line. 18. Solid board fences for Lots 7, 8, and 9 shall be limited to the lot areas located easterly of the brick retaining wall described on Exhibit A 1st Revision unless otherwise approved by the Architectural and Site Approval Committee. 19. The fencing design for the common lot line between Lot 6 and 10 shall be limited to an open type. An "open" fence is a fence structure that is comprised of materials spaced in a manner so as to result in a minimum 75% visual transparency. 20. The developer of Lots 1-9 shall initiate an association of homeowners for the purpose of maintaining the common area referred to as Lot 6 on Exhibit A 1st Revision. The applicant shall comply with Section 13. 6 of Ordinance 664 regarding the establishment of a homeowners association and requirement for improvements and maintenance. • -2- CITY OF CUPERTINO 410 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 Commission 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 1 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. -1- • 22-TM-78 . Planning Commission Resolution No. 1884 (continued) PASSED AND ADOPTED this llth day of September 11, 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, Koenitzer, Chairman Blaine NAYS: ABSENT: ABSTAIN: APPROVED: /s/ Sharon Blaine Sharon Blaine, Chairperson Planning Commission ATTEST: • f-048^*CZIPtitt ® Robert Cowan Assistant Planning Director 411 -3-