PC Reso 1581 8-TM-76
RESOLUTION NO. 1581
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUB-
DIVIDE 27.19 ACRES INTO TWENTY-ONE C21) SINGLE--
FAMILY RESIDENTIAL LOTS.
APPLICANT: Noorudin A. Billawala
ADDRESS: P. 0. Box 187, Saratoga, California 95070
SUBMITTED: March 19, 1976
LOCATION: At the terminus of Rainbow Drive
ACREAGE: 27.19 acres
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 as enumerated herein shall apply.
15. The approval is granted based upon Tentative Map Exhibit A, 2nd
Revision, and B, 1st Revision, as may be modified by additional
conditions herein.
16. The grading concept and building location for each lot shall sub-
stantially reflect the grading plan labeled Exhibit B, 1st Revision.
17. In order to permit migration of wildlife and to retain the natural
open character of the hillside area, solid fencing shall be limited
to the final building envelope. Fencing may be permitted outside
411 of the building envelope subject to approval by the Architectural
and Site Approval Committee.
18. The grading for the public street, driveways and sites shall be sub-
stantially as shown on Exhibit B, 1st Revision. Architectural plans
including proposed lot grading, drainage, and building morphology, shall
be submitted to the Architectural and Site Approval Committee for review
prior to issuances of a building permit for any construction on each
individual lot within the subdivision. The Architectural and Site
Approval Committee" shall review said plans with the intent that build-
ings not be silhouetted against the skyline.
19. The developer shall dedicate and improve an equestrian/hiking trail
connecting Rainbow Drive to the Midpeninsula Regional Park District's
Fremont Older Preserve. The location of and degree of improvement
shall be reviewed and approved by the City after consulting with the
Midpeninsula Regional Park District. Said fee dedication shall be
defined and approved by both agencies within a reasonable time prior
. to recordation of the final subdivision map.
20. A minimum of 15 feet of slope rounding shall be provided at the top
of all cut banks.
21. That the applicant or subsequent building permit applicant shall retain
a registered landscape architect to review the proposed grading and
111 submit .a plan to replant all cut and fill slopes, preferably with
indigenous vegetation.
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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 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
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.
•
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8-TM-76
Resolution No. 1581 (continued)
22. Adequate turnaround spaces and four off-street parking spaces shall be
provided on each lot to compensate for the lack of public street park-
ing and provide space for emergency equipment.
23. The applicant shall record an appropriate deed restriction and covenant
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 B, 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.
24. 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 recorda-
tion of the final map.
25. 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
regulations apply to any construction on the lot, as set forth in
Planning Commission Resolution 1581, as may be amended in the future.
26. The developer shall dedicate to the City all water lines and appurtenances,
® installed to City standards,and that the City reach an agreement with San
Jose Water Works for water service to said development.
27. That prior to recordation of the final map, the developer shall grant to
the City a 10-ft. easement for water line purposes. Said easement shall
be used for future expansion of the water system to Regnart Canyon and
Seven Springs Ranch areas. .
28. A final written geologic report shall be submitted to the City Engineer
prior to review of .the tentative map by the City Council. Said final
report shall define appropriate setbacks for a potentially active fault
in the vicinity of Lots 15 and 16, as defined by Exhibit B, 2nd Revision,
and shall evaluate the relationship of the common driveway serving Lots
4 and 5 to a landslide setback denoted on Exhibit B, 2nd Revision.
PASSED AND ADOPTED this 27th day of September, 1976, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the follow-
ing roll call vote:
AYES: • Commissioners Blaine, Gatto, Koenitzer, Woodward, Chairman Adams
NAYS : None
ABSTAIN: None
ABSENT: None •
111 ATTEST: APPROVED:
"-=-4- __s</c.e./deL /s/ Victor J. Adams
ames H. Sisk Victor J. Adams, Chairman
Planning Director Planning Commission