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Reso 3004 19-'TM-86 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 • RESOLUTION NO. 3004 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A THREE (3) LOT SUBDIVISION WITH ONE (1) ADDITIONAL LOT HELD IN COMMON OWNERSHIP SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map, as described on Page 2 of this Resolution; and WHEREAS, the nereGsary 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 and any applicable Specific Plan. b) That the design or improvement of the proposed subdivision is consistent with the General Plan and with the development standards prescribed in Sections 12, 13 and 14 of the R1-C zoning ordinance. • 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) 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 persons 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. g) That the proposed subdivision promotes the attainment of energy efficiency objectives, and augments the City's housing supply in accordance with General Plan policy. NOW, THEREFORE, BE IT RESOLVED: That upon careful consideration of maps, exhibits, facts, testimony and other evidence submitted in this matter, the application for Tentative Subdivision Map is hereby recommended for approval, subject to the conditions enumerated in this Resolution beginning on Page 2 thereof; and • - 1 - RESOLUTION No. 3004 (19-TH--86) 01/12/87 Page - 2 - • BE IT FURTHER RESOLVED: That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing Record concerning Application 19-TM--86, as set forth in the Minutes of the Planning Commission Meeting of February 9, 1987, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No(s) 19-1M--86 and 38-EA-86 Applicant: Dar-En Shu Property Owner: Gin-Lu and Chin-Hsia Shwe Location: East side of Blaney Avenue, approximately 250 ft. north of Beekman Place Parcel Area (Ac) : 0.28 TENTATIVE MAP To subdivide 1 parcel into 4 parcels with lot sizes ranging from 950 sq. ft. to 8,500 sq. ft. SECTION III: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET IMPROVEMENTS & DEDICATION Street widening, improvements, and dedications shall be provided in 111 accordance with City Standards and specifications and as required by the City Engineer. 2. CURB, GUTTER & SIDEWALK Curbs, gutters, sidewalks, and structures shall be installed to grades and be constructed in accordance with standards specified by the City Engineer. 3. LIGHTING Street lighting shall be installed and shall be as approved by the City Engineer. On-street lighting shall be as required by the Architectural and Site Approval Committee and ordinances and regulations of the City. All on and off-site lighting shall designed to in no way interfere with adjacent areas and shall be no higher than the maximum height permitted by the zone in which the property is located. 4. FIRE HYDRANTS Fire hydrants shall be located as required by the City. 5. TRAFFIC CONTROL SIGNS Traffic control signs shall be placed at locations to be specified • by the City. RESOLUTION No. 3004 (19-'IM--86) 01/12/87 Page - 3 - ID 6. STREET TREES Street trees will be planted in the public right-of-way and shall be of a type approved by the City in accordance with Ordinance No. 125. 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance No. 214(a) . 8. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Should provision of a catch basin and direct tie-in to the 36" storm line within Blaney Avenue prove infeasible, an alternative drainage design shall be subject to the City Engineer's approval. 9. UNDERGROUND UTILITIES The subdivider shall be responsible for complying with the requirements of the Underground Utility Ordinance No. 331 and other elated ordinances and regulations of the City of Cupertino, and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. The subdivider shall submit a detailed plan shaving utility underground provisions. (This plan must have prior approval of the utility companies and the City Engineer.) SECTION IV: CONDITIONS Ai:MINISTERED BY THE PLANNING DEPART 10. APPROVED EXHIBITS That the recommendation of approval is based on Exhibit A of Application 19-"IM-86 except as may be amended by additional conditions enumerated herein. 11. DRIVEWAY ACCESS Prior to recordation of the Final Map, the Planning and Public Works Dept. staff shall evaluate jointly the configuration, width and alignment of the driveway serving the interior portion of the subdivision. Possible modifications thereto may include, but are not necessarily limited to: A) Widening of the driveway apron at the property line B) Widening of the driveway corridor beyond 14' 8" as shown on Exhibit A C) Realignment of access to the driveway/garage area for Unit 3 12. RECORDATION OF FINAL MAP • Recordation of the Final Map shall not proceed until a change of zoning classification to R1-C, or such other zone as is deemed appropriate by the City Council for the development contemplated under said Final Map, is effective under a formally adopted Ordinance. RESOLUTION No. 3004 (19-'IM-86) 01/12/87 Page - 4 - IP 13. FINAL MAP The applicant shall be responsible for completing the site as shown on the approved plot plan and shall be required to enter into a development agreement with the City of Cupertino providing for payment of necessary fees, including but not limited to checking and inspection fees, storm drain fee, and underground utility fee. Said agreement shall be executed prior to recordation of the final map. 14. ELECTRICAL AND TELEPHONE TRANSFORMERS Electrical and telephone transformers shall be screened with fencing and landscaping, or undergrounded, such that they are not visible from public street areas. 15. DEMOLITION REQUIREMENT The subdivider shall remove all existing structures prior to recordation of the final map, with the exception of the existing single family residence identified as Unit 3 on Exhibit A of 19-IM-86, or post a bond or other financial security (acceptable to the City) guaranteeing their removal prior to issuance of any building permits. If the subdivider elects to post a financial security and remove the structures prior to issuance of building permits, he/she shall record a covenant, or other acceptable legal instrument precluding transfer of ownership of any individual parcel until the structures are removed. 16. COMMON AREA The development rights to the Common Area shall be dedicated to the City of Cupertino in advance of recordation of the final subdivision map to ensure that open space area is available to the entire development. 17. PRIVATE STREETS All applicable subsections of Sections 13.5 and 13.6 of the R1C Ordinance (Ordinance No. 664) regarding street improvement requirements and covenants shall apply to the subject development. 18. CONDOM INI[7M DIVISION The property may be divided into three (3) or fewer condominium units at the discretion of the developer or owner. There shall be one (1) additional lot held in common ownership. The exact placement of interior partitions may be modified subject to staff approval. RESOLUTION No. 3004 (19-ZM-86) 01/12/87 Page - 5 - 18. PRIVATE DRIVEWAY COVENANT The applicant shall record an appropriate deed restriction and covenant running with the land for all parcels which share a common driveway or private roadway with one or more other parcels as depicted on Exhibit A of this application. Said deed restriction shall provide for necessary reciprocal ingress/egress easements to and fram 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. 19. ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels which share a common private drive 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. PASSED AND ADOPAD this 9th day of February, 1987, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll-call vote: AYES: COISSIONERS: Adams, Sorensen, Szabo and Chairman MacKenzie NAYS: COMMISSIONERS: Claudy ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: VJAAJ--- Lui86. Robert Cowan Donald MacKenz , Chairman Planning Director Planning Commission S