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Reso 3034APPLICATION 7- IM-B7 CITY OF CUPERTINO 10430 S. De Anza Blvd. Cupertino, California 95014 RESOMTION No. 3034 OF THE PLANNING CCH IISSION OF THE CITY OF CUPERTM REOCMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE ONE PARCEL INFO 14 LOTS WITH LOT SIZES RANGING FROM 7,500 SQUARE FEET TO 9,200 SQUARE FEET. SECTION I: FINDINGS W WYAS, 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 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 and any applicable Specific Plan. b) That the design or improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. c) That the site is physically suitable for the type and intensity of development conterplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely 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 inprovements 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 prtmctes the attainment of energy efficiency and conservation of housing stock, as provided in General Plan Policy. NOW, TiEPMVRE, BE IT RESOLVED: That upon careful consideration of maps, exhibits, facts, testimony and other evidence submitted in this mattef, 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 RESOLUTION 110. 3034 (9-04-87) 05/26/87 Page-2- BE rr FURTHER RESOLVED: Mmt the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing Record concerning Application 9-JIM-87, as set forth in the Minutes of the Planning Camnissicn Meeting of May 26, 1987, and are incorporated by reference as though fully set forth herein. Application No(s) 9-TH-87 Applicant: Gerard Cupertino Partner I Property Owner: Same Location: East side of Mary Avenue, am i„uteIV 200 ft. south of Meteor Place Parcel Area (Ac): 3.2 net 3.4 dross TENrA= MAP To subdivide 1 parcel into 14 parcels with lot sizes ranging fran 7,500 sq. ft. to 9,200 sq. ft. Street widening, improvements, and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB. GUNER & SII)ES�LK Curies, 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. All on and off -site lighting shall designed to in no way interfere with adjacent areas and shall be no higher than the maxirmnn height permitted by the zone in which the property is located. Fire hydrants shall be located as required by the City. RFSOUMON 110. 3034 (9-M-87) 05/26/87 Page - 3 - Traffic control signs shall be placed at locations to be specified by the City. Street trees will be planted in the public right-of-way and stall be of a type approved by the City in accordance with the Stevens Creek Boulevard sidewalk Plan. 7. GRAD7G Grading shall be as approved and required by the City Engineer in accordance with Ordinance No. 214(a). m • ar; n Drainage shall be provided to the satisfaction of the City Engineer Prior to approval of the final map, the subdivider shall demonstrate the feasibility of implementing a positive overlay solution for the downhill portion of the proposed cul-de-sac. drainage site drainage solutions shall be implemented with appropriate easements or through other means as directed by the City Engineer or the City Council. The subdivider shall also investigate the option of raising the easterly portion of the street to effect downslope drainage to Mary Avenue for the entire subdivision. The developer shall be responsible for complying with the requirements of the Underground Utility Ordinance No. 331 and other related 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 showing utility underground provisions. (This plan mist have prior approval of the utility companies and the City Engineer.) The project developer shall enter into a development agreement with the City of Cupertino providing for implementation of improvements and 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 issuance of oanstructien permits. RE,SOUMON 140. 3034 (9-K-87) 05/26/87 page-4- SECTION IV: CONDITIONS ALi4INISTERED BY THE PLANN M DEPARTt�27T 11. APPRQVM E}09BiTS The approval is based on Exhibit A of Application 9-'IM-87 except as may be amended by additional conditions enumerated herein. 12. DEMOLITION RDQLTNr The applicant shall remove all existing structures prior to recordation of the final map, or post a bond or other financial security (acceptable to the City) guaranteeing their removal prior to issuance of any building permits. If the applicant 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. 13. TREE REMOVE The subdivider, or subsequent purchasers of individual lots within the subdivision, shall have the discretion to remove or retain existing trees. 14. TREE PRi11ECTION The subdivider shall provide a plan for protection of any specimen tree retained on the site in accordance with Condition 13 of this Resolution, prior to ccnYwx*mert of, and during construction. Said plan shall include graphic depiction of protection devices to be installed along the dripline perimeter of each tree. 15. EIE=CAL AND TELEPHONE MWSFUFd Electrical and telephone transformers shall be screened with fencing and landscaping, or undergrounded, such that they are not visible from public street areas. 16. STREET NAME RESOLUTION NO. 3034 (9-TM-87) 05/26/87 Page - 5 - S PASSED AND ADOr1ED this 26th day of May, 1987 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, Vice-Chr. Sorensen NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Szabo ABSENT: COMMISSIONERS: Chr. Mackenzie ATTEST: APPROVED: V. ClAkte(AA �.-- -QP Robert Cowan lee Sorensen, Vice-Chairwoman Director of Planning Cupertino Planning Commission RS07TM(M)