Reso 307415-MI-87
CITY OF CUPERTINO
10430 S. De Anza Boulevard
Cupertino, California 95014
RFSOMTI0N NO. 3074
OF THE PLANNING CCM[SSICN OF THE CITY OF CUPERTLNO
APPROVING A TERIATIVE MAP TO SUBDIVIDE
1 PARCEL INTO 2 PARCELS WIIH LOT SIZES RANGING
FRCM 6,300 SQ. FT. to 7,100 SQ. Fr.
SECTION I• FINDINGS
WHEREAS, the Planning Cmmissicn 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 Conaission has held at least one Public Hearing in regard to the
application; and
WHEREAS, the Planning Om=issicn 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 inprovement 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 contenPlated under the approved subdivision.
d) That the design of the subdivision or the prioposed inprovements 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 improvements
will not conflict with easements acquired by the public at large for
access through or use of property within the proposed subdivision.
RESOLUTION 140. 3074 (15-IM-87) 15-IM-87
PAGE - 2 -
That upon careful consideration of maps, exhibits, facts, testimony and
other evidence sukulitted 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
BE IT FUJEUMM 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 15-'IM-87, as set forth in the Minutes of the
Planning Commission Meeting of August 10, 1987, and are incorporated by
reference as though fully set forth herein.
Application No 151IM-87
Parcel Area
(Acres) : .28 net
.43 crross
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The final parcel map for this project shall not be recorded until all
land area encompassed therein is certified by the Secretary of State
as annexed to the City of Cupertino.
2. STFM WIDENING
Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
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Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
RESOLUMON NO. 3074 (15-rM-87) 15-nI-87
PAGE - 3
Street lighting shall be installed and shall be as approved by the
City Engineer. Lighting fixtures shall be positioned so as to
preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maxim m height permitted
by the zone in which the site is located.
Fire hydrants shall be located as required by the City.
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Traffic control signs shall be placed at locations specified by the
city.
Street trees shall be planted within the Public Right of way and shall
be of a type approved by the City in accordance with Ordingunoe 125.
[l5§LV:):Vii
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125.
Drainage shall be provided to the satisfaction of the City Engineer.
Surface flow across public sidewalks may be allowed in the R-1, R-2
and R-3 zones unless storm drain facilities are deemed neosssary by
the City Engineer. Development in all other zoning districts shall be
served by on site storm drainage facilities connected to the City
storm drainage system. if City storm drains are not available,
drainage facilities shall be installed to the satisfaction of the City
Engineer.
The developer shall cornply with the requirements of the Underground
Utilities Ordinance No. 331 and other related Ordinances and
regulations of the City of Cupertino, and shall coordinate with
affected utility providers for installation of underground utility
devices. The developer shall submit detailed plans showing utility
underground provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City Engineer.
RESO=ON 1I0. 3074 (15--M-87) 15-JIM-87
PAGE - 4 -
The project developer shall enter into a development agreement with
the City of Cupertino providing for payment of fees, including but not
limited to checking and inspection fees, storm drain fees, park
dedication fees and fees for underr;rc uding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
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The recommendation of approval is based on Exhibit A let Revision,
except as may be amended by the Conditions contained in this
Resolution.
Electrical transformers, telephone vaults and similar above ground
equipment enclosures shall be screened with fencing and landscaping
or located underground such that said equipment is not visible from
public street areas.
The applicant shall record an appropriate deed restriction and
covenant running with the land for all parcels which share a cam cn
driveway or private roadway with one or more other parcels as depicted
on Exhibit of this application. Said deed restriction shall provide
for necessary reciprocal ingress/egress easements to and from the
affected parcels. Said easements shall be recorded at such time as
interest in only or more of the affected parcels is initially sold or
transferred to another party.
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A reciprocal maintenance agreement 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 recordation of the final map, and shall be subject to
prior approval as to form and content by the City Attorney.
16. TREE PROTECUON
The applicant shall provide a plan for preservation of the existing 30
and 36 inch diameter redwood trees shown on Exhibit A 1st Revision
Said plan shall include graphic depiction of protection devices to be
installed along the dripline perimeter of each tree for the duration
of construction activities. The plan shall include a written report
from a consulting arborist or landscape architect.
RESOLUPION 11O. 3074 (15-'IM-87) 15-TH-87
PAGE -S-
All existing structures on the site shall be removed prior to
recordation of a final map for this project. The developer shall
assume the responsibility to obtain all required demolition permits in
accordance with City Ordinances. Alternatively, the applicant may
post a bond to ensure demolition of existing structures. Under this
latter option the structures shall be moved prior to transfer of
interest in either parcel.
18. GUEST PARKING SPACES
Provisions shall be made to provide four guest parking spaces. The
spaces shall be functionally independent of driveways and fire
department access roads and turnarounds. The applicant shall prepare
a covenant mooning with the land granting reciprocal access, use, and
maintenance of said parking spaces. The covenant shall be approved by
staff and shall be recorded with the transfer of ownership of any of
the affected parcels.
19. CITY COUNCIL REVIEW
The city Council shall review and/or modify conditions relating to
maintenance of the landscape area between the public sidewalk and
private fencing or walls.
The applicant shall agree to install and maintain landscaping located
in the area between the private wall or fence and the public
sidewalk. The agreement shall include a mechanism requiring a
continuous obligation by future property owners and provide a means
for City enforcement of it's terms and conditions.
In accordance with condition 19, the City Council shall select the
most appropriate nedum-ism for inplementinq this condition.
21. 1ANDSCAPE AND WALL
Any sound attenuation wall built adjacent to public streets shall use
an attractive material/treatment and shall be subject to informal
review and approval by the Architectural and Site Approval Crm¢nittee.
Examples of attractive walls include the rock faced walls at the Hilda
Wong development at Stelling and McClellan Road and the BAS Hanes
development located on Foothill Boulevard at Alpine Drive.
RESOLUTION NO. 3074 (15-'IM-87) 15-TM-87
PAGE - 6410
PASSED AND ADOPTED this 10th day of August, 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:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
AT EST: APPROVED:
Robert Cowan Do d Mackenzie Chairman
Director of Planning Cupertino Plannin Commission
RES15'IM87(RANDY)
101