Reso 401216-04-87 (Rev.)
CITY OF CUPERTINO
10430 S. De Anza Boulevard
Cupertino, California 95014
RESO=ON NO. 4012
OF THE PLANNING O:IMSSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE
ONE LOT INM THREE PARCELS
SECTION 1: 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 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 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 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.
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 approved, subject to the conditions enumerated
in this Resolution beginning on Page 2 thereof; and
RESOLTTTION NO. 4012 (16-1IM-87 Rev.) 11/23/87
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 16-M-87 (Rev), as set forth in the Minutes of the
planning Commission Meeting of November 23, 1987, and are incorporated by
reference as though fully set forth herein.
SECTION II • PROJECT DESCRIPTIODI
Application No(s) 16-TM-87
Applicant: warren Whaley
Property Owner: Bobbie Roberts
Location: West side of Clarkston Avenue, anoroxi ggly
100 feet north of Flintshire Street
SECTION III: CONDITIONS AUGNISTERED BY THE PUBLIC WORKS DEPAIrIMFNP
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.
3. STREET LIGHTING INSTAIIATION
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 maximann height permitted
by the zone in which the site is located.
4. FIRE FIYT7EtANT
Fire hydrants shall be located as required by the City.
5. 'TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the
City.
RESOL=ON NO. 4012 (16-d3M-87 Rev.) 11/23/87
PAGE - 3 -
6. STREET TREES
Street trees shall be planted within the Public Right of Way and shall
be of a type approved by the City in accordance with Ordinance 125.
7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125.
8. DRF
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 necessary 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.
9. UNDERGROUND UrILSTIES
The developer shall conply 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 plants showing utility
underground provisions. Said plants shall be subject to prior approval
of the affected utility provider and the City Engineer.
10. DEVELDPIMq-, AGREFNff3dr
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 undexgrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
SECTION IV: C014DIT7ONS ADMINISTERED BY THE PLANNING DEPAR MENr
11. APPROVED E74iIBITS
The reocmme-rdation of approval is based on Exhibit A of Application
16-JDf-87 (Rev.), except as may be amended by the Conditions contained
in this Resolution.
RESOLUMON NO. 4012 (16--IIM1-87 Rev.) 11/23/87
PAGE - 4 -
12. ACCESS/FIRE PROTECPION — LOT 1
The access corridor serving Parcel 1 as shown on Exhibit A shall be
recorded as a fire lane easement on the final map and shall meet city
standards, including provision of a 32 foot inside radius which will
require adjustment of the westerly boundary of Parcel 3, and reduction
of lot area for said Parcel 3 by approximately 500 sq. ft. Open
parking spaces required by the R1 Ordinance shall not be located in
the fire lane.
Paving of said corridor shall be limited to the northerly 12 foot
width thereof; the remaining 8 foot width shall be left as open soil,
or treated with ground cover requiring minimal irrigation, along the
entire length of the adjoining property to the south in order to
protect the root system of the specimen trees on said adjoining site.
The subdivider may retain the option to provide an interior fire
sprinkler system within the fixture home to be built on Parcel 1.
Should the sprinkler option be chosen, the final map may reflect
elimination of the fire lane easement, the aforementioned radius
adjustment and fire equipment turnaround area. However, the twelve
foot wide paved access corridor shall be configured as described in
the per! paragraph.
13. TREE PROTECTION
The applicant shall provide a plan for preservation of the 42 inch
Redwood on Lot 3. Retention of the 24 inch Deodora Cedar on Lot 2 is
optional. Said plan shall include graphic depiction of a protection
device to be installed along the dripline perimeter of said tree(s)
for the duration of construction activities. The plan shall include a
written report from a consulting arborist or landscape architect,
approved by the Department of Planning and Development prior to
preparation of the report. Said report shall detail measures to be
taken to ensure the survival of said specimen(s) during and after
construction.
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All existing structures on the site shall be removed prior to
recordation of the final map. The developer shall assume the
responsibility to obtain all required demolition permits in accordance
with city oniinan^es. Alternatively, the subdivider may post a bond to
ensure demolition of existing structures. Under this latter option,
the structures shall be removed prior to transfer of interest in any
Parcel•
RESOLUTION NO. 4012 (16-TM-87 Rev.) 11/23/87
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110
PASSED AND ADOPTED this 23rd day of November, 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: Szabo, Claudy, Sorensen, Chr. Mackenzie
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Adams
ATTEST: APPROVED:
VerL1-4-1,0-WA
Robert Cowan Do Mackenzie, airman
Director of Planning Cupertino P1 Commission
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