Reso 4003APPLICATION 17-M-87
CITY OF CUPERTINO
10430 S. De Anza Blvd.
Cupertino, California 95014
RESOLUTION NO. 4003
OF THE PLANNING COMMISSION OF THE CITY OF CUPERMm
APPROVING A PARCEL NAP TO DIVIDE ONE PARCEL
INTO TWO LOTS OF 13,000 SQ. FT. AND 12,230 SQ. FT.
MORE OR LESS
SECTION 1: FINDINGS
WHEREAS, the Planning Conanission of the City of Cupertino received an
application for i 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 Omission 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 contemplated 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 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 naps, 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
RESOLUTION NO. 4003 (17-JIM-87) 11/09/87
Page-2-
BE IT FURTHER RESOLVED:
That the subconclusions upon which the firxiings and conditions specified
in this Resolution are based are contained in the Public Hearing Record
concerning Application 17-04-87, as set forth in the Minutes of the
Planning Commission Meeting of October 12, 1987 and November 9, 1987, and
are incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s) 17-11M-87
Applicant: Leroi and Vivian Cheney
Property Owner: Same
Location: 10221 Adriana Avenue
SECTION III • CONDITIONS A 14INISTE RED BY THE PUBLIC WORKS DEPARII4Ec1T
1. STREET IMPFMEME M & DEDICATION
Street widening, improvements, and dedications shall be provided in
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.
! 4. FIRE HYDRANTS
Fire hydrants shall be located or upgraded as required by the City.
5. 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 the Stevens Creek
Boulevard Sidewalk Plan.
6. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance No. 214(a).
7. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
J
RESO=ON NO. 4003 (17-'IM-87) 11/09/87
Page - 3 -
8. UNDERGRoUND UTILITIES
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 must 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 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 construction
permits.
SECTION IV: CONDITIONS AEMMSTERED BY THE PLANNING DEPAKIMENT
10. APPROVED EXHIBITS
The rec=nendation of approval is based on Exhibit A of Application
17--IIMI--87 except as may be amended by additional conditions
enumerated herein.
11. VARIANCE APPROVAL
Approval of the application is contingent upon City Council approval
of Application 4 V-87.
12. PARCEL 2 - IUP ORIEMTION
The applicant shall rotate the shared property line between Lots 1
and 2 in a counter clockwise direction, to achieve a rear yard
orientation for the westerly property line of Lot 2. The exact
reorientation shall be approved by the Planning Department prior to
recordation of the final map.
i • � : iuJl�: is �• : «a �a
Prior to recordation of the final map, the 24" Monterey Pine within
the access easement shall be removed. A specimen scale replacement
tree shall be installed on the buildable portion of lot 2, subject
to approval by staff.
RESOLUTION NO. 4003 (17-01-87) 11/09/87
Page - 4 -
14. INGRESS -EGRESS EASEMENT
The applicant shall record an access easement over lot 2 benefiting
lot 1 to provide access to the garage at the rear of Lot 1. Said
easement shall be subject to review by the City Attorney and shall
be recorded at such as interest in either parcel 1 or 2 is initially
sold or transformed to another party. A reciprocal maintenance
agreement shall be required for the access easement and shall be
subject to City Attorney approval.
15. FIRE I[1RAIAROUND
A fire equipment turnaround area shall be provided on Parcel 2, and
shall be constructed in accordance with specifications acceptable to
the City.
16. L7T 2 - ACCESS
The easement shown Exhibit A shall be replaced by an 18 ft. flag
access to parcel 2. Said access shall be part of, and belong in fee
title to, Parcel 2.
PASSED AND ADOPTED this 9th 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: Claudy, Sorensen, Szabo, and Chairman Mackenzie
NAYS: COMMISSIONERS: Adams
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPRWED:
� r (rl1-eA A_ w �_
Robert Cowan Do�Mackenzie,
Planning Director Planning Cmmnission
RSOl7TM(KRISTIN)