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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)