Reso 402426—I-87
CITY OF C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4024
OF THE PIANJING OCKIISSION OF THE CITY OF CTPER17M
RECoK4EMn G APPROVAL OF A TENTATIVE MAP TO
SUBDIVIDE 1 PARCEL INTO 15 PARCELS
SECTION I• FINDINGS
WHEREAS, the Planning Ccumission 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 Ccamnission finds that the application meets the
following requixenents:
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 order 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, ARE, 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 recamnended for approval, subject to the
conditions en miesated in this Resolution beginning on Page 2 thereof: and
RESOLLIPION NO. 4024 (26-11SI-87) 1/11/88
PAGE - 2 -
BE IT FLTRnIM RESOLVED:
That the suboonclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing Record
concerning Application 26-M4-87, as set forth in the Minutes of the
planning Co mnission Meeting of January 11, 1988, and are incorporated by
reference as though fully set forth herein.
SECTION II• PFtD= DATA
Application No(s) 26-14-87
Applicant: Dividend Development Corporation
Property owner: Edward Cali
Location: North side of Columbus Avenue bound by Mnriw
Rosa and Wilkinson Avenue
SECTION III. CONDITIONS AtMUSPERED BY THE PUBLIC WO1W DEPARTMF3dP
1. STREET WIDENING
Street widening, irprovements and dedications shall be provided in
accordance with City standards and specifications and as required by
the City Engineer.
2. CURB AND GUTTER IMF4ZOVE E7S
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. STREET LIGHMIG INSTALLATION
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 maximum height permitted
'by the zone in which the site is located.
4. FIRE HYi&tANT
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.
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.
RESOUMON NO. 4024 (26-TM-87) 1/11/88
PAGE - 3 -
7. SING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125.
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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 deemod 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.
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The developer shall comply 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 undercj wrd utility
devices. 'Ihe developer shall submit detailed plans stowing utility
underground provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City Engineer.
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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.
ll., TRANSFl7RME1iS
Electrical transformers, telephone vaults and similar above ground
equipment enclosures shall be screened with fencim3 and landscaping
or located urderground such that said equipment is not visible from
public street areas.
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The property owner shall seal abandoned or unused water wells if the
City, after consultation with the Santa Clara Valley Water District,
determines that said abandoned or unused water wells have a potential
to contaminate the water supply.
RESOZUPION No. 4024 (26-M4-87) 1/11/88
PAGE - 4 -
13. DEDICATION OF WATER Ia7FS
The developer shall dedicate to the City all waterlines and
appurtenances installed to City Standards and shall reach an agreement
with the appropriate agency for water service to the subject
development.
SECTION IV; CONDITIONS ACt4a1 =FED BY THE KA WING DEPAdrI24F3�P
14. APPROVED MIBTTS
The reoonmierdation of approval is based on Exhibit A of Application
26-0I-87, except as nay be amended by the conditions contained in this
resolution.
15. TREE PPYrECTI
The applicant and future property v ners shall protect the two
specimen Oak trees on Lots 3 and 14 per the tree report frtm corporate
and catr *=ial Services dated November 4, 1987, and amended Deomnber
8, 1987. Additionally, the applicant and future property owners shall
couply with the City's standard tree protection details and the
following restrictions:
a) Construction of any structure requiring a building permit is
prohibited within the trees' driplines. Paving within the
driplines shall conply with Corporate and cmm ercial Service's
11/4/87 reccumendations. Grading or trenching within the
dripline is prohibited.
b) Pruning of the trees shall be limited to that necessary to
maintain the trees' health and appearance. Under no
circumstances shall drastic pruning be permitted contrary to
these objections.
c) Landscaping within the trees' dripline shall be of a type which
is compatible with the trees' oontinued health as determined by a
tree professional and approved by the Director of Planning and
Development.
d) Demolition and construction activities shall be monitored by a
tree Professional to ensure compliance with these conditions and
adequate protection of the trees. construction activities and
storage of construction materials or vehicles are prohibited
within the trees' dripline.
e) The applicant shall record a covenant an Iots 3, 14, and 15,
establishing a restrictive easement, or other instrunnent suitable
to the City Attorney, to ensure future lot purchasers are made
aware of the tree protection requirement.
Trees other than the two specimen Oaks nay be removed.