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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. rr : ar• q 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. r �•,n•,r r ■� 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. • r171N1 • .u�7iJ : nN71aui2J� 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. c .Ir_•:.lar .h. M�4 .1�1 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.