Reso 1844 32-TM-77
RESOLUTION NO. 1844
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A REQUEST TO RESUBDIVIDE
THREE PARCELS INTO FOUR PARCELS COMPRISING APPROXIMATELY
13.06 ACRES.
APPLICANT: Jerry Merkel() & William McGuire
ADDRESS: 11119 Sutherland Avenue and 10421 Phar LapDrive, Cupertino , CA 95014
SUBMITTED: December 19, 1977
LOCATION: Southerly terminus of Regnart Road
Approval is recommended subject to the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the Planning Commission meeting
Of June 12, 1978.
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conflic
t with the
improvement requirements set q forth in Policy Statement No. 3 of the
Hillside General Plan as amended, and the special conditions enumerated
herein. In the event a conflict does exist, the special conditions
as enumerated herein shall apply.
15. The approval is granted based upon tentative map Exhibit A 1st Revision
of 32-TM-77, modified to the join the small triangular portion of Parcel
B located southerly of the proposed Regnart Road alignment with Parcel C,
® and as may be modified by additional conditions contained herein.
16. The grading concept and building location for each lot shall substantially
reflect Exhibit A 1st Revision of 32-TM-77. The Director of Planning and
Development, or designee, shall review and approve subsequent building
permit applications based upon the R1 zoning and grading ordinance regula-
tions and the grading and fence location policies established below.
a) Pad elevations. The finish vertical elevation of the vehicular
turn around pads for each building site shall be within 10' of
the finish elevation designated on Exhibit A 1st Revision. Mass
grading of building sites is not permitted. Permits to grade
building sites may be issued only in conjunction with building
permits of residential structures. Private roads and individual
driveway approaches for each site may be graded concurrently with
the main public road.
b) Retaining walls may be employed to resolve ground stability problems
or minimize grading.
c) A registered landscape architect shall review grading plans and
in consort with the project and City Engineer, shall submit a
plan to prevent soil erosion and visually screen extensive cut
and fill areas. The intent of the visual screen is to ,soften
grading scars . A 100% screening effect is not required.
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CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSI0N OF THE CITY OF CUPERTINO REC0MMENDING
THE APPROVAL OF A TENTATIVE MAP
WHEREAS, the attached application has been submitted to the City of Cupertino
requesting approval of a tentative map; and
WHEREAS, the Planning Commission has held at least one public hearing in
regard to the application; and
WHEREAS, the Planning Commission has duly considered and heard all evidence
submitted in regard to said application; and
WHEREAS, the necessary public notices have been given as required by the
subdivision and procedural ordinances of the City of Cupertino.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Planning Commission makes the following findings :
a) That the proposed map is consistent with the general and specific •
plans.
b) That the design or improvement of the proposed subdivision is
consistent with the general and specific plans.
c) That the site is physically suitable for the type of development.
d) That the site is physically suitable for the proposed density of
development.
e) That the design of the subdivision or the proposed improvements are
not likely to cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat.
f) That the design of the subdivision or the type of improvements are
not likely to cause serious public health problems.
g) That the design of the subdivision or the type of improvements will
not conflict with easements, acquired by the public at large, for
access through or use of, property within the proposed subdivision.
110
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32-TM-77
Planning Commission Resolution No. 1844 (continued)
d) Solid board fencing for privacy and security reasons shall be limited
to an area of 5,000 sq. ft. exclusive of domain structure of such
figure established by adoption of a hillside ordinance, whichever
figure is lesser. Open fencing may be constructed on property lines
and other internal lot areas to contain domestic animals or provide
security. A corral or barbed wire fences are examples of open fencing.
The applicant or subsequent lot owners may appeal the Director
of Planning's decision regarding the above design standards to
the Planning Commission. The Planning Commission may review the
appeal as an unfinished business agenda item.
17. The developer shall agree to participate in an improvement district to
install street improvements for Regnart Road. The City shall relieve
the developer of the above requirement if and only if the assessment
district is not formed within five years from date of tentative map
approval at which time the developer shall install at his own expense
the required improvements for the reach of Regnart Road contained within
the map boundary.
The final map shall not be recorded until the aforementioned assessment
district is approved and construction is scheduled or until Regnart Road
is improved from the project site to the existing paved section.
If the Regnart Road is improved by a means other than an assessment
district, the applicant shall contribute to the off-site road improvements
and right of way acquisition costs on a pro-rate share based upon number
of parcels .
18. All private driveways serving the development shall be improved as
required by Policy No. 3 of Hillside General Plan and as directed by
the City Engineer.
19. The applicant shall record an appropriate deed restriction and conve-
nant running with the land subject to the review and approval of the
City Attorney, for all parcels which share a common private drive or
private roadway with one or more other parcels as displayed on Exhibit
A 1st Revision. Said deed restriction shall provide for the necessary
reciprocal ingress/egress easements to and from the affected parcels.
Said easements shall be recorded at such time as interest in one or
more of the affected parcels is initially sold or transferred to another
party.
20. A reciprocal maintanance agreement to be reviewed and approved by the
City Attorney, shall be required for all parcels which share a common
private drive or private roadway with one or more other parcels within
the tract. Said agreement shall be recorded in conjunction with re-
cordation of the final map.
21. That the applicant shall record a covenant on each lot to be trans-
ferred informing future lot purchasers of the existence of geologic
hazards in the area, and additionally, that special development regu-
lations apply to any construction on the lot. Future applicants for
building permits shall comply with the recommendations in the April 13, 1978,
IIP Geologic Report entitled, "Geotechnical Investigation: Lands of McGuire -
Merkelo" as amended and the recommendations contained in the May 2, 1978,
memo from William Cotton entitled "McGuire/Merkelo Properties".
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32-TM-77
Planning Commission Resolution No. 1844 '(continued)
22. Adequate turnaround spaces and four functionally independent off-street
parking spaces shall be provided on all parcels to compensate for the
• lack of public street parking and provide space for emergency equip-
ment. The four parking spaces shall be in addition to two enclosed
garage spaces.
23. The applicant shall design and install improvements on the public
right-of-way to provide for the temporary storage of refuse cans for
municipal garbage pickup.
24. Prior to recordation of the final map, provisions shall be made for
water service to the subdivision in a manner as approved by the City
Council.
25. The approval is for 4 dwelling units (lots) . Slope density credit
from any specific lot or group of lots cannot be transferred. The
applicant/owner or subsequent owner may adjust property lines, subject to
City approval, if the property line adjustment does not result in the
creation of additional dwellings.
A covenant running with the land in favor of the City as approved by
the City Attorney shall be recorded to ensure compliance with the
regulation prohibiting tranfer of slope density dwelling unit credit.
26. No earthmoving or other heavy construction equipment shall be operated
on Saturday, Sunday, or national holidays and on weekdays between the
hours of 6:00 p.m. and 7:00 a.m. of the following day. The above re-
quirement is waived if the construction activity is of a nature that
411 requires continuous operation such as the connection of utility
systems or the placement of concrete into a single form. The require-
ment is additionally waived if construction cannot be stopped without
creating either safety problems or hazardous conditions or construction
emergency as determined by the Director of Public Works.
The use of hand tools or hand held power tools is not regulated by this
condition.
27. The applicant shall incorporate dust control measures. The dust
control measures shall be approved and inspected by the City staff
and shall be initiated in conjunction with grading operations for
street work and building sites.
The above regulation does not apply to existing lots of record.
28. No grading shall be done from the month of November to the month of April.
If the developer chooses to grade during these months he must first post a
bond with the City in a sum sufficient to repair any possible damage done.
The sum of the bond to be posted will be determined by staff.
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3 2-TN-i 8
Planning Commission•Resolution No. 1844 (continued)
PASSED AND ADOPTED this 12th day of June, 1978, at a regular meeting of the
010 Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AvES: Comiiissioners Adams, Claudy, Gatto, {oenitzer, Chairperson 31aine
NAYS: None
ABSTAIN: None
ABSENT: None
APPROVED:
/s/ Sharon Blaine
Sharon Blaine, Chairperson
Planning Commission
ATTEST:
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Robert Cowan
Assistant Planning Director
It
Ilk