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Reso 1809 25-TM-77 RESOLUTION NO. 1809 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE APPROXIMATELY TWENTY (20) ACRES INTO FIVE SINGLE- FAMILY RESIDENTIAL LOTS. APPLICANT: ALMADEN VALLEY ENGINEERS ADDRESS: 4606 Meridian Avenue, Suite "E", San Jose, California 95124 SUBMITTED: September 16, 1977 LOCATION: Adjacent to and westerly of Regnart Road immediately contiguous . to the Candy Rock subdivision. 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 February 13, 1978. CONDITIONS: 1-14. Standard Conditions to the extent that they do not conflict with the improvement requirements set forth in Policy. Statement No. 3 of the . Hillside General Plan 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 2nd Revision of 25-TM-77, as may be modified by additional conditions contained herein. ® 16. The grading concept and building location for each lot shall sub- stantially reflect Exhibit A 2nd Revision of 25-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 regulations 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 ten (10) feet of the finish elevation designated on Exhibit A 2nd Revision. Mass grading of building site and driveways is not permitted . Permits to grade building-sites or private drives may be issued only in conjunction with building permits for residential struc- tures. b) The foundation system for residential structures located on Sites 3 and 4 .shall be of a pole frame, pier design, or step foundation, thereby eliminating the requirement for extensive grading for a building pad. The specific architectural design of the buildings shall not be subject to review. The founda- tion system and grading for Sites 1 and 2 may be a pole frame design or building pad design inasmuch as said building sites are located on relatively level terrain and the lots are large. c) Retaining walls may be employed to resolve ground stability problems or minimize grading. 411 • -2- CITY OF CUPERTINO 411 City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING 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, bythe acquired public at large,ge, for access through or use of, property within the proposed subdivision. • -1- 25-TM-77 Planning Commission Resolution 1809 (continued) d) 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. The oak trees designated on Exhibit A 2nd Revision shall be retained unless the design solution to retain said trees creates an aesthetically unpleasing condition or it results in unsafe road design. The registered landscape architect shall review the design for tree retention design solutions to ensure their protection during and after construction. e) The drain field areas shall be recontoured after grading. The drain field shall reflect the natural topography to the greatest extent possible. f) Solid board fencing for privacy and security reasons shall be limited to an area of 5,000 sq. ft. excluding the main structure or 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. 41, 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. All privide driveways serving the development shall be improved as required by Policy No. 3 of Hillside General Plan and as directed by the City Engineer. 18. The applicant shall record an appropriate deed restriction and covenant 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 dis- played on Exhibit A. 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. 19. A reciprocal maintenance 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 recorda- tion of the final map. a -3- Planning Commission Resolution 1809 (continued) 20. 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 regulations apply to any construction on the lot. Future applicants for building permits shall comply with the recommendations in the July 1977 Geologic Report entitled, "Geological and Soil Engineering Investigation, Proposed Residential Development, Lot 366-3-2, Regnart Road, Cupertino, California", as amended. 21. The developer shall agree to participate in an improvement district to install street improvements on public roadways within the Regnart Canyon area as defined by the General Plan. The City shall relieve the developer of the above requirement if and only if the assessment district is not formed (within five years) at which time the developer shall install on his own the required improvements as outlined in the condition of approval. 22. The approval is for four (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. 23. 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 PM and 7:00 AM of the following day. The above require- ment is waived if the construction activity is of a nature that requires continuous operation such as the connection of utility systems of the placement of concrete into a single form. The requirement is addi- ® tionally 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. 24. The applicant shall incorporate measures to control dust during construction. The dust control measures shall be approved and inspected by the City staff and shall be initiated in conjunction with grading operations for road work and building sites. The above regulation does not apply to existing lots of record. 25. That the driveway access to Site No. 2 shall be approved by the Central Fire District. -------------------------- -4- 25-TM-77 Planning Commission No. 1809 (continued) PASSED AND ADOPTED this 13th day of February, 1978., at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following :roll call vote: AYES: Commissioners Adams, Blaine, Gatto, Chairman Koenitzer NOES: None ABSTAIN: Commissioner Markkula ABSENT: None APPROVED: ' /s/ R. D. Koenitzer • R. D. Koenitzer, Chairman Planning Commission ATTEST: • 1111) ILL.41-1:01.1)ER Robert Cowan Assistant Planning Director • 111 -5-