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Reso 2686 • 14-TM-85 RESOLUTION NO.. 2606 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A SUBDIVISION MAP TO 110 SUBDIVIDE APPROXIMATELY 3.5 ACRES INTO 12 PARCELS RANGING IN SIZE FROM APPROXIMATELY 6,600 SQ. FT. TO 12,000 SQ. FT. APPLICANT: John Vidovich (Marshall Mok) ADDRESS: 1307 South Mary Avenue, Sunnyvale, California 94087 SUBMITTED: July 31 , 1985 LOCATION: Approximately 50 ft. to 250 ft. north of Orogrande Place and extends along Regnart Creek from the terminus of November Drive to the Highway 85 Right of Way FINDINGS AND SUBCONCLUSIONS: Approval is subject to the findings as set forth on Page 1 and the subconclusions as set forth in the minutes of the Planning Commission meeting of September 9, 1985. CONDITIONS: 1-15. STANDARD CONDITIONS ' Standard Conditions to the extent that they do not • conflict with the special conditions enumerated herein. In the event a conflict does exist, the special. conditions as enumerated herein shall apply. 16. APPROVED E EXHIBIT5 That the recommendation of approval is based on Exhibit A of Application 14-TM-85 except as may be amended by special conditions enumerated herein. 17. TREES Any specimen trees of greater than 12 inches in diameter as specified in the City 's Tree Ordinance shall be retained unless they unreasonably restrict the use of any lot or are located within the , planned street pavement areas. Said trees may be removed if found to be diseased as provided for in the Tree Ordinance. -1- 9, g CITY OF CUPERTINO 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 h as 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 g d 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 pro- posed subdivision. Planning Commission Resolution No. 2686 (cont 'd) 14-TM-85 18. CASH DEPOSIT 410 The applicant shall contribute a cash deposit toward construction of Festival Drive frontage road, bridging or construction of a culvert over Regnart Creek and extension of Festival Drive to Orogrande Place. This obligation shall be in conjunction with obligation (s) imposed on adjoining tracts. The amount of the cash deposit shall be based upon the applicant 's proportionate share of acreage, of developable land in the area including the applicant 's site, and the two adjoining parcels to the north and west as determined by the City Engineer. The cash deposit shall be paid in twelve months or upon close of escrow on each house whichever is first. 19. FESTIVAL DRIVE CUL-DE-SAC . The applicant shall construct a cul-de-sac to ensure no through access from Festival drive to September drive and to provide adequate fire turn-around to service Lots One, Two, Three and Four. The cul-de-sac shall be located at the northerly terminus of Festival Drive (at Lot One) . The size and shape of the cul-de-sac may be reduced at the discretion of staff. 20. R1 ORDINANCE REQUIREMENTS • All lots shall provide a minimum 6,000 sq. ft. of lot area and 60 ft. lot width measured at the front building setback line. 21. MODIFICATION OF APPROVED DEVELOPMENT PLAN In the event that the applicant or subsequent property owner shall desire to make any minor changes, alteration or amendment in the approved development plan or building permit, a written request or revised development or building permit shall be submitted to the Director of Planning and Development. If the Director makes a finding that the changes are minor and do not affect the general appearance of the area, the Director may certify the change on the revised plan. If such approval is withheld, the applicant may appeal to the Planning Commission. If the changes are material ,, the Director shall . submit the change to the Planning Commission for approval . If the change is denied by the Planning Commission, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If the change is approved, an appeal may be made by an interested party. Further, any member of the City Council may request a hearing before the City Council , said request to be made within ten (10) days from the date of approval - when the 111 change has been approved by the Planning Commission. • Planning Commission Resolution No. (cont "d) 14-TM-85 22. STORM DRAINAGE EASEMENTS IIP The applicant shall record storm drainage easements over Parcels Five, Six , Seven and Eight and ensure provision of off-site storm drainage easements from the end of the Festival Drive cul-de-sac at Lot One to the existing storm drainage connection at the southerly terminus of the existing Festival Drive. 23. DEMOLITION REQUIREMENT All existing structures on the site shall be removed prior to the issuance of building permits. The applicant shall assume the responsibility to obtain all required demolition permits in accordance with City Ordinances. 24. GRADING Building pad heights shall not exceed the pad heights illustrated on Exhibit A by more than 2 ft. unless approved by the City Engineer and Planning Director. 25. FLOOD CONTROL CHANNEL . The applicant shall be fully responsible for any flood control channel dedications and improvements required by the Santa Clara Valley Water District in conjunction with 111 the subdivision subject to the review and approval of the City Engineer. The improvements shall include the construction of a fence of a design approved by the City Staff. 26. Lots , 3 and 4 may be combined to permit the applicant to retain the existing dwelling. The existing dwelling shall comply with zoning setback requirements. PASSED AND ADOPTED this 9th day of September, 1985, 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, Mackenzie and Vice-Chairman Szabo NAYS: Commissioner Sorensen ABSTAIN: None ABSENT: Chairman Claudy ATTEST: APPROVED: • /s/ Robert Cowan /s/ Nicholas Szabo Robert Cowan Nicholas Szabo, Vice-Chairman 411 Planning Director Planning Commission -3-