Reso 4035Ie
1-TM 88
CITY OF C U P E R T I N O.
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4035
OF TEE PLANNING COMMISSION OF THE CITY OF CEO
APPROVING THE SUBDIVISION OF 1 LOT INTO 2 LOTS
SECITON I° FINDINGS
WHEPEAS, the _ Planning Commission of the City of Cupertino received an
application for a Tentative Subdivision Map, as described on Page 2 of
this Resolution; and
WHEMAS,, the necessary public notices have been given as required by the
subdivision and Procedural: Ordinances of the City,. of -Cupertino, and the
Planning fission has held at least one Public Hearing in regard.to the
application; and
WM=M, the Planning Commission finds that the -application meets the
following requirementso
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: Plana...
o) .That the site is physically suitable for.the typeand intensity -...Of
development contemplated under the approved subdivisions
d) That the design of the subdivision or the proposed: -Improvements: are
not likely to cause substantial environmental damage nor
substantially and avoidably injure fish and wildlife or -their,
habitato
e) Mat the design of the subdivision or the type of improvements
associated therewith are not detrimental to the health, safety,
peace, 'Mral..s and general welfare of persons residing or working in
the vicinity of the subdivision.
f) Ttat the design of the subdivision and its associated improvements_
will not conflict with easements acquired by the public at lame for
access through or use of property within the proposed subdivision.
NOWT THEREFORE, 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 approved, subject to_the;;conditicns enumerated
in this Resolution beginning on Page 2 thereof; and
RESOLUTION NO. 4035 2/8/88
PAGE ® 2 e
BE IT FUIZ= RESOLVED.
That the subconclusions upon which the findings and:=:conditions specified_
in this Resolution are based are contained in the, Public Hearing Record
concerning Application 1-TM! 88 o as set forth in .. the Minutes of the
Planning Conmission Meeting of February 8, , 1988. -
SECTION II: PROJECT DATA
Application No(s) 1-TTA-88
Applicant: Relly.Gordon
Property Owner: Geode Damian'.
Location: Northeast corner of Prospect Road and James
Toga Drive
SECTION III EDITIONS A�HJT�TIS Ei3 BY THE PIJBLSC. WORKS. DEP
1. STRUT WMENTING
Street w deningi auprovemento and <dedications shall be provided in
accordance with. City Stands and specifications and as required by
the City Engineer.
2. CUB AND GC7= IFL4MI'S
4. FIRE HYDRANT
Fire hY&-ants shall be located: as required by the City:
5. SrR= 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 1250
6. GRADING
RESOLUTION NO. 4035 (lam! 88) 2/8/88
PAGE ® 3 e
N n r�
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 deemed necessary by
the City Engineer. Development in all other zoning districts shall be
serve 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°
e developer small 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 underground utility
devices. The developer shall submit detailed plans showing utility
underground provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City Engineer.
9. DEV=PMENT Ate'
'Ihe 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
agre�nt shall be executed prior to issuance; of censtucton permits,
10. TRANSFORqERS
Electrical transformers, telephone vaults and similar' -above
equipment enclosures shall be screened with fencing and'. landscaping
or located underground such that said equipment is not visiblefrompublic street areas.
SECM IV: CONDITIONS AU=STEEM BY TBE PLANNING DEPART=
11. APPRDVM EDITS
°l�r. ae reendation of approval_ is based on Exhibit A of Application
188, except as may be amended by the Conditions contained in this
Resolution
32. DEMOi,ITION REOUIlMV=S
All existing structures will be demolished prior to recordatioiY of the
final map. The developer shall assume the responsibility. to obtain
all required demolition permits in accordance with City Ordinances.
RESOLUTION NO. 4035 (1�TM 88)
PAGE e 4 e
13. TREE PROTECTION
am
The 12 inch Magnolia tree may be removed at the subdivider°s
descretion but shall be replaced with another 24 inch box tree of a
similar species to be located within the front setback area. The 24
inch Magnolia tree on lot 1 shall be retained. The applicant shall
provide a plan for preservation of this existing specimen tree prior
to issuance of building permits. Said plan shall include graphic
depiction of protection devices to be installed along the dripline
perimeter of the tree for the duration of construction activities.
This plan shall include a written report from a consulting arborist or
landscape architect® whose solution shall be approved by the
Department of Planning and Development prior to preparation of the
report. Said report shall detail measures to be taken to ensure the
survival of said specimen during and after construction. Retention of
any trees after sale of these lots will be subject to future buyers
discretion.
PASSED AND ADOPTED this 8th day of February 1988 at a Regular Meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES:
COMMISSIONERS:
NAYS:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Adams, Claudy, Mackenzie, Szabo
Chairperson Sorensen
ATTEST: APPROVED:
Robert Cowan l �Auralee Sorensen, Chairperson
Director of Planning Cupertino Planning Commission
RESlTM88(MISTIN)