Reso 4039CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4 0 3 9
OF I PLANNMG
Vie, I `I •' , OF 1 OF CUPERTINO
APPROVING E; n• SUBDIVIDING ONE PARCEL INTO FOUR PARCELS
SECTION Io FINDINGS
WHEREAS, 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
WE3EREAS, 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
'- applicationo and
WHFMEAS, the Planning Commission finds that the application meets the
following requirements:
a) That the proposed subdivision map is consistent with the City of
Cupertino General Plan and any applicable Specific Plano a
b) That the design or improvement of the proposed subdivision is
consistent with the General Plan and any applicable Specific Plano
c) That the site is physically suitable for the tripe and intensity of
development contemplated under the approved subdivision.
d) That the design of the subdivision or the proposed improvements are
not likely are not likely to cause substantial envi.rcrormiental. 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 arsons 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, THEREFORE, HE IT RESOLVED:
That upon careful consideration of reaps, exhibits, facts, testimony and
other evidence submitted in this matter, the application for Tentative
Subdivision Map is hereby recommended for approval, subject to, the
conditions enumerated in this Resolution beginning on Page 2 thereof; and
Resolution No. 4 0 3 9 (11-IM 88) 08/08/88
Page ®2-
I _ 00 tV 12M. • • ate
That the subconclusions upon which the findings and conditions specified
in this Resolution are base are contained in the Public Hearing Record
concerning Application 11-M 88, as set forth in the Minutes of the
Planning Ccamnission Meeting of August 8, 1988 and are incorporated by
reference as though fully set forth herein.
II. PROJECT DATA
Application No(s) 11--TM-88 and 31®EA-88
Applicant: James Co Chen & Associates Inca
Property Owner: Eugene C.L. Lai
Location: West side of Miller Ave. approximately 200 ft.
north of Atheraood Avenue
+�' s a e 0 &11 ai• N -01 UNW, % JIJ ;J 0 to a I ;O - ,.
1. STR:&'ET WID=G
Street widening, improvements and dedications shall be provided in
accordance with City standards and specifications and as required by
the City Engineer.
2. CURB AND GUTII±R IMPPDVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. STRUT LIGFi'TING INSTAL T=0N
Street lighting shall be installed and shall be as approved by the City
Engineer. Lighting fixtures shall be positioned so tas to preclude
glare and other forms of visual interference to adjoining pries,
and shall be no higher than the maximum height permitted by the zone in
which the site is located.
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.
Resolution No a. 4 0 3 9 (11-Tit-88) 08/08/88
Page -3-
Grading shall be as approved and required by the City Engineer in
accordance with ordinance 125.
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Surface flow across public sidewalks nay be allowed in the R-1, R-2
and R--3 zones unless storm drain facilities are deed 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 satisfactionof the City
Engineer.
9. UNDERGROUND UTILITIES
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 underground utility
devices. The developer shall submit detailed plans ,showing utility
underground provisions. Said plans shall be subject to prior approval d
of the affected Utility provider and the City Engineer.
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 fps, park
dedication fees and fees for undergroun Lng of utilities. Said
agreement shall be executed prior to issuance of construction permits.
11. TRANSFORMERS
Electrical transformers, telephone vaults and similar afire
equipment enclosures shall be screened with . fencing and landscaping
or located underground such that said equipment is not visible from
public street areas.
IV. CONDITIONS ADMMISTERED BY THE PLANNING DEPARTMENT
12. APPROVED EXHIBITS
The recoYmnendation of approval is based on Exhibit A, except as may be
amended by the Conditions contained in this Resolution.
Resolution No. 4039 (11.--TM®88) 08/08/88
Page -4-
The applicant shall provide a plan for preservation of the existing
specimen trees on the subject prcperty. Said plan shall include
graphic depiction of protection devices to be installed along the
dripline perimeter of each tree for the duration of construction
activities. The plan shall include a written report from a consulting
arborist or landscape architect, whose selection shall be approved by
the Department of Planning and Develo nt prior, to preparation of the
report. Said report shall detail measures to be taken to ensure the
survival of said specimens during and after construction®
If the. tree consultants finds that a tree cannot be saved,, the
Planning Director shall have the authority to approve it's removal.
Said tree shall be replaced by two, 36 inch box specimen trees. The
replacement trees shall be installed in a publically visible location.
Subsequent purchasers of individual lots within this subdivision shall
have the discretion to retain or remove the existing trees.
All existing structures on the site shall be raved prior to or
concurrently with project construction. The developer shall assume
the responsibility to obtain all required demolition permits in a
accordance with City Ordinances.
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.
The approval of this map is contingent upon approval of a'zone change
to an R.1-6 designation. If the zone change is not granted, this
approval shall be null and void.
PASSED AND ADOPTED this 8th day of August, 1988 at a Regular.Meeting of
the Planning Ccamission of the City of Cupertino by the following roll
call vote.
AYES: COMMISSIONERS:
NAYS.,COMMISSIONERS:
ABSTAIN., SSIONERS:
ABSENT: SSIONERSa
ATTEST o APPROVED.
Isl Robert Cowan Isl Laugralee Sorensen
Robert Cowan %auralee Sorensen, Chairwcman
_Director of Planning Cupertino Planning C=mission
RSO11TM88 (P10)