Reso 40422-JIM88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4042
OF THE PIANNING COMISSION OF THE CITY OF CUPERTINO
APPROVINGA TZqTA=7E MAP TO SUBDIVIDE 1 PARCEL INTO 3 PARCELS
WITH = SIZES RANGING FROM 6,400 SQ. FT. TO 10,000 SQ. FT.
SECTION I. 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 Resolutions and
WHEREAS, 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
application; and
WHEREAS, 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 Plana
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 type and intensity of
development contemplated under the approved subdivision,
d). That the 1. design of the subdivision or the proposed improvements are
not likely are not likely to cause substantial environmental damage
nor substantially and avoidably injure fish and wildlife or their
habitat.
e) Than 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 persons 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, 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 recommended for approval, subject to the
conditions enumerated in this Resolution binning on Page 2 thereof; and
RESO=ON NO. 4042 (2 88) 3/14/88
Page -2-
BE IT FURIHM RESOLVED.
That the subconclusaons upon which the findings and conditions specified
in this Resolution are base are contained in the Public Hearing Reco:t:d
concerning Application 2-M-88o as set forth in the Minutes of the
Planning` Commission Meeting of March 14, 1988, and are incorporate by
reference as though fully set forth herein.
SECTION ID DESCRIPTION OF PROJECT
Application No 2-%88.
Applicant-. JM Venture II
Property Owner: Same
Location.- Northeast. corner of Rainbow Drive and Manita
Court
Parcel Area
(Acres): 0.61 gross
SECTION III-. CONDITIONS Aav=STERED BY THE PUBLIC MRYS DEPART=
1. STREET WIDENING
Street widening,, improvements and dedications shall be provide in
accordance with City Standards and specifications and as require by
the City Engineer.
20 CURB AND.Gt= IMPROVEMENTS
Curbs and gutters, sidewalks and relate structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approve by the
City Engineer. Lighting fixtures shall be positions so as to
preclude glare and other .forms of visual interference to adjoining
properties: and shall be no higher than the maximum height permitted
by the zone in which the site is located.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIQVS
Traffic control signs shall be placed at locations specified by the
City-.
6. STP= 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
7o GRADING
Grading shall be as approve and required by the City Engineer in
accordance with Ordinance 125.
RESOLUTION NO. 4042 (2-JIMt 88) 3/14/88
Page -3-
Drainage shall be provided to the satisfaction of the City Engineer.
Surface flour across public sidewalks may be allowed in the R-io 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
seared 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.
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
of the affected Utility provider and the City Engineer.
The project developer Mall 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
agreement shall be execute prior.to issuance of construction permits.
SECTION IV: CONDITIONS AEF=STERED . BY THE plANNIlVG DEpApMY�=
11. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits A lest. Revision of
Application 2-M 88, except as may be amended by the Conditions
contained in this Resolution.
12. TREE PROTECTION
The applicant shall provide a plan for preservation of the. existing
specimen trees on the subject property. 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 implement the tree report prepare by
Corporate and Commissional Services, inco dated January 25, 1988,
except that the pine trees may be removed at the applicants
discretion.
The applicant shall work with the staff to determine if the curb can
be located on the south side of the two oak trees on Rainbow Drive
If the curb can be relocated, the applicant shall pay all expenses to
identify and implement measures to ensure their long term survival.