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Reso 4106CITY OF O • 00 Torre Avenue Cupertino,, California 95014 RESOMTIOM OF TBE PLANNING COMSSTW: OF CITY: OF, CLTERTINO APPROVING, A TENTATIVE MAP I TO SUBDIVIDE A ONE ACRE PARCELnmOUR LOTS SECTION I s FINDINGS WAS p the Planning CoTCmisslon of the City of Cupertino received an application for a' Tentative Subdivision Map, as described on Page 2 of this Resolution, and Tn1�5 p the necessary public notices have been given as required by the subdivision and Procedural Ordinances of the City of oipertino,, and the Planning Coxmnission has held at least one Public Hearing in regard to the application; and %MMASp "the Planning Camuission 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 Piano 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, Iapproved subdivision. d) That the design of the subdivision or, the proposed improvements are not likely are not likely to cause substantial envirorMental 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 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 atlarge large for access through or use of property "within the proposed subdivision. NOW,, TBEREFORE., BE IT RESOL`IED o. . That upon careful: consideration of maps, e.-diabits, facts,, testimony;and other evidence submitted in this matter,, the application for Tentative Subdivision Map its hereby approved subject to the conditions enumerated in this ROsolution beg; nna ng on Page 2thereof o and 1. Resolution No. 4106 (12 88) 9/12/88 Page -2- Teat the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearer Record concerning Application 12 S8, as set forth in the Minutes of the Planning Cmmaission Meeting of August 8, 1988 and are incorporated by reference as hough fully set forth herein. Application No 12 -88 and 33-EA-88 Applicant° Robert Leong Property Omer.- Taneo Hirano Location. West side of`Stelling Road, 500 ft. southerly of Parcel Area (Acres) 0 1.0 gross SECTION III a C OND=ONS AU=STERED BY THE PUBLIC WORES DEP 10 STREET WIDENING Street wide, improvements dedications shall be provided in accordancewith City Staxidards and specifications and as mired by the` City Engineer. Add tional'street right-of-way dedication or slope easement area may be necessary after review of the final profile of the Stellg Load overpass. 2. CURB AND GUTTER Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades ',,and standards as specified by the City Engineer. 3. STREET LIGHT G INSTALLATION Street lighting i ng shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other fort of visual interference to adjoining properties® and shall be no higher than the maxim= height permitted by the zone in which the site is located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City. 50 SIC SIGNS Traffic control sign shall be placed at locations specified by the city. b Resolution No. 4106 (12='IMi 88) 9/12/88 Page -3- 6 o 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 Four to five street trees or shrubs, shall be provided along the north side of the future cul-de-sac of a variety I acceptable to the Public Works Department. The applicant shall provide an irrigation system from Trot 1 and record a covenant obligating Tot 1 to maintain street trees. The planted area on the north side of the street shall be a minimum of 3 feet in width. Grading shall be as approved and required by the City Engineer in accordance with ordinance 1250 Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across publicsidewalks may be allowed in the R-1® R 2 and: R 3 zones unless storm drain facilities are deemed necessary by the City Engineer. Develo�nnent in all other zoning districts shall be served 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, 9. UNDERGIROM UT' 12MES 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 hall submit detailed plans shores utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 10. IMPROVEMENT AGREEMENT The project developer shall enter into an npravement 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 undroundng of utilities. Said agreement shall be executed prior to issuance of construction permits? 11. TRANSFOR44ERS , Electrical transform® telephone vaults and si�.lar above ground e�moment enclosures shall be.screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas, Resolution No. 4106 (12-'! 88) 9/12/88 Page -4- 12o DEDICATION OF WATER MIES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with the appropriate water cmpany for water service to the subject developwnt o 13. CEDE -SAC STREET DESIGN The applicant shall adjust the alit of the cul-de-sac to meet the minuam requirements for a frontage road and provide parking along the entirety of one side of the street. This align mt should be provide at least 32 fto of dimension from curb to curb and will require the elimination of the 24 inch pine tree located near the corner of the new street and Stelling Read. The cul-de-sac shall be shifted in,.a southerly direction to provide a mini= 3 ft. planter area between the north property line and the curb to annodate the future gees or shrubs. Every attempt shall be made to retain the redwood trees located on the south side of the v� cul.�de=sac subject to the discretion of the public works director. e applicant shall replace th with 24 inch box ?rood trees located in a publicly visible area along the street C� frontage. 14. ACCESS TG STE=G ROAD The applicant shall provide for a s to Lot 3 from the future cul-de-sac ' and shall provide an ` ° s/mess eas y to Tot 4. No vehicles access sha11 be allocnre� y fry mots 3 or 4 to Stelling Road unless it is determined foar the Director of Public Works that said access can be provided in, a safe per after reviewing the final profile for the Steiling Road overpass. If access is determined to be unsafe, the applicant shall record: a covenant informing future lot purchasers ;of the restriction on Trot 2a 3 and 4 subjecttothe review and approval of the City Attorney. 15. STE=G ROAD DETOUR The applicant shall agree to delay construction on Lots 3 and/or 4 for a period of up to 6 months after, recordation -of the final map to conclude negotiations with the Santa Clara County Traffic Authority to accamodate the temporary detouring of Stelling lid across the subject property. 16. ACOUSTICAL BARRIER The project developer shall post sufficient to6VOO-r` gEhe costs of installer a solid acoustical barrier at the southwest perimeter of the site adjacent to the future 85 freeway. Said acoustical barrier shall be a miali n of :8 ft. in height. shall be constructed in accordance with specifications approved by Deponent of Planning and < .`Develojmient to be consistent wi wall design planned for >the _future freeway. Installation of the sound wall shall correspond with construction of the other sours walls,,along' the freeway right-of-way. This obligation shall be waived if it is determined that sound wall costs will be borne by the Traffic Authority.