Reso 4149CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,, California 95014
RESOLUTION No. 4149
Nil 1 01 IA
SECITON I: FINDINGS
WHMEM, 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
WHE.RFM,, the necessary public notices have been given as required by the
subdivision and Procedural ordinances of the City of Cupertino,, and the
Planning COMImission has held at least one Public Hearing in regard to the
application; and
Tn1IEMAS, the Planning C mission 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
b) That the design or improVMMt of the proposed subdivision is
consistent with the General Plan and any applicable Specific Plan
c) That .the site is physically suitable for the type and intensity of
development contemplated under the approved subdivision.
d) That the design of the subdivision or the propose improvements
are not likely are not likely to cause substantial"b'nvironmental
damage nor substantially and avoidably injure fish and wildlife or
their habitats
e) That the design of the subdivision or the type of improvements
associated therewith are not detrimental to the health,, safety,,
peace,, gals 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.
• t .00:4WOMIJBI
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 conditions enumerated
in this Resolution beginning on Page 2 thereof® and
RESOL%JTION NO. 4149 (5 89) 4/10/89
PAGE e 2 e
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are bassi, are contained in the Public Hearing Record,
concerning Application 5 -89, as set forth in the Minutes of the
Planning Commission Meeting of April 10, 1989, and are incorporated by
reference as though fully set forth herein.
SECTION Ii: PROJECT DATA
Application No(s):
Applicant:
Property Owner:
Location:
Parcel (Acres) :
1. STREET WIDENING
5-TM-89
Northwest corner: Stelling Road and, Robi.ndell Way
052 cross
Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
s
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specific by the City
Engineer.
3. STREET LIGRTING INSTALLATION
Street ,lighting shall be installed and shall be as approved by the
City Engineer. Lighting fixtures shall be positioned 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.
Fire hydrants shall be located as required by the City.
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,
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RE,SOLRJ 0N NO. 4149 (5-IM! 89) 4/10/89
PAGE e3o
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125.
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 I2 3 zones unless storm drain facilities are dew necessary by
the City Engineer. Development 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.
The developer shall canply 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 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 undergroundieng of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Electrical transformers, telephone vaults and similar above ground
egLainneazt enclosures shall be screened with fencing and landscaping
or located underground such that said equipment is not visible from
public street areas..
PESO ION NO. 4149 (5 :89) 4/10/89
PAGE 4 e
SECTION IV. MNDITIONS ADMINISTIUM BY TEE COF94JNM Y DEVELOPMENT
DEPARTMENT
11. APPROVED EMBITS
The recommendation of approval is based on Exhibit labeled Tentative
Map prepared by Kirkeby land Associates. Inc. of Application 5 89.
except as may be amended by the Conditions contained in this
Resolutions
All existing structures on the site shall be removed prior to or
concurrently with the first sale of either lot created by the
subdivision. The developer shall assume the responsibility to obtain
all required, demolition permits in accordance with City ordinance.
13. TREE I CTION
The existing specimen trees shall be retained. The applicant shall
provide a plan for preservation of the trees prior to issuance of
building permits. Said plan shall include graphic depiction of
protective fencing to be, installed around the dripline of each tree®
to be retained through any'
all phases of construction. Retention of a
trees after sale of the lots will be subject to future buyers
discretion.
All non -conforming fences shall be removed ; prior to approval of a
demolition permit or sale of either lot.
PASSED AND' ADOPTED this loth day of April. 1989 at a Regular Meeting of
the Planning Commission of the City of Cupertino. State of California. by
the following moll call vote.-
AYES:COMMISSIONERS: Claudy,, Sorensen. Szabo. and Chairman Adams
NOES., SSIONERS: None
ABSTAIN: SSIONERS. None
ABSENT. SSIONERS. Mackenzie
ATTEST: APPROVED.
js/ Robert Cowan
Robert Cowan
Director of Comm. Develop.
RES5 M89 (C2/RESOS)
11
/s/ Victor Adams
Victor Adams,, Chairman
Cupertino Planning Commission