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Reso 4161IM 6 39 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 Resolution No. 4161 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING TENTATIVE MAP TO SUBDIVIDE 1 PARCEL, INTO 4 PARCELS FnTMH LOT SIZES RANGING FROM 12,497 SQ. FT. TO 21,093 SQ. FT. 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 WHEREAS, the, necessary public notices have been given as required by the subdivision and Procedural Ordinances of the City of Cupertino., and the Planning COMnission has held at least one Public Hearing in regard to the application; ° -and WHEREAS, the Planning Camiission firms that the application rests 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 improvt of the proposed subdivision is consistent with the General Plan and any applicable Specific Planet 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 proposed improvements are not likely to cause substantial environmental. damage nor substantially and avoidably injure fish and wildlife or their habitat. a) That .the design of the subdivision or the type of improvements associated therewith are not detrimental to the health, safety, peacea morals and general welfare of persons residing or working in the vicinity of the subdivisions 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, THE MMRE ® BE IT RESOLVED: That upon c" ful consideration of maps, exhibits, facts® testimony and other evidence submitted In this matter, the application for Tentative Subdivision Map is hereby recededfor e approval, subject to the conditions- enumerated in this Resolution beg' on Page 2 thereof; and Resolution No. 4161 (6 89) 05/22/89 Page -2- That the subconclusions upon which the findings and conditions specified in this. Resolution are based are contained in the Public Hearing Record concerning Application 6-IM-89a as set forth in the Minutes of the Planning �mnission Meeting of May 22, 1989, and are incorporated by reference as though fully set forth herein. 1 -• Application No: Application., Property Owner: Iocation: Parcel Area: 107 Acres III. CONDITIONS AD=STERED BY THE PUBYSC WORES DEPARTMENT 1. STREET WIDENING Street widening, improvaTents and dedications shall be provided in accordance with City staffs and specifications and as required by the City Engineer. 2. CURB AND Curbs and gutters® sidewalks and related structures shall be installed in accordance with grades and standards, as specified by the City &gineero 3. STREIi,T I,iGI=G INSTATZ-ATION 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 p i es ® and shall be no higher than the maximum height it l by the zone in which the site is located. 4. FIRE HT Fire hydrants shall be located as required by the City. 5. T.RA=C SIGNS Traffic control signs shall be placed at locations specified by the City. 6. STREET TREES Street trees shall beplanted within the Public Right of Way and shall be of a type approved by e ' city i r� a�ordance with Ord.iraance, ] 25 0 Resolution No. 4161 (6 89) 05/22/89 m` Page -3- The final grading plan shall be subject to approval by the City Engineer in accordance with all applicable Ordinanceso Pad Grade,, driveway location and alignment, and the extent of cut and fill slopes on Lot A of the subdivision shall conform substantially to their depiction. on Exhibit A. Substantial deviation therefrorn® as determined by staff® shall require review by the Planning Commission. 8. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 9. UNDERMOM UTILITIES The developer shall carply 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 utility devices. The developer shall submit detailed plans showing utility underground previsions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 10. DEVE PMENT AMEFMENI° The project developer Shaul enter into a develont agreement with the City of Cupertino providing for payment of fees® includingbut not limited to checking and inspection fees® storm drain fees® park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 11. TRANSFORMERS Electrical transformers, telephone vaults and sim-jar above ground equient enclosures shall be screens with fencing` arm]. la�scapi.ng' or locates':. erground such that said equipment is not visible from public street areas. 12. DEDICATION OF WATER IMqF s The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water Works for water service to the subject development. IV. CONDITIONS AMMISTERED BY THE PANNING DEPART 13 APFROVED EXHIBITS The recamnendation of approval is based on wit A°s modified Application 6 89a assuming that the City Council approves the abandorment of right of way depicted in said exhibit. If Council does not abandon said right of way, exhibit A original is approVed. Said exhibit may be amended by the conditions contained in this resolution. a R,esolution No. 4161 (6 89) 05/22/89 Page e4e 14. TREE RETE1MON The subdivider shall retain trees in accordance with the preservation specifications appearing in the report from Corporate and Co wzcial Services, as contained in City File 6-JIM-89a The following trees referenced in said report shall be further protected in the mmer disbanded below. as 'free 5. The driveway and 00V' ditch on lot 4.shall be shifted in a westerly direction to avoid the root structure of tree #5a b. Tree 3. The Public Works Department shall make every effort to retain the specimen olive tree. The street paverient structure may be modified to achieve this end. co Tree 10. The Director of amity Development shall ensure the Protection of subject tree if 00Plan A modified°° is recorded. If '"Plan A original00 is recorded', the Director shall make ere effort to save the tree. Replant trees for those being removed shall be replaced by a mi.rahm n of 1-2400 box tree of a native species® preferably a California Oak. location of the replacement tree shall be depicted on the final map and approved by the Ply Department prior to recordation. The applicant agrees to notify City prior to demolition and site clearance.. A tree protection plan shall be approved prior to demolition and clearance, 15. STREET NAME Street names for all public streets installed with the subdivision shall be provided in accordance with the historical street name policy. The name selection shall be subject to City Council approval concurrently with approval of the final map, 16. OFF-STREET PAi2MG The developer shall provide parking as required in Section 18.16.270 (D) of Ordinance 882. A registered landscape architect shall review grades plans and shall submit a plan to prevent soil erosion and visually screen extensive cut and fill areas. The intent of the visual screen is to soften grading scars. A 100% screening effect is not required. 19. SMP.E DENSITY CREDIT Slope density credit fran any specific lot or group of lots cannot be transferred. The applicant may adjust property lines, subject to City approval, if said action will not create additional dwellings. n Resolution No. 4161 (6 89) 05/22/89 Page -5- A covenant running with the land in favor of the City as approved by the City ,Attorney shall be recorded to ensure compliance with the regulations prohibiting transfer of slope density dwelling unit credit. 20. SOYA The applicant - shall install plumbing des to facilitate future installation of roof ate solar water heating devices. Installation of said devices is optional. 21. ZONING ACTION The tentative map approval is contingent upon the approval of RHS zoning for the subject parcel. PASSED AND SPIED this 22nd day : of May, 1989 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote. AYES: -COMMISSIONERS: Claudy, Mackenzie, Sorensen, Szabo, Adams (Chairperson) NOES, CCHNISSIONERS.o ABSTAIN:COMMISSIONERS: ABSENT: CCHMISSIONERSm ATTEST /s/ Robert Cowan Robert bran Director of Community Development 11 /s/ Victor Adams Vier Adams, Chairman Cupertino Pl Cam mission