Reso 41734- M 89
CITY OF CUPER.TINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4173
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE PARCEL PAP To
SUBDIVIDE ONE PARCEL INTO TWO PARCELS WITH
Ld± SIZES OF 7,500 SQ. F. AND 13,000 SQ. FT.
SECTION Io FINDINGS
WBEREAS, 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 Co mnission has held at least one Public Hearing in regard to the
application, and
WHEREAS g the; Planning Commission finds that the application meets the
following requirements°
A) That the proposed parcel mapis consistent with the City of
Cupertino General Plan and any applicable Specific Plano
B) That the design or improvement of the proposed parcels 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 parcels.
D) That the design of the parcels or the proposed improvements are
not I likely to cause substantial environmental damage nor
substantially and avoidably' injure fish and wildlife or their
habitat.
E) That th6 design of the parcels 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,:vi.cinity of the subdivision.
F) That the design of the parcels and the associated improvements
will not conflict with easements acquired by the public at lame
for access through or use of'prcperty within the proposed. parcels.
RES0113TION NO. 4173 (4-TM-89) 6/12/89
0
PAGE o 2 e
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
Parcel Mai° is :hereby approved, subject to the conditions enumerated in
this Resolution beginning on Page 2 thereof; and
BE IT FIJRZTIER RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing Record
concerning Application 4--IIM-88, as. set forth in the minutes of the
Planning Commission Meeting of June 12, >1989, and are incorporated by
reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s) 4-TM-89
Applicant: Barbara Collet/
Property Owner: Enrique Alvarez;
Location: South side of McClellan Road, 300 fto west
of Kim Street
SECTION III: CONDITIONS AM=STERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET WIDENING
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 GUTTER INIl�ROVEMENTS
Curbs ark .gutters,, sidewalks and related structures shall be installed
in accordance with grades and standards" as specified by the City
Engineer.*
3o STREET LIGHTING 2NSTAI,TION
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,:_, an& 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.
5o TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the
City.
RESOMTION NO. 47.73 (4-M-89) 6/12/89
b
PAGE e 3 e
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.
7. GRADING
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 may be allowed in the R.la R-2
and R-3 zones unless stonm drain facilities are deemed 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.
9. UNDERGROUND UTILITIES
The developer shall comply with the requirements. of the Underground
Utilities Ordinance No. 331 and other related Ordinances and
regulations,l � of • - , the City of Cupertino,, and shall coordinate with
affected -utility providers for installation of underground utility
devices. The 7'developer shall submit detailed plans showing utility'
underground .;provisions:. Said plans shall be Subject to prior approval
oft he affected Utility provider and the city Engineer.
The projeat 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 undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Electrical transformers® telephone vaults and similar above ground
equipment enclosures shall be screened with fencing and landscaping or
located underground such that said equipment is not visible from
public street areas.
SECTION IV: CONDITIONS AD2INISTERED BY THE PLANNING DEPART=
12, APPROVED OBITS
The recomendation of approval is based on the attached Tentative Map
diagram dated 6/03/89a except as may be amended by the Conditions
contained in this Resolution.
a
RESOLUTION NO. 4173 (4-FIM! 89) 6/12/89
v PAGE " 4 0
13. ZONING
The applicant shall obtain approval to rezone the subject property to
R1-7o5 (Single-family Residential, 7,500 sq. fta minimum lot size)
prior .to recordation of the parcel map. If such approval is denied,
this parcel map approval is null and void.
14. TREE PROTECTION
The applicant shall provide a plan for preservation of the 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 include a written report from a consulting arborist or
landscape ' architect. , whose selection shall be ` approved by the
Department of ' sty Development prior to preparation of the
report. v Said report shall detail measures to be taken to ensure the
survival of said specimens during construction. Said trees may -be
removed upon issuance of a demolition permit, or upon sale of either
lot.
15. DEMOLITION
Existing structures on Parcel E shall be removed prior to or
concurrently with project construction. The developer shall ,assume
the responsibility to obtain all required demolition permits in
accordance with City Ordinances.
PASSED AND ADOPTED this, 12th day of June, 1989, at a regular meeting of
the Planning 6munission of the City of Cupertino, State of California, by
the following roll call vote:
AYES:COMMISSIONERS: Claudy, Mackenzie,, Szabo and Sorensen
NOES: SSIOI .S o
ABSTAIN:COMMISSIONERS:
ABSENT. COMMISSIONERS: Chairman Adams
ATTEST. APPROVED:
/sl Robert Cowan /sl John Claudy
Robert Se Cowan John Claudy, Vice airman
Director of Cmmmnity Development Cupertino Planning Commission
peresos\res4tm89