Reso 4177A
9-M 89
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
w.: RESOLUTION No. 4177
OF .THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING. THE SUBDIVISION OF 1 PARCEL INTO 2 LOTS
SECTION Ie 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; Nand
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 Plano
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 approve subdivision.
d) That}athe design of the subdivision or the proposed improvements
,� yr
are not likely are not likely to cause substantial environmental
damage;rror substantially and avoidably injure fish and wildlife or
their,,, o .
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 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 approved, subject to the conditions enumerate
i.n this Resolution beginning on'Page 2 thereof; and
RESOLUTION NO`b4 17 7 (9-TM-89) 06/26/89
PAGE 2 e
HE IT FUR'= PESOLVED a
That the subconclusions upon which the findings and conditions specified
in this Resolution.. are based are contained in the Public Hearing Record
concerning Application 9-1I'M-891 as set forth in the Minutes of the
Planning Commission. Meeting of June 26, 1989, and are incorporated by
reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s) : 9-TM-89
Applicant: Wayne Leyenfeld
Property Owner: Lyle Hight
Location: North side of, Rainbow Drive between Ciarson Lane
Parcel Acres:
SECTION III: CONDITIONS AISTERED BY THE PUBLIC WORKS DEPARTMENT
to STREET WIDENING
Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
The owner shall dedicate an additional 71 wide area along the entire
southerly:= edge of the site to match the 300 wide roadway dedication
provided oncthe adjacent subdivision to the east.
2. CURB AND `G"{Jn'El2 ,imP bynvjEN'TS
Curbs and gutters, sidewalks and related structures shall be installed.
in accordance witYi, grades and standards as specified by the City
Engineer:
3. STREET LIGHTING INSTALLATION
i.
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.
40
FIRE SAFETY
Fire hydrants
construction on
sprinkler systems
shall be located as required by the City. New
Parcel Two shall include an approved residential fire
1
RESOZJJTION NO. 4177 (9- M-89) 06/26/89
p PAGE - 3
5. 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.
�r
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125. Pad height on each new lot shall be
restricted to within 18 inches of the pad height of the lowest
adjoining residential lot.
7. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
8. UNDII2GROUND UTILITIES
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.,; utilityproviders 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.
9. DEVELOPMENT'
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 under rounding of utilities. Said
agreement shall -be executed prior to issuance of construction permits.
10. TRANSFOMAERS
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 ADIV=STERED BY THE COMvRMTY DEVETIJPMENT DEPT,
11. APPROVED EXHIBITS
The approval is based on the Tentative Map diagram of 'April 1989 of
Application 9=TMm89,r except as may be amended by the Conditions
contained in this Resolution.
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RESOLUTION NO. 4177 (9=TM-89) 06/26/89
4 PAGE e 4 e
12. DEMOLTTION REQUIRIl�III�I'
The existing dwelling on Parcel One shall be removed or relocated
consistent with current setback requirements 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.
A Use Permit application must be filed upon request for a building
permit on Parcel Two if the owner thereof wishes to retain the
existing second unite
13. TREE PROTECTION
The subdivider shall provide a plan for preservation of the 2401 oak
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- all phases of
construction:'
The plan shall be prepared by an aborist and shall be approved by the
City. I
Retention of any tree after sale of the lots will be subject to
the future buyer:°s discretion:
14. SETB C FENCING PARCEL ONE
setbacks and fencing provisions for Parcel One shall be based on the
front property .line established by the added 7 ft. dedication
described in Condition l of this Resolutiono
PASSED AND ADOPTED this 26th day of June, 1989 at a Regular Meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: Comm issio TERS: Claudy, Mackenzie, Szabo, Chairman Adams
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Sorensen
ATTEST:
s/ Robert'Cowan
/s/ Victor Adams
Victor Adams, Chairman
Cupertino Planning Commission