Reso 41788mTM 89
C I_„T Y O F CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4178
OF THE '-PIANNING COYMISSION OF THE CITY OF CUPERI'INO
APPROv7ING"THE SUBDIVISION OF 1 PARCEL INTO 2 LOTS
SECTIONI: 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
WHEPJ.M, 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 mapis 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 Plana
c) That the site is physically suitable for the type and intensity of
development contemplated under the approved subdvisono
d) That the design of the subdivision or the ro sed.° p po improvements
are not likely, are not likely to cause substantial environmental
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 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 enumerated
in this Resolution beginning on Page 2 thereof; and
RESOIJJTION NO. 4178 (8-TM 89) 06/26/89
PAGE e 2 e
BE IT FURTBER 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 8-Tm-8'9, 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:
Application:
Property Owner:
Location:
Parcel Area:
8-TMm89
39 Acres
SECTION III: CONDITIONS An=STEREDBY THE PUBLIC WORKS DEPARTMENT
to STREET WIDENING
Street widening, improvements and dedications shall be provide in
accordance,;witl-li, City Standards and specifications and as requires by
the City Engineer:
2. CURB. AND GCl'irER' Il`�PROVEMENZ'S
Curbs and gutters.,'.sidewalks and related structures shall be installed,
in accordance with grades and standards as specified by the City
Engineer:
3. STREET LIGHTING 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.
4. FIRE SAFETY
Fire hydrants shall be locates as required by the .City. New
construction on Parcel Two shall include an approved residential fire
sprinkler system.
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A
RESOLUTION NO. 4178 (8®TM-89) 06/26/89
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.
6.
GRADING
Grading shall be as approved and required by the City Engineer in
accordance with ordinance 125. Pad height on each new lot shall be as
restricted to within 18 inches of the pad height of as low as
technically possible compared to the pad height;- of the lowest
adjoining residential lot.
7.
DRAINAGE
Drainage shall be provide to the satisfaction of the City Engineer.
8.
UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground
Utilities Ordinance No. 331 and other relatedOrdinances and
regulation of the`"°City of Cupertino,, and shall coordinate with
affected utility ipr'oviders for installation of underground utility
4
F
devices. The, de�reloper shall submit detailed plans showing utility
underground ,Lproz i nso. Said plans shall be subject to prior approval
of the affected. Utility provider and the City Engineer°
9.
DEVELOPMENNT , AG1031ENT
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 undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
10.
TRANSFORMERS
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 ADMINISTERED BY TBE COMMUNITY DEVELOPMENT DEPT.
110
APPROVED EXHIBITS
The approval is based on the Tentative Map diagram of April, 1989 of
Application 8=TM-89, except as may be amended by the Conditions
contained in this Resolution.
RESOIDTION NO. 4178 (8-IM 89) 06/26/89
PAGE 4 0
The existing dwelling on Parcel One garage and shed on Parcel Two
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.
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 unit.
13 o TREE PROTECTION
The subclivider .shall provide a plan for preservation of the trees on
Parcel On&I..;prior to. issuance of building permits for new construction
or demolition .,on..;any portion of Parcel Two. Said plan shall include
graphic depiction rof protective fencing to be installed around the
dripline of each7 tree, to be retained through all phases of
construction.
Retention of any tree after resale of Lot One will be subject to the
future buyers 'discretion, or to the discretion of the subdivider/
builder if she initiates construction on Lot One prior to resale.
14. PRIMATE DRIVEWAY COVENANT
The owner shall record an appropriate deed restriction and covenant
running with the land for all parcels which share a common driveway or
private roadway with one or more other parcels as depicted on the
approved subdivision map. Said deed restriction shall provide for
necessary reciprocal ingress/egress easements to and from the affected
parcels, and for the shared obligation of maintenance costs. Said
easements shall be recorded at such time as interest in one or more of
the affected parcels is initially sold or transferred to another
Ply
15. ABANDONED WATER WELLS
The property owner shall seal abandoned or unused water wells if the
City, after consultation with the Santa Clara Valley Water District
determines that said abandoned or unused water wells have a potential
to contaminate the water supply.
16. SEISMIC AND_GEOLOGIC BAZARDs
The subdivider. shall conform with recommended construction, grading
and drI ge.., recommedations specified in the .geotechnical
investigatFon rahich, shall be performed subsequent to the preliminary
report of Narchii Z j 1989 by Hallenbeck &Associates.
The final map shall contain a note indicating that the geologic report
has been prepared and a covenant shall be'recorded informing future
buyers of the, site or sites that, said geologic report has been
prepared and that a copy thereof is available for public inspection at
the Department of Planning and; Development.
RESOLUTION NO. 4178 (8--TM 89) 06/26/89
PAGE e 5 e
17° ZONING ACTION
The tentative map approval is contingent upon the approval of R1-7
zoning for the subject parcel.
PASSED AND OPTED this 26th day of June, 1989 at a Regular Meeting of
the Plami.ng Commission of the Cit of Cupertino, State of California, by
the followin g, roll call vote ° °
AYES: COWESSIONERSo Claudy, Mackenzie, Szabo, Chairman Adams
NOES. COMNCSSIONERS o None
ABSTAIN: CONKESSIONERSo None
ABSENT. COMMISSIONERS: Sorensen
°
ATTEST°
APPROVED°
/s/ Robert Cowan /s/ Victor Adams
Robert Cowan Victor Adams, Chairman
Director of Cam. Develop. Cupertino Planning Commission
peresos\rso8tm89