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Reso 4210e 14-JIM 89 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESoIMON No. 4210 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE PAP TO .SUBDIVIDE A SINGLE PARCEL D1T0 TWO LOTS OF 7,770 + SQ. FT. EACH SEC1'ION. I: 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 notice 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 the design of the subdivision or the proposed improvements are not likely are not rely 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 associate therewith are not detrimental to the health, safety, peace, morals and general welfare of mesons 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 proposes subdivision. Now, , THEREFORE, BE IT RESOLVED: That uponcareful consideration of maps, exhibits,, facts, testimony and other evidence suhmitted In this matter, the application for Tentative Subdivision dap is hereby approve subject to the conditions enumerated in this Resolution beginning on Page 2 thereof; and Resolution No. 4210 (14--9M--89) 10/9/89 Page e 2 a BE IT FURTHER RESOLD: That the subconclusions upon which the findings and conditions specified in this Resolution are used are contained in the Public Hearing Record concerning Application 14='IM-89g as set forth in the Minutes of the Planning Conmission Meeting of October 9, 1989, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No(s) : 14-TM--89 Applicant: Kier & Wright' Property Owner: Stephen and Benjamin Cbancf Location: 10951 Linda Vista Drive Parcel Area 15p539 ± gq. ft. .356 Acres SECTION III: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTM= 10 STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 20 CURB AND GUTTER IF]PROVEMENTS 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 installer 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 maxim m height permitted by the zone in which the site is located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City. 5e STREET TREES Street trees shall be planted within the Public Right of Way andshall be of a type approved by the City in accordance with Ordinance 125. 6. GWING Grading shall be .as approved and required by the City Engineer in accordance with Ordinance 125. Q ; Resolution No. 4210 (14-9M-89) 1.0/9/89 Page ® 3 Q 7. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 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 affects 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 affects Utility provider and the City Engineer. 9. DEVELOPMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for,paymet 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 ADMMSTERED BY THE COMMUNITY DEVELOPMENT DEPT. 116 APPROVED.EXHIBITS The recommendation of approval is based on the Tentative Parcel Map Exhibit dated 9/13/89, except as may be amended by the Conditions contained in this Resolution. -MN-v MM us The applicant shall provide a plan for preservation of the two Walnut trees within the subdivision. The applicant shall also retain all trees on the southerly perimeter of Lot 2° unless removal of any such tree or trees is authorized by the Architectural and Site Approval Committee. 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 Dept of Planning and Development prior to preparation of the report. Said report shall detail measures to be taken to ensure the survival of said specimens during and after construction. All other trees on the lot may be. remove at the owners discretion. Resolution No, 4210 (14--T -89) 10/9/89 Rage - 4 m R 13. DERDIMON REQUIREMENT All existing structures on the site shall be moved or removed prior to or concurrently with the first sale of either lot created by the subdivision. '%he developer °shall assume the responsibility to obtain all required demolition its in accordance with City Ordinances. If the structure is to be moved, all regulations of the ;single family ordinance shall be followed: 14 AINING WALLS All retaining walls on the subject property shall be inspected for structural stability and shall -be improved to meet city standards. PASSES AND ADOPrM this 9th clay of October, 1989 at a R the Planning Commission of the Cityof Cu fol owinMeeting of Cupertino by the following roll call vote: AYES:COMMISSIONERS: Szabo, Claudy, Sorensen, Chro Adams NOES: OCHAISSIONERS None ABSTAIN COMMISSIONERS: Mackenzie ABSENT: SSIONERS: None /s/ Robert Cowan Robert Cowan Director of Planning peresos\rsol4tm89 /s/ Victor Adams Victor Adams, Chairman Cupertino Planning Commission