Reso 4213CITY OF CUPEL=0
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4213
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING THE SUBDIVISION OF ONE LOT INTO TWO LOTS
OF 10,800 S.F. AND 9,900 S.F.
SECTION Io FINDINGS
WHaZFAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2'of this Resolution, -
and
WHMEAS, the applicant has met the burden of proof required to support
said application.; and
WBEREAS, ; the Planning Commission finds that the application meets the
following requirements.
a) That the use Or uses are in conformance with the General Plan of
the City of Cupertino, and are not detrimental to existing uses
or to uses specifically permitted in the zone in which the
proposed use is to be located,
b) That the property involved is adequate in size and shape to
accommodate the proposed use,
c) That the < proposed use will not generate a level of traffic over
and above that of the capacity of the existing street system.
d) That the proposed use is otherwise not detrimental. to the health,
safety, peace, morals and general welfare of persons. residing or
working in the neighborhood of such proposed uses, nor injurious
to property and improvements in the neighborhood,
e) Said approval is predicated on the understanding that, the
applicant has demonstrated_ that Lot 2 can be developed without
necessity of a variance from the requirements of the R1
Ordinance, and that such understanding was explicitly taken into
account by the Planning Commission in the approval decision.
NOW, THEREFOREa BE IT RESOLVED,
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recommended for approval, subject to the conditions which are
enumeratecl`in this Resolution beginning on Page 2 thereof, and
That the subconclusions upon which the findings and conditions specified
in this <Resolution. are based and contained in the Public Hearing record
concerning Application 12-.TM-89 as set forth in the Minutes of the
Planning Commission Meeting of September 12 1989, and October 9,-1989 and
are incorporated by reference as though fully set forth herein.
Resolution No. (12-U4-E9) 10/09/89
Page -2-
SECTION II: Pam' DATA
Application No(s)': 12-TM 89 and 27-EA-89
Applicant: Elmer Buxton
Property Owner: Same
Location: 11234 Bubb Road
Parcel Area: 20,730 + sq. ft.
SECTION III: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. SIRE ET WIDENING
Street widening, improvement and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
20 CURB AND GUTTER RMOVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3.0 S REST 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 HYDRANT
Fire hydrants shall be locate as required by the City,
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 1250
7 DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Resolution No. (12JIM%89) 10/09/89
Page -3®
The subdivider shall include a berm along the north property line of
Lot 2 to preclude overland drainage to the north, and the swale shall
be constructed of impervious material as approved by the City
Engineer. The subdivider shall also record a deed restriction on Lot
2 providing that the drainage system components- be maintained in
functional condition at all tames, and that said system will not be
filled or altered.
8. UNDERGROUND UTI=ES
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 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 affected Utility provider and the City Engineer.
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 ;;rmig.
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 AD=STERED BY THE CXINIMUNI'I'Y DEVELDFV P DEPT.
11. APPROVED EXf iIBITS
The recommendation of approval is basil on. the exhibit labeled;
Tentative Map, revision dated 09/28/89 of application 12-TM--89; except
as may be amended by the conditions contained in this Resolution.,
12. PRIVATE DPdVEWAY COVENANT
The applicant 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 Exhibit Tentative Map exhibit of this application. Said deed
restriction shall provide for necessary reciprocal ingress/egress
easements to and from the affected parcels. 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 party.
Resolution No. (12-TM-89) 10/09/89
Page ®4e
13 o ROAD MAINTENANCE AGR
A reciprocal maintenance agreement shall be required for all parcels
which share a common private drive or private roadway with, one or more
other parcels within the tract. Said agreement shall be recorded in
conjunction with recordation of the final map, ;and shall be subject to
prior approval as to form 'and 'content by the City Attorney.
14. INGRESS/EGRESS EAS TS
The applicant shall record an appropriate deed restriction and
covenant running with the land subject to approval of the. City
Attorney, for all parcels which share a common private drive or
private roadway with one or more other parcels. Said dead restriction
shall provide for necessary reciprocal ingress and egress Ieasements to
and from the affected parcels. Said easements shall be recorded at
such time as interest in one or both of.the affected parcels is
initially sold or transferred to another party.
15. DEviO=ON RBQUDZM NT
The existing pool and equipment shed shall .be removed prior to
recordation of :the final map or upon transfer of interest in one or
both parcels by the subdivider. The subdivider or successor in
interest shall assume the _responsibility to obtain all required -
demolition permits in accordance with City ordinances.
16. FIRE
Fire sprinklers shall be installed in any new construction on Parcel 2
as approved by the City.
17 o TREE PRO'I'ECI'ION
The applicant shall provide a plan for preservation of the existing
specimen Oak tree on the subject property, and within the adjacent,
creek. channel embankment which would be affected by construction
activity on either parcel.Said plan `shall include graphic depiction
of protection devices to be installed along the dripline perimeter of
the tree for the duration of construction activities.
18. SCVWD EASE1'I'
The subdivider shall provide a grant of easement to the Santa Clara
Valley Water District adjacent to Regnart Creek, on the finnal or map
or by separate instrument as directed by the City Engineer.
19. FENCING ADJACENT`TO CREEK BANS
The subdivider, or sucessor in interest of Parcel Two, shall install.a
42A9 high wrought iron fence of open lattice design simultaneously with
constructionon said Parcel Two. Said fencing shall be fitted with
removable panels to facilitate access for Creek management''purposes?
The location and design specifications shall be satisfactory to the
City in consultation with the SCVWDo
Resolution No. (1.2--UM®89)
Page -5-
10/09/89