Reso 2658 � y
7-TM-85
RESOLUTION NO. 2658
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE PARCEL MAP TO SUBDIVIDE
APPROXIMATELY .4 ACRES INTO TWO PARCELS CONSISTING
410 OF APPROXIMATELY 6,000 SQ. FT. AND 8,000 SQ. FT.
APPLICANT: Terry Brown Construction Company
ADDRESS: 21884 Byrne Court, Cupertino, California 95014
SUBMITTED: May 17, 1985
LOCATION: East side of Stelling Road between Shadowhill Lane
and Squirewood Way
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of July 8, 1985.
CONDITIONS:
1-15. STANDARD CONDITIONS
Standard Conditions to the extent that they do not
conflict with the special conditions enumerated herein.
In the event a conflict does exist, the special
conditions as enumerated herein shall apply.
16. APPROVED EXHIBITS
® - That the recommendation of approval is based on Exhibit
A of Application 7-TM-85 except as may be amended by
special conditions enumerated herein.
17. STREET IMPROVEMENTS
The applicant shall dedicate and improve the westerly 25
f t. of the subject property, subject to the approval of
the Public Works Department. In addition, the applicant
shall offer to dedicate the southerly 8 ft. of the
subject property. The City shall not record said offer
until such time as installation of a public street or
cul-de-sac is necessary to serve APN parcels 362-25-25,
362-25-26, or 362-25-27.
18. HOUSE ORIENTATION (PARCEL B)
The house constructed on Parcel B shall be oriented with
the front of the house facing the south property line as
follows:
- The garage shall be accessible from both the 15 ft.
flag shown in Exhibit A and the future public
street/cul-de-sac proposed along the property's
southern boundary.
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C I.T:=Y" OF CUPERTINO
1.
City Hall, 10300 Torre Avenue
11,
_ Cupertino-, California 95014
Telephone: (408) 1252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
A TENTATIVE PARCEL MAP.
WHEREAS, the attached"applicationhas been submitted to the City of Cupertino
requesting approval of.' a: tentative• parcel map; and
WHEREAS, the Planning Commission has held at least one public hearing in
regard to the application;-- and
WHEREAS, the Planning, Commission has duly considered and heard all evidence
submitted in regard to- said- application; and
WHEREAS, the necessary public notices have been given as required by the
subdivision and procedural ordinances of the City of Cupertino.
NOW, THEREFORE, BE IT RESOLVED:
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1. That the Planning Commission makes the following findings:
a) That the proposed map is consistent with the general and specific plans. •
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b) That the design or improvement of the proposed parcel map is consistent -
with the general and specific,plans. l
c) That the site is physically suitable%for the type of development.
d) That the site is physically suitablel!�for the proposed density of
development.
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e) That the design of the parcel map or the proposed improvements are
not likely to cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat. .
f) . That the design of the parcel"map or the type of improvements are
not likely to cause serious public health problems.
g) That. the design of the parcel map or ,the type of improvements will
not :conflict with easements, acquiredljiby the public at large, for
access through or use of, property within the proposed parcel.
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Planning Commission Resolution No. 2658 (Continued) 7-TM-85
411 - The applicant may consider either the west or the
south property line as the front property line for
the purpose of determining setback requirements.
However, a minimum 15 ft. setback shall be required
from the south property line, in either case. All
setbacks from the south property line shall be
measured from the line's location after dedication
of 8 ft.
- Second story setback requirements shall be based on
the requirements for an interior lot, not a flag
lot.
19. ACCESS EASEMENT
The applicant shall eliminate the 15 ft. flag to Parcel
B and replace said flag with a temporary ingress-egress
easement. The easement shall be subject to the review
of the City Attorney and shall be worded to indicate it
may be revoked only upon construction of a public
street/cul-de-sac along the property's southern boundary
and with the written consent of the property owners of
both Parcels A and B and the City of Cupertino.
20. FENCES
411 Temporary fences may be located on the southern property
line of Parcels A and B. However, at such time as a
public street/cul-de-sac is installed to serve APN
Parcels 362-25-25, 362-25-26, or 362-25-27, said fences
shall be relocated so as to comply with Cupertino' s
Fence Ordinance.. Parcel A shall then comply with the
fence requirements for a corner lot. A maximum 3 ft.
high fence shall be permitted within 15 ft. of the south
property line of Parcel B.
PASSED AND ADOPTED this 8th day of July, 1985, at a regular
meeting of the Planning Commission of the City of Cupertino,
State of California, by the following roll call vote:
AYES: Commissioners Adams, Mackenzie, Sorensen,. Szabo,
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/John Claudy
. Robert Cowan John Claudy, Chairman
Planning Director Planning Commission
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