Reso 2688 15-TM-85
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RESOLUTION NO. 2688
OF THE PLANNING COMMISSION OF THE CITY OF CUP'ERT I NO
RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP
TO SUBDIVIDE APPROXIMATELY 2. 1 ACRES INTO NINE PARCELS
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RANGING IN SIZE FROM 7,500 SQ. FT. TO 11 ,600 SO. FT.
APPLICANT: The' William Day Company
ADDRESS: 1314 Lincoln Avenue, San Jose, California 95125
SUBMITTED: August 1 , 1985
LOCATION: Northwest corner of Bubb Road and Regnart Road
FINDINGS AND SUEiCONCLUS I ONS:
Approval is subject to the findings as set forth on Page 1 and
the subconclusione as set forth in the minutes of the Planning
Commission meeting of September 9, 1985.
CONDITIONS:
1-15. STANDARD CONDITIONS
Standard Conditions to the extent that they did 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 Exhibits
A 1st Revision and B of Application 15-TM-85 except as
may be amended by special conditions enumerated herein.
1 17. TREES
The following trees are to be retained in accordance with
the City of Cupertino 's Tree Ordinance:
a. 24 inch Oak
b. sb inch Elm
c. 55 inch Oak
d. 15 inch Magnolia
The applicant shall carefully locate any fireplace
chimneys to ensure that they are not within tree crowns
and otherwise are in full compliance with building codes
with respect to proximity to trees or other combustible
materials.
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CITY OF CUPERTINO
City Hall , 10300 Torre Avenue
Cupertino , California 95014
Telephone : ( 408 ) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE APPROVAL OF A TENTATIVE MAP
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WHEREAS , the attached application has been submitted to the City
of Cupertino requesting approval of a tentative 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 :
1. That the Planning Commission makes the following findings :
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a. That the proposed map is consistent with the general and
specific plans .
b . That the design or improvement of the proposed subdivision
is consistent with the general and specific plans .
c . That the site is physically suitable for the type of
development.
d . That the site is physically suitable for the proposed density
of development.
e . That the design of the subdivision 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 subdivision or the type of improvements
are not likely to cause serious public health problems .
g . That the design of the subdivision or the type of improvements
will not conflict with easements , acquired by the public at
large , for access through or use of , property within the pro-
posed subdivision.
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15-TM-85
A
Planning Commission Resolution No. 2633 (coat `d)
18. GRADING
Pad heights for all parcels shall not exceed that
illustrated on Exhibit B unless approved by the Director
of Planning and Development.
19. SETBACKS
The Planning Commission interprets that the north and
west property lines of Lot Five, the south and west
property lines of Lot Seven, andnorth
the and east
constitute
property lines o-r Lot One yardlines the rear i.,nes
for the affected parcels for the purpose of determining
setback requirements. All rear yard setbacks shall be
based upon this interpretation.
20. MODIFICATION OF APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property
owner shall desire to make any minor changes, alteration
or amendment in the approved development plan or building
permit, a written request or revised development or
building permit shall be submitted to the Director of
• Planning and Development. If the Director makes a
finding that the changes are minor and do not affect the
general appearance of the area, the Director may certify
the change on the revised plan. If such approval is
withheld , the applicant may appeal to the Planning
Commission. If the changes are material , the Director
shall submit the change to the Planning Commission for
approval . If the change is denied by the Planning
Commission , the applicant may appeal to the City Council
as provided in City Ordinance No. 652. If the change is
approved , an appeal may be made by an interested party.
Further , any member of the City Council may request a
hearing before the City Council , said request to be made
within ten (10) days from the date of approval - when the
change has been approved by the Planning Commission.
21. INTERSECTION IMPROVEMENTS
The applicant shall be responsible for all improvements
necessary to reconfigure the intersection as illustrated
on Exhibit A.
15-TM-SO
Planning Commission Resolution No. 2633 (cont 'd)
22. SANTA CLARA VALLEY WATER DISTRICT TRUNK LINE
The applicant shall provide an easement for the Santa
Clara Valley Water District water line which traverses
Lot One. The easement shall be shown on the -Final tract
map. The applicant shall have the option of relocating
the water line. If not relocated , the applicant
understands that the house design for Lot One will be
severely constrained.
2'. SHIFT INTERSECTION
The applicant shall shift the intersection of the new
street (cul-de-sac) with Regnart Road to the west to
- attain a greater separation from the intersection of Bubb
Road and Regnart Road.
The modification shall be subject to review and approval
of the Director of Planning and Development and the
Director of Public Works prior to filing the final map.
The change shall not reduce the lot area of Parcel Nine
below the 7,500 sq. ft. minimum or significantly alter
its buildability.
24. SIDEWALK IMPROVEMENTS
4111 The City agrees to install the sidewalk improvements on
Bubb Road and Regnart Road consistent with past
commitments to the property owner of the subject
property.
25. GEOLOGIC EVALUATION
The applicant shall retain a geologic engineer to
complete a study demonstrating that the adjacent 21
million gallon San Jose Water Works reservoirs do not
pose a significant hazard to future residents of the
proposed subdivision. "Significant hazard" is defined as
failure of the embankment which results in water and/or
mud escaping which may endanger life or significantly
endanger property, as a result of a maximum probable
earthquake event on the San Andreas -Fault or on the
nearby. Monti Vista fault, The sub iect study shall be
completed, filed with and accepted by the City Council
prior to recordation of the final map.
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15-Tri-e
Planning Commission Resolution No . 26,98 ''L.o nt 'd)
re,
PASSED AND ADOPTED this 9th day of September, 1935, at a regular
meeting of the Planning Commission of the City of Cupertino, by
the following roll call vote:
AYES: Commissioners Adams, Mackenzie, Sorensen , and
Vice/Chairman Szabo
NAYS: None
ABSTAIN: None
ABSENTS/Chairman Claudy
ATTEST: APPROVED:
Is/ Robert Cowan /s/ Nicholas Szabo
Robert Cowan Nicholas Szabo, Vice-Chairman
Planning Director Planning Commission
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