Reso 2723 21-TM-85
RESOLUTION NO. 2723
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
410 RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE
2.2 NET ACRES INTO 11 PARCELS RANGING IN SIZE FROM
6,000 SQ. FT. TO 8,000 SQ. FT.
APPLICANT: Paul K. Tai
ADDRESS: 12280 Saratoga/Sunnyvale Road
Saratoga, California 95070
SUBMITTED: September 11, 1985
LOCATION: Southeast corner of South Stelling Road adjacent to
the unimproved Highway 85 right-of-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 October 16, 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.
410 16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibit
A 1st Revision of Application 21-TM-85 except as may be
amended by special conditions enumerated herein.
17. TREE PROTECTION
The remaining trees illustrated on the site plan shall
be fully protected in accordance with the provision of
Ordinance No. 778.
18. SOLAR
The applicant shall install plumbing chases to
facilitate future solar water heating system
installation. Installation of said system is optional .
19. 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 plan or • building permit shall be submitted
to the Director of Planning and Development. If the
411
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CITY OF CUPERTINO 110
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
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 : 110
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.
21-TM-85
Planning Commission Resolution No. 2723 (Continued)
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.
20. CONSTRUCTION VEHICLES
Construction vehicle access shall be gained from
Stelling Road or the duration of construction of the
homes and public and the Highway 85 right-of-way private
improvements. If the parcels are sold off individually
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for custom home construction, the applicant shall record
a temporary construction vehicle access easement to
ensure implementation of the above requirement. Access
from West Hill Court shall be barracaded by a fence
III • until are offered for sale. At that time, access may be
permitted for all non-construction vehicles or
non-construction workers.
21 . HOURS OF CONSTRUCTION
The , applicant shall be aware of the Municipal Code
restrictions on hours and times of construction
activity.
22. SOUND ATTENTUATION
As units are constructed, a qualified sound engineer
shall be retained to examine the plans and ensure units
comply to a 29 decibel reduction of exterior to interior
noise levels.
The applicant shall record a convenant to advise
potential new owners of this obligation.
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2 1-TM-85
Planning Commission Resolution No. 2723 (Continued)
411
PASSED AND ADOPTED this 16th day of October, 1985, at a regular
adjourned 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 and
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
•
Js/ Robert Cowan /s/ John Claudy
Robert Cowan John Claudy, Chairman
Planning Director Planning Commission
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