Reso 1753 Corrected Copy
23-TM-77
RESOLUTION NO. 1753
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE APPROVAL OF A TENTATIVE PARCEL
MAP TO ADJUST PROPERTY LINES BETWEEN THREE EXISTING
PARCELS.
APPLICANT: Debcor Corporation (R. H. Childress)
ADDRESS: 22025 Regnart Road, Cupertino, California 95014
SUBMITTED: September 12, 1977
LOCATION: Regnart Canyon westerly of Regnart Road (22025 Regnart Road)
FINDINGS AND SUBCONCLUSIONS:
Approval is recommended subject to the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the Planning Commission meeting
of October 10, 1977 .
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conflict with the
improvement requirements set forth in Policy Statement No. 3 of the
Hillside General Plan and the special conditions enumerated herein.
In the event a conflict does exist, the special conditions as enumerated
herein shall apply.
15 . The approved is granted based upon tentative map Exhibit A of 23-TM-77,
as may be modified by additional conditions contained herein.
16 . The building location on Parcel B shall substantially reflect Exhibit A
of 23-TM-77 .
17 . A minimum of fifteen (15) feet of slope rounding shall be provided at the
top of all existing and future cut slopes.
18. Adequate turnaround spaces and four functionally independent off-street
parking spaces shall be provided on Parcel B to compensate for the lack
of public street parking and provide space for emergency equipment. The
four parking spaces shall be in addition to two enclosed garage spaces.
19 . The roadway improvements to the private driveway serving Parcels A through
C shall be completed as prided by the development agreement executed in
conjunction with Tract No. 6028. In addition to the roadway improvement
agreements, an agreement shall be executed providing an emergency vehicle
access easement to serve potential development areas to the west of the
map boundary. Said agreement shall be reviewed by the Central Fire
District and approved as to content and form by the City Attorney. The
emergency access agreement requirement may be rescinded if an alternative
fire access road is provided in a location approved by the City.
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RESOLUTION NO. 1753 (continued)
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20. The applicant shall record an ap
propriate ppropriate deed restriction and covenant
running with the land subject to the review and approval of the City
Attorney, for all parcels which share a common private drive or private
roadway with one or more other parcels as displayed on Exhibit A. Said
deed restriction shall provide for the 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.
21. Prior to issuance of a building permit, the recommendations contained in
the geologic report labeled "Geologic and Geotechnical Investigation:
Lands of Childress, September, 1977" shall be addressed. That the
applicant shall record a covenant on each lot to be transferred informing
future lot purchasers of the existence of geologic hazards in the area,
and additionally, that special development regulations apply to any
construction on the lot.
22. The developer shall agree to participate in an improvement district •
to install street improvements on public roadways within the Regnart
Canyon area as defined by the General Plan. The City shall relieve
the developer of the above requirement if and only if the assessment
district is not formed within a period of five years at which time
the developer shall install on his own the required improvements as •
outlined in the condition of approval.
23. The application is approved contingent upon the City Council adoption
of a General Plan Amendment which permits the reconfiguration of lots
of record that do not conform to the area requirements mandated by
the Hillside Slope-Density Formula.
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24. Prior to recordation of the final map, the County Health Department
shall approve the utilization of a septic tank on the site in the
general location described on Exhibit A of 23-TM-77.
PASSED AND ADOPTED this 10th day of October, 1977, at a regular meeting of the
Planning Commission of the City of Cupertino,, State of California, by the fol-
lowing roll call vote:
AYES: Commissioners Adams, Blaine, Gatto, Markkula, Chairman Koenitzer
NAYS: None
ABSENT: None •
ABSTAIN: None
ATTEST: APPROVED:
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Robert Cowan R. D. Koenitz , Chairman
Assistant Planning Director Planning Commission
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