Reso 1797 10-TM-77
RESOLUTION NO. 1797
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE
94.5 ACRES INTO 23 SINGLE-FAMILY LOTS AND ONE LOT TO
_ BE HELD IN COMMON FOR OPEN SPACE USE.
APPLICANT: Robert Nellis
ADDRESS: 22322 Regnart Rd. , Cupertino, California 95014
SUBMITTED: June 13, 1977
LOCATION: On the westerly ridgeline of Regnart Canyon with access to be
gained via the southern terminus of Regnart Rd.
FINDINGS AND SUBCONCLUSIONS:
Approval is recommended subject to the findings as set forth on Page 1 and
subconclusions as forth in the minutes of the Planning Commission meeting
of January 9, 1978.
CONDITIONS:
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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 approval is granted based upon tentative map Exhibit A 3rd Revision
41) of 10-TM-77, as may be modified by additional conditions contained here-
in.
16. The grading concept and building location for each lot shall substantially
reflect Exhibit A 3rd Revision of 10-TM-77. The Director of Planning and
Development, or designee, shall review and approve subsequent building
permit applications based upon the R1 zoning and grading ordinance regula-
tions and the grading and fence location policies established below.
a) Pad elevations. The finish vertical elevation of the vehicular
turn around pads for each building site shall be within 10' of
the finish elevation designated on Exhibit A 3rd Revision. Mass
grading of building sites is not permitted. Permits to grade
building sites may be issued only in conjunction with building
permits for residential structures. Private roads and individual
driveway approaches for each site may be graded concurrently with
the main public road. The pad elevations shall be lowered from the
main ridgeline elevation to the greatest extent possible.
b) Retaining walls may be employed to resolve ground stability
problems or minimize grading.
c) A registered landscape architect shall review grading plans and
in consort with the project and City Engineer, shall submit a
plan to prevent soil erosion and visually screen extensive cut
4I)_ and fill areas. The intent of the visual screen is to soften
grading scars. A 100% screening effect is not required. The
oak trees designated on Exhibit A 3rd Revision shall be retained
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CITY OF CUPERTINO
Ail
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 Couuuission 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 Couuuission makes the following findings :
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 proposed subdivision.
411
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10-TM-77
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Resolution No. 1797 (continued)
unless the design solution to retain said trees creates an
aesthetic unpleasing condition, it results in unsafe road
design, or it results in unreasonable cost. The registered
landscape architect shall review the design for tree retention
design solutions to ensure their protection during and after
construction.
d) The drain field areas shall be recontoured after grading. The
drain field shall reflect the natural topography to the greatest
extent possible.
e) Solid board fencing for privacy and security reasons shall be
limited to a 10,000 sq. ft. area encompassing the main residential
structure. Open fencing may be constructed on property lines and
other internal lot areas to contain domestic animals or provide
security. A corral or barbed wire fences are examples of open
fencing.
The applicant or subsequent lot owners may appeal the Director
of Planning's decision regarding the above design standards to
the Planning Commission. The Planning Commission may review
the appeal as an unfinished business agenda item.
17. All private driveways serving the development shall be improved as_
required by Policy No. 3 of Hillside General Plan and as directed
by the City Engineer.
41) 18. The applicant shall record an appropriate 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 3rd
Revision. 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.
19. A reciprocal maintenance agreement to be reviewed and approved by the
City Attorney, shall be requiirPr 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.
20. 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. Future applicants for building
permits shall comply with the recommendations in the September 22, 1977
Geologic Report entitled, "Geotechnical Investigation Report, 94-Acre
Property, Cupertino, California" as amended.
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Resolution No . 1797 (continued) •
21. Adequate turnaround spaces and four functionally independent off-street
parking spaces shall be provided on all parcels to compensate for the
lack of public street parking and provide space for emergency equip-
IIPment. The four parking spaces shall be in addition to two enclosed
garage spaces.
22. The applicant shall design and install improvements on the public right-
of-way to provide for the temporary storage of refuse cans for municipal =
garbage pickup.
23. A 18 ft. wide privately owned emergency access road/easement shall be
extended from the private road serving Lots 15-17 to the northeast
corner of the development site in order to provide for the eventual
connection of Regnart Road to Lindy Lane. The emergency access
connection of Regnart Road to Lindy Lane may require an alignment
which traverses a small segment of the "Lands of Zarevich". The
precise alignment will be established after conferring with directly
affected property. owners. The emergency access road shall be main •
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tained by a homeowners association comprised of all lot owners within
the subdivision. The Central Fire District shall approve the precise
location and design of any gate and lock device used in connection
with said emergency access road.
Prior to recordation of the final map, the subdivider shall enter into
an improvement agreement with the City to improve Regnart Road to City
Standards from its presently paved section at the "mail box" area to
the subdivision boundary. The subdivider shall pay all costs necessary
to establish the above-described portion of Regnart Road as a public
41) right-of-way.
Costs of any off-tract improvements may be reimbursed by agreement
with the City or the formation of an assessment district.
24. Prior to recordation of the final map, provisions shall be made for
water service to the subdivision in a manner as approved by the City
Council.
25. The applicant shall dedicate the development rights to the 24.5 acre
"Open Space Preserve" to the City of Cupertino. The dedicated develop-
ment rights shall include the ability to construct a residential dwel-
ling and rights to construct and operate a commercial facility.
Each residential lot owner shall have a common undivided interest in
the Open Space Preserve. A common homeowner's agreement shall be
prepared by the applicant and reviewed by the City Attorney. Said
agreement shall among other things provide for common maintenance of
said property.
26. The application of the semi-rural slope density formula, together
with the transfer of three dwelling unit credits from the Mid-Peninsula
Regional Open Space District, results in a total yield of 23 dwellings
for the 94.5-acre project site. Slope density credit from any specific
lot or group of lots or the "Open Space Preserve" cannot be transferred.
41) The applicant/owner or subsequent owner may adjust property lines, sub-
ject to City approval, if the property line adjustment does not result
in the creation of additional dwellings.
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10-TM-77
Resolution No. 1797 (continued)
A covenant running with the land in favor of the City as approved
410 by the City Attorney shall be recorded to ensure compliance with
the regulation prohibiting transfer of slope density dwelling unit
credit.
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PASSED AND ADOPTED this 9th day of January, 1978, 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, Blaine, Gatto, Markkula, Chairman Koenitzer
NAYS: None
ABSTAIN: None
ABSENT: None
APPROVED:
/s/ R. D. Koenitzer
R. D. Koenitzer, Chairman
• Planning Commission
ATTEST:
ames H. Sisk
Planning Director
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