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HomeMy WebLinkAboutReso 2957APPLICATION 14 -TM -86 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2957 OF THE PLANNING COMMISSION OF THE CITY OF CUPERI'INO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE 6 PARCELS INTO 10 PARCELS WITH LOT SIZES RANGING FROM 2,800 SQ. FT. TO 3,700 SQ. FT. SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map, as described on Page 2 of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one Public Hearing in regard to the application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan and with any applicable Specific Plan. b) That the design or improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. e) That the design of the subdivision or the type of improvements associated therewith are not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the vicinity of the subdivision. f) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. RESOLUTION NO. 2957 (14 -TM -86) 09/22/86 Page - 2 - 1VVW, in TPVRE, DE IT RESOLVED.' That upon careful consideration of maps, exhibits, facts, testimony and other evidence submitted in this matter, the application for the Tentative Subdivision Map is hereby approved, subject to the conditions enumerated in this Resolution beginning on Page 2 thereof; and BE IT FURTHER RESOLVED: That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the Public Hearing record concerning Application 14 -TM -86, as set forth in the Minutes of the Planning Commission Meeting of September 22, 1986, and are incorporated by reference as though fully set forth herein. SECTION II: APPLICATION DESCRIPTION APPLICANT: Kinst Company PROPERTY OWNER: Same LOCATION: West side of Foothill Boulevard, 150 ft. north of McClellan Road PARCEL AREA (ACRES): 1.1 qross SECTION III: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET IMPROVEMENTS & DEDICATION Street widening, improvements, and dedications shall be in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB, GUTTER & SIDEWALK Curbs, gutters, sidewalks, and structures shall be installed to grades and to be constructed in accordance with standards specified by the City Engineer. 3. LIGHTING Street lighting shall be installed and shall be as approved by the City Engineer. On -street lighting shall be as required by the Architectural and Site Approval Committee and ordinances and regulations of the City. All on and off -site lighting shall designed to in no way interfere with adjacent areas and shall be no higher than the maximum height permitted by the zone in which the property is located. RESOLUTION NO. 2957 (14 -TM -86) 09/22/86 Page - 3 - 4 . F nE n 1TiRt .1'LL Fire hydrants shall be located as required by the City. 5. TRAFFIC CONTROL SIGNS Traffic control signs will be placed at locations to be specified by the City. 6. STREET TREES Street trees will be planted in the public right-of-way and shall be of a type approved by the City in accordance with Ordinance No. 125. Grading shall be as approved and required by the City Engineer in accordance with Ordinance No. 214(a). 8. DRAINAGE Drainage shall be to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in R1, R2, and R3 zoning unless storm drain facilities are deemed necessary by the City Engineer. All developments other than R1, R2, and R3 zoning shall be served by on -site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. The applicant shall be responsible for complying with the requirements of the Underground Utility Ordinance No. 331 and other elated ordinances and regulations of the City of Cupertino, and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. The applicant shall submit a detailed plan showing utility underground provisions. (This plan must have prior approval of the utility companies and the City Engineer.) 10. PRIVATE STREETS All applicable subsections of Sections 13.5 and 13.6 of the RlC Ordinance (Ordinance No. 664) regarding street improvement requirements and covenants shall apply to the subject development. RESOLUTION NO. 2957 (14 -TM -86) 09/22/86 Page - 4 - 1vjiv1 H ITT cTT 1. l.VlllV1V tCLd-i The development rights to the common area shall be dedicated to the City of Cupertino in advance of recordation of the final subdivision map to ensure that open space area is available to the entire development. 12. FIRE ACCESS LANES: Emergency fire access lanes shall be recorded as fire lane easements on the final map and shall meet Central Fire District standards. SECTION IV: CONDITIONS ADPI NISTERED BY THE PLANNING DEPARTMENT 13. APPROVED EXHIBITS That the approval is based on Exhibit A 2nd Revision of Application 14 -TM -86 except as may be amended by additional conditions enumerated herein. 14. LOCATION OF FACILITIES OR FEATURES The location of all buildings, fences, roadways, parking areas, landscaping and other facilities or features shall be as shown on the site plan submitted labeled "Exhibit A 2nd Revision", except or unless indicated otherwise herein. 15. ISSUANCE OF BUILDING PERMIT The applicant shall be responsible for completing the site as shown on the approved plot plan and shall be required to enter into a development agreement with the City of Cupertino providing for payment of necessary fees, including but not limited to checking and inspection fees, storm drain fee, and underground utility fee. Said agreement shall be executed prior to the issuance of a building permit. 16. ELECTRICAL AND TELEPHONE TRANSFORMERS Electrical and telephone transformers shall be screened with fencing and landscaping, or undergrounded, such that they are not visible from public street areas. RESOLUTION NO. 2957 (14 -TM -86) 09/22/86 Page - 5 - 1 7 . GZA -LL G S ±L -11N L)1 -KW The grading concept and building location for each lot shall reflect substantially the information contained on Exhibit A 2nd Revision of Application 14 -TM -86. The Director of Planning and Development or designee shall review and approve subsequent building permit applications based upon the Rl zoning and Grading Ordinance regulations. Electrical and telephone transformers shall be screened with fencing and landscaping, or undergrounded, such that they are not visible from public street areas. 19. TREE PROTECTION The applicant shall provide a plan for preservation of the existing Oak tree on the subject property. Said plan shall include specifications for protection devices to be installed along the dripline perimeter for the duration of construction activities. The plan shall include an evaluation from a Landscape Architect outlining the effect of construction activity upon the tree and detailing measure to ensure its survival in accordance with Ordinance No. 778. The two Walnut trees may be removed if they are replaced with two specimen 48 inch box trees located in the common area. If the Walnut trees are proposed to be retained, they shall be included in the above tree report. 20. CONDOMINIUM ASSOCIATION An association comprised of all condominium owners shall be formed to ensure proper management of commonly -held property. The appropriate association document shall be reviewed and approved by the City Attorney prior to recordation of the final map. 21. COMMON AREA The common area lot as shown in the staff exhibit presented at the Planning Commission shall encompass all of the private drives and central parking area, lot front and side yards which are to be landscaped as shown on the approved landscaped plans and the Foothill Boulevard frontage. RESOLUTION NO. 2957 (14 -TM -86) 09/22/86 Page - 6 - 22. PRIVATE DRIVEWAY COVENANT 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 coirnnon private drive or private roadway with one or more other parcels as depicted on Exhibit A. Said deed restriction shall provide for the necessary reciprocal ingress/egrees easements to and from the affected parcels. Said easement shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. A recorded reciprocal maintenance agreement to be reviewed and approved by the City Attorney shall also be required for all parcels which share a common private drive within the project. 23. DRIVEWAY AND DRAINAGE MODIFICATIONS The driveway shall be given a name acceptable to the City's emergency services agencies. The proposed swale and headerboard at the edge of the driveway as depicted on the cross section diagram on Exhibit A shall be changed to curbing in a manner acceptable to the City Engineer. An on -site storm water drainage system and connection to a storm line extension within Foothill Boulevard shall be provided as required by the City Engineer. 24. DEMOLITION All existing structures on the subject site shall be demolished in conjunction with construction of the project. 25. PRIOR APPROVAL Recordation of the final map may proceed only upon final approval by the City Council of a change of zoning classification for the subject site to P (Planned Development with Single-family Residential, 5-10 dwelling units per acre use intent) zone, and a Use Permit adopting a precise development plan as defined in the Planned Development Ordinance. RESOLUTION NO. 2957 (14 -TM -86) 09/22/86 Page - 7 - There shall be a condtion in the CC & Rs that restricts the 5 shared parking spaces for guest parking and not to be used for the exclusive benefit of any one resident. PASSED AND ADOPTED this 22nd day of September, 1986; at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll -call vote: AYES: COMMISSIONERS: NAYS: C AATM ISS TOTTERS . 1 YC11U . \.Vl'Y it UUl lYJ:1L4J . ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Adams, Claudy, Mackenzie, Sorensen, and Chairman Szabo. ITEST: APPRO Dc ___________ Robert S. Cowan Nicholas Szabo, Chairman Planning Director Planning Commission RES14TM86(B-3)lvm