Reso 4466 2-TM-93
CITY OF CUPERTINO
10300 Tone Avenue
Cupertino, California 95014
RESOLUTION NO. 4466
OF TI� PLANNING COMMISSION OF TI-� CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE INTO TWO PARCELS
OF 8,915 AND 9,082 SQ. FT. RESPECTIVELY
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Pernut, as
described on Page 1 of this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said 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.
b) That the design or improvement of the proposed subdivision is consistent with the General 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 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.
e) 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 properly within the proposed subdivision.
NOW, TI-�REFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the
application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in
this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this Resolution are based and
contained in the Public Hearing record concerning Application 2-TM-93 as set forth in the Minutes of the
Planning Commission Meeting of July 12, 1993, and are incorporated by reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Applicant No(s): 2-TM-93
Applicant: Harry Lozano
Property Owner: Harry Lozano
Location: Tula Lane between Sola Street and Tula Court
Resolution No. 4466 (2-TM-93) July 12, 1993
Page -2-
SECTION III: CONDITIONS ADMINIST'ERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET WIDE1vING
Street widening, improvements and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
2. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards
as spec�ed by the City Engineer.
3. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be
positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be
no higher than the maximum height permitted by the zone in which the site is located.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
6. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in
accordance with Ordinance 125.
7. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the
Cupertino Municipal Code.
8. DRAINAGE
Drainage shall be from the site to Tula Lane by below grade drainage pipe Drainage shall be provided to the
satisfaction of the City Engineer.
9. UNDERGROUND UTILITIES
The developer shall enter into a defened underground agreement for utility lines, to the satisfaction of Public
Works.
Resolution No. 4466 (2-T'M-93) July 12, 1993
Page -3-
10. DEDICATION OF WAT'ER LINES
The developer shall install waterlines and appurtenances to the satisfaction of the City Enginerr and the Water
Utility serving the area. The developer shall enter into an agreement with the appropriate Water Utility for
water service.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditi s specif in Sectio III of this Resolution conform to
generally accepted engineering practices.
B rt Viskovic ity Engineer
SECTION IV: CONDITIONS ADMINISTERED BY TI� COMMUNITY DEVELOPMENT DEPARTMENT
11. INGRESS/EGRESS EASEMENTS
The applicant shall record an appropriate deed restriction and covenant running with the land subject to
approval of the City Attorney, for all parcels which share a common private drive or private roadway with one
or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress
easements to and from the affected parcels. The width of flag stem shall be 12' unless joint ingress/egress
cannot be obtained then the flag lot corridor shall be widened from 12' to 15'. The easement shall be filed
prior to or in conjunction with the recordation of the final map. Said easement may not be encumbered
(separated down the center of the drive) by a good neighbor fence or other obstruction. 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.
12 APPROVED EXHIBITS
The recommendation of approval is based on Tentative Map Exhibit dated May 1993, except as may be
amended by the Conditions contained in this Resolution.
13. TREE PROTECTION
The applicant shall provide a plan for preservation of the existing specimen tree on the subject property. Said
plan shall include graphic depiction of protection devices to be installed along the dripline perimeter of each
tree for the duration of construction activities. The plan shall include a written report from a consulting
arborist or landscape architect, whose selection shall be approved by the Department of Planning and
Development prior to preparation of the report. Said report shall detail measures to be taken to ensure the
survival of said specimens during and after construction.
Protection of the 12" oak tree shall be guaranteed during and following construction. The property owner
and/or developer shall comply with Section 14.18 of the Cupertino Municipal Code. Before construction
activities commence, including demolition, a$10,000 bond shall be established to guarantee tree protection.
The bond shall be forfeited if the tree dies as a result of construction activities.
Resolution No. 4466 (2-TNI-93) July 12, 1993
Page -4-
14. ABANDONED WATER WELLS
The property owner shall seal abandoned or unused water wells if the City, after consultation with the Santa
Clara Valley Water District, determines that said abandoned or unused water wells have a potential to
contaminate the water supply.
15. SOILS REPORT
A soils report is required at the building permit stage. The details to be included in this report will be
provided and to the satisfacUon of the Building Department.
16. RESIDENTIAL HOUSING MITIGATION
� The developer is required to comply with the Housing Mitigation policies of the General Plan (Policies
3-34 to 41), if applicable.
PASSED AND ADOPTED this 12th day of July, 1993, at a regular meeting of the Planning Commission of the
City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Bautista, Mahoney, Roberts and Chairwoman Austin
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Doyle
ATTEST: APPROVED:
Robert S. Cowan Donna Austin, Chairwoman
Director of Community Development Cupertino Planning Commission
g:htun/peresos/2trn93