Reso 2810 Application: 9- -86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2810
OF THE PLANNING CESSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE 2 PARCELS
TOTALLING APPROXIMATELY 11.3 ACRES INTO 9 PARCELS
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 nenpssary 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. 2810 (9-'IM-86) 06/09/86
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NOW, THEREFORE, BE IT RESOLVED:
That upon careful consideration of maps, exhibits, facts, testimony and
other evidence submitted in this matter, the application for Tentative
Subdivision Map is hereby recommended for approval, 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 9- M-86, as set forth in the Minutes of the
Planning Commission Meeting of June 9, 1986, and are incorporated by
reference as though fully set forth herein.
SECriON II: APPLICATION DESCRIPi'iON
APPLICANT : Prometheus Development Company
ADDRESS 20300 Stevens Creek Boulevard
SUBMITTED : April 22, 1986
LOCATION Southeast corner of Stevens Creek & DeAnza Boulevards.
SEC:r'ION III: CONDITIONS AI]'IINISTERED 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 be
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.
4. FIRE HYDRANTS
Fire hydrants shall be located as required by the City.
RESOLUTION NO. 2810 (9-'IM-86) 06/09/86
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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.
7. GRADING
Grading shall be as approved and required by the City Enginpr in
arrnrdance with Ordinance No. 214 (a) .
8. DRAINAGE
Drainage shall be to the satisfaction of the City Engineer.
Development 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.
9. UNDERGROUND UTILITIES
The applicant shall be responsible for complying with the requirements
of the Underground Utility Ordinance No. 331 and other related
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. COMPLIANCE WITH PREVIOUS PUBLIC WORDS CONDrriONS
The applicant shall comply with Condition 10 of the City Council
Action letter dated May 5, 1986 for 4-U-86.
SEcriON IV: CONDr1'iONS A MINISTEPED BY THE PLANNING DEPARTMENT
11. APPROVED EXHIBITS
That the recommendation of approval is based on Ehibit A of
Application 9-IN-86 except as may be amended by special conditions
enumerated herein.
RESOLUTION NO. 2810 (9—' —86) 06/09/86
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12. PARK AREA DESIGNATION
Parcel 8 on Exhibit A shall be owned and maintained by the applicant
and made available for public use. The applicant shall add a covenant
to the project Conditions, covenants, and Restrictions, which name the
City as a Third Party Beneficiary, giving the City approval authority
over the construction of structures (other than typical park furniture
and equipment) within Parcel 8. The CC & R's shall be approved by the
City Attorney prior to recordation.
13. CAN AREA LIMITATIONS
The applicant shall add a covenant to the project CC & R's stating
that no occupiable structures shall be constructed on Parcels 7 and
9. The covenant shall be approved by the Director of Planning prior
to recordation.
14. RECIPROCAL ACCESS/PARKING AGREEMENT
The applicant shall prepare a covenant providing reciprocal arc and
parking between all parcels within this subdivision and Tract 7734.
The covenant shall be added to the project CC & Rs and shall also be
placed in escrow to be recorded at no cost to the City similtanecusly
with any transfer of ownerships. The covenant shall be approved by
the City Attorney and Director of Planning.
15. ROADWAY IMPROVEMENT CONSISTENCY
The configuration of the final map shall reflect consistency with the
approved street improvement plans for the subject site's North De Anza
Boulevard and Stevens Creek Boulevard frontages.
PASSED AND AD01,111) this 9th day of June, 1986, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: IISSIONERS: Sorensen, Adams, Claudy, Mackenzie, Chr. Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS:: None
ATTEST: APPROVED:
/s/ Robert Cowan /s/ Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission
RESO9TM86(Ml)