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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 Page - 2 - 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 Page - 3 - 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 Page — 4 — 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)