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Reso 4272 5JIl�I-90 C I T Y O F C U P E R T I N O 10300 Zbrre Avenue Cupertino, California 95014 RF50L�T1'ION NO. 4272 OF THE PLANN.II�G �'�IISSION OF Tf� CITY OF CUPII�I'IlJO � R�CJ�Il�VDING APPROVAL OF A TIIVTATIVE N�►P 'PO SUBDIVIDE A 2.07 GROSS AQ2E PAFZ(;Q� IN'PO IIC�iT IIC77I'S RANGING IN SIZE FT�f1M 7, 560 SQ. FI'. TO 13, 050 9Q. FT. � SECTION I • FIlJDINGS Wf�S, the Planning C�oanunission of the City of Cupex reoeived an application for a Tentative Subdivision Map, as desc.ribed on Page 2 of this Resolution; and WI�2EA8, the necessary public notices have been given as required by the 1 subdivision and Prooedural Ordinance.s of the City of Cupertino, and the Plannirig Ca�rnnission has held at least one Public Hearing in re�gard to the ' application; and Wf�E2F'.AS, the Plannirig Carnnission finds that the application meets the follvwing requirements: a) 'I'hat the pra�osed subdivision map is oonsistent with the City of Cuper General Plan. ( b) That the design of the subdivision or the proposed i�rovements are not likely to cause substantial envirornmental damage. � c) That the design of the subdivision or the type of improvements associated there�aith are not detr�mental to the health, safety, peaoe, ( morals and general welfare of persons residing or working in the vicinity of the subdivision. d) That the design of the subdivision and its associated improvemP.nts will not conflict with e.asemeizts aoquired by the public at large for aooess through or use of praperty within the pro�osed subdivision. e) That the existing c�oast live oak trees on Lots 2, 3, ar�d 6 are � significant specimens worthy of retention and integration into the design of the develo�nent. � NOW, ��ORE, BE IT RESOLUID: ' 'Ihat upon careful consideration of maps, e�ibits, facts, testimoriy and other ` evide.noe sulamitted in this matter, the application for Tentative Stiibdivision � Map is hereby reo�nnended for appraval, subject to the oonditions ernmnerated in this Resolution beginning on Page 2 thereof; and i BE IT F'�JKI��t RF50L�7ID: � That the suboonclusions upon which the findings and conditions specified in this Resolution are based are oontained in the Public Hearing Record conoerning � Application 5-'IM-90, as set forth in the Minutes of the Plannirig Caanmtission Meeting of June 25, 1990, and are ino�rporated by referexic�e as though fully set forth herein. Resolution No. 4272 (S�IM-90) 06/25/90 Page -2- ( SFX,TION II: PRUTF7CT DESCRIPTION Application No(s): 5�IM-90 i Applicant: Clayton N. Stokes Property Owner: First Baptist Church of Morita Vista � I�ocation: 21971 MoClellan Road Parcel Area: 2.07 Acres i SF7CI'ION III: QOrTDITIONS A�TIS"I'II2ID BY � P'UBISC WI�RKS DEPAR'Ii�l'I' 1. SIREET WIDII�TING Street widening within the pro�osed subdivision and half street impravements for MoClellan Road aryd dedication s�all be provided in aocordanoe with City star�dards arid specifications at�d as required by the City IIigineer. I The applicant will be responsible for removal of the existing San ( Fernando Avenue kulb, reconstruction impravements including reoonstruction of front yard.s damaged during this work and all oosts associated with possible ab�andorrme.nt of lands to gain aocess to the subdivision. The entry aligrmtent for lots 4& 5 shall be oonfigured to allow I retention of the e�sting 15" spruoe tree specimen which within the right of way. The applicant will oca�lete street i�rovements (widening) on San ' Fernando Avenue at the Blackberry Farm entranoe to the satisfaction of the City �gineer. � 2. CtJRB AND GCTITII2 Curbs and gutters, sidewa]ks and related structures shall be installed in acoordarx� with grades aryd standards as specified by the City Engineer. 3. S'I'REEI' LIC��TING INST��A'1'TON � Street lightirig shall be installed and s�all be as approved by the City �gineer. Lighting fixtures shall be positioned so as to preclu,cle glare and other forms of visual interferetx�e to adjoining properties, and shall be no higher than the maxim�m height permitted by the zone in which the site is located. 4. FIRE HYDRAN'I Fire hydrants shall be located as required by the City. ( 1 � Resolution No. 4272 (5�II�I-90) 06/25/90 Page -3- ( 5. TRAFFIC SIGNS Traffic oontrol signs shall be plaoed at locations specified by the City. ► 6. S'I'REET 'I�2�S Street trees shall be planted within the Public Right of Way and shall be of a type appraved by the City in a000rclanoe with Ordinanoe 125. 7. G�DING Grading shall be as approved ar�d required by the City �gineer in acoordanoe with Ordinanoe 125, ar�d in aocordanoe with the final geotechnical analysis. Grading activity near and below the t.op of � bank for the adjaoent Stevens Creek riparian oorridor shall be further restricted as provided in Condition 17 of this Resolution. � 8. DRAINAGE Drainage shall be pravided to the satisfaction of the City �gineer. 9. RETAIlVING V�L�LS � Retaining walls required along the east praperty line, if any, shall be installed by the developers at their expex�se as part of the subdivi.sion improvem�nts. � 10. iIND�UND UI'ILITIFS ' The developer shall c�oanq�ly with the require�ments of the Urydergraund Utilities Ordinance No. 331 an�d other related Ordinance.s and regulations of the City of C`up�rtino, arrd shall coordinate with ` affected utility praviders for installation of undergro�znd utility I device.s. The develaper shall sukxnit detailed plans showing utility undergrautld pravisions. Said plans shall be subject to prior approval of the affec.�ted Utility provider aryd the City F�gineer. � 11. Il�'ROVII�1'I' AGREQ�V'I' The project develaper shall enter into an impro�veent agree�ment with the City of Cupertino praviding for payment of fees, including but not l to checking and inspec,-tion fees, storm drain fees, park dedication fees and fees for w�dergrrnurling of utilities. Said agreement shall be executed prior to issuance of oonstruction ��;ts. � 12. 'IRANSFOFd�R.S I Electrical transformers, telephone vaults and similar above grour�d � equipament enclosures shall be screened with fencing and landsc,apirig or located undergraund such that said equipame.nt is nat visible frcan ' p�zblic street areas. Resolution No. 4272 (5JII�I-90) 06/25/90 Page -4- � 13. AB�TDONID �TII2 WELIS The propexty owner shall seal abar�doned or unu_sed water wells if the City, after oonsultation with the Santa Clara Valley Water District, determines that said abandoned or unu_sed water woells have a patetttial to contaminate � the water supply. CITY IIJGINEE�2' S C�TIFIC'ATE OF ' AG�C,EPTANCE OF IIJGIl�ING/S�ING QONDITIONS (Sec.�tion 66474.10 CA. Gov't. Code) I herel�i certify that the engineering and surveying conditions specified in Sec,-tion III of this Resolution conform to generally ac�oepted engineering practice.s. i h Travioe Whitten, Asst. City Fhgr. RCE No. 20363 SE)CTION IV: QONDITIONS AI�1IS1'ERID BY � UCNA�UNITY DEVELpPN�V'I' DEPT. ( 14. APPROVID �IIBITS The recc�rnmeaX7ation of appraval is based on the Tentative Map diagram depicting eight (8) lots, revision dated 06/20/90, as said diagram appears ' in file 5�IiK-90 exoept as may be ame.nded by the Conditions coritained in this Resolution. ( 15. N�ODIFICATION OF APPRC�VID DEVEUOPN�I''r PLAN In the event that the applicant or subsequent property vwrier shall desire � to make ariy minor changes, alterations or amenc�inent of the approved � developanent plan, a written request or revised develop�nent plan shall be su�nitted to the Director of Planning arrd Develo�eme.nt. If the Director makes a f irtding that the c,hanges are minor aryd do not result in a matexial affect upon the appearance or func�tion of the project, said chariges may be oertified on the revised plan. If approval of said changes is withheld, the applicant may appe.al to the Plannirig CwYmiission. � If the Director finds that the requested changes are material, such changes shall be referred to the Planning Coanmtission for approval. If the changes I are denied by the Planning Ca�nnission, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If said changes are approved by the Plannirig C:oarnnission, an appe.al may be , made to the City �il by any interested party. F�rther, ariy Member of the City Ca.uicil may request a hearirig before the City C�il re�garding � said appraved changes. Said request shall be made within ten (10) days frosm the date of appraval of said changes by the Planning Canunission. Resolution No. 4272 (SJII�!-90) 06/25/90 Page - ' 16. SIIS�IIC AND GE�]OIIOGIC HAZARD.S An in-depth geotechnical study for the proposed develo�.nt must be � provided to the city prior to issuanoe of gradirig peYmits outlining reoc�m�eru7ations for drainage, fa.uydations, grading and mitigation of � existing geotechnical proble�ns. The precise geotechnical investigation shall be prepared in a000rdanoe with direction of the City Geologist, who shall apprave its content ar�d reowrnner�d,ation prior to oo�nnence of site i preparation work. 17. RESTRICl'ION ON SIAPE DISIVRBANCE The property owner shall reoord a deed restriction on Paroels 5, 6, 7 and 8 which shall preclude modification of the existing lar�d contours and destruction of vegetation, and which shall prohibit grading activity for ariy purpose dvwnslape of the 359' elevation line. The deed restriction � shall expressly prohibit dtunping of excavated soils froam other areas in the subdivision on the creek bank. ' Thi.s restriction shall not preclude cca��pletion of reforestation activity required under Condition 19 of this Resolution. However, the deed ( restriction shall pravide that only hand tools may be u��ed on the slope � bank for planting and cultivating replacement ve�getation. ( If the property owner requests the �rtunity deviate frcan the requireme.nts of this cor�dition, such request shall be placed before the Plannirig Ccarnnission as an advertised public hearing, duly noticed in a000rdanc:e with Prooedural Ordinanoe 652, with the Cwrnmission's � reoaaYUnendation forwarded to City C�ancil for final consideration. 18. OOVII�TANT RF7GARDING DEVEIAPN�1'I' RDGULATIONS ( The develaper shall record a c�wenant on each lat to be transferred informing future lot purchasers of the existence of geologic hazards in the area, and additionally, that special devel�zt regulations apply to any construction on the lots. 19. DEVECDPNIF3�T STANDARDS A) Solid Board Fencina: Solid board fencing shall nat be allcywed belcxa the 359 foat elevation. B) Reforestation: Develop�nent belaw the 359 ft. elevation shall be limited to deaks� spas. and nonpermanent structures. Covered and/or enclosed private recrre�tion structures shall be exclu�ded. A detailed � land.,scape/reforestation program for the slo��ed area on the west portion of the subdivision shall be appraved by the Architectural aryd Site Approval Cc�nnittee prior to issuanoe of the building permits. The intent of said program is to hinder vie�ws frcen BlacJ�beY Farm and to reduoe erosion. The program shall prooeed a000rdirig to the following direction: � -�asize use of fast growing specime.ns that will hinder views of the structures kuilt within the subdivision within three years after develo�it is �q�leted. - Reforestation principles shall not vonflict with the health of the coast live oaks detailed in Corydition 20 of this resolution. Resolution No. 4272 (5�IM-90) 06/25/90 Page -6- ' 20. 'IREE PFtESII7VATION A) 'IREtEES 'I+O BE PRFSIIZVID The 72" Oak tree on prol�osed Lot 2, the 42" Oak tree on Iat 3, and the � 60"/30" Oak trees on L�t 6 shall be retained by the subdivider and by all suocessive . B) UONSII7VATION EASII�IV'I'S i The final map shall indicate the location of c�onservation easeme.nts on paroels 1,2,3 & 6 to ensure preservation of specimen trees. TeYms of easement shall be specified in a separate instnm�ent to be reoorded sinwl.taneously with said final map. The actual oonfiguration of the easements on each lot shall be i established based on the surveyed location of each tree, and the surveyed extexit of the tree canopy to be determined by Staff arid a I oertified arborist_ Public utility ooanpanies shall not be allvwed to trench in the designated easement area nor shall they be allvwed to place wires above the trees and within the easeme.nt. Final tentative map shall reflect a"ric�t of reasonable aoc�ss" for � inspe�.�tion purpose.s by City Staff . c) x�zcizort oF �� �crzc�.s ' The follawing actions which restrict availability of the air/water balance favorable to roat grcxath are prahibited: ( 1) Installation of im�xviaus pavement bexieath the canopy. 2) Installation of frequently irrigated plants (once in two weeks or more frequent). 3) Use of sprir�kler irrigation bene.ath the tree canopies, or irrigation practices which wet the area within 3 feet of the trunk. 4) Use of turf grasses bexieath the canapy. 5) R�emoval of limbs or branches larger than 12" in diameter without a report frcan an ISA Certified Arborist agreed upon by both the property owner ar�d the Ccarnrn�nity Develo�anent Director. 6) Construction of a belvw grade spa or pool inside the drip-line of the tree.s withaut conferenoe with the builder, atyd written directions for pre.servation of adequate root mass of the trees by an ISA Certified Arborist agreed upon by the property vwner and the C�ni.ty Develap�nent Director. 7) Construction which causes the remaval of more than 15� of the absorbirig root mass of any tree . � 8) Change of soil grade bene.ath the canopy, atyd within 10 feet of the �'Y• � ' Resolution No. 4272 (5 06/25/90 Page -7- � D) RDC)ONIl�TDID PRAGTIC�.S 1) Activities applicable to all specimens to be preserved: a) F�ploratory drilling shauld oocur for pier plaoement of � structures within 10 feet of trunk. If 4-inch diameter or largex roats are enoauntered, piers shauld not be plaoed or drilled. b) Mairitenarioe of a pest control program to prevent life-threatening � damage by insects or diseases. This program should include integrated Fest Management principals when practical. c) Tree cuttir�g auast be done by an ISA Certified Arborist or Tree Climber. d) �cecution of a written stat.ament by the general contractor, prior to release of builduig permits, that oonstruction personnel will not re�mave, cut, break or damage any portion of the tree during their work on site, aryd that they will nat d� effluent ► materials within 50 feet of a tree trunk, to include concrete truck washing, concxete slurry, paint or paint thinner, ` fiberglass or fibesglass solvent materials or other chemicals. e) Installation of protec.�tive barriers prior to issuance of gradirig permits, and subject to inspeation by City Staff prior to I t of site work. Specifications for said devioes and F their precise location beneath each tree shall be specified by � the project arborist. Prote�ion devices shall remain in place for the duration of oonstruction activity. � f) An ISA Certified Arborist must be present during the follawing activities: Removal of parking lat blacktop ` -Installation of tree protec,-tion barriers Root oollar cleaning prior to oocupancy. -Demolition of existing structures. ( 2) Activities a�plicable to 72" Oak on Lot 2: a) Cable tree to prevent splitting at major junc-tion of all major limbs prior to oocupancy. 3) Activities a,pplicable to 42" Oak on Lot 3: a) Cable tree to prevent splitting at major junction of all major limbs prior to oocupancy. b) S'�ilrsurfaoe fertilize using supply of 600 gallons of fertilizer/water mix; 4 potuxls Gree.nbelt 22-14-14 per 100 gallon of water prior to issuanoe of building ��+;t. 41 Required deckinct a) At the precise develop�nent plan stage, decJcirig must be outlined ( on the plans within the oonservation easement protecting the trees. 'This decking sh,all be a mininn�m of 10 ft. - 15 ft. fr�n � each of the protec-ted tree trunks ar�d must exte.r�d at least to the end of the tree canopies. 'The exact ama�uit of space between the trunk arrd the decking shall be detennined by Staff and a � c�rtified arborist and cannot be less than 1/3 of the total tree carx�py area . Resolution No. 4272 (5�IM-90) 06/25/90 Page -8- t E) RFSTRIGTION ON TREE RII�VAL The subject condition is inte.nded to ensure the greatest chance for long te.rm survival of the specimen trees identified for retention. Hc7wever, in � the event that ariy such trees nuast be removed due to irreversible disease or hazardaus corydi.tions, as determined by the CwYUmunity Develo�ement � Direc,�tor in oonsultation with a oertified arborist, said tree remaval permit shall be issued with the e�licit oor�dition that use of the spac�e beneath the canapy of said tree shall be restric.�ted in the same manner as ` if the specimen tree was still pre.s�nt. The intent of this pravision is to remove ariy incentive to intentionally harm or weaken the tree such that its removal would allvw for use of the underlying land for activities, such as installation of pools or water-intensive lar�dsr.aPincJ, which wauld otherwise be precluded. 21. DFMOLITION R�QUIRII�1'I' i All existing structures on the site shall be removed prior to or ( concurrently with project construction. The dev+eloper shall asstm�e the responsibility to obtain all required deYrolition permits in acoordance with I City Ordinanoes ar�d arborist prot�ection guidelines. � 22. IAT DIl�JSION AD�T[JS�I�S Staff shall retain the option to effect minor adjustment of the lat � dimensions for purposes of ensuring adequate building spac�e without harm to retained specimen trees. ' 2 3. ON-SITE PARKING RE]QUIRII�VrI' Paroels 4 and 5 are required to have a reciprocal driv�way easement. This � easement shall extend the length of the two flag stems to the garage doors of each paroel. This area n�ust provide for 6 parking spaoes, the design of which is to be determined by Staff. This easement does not change the � requirement of t�a�o garaged spaces per paroel. PASSID AND ADOPTID this 25th day of June, 1990, at a Regular Meeting of the Planning Co�nnission of the City of Cupertino, State of California, by the follawing roll call vote: AYES: OONIl�IISSIONERS: Adams, Fazekas, Mann, Vice-C�airman MacJcenzie NOES : �IISSIONII2S : None � ABSI'AIlJ: �SSIONIIZS: None ABSIIVT: �SSIONIIZS: Chr. Claudy � P,PPRAVID: , ATl'F.S"I': /sf Robert Cvwan �s/ Don Mackenzie � Robert Cowan Don Mackenzie, Vice-Chairman ' Director of Coa�urnanity Develapament Gtxpertino Planning Cc�mLission