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Reso 2970 12-'IM-86 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2970 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A SUBDIVISION CONSISTING OF TWELVE (12) PARS S RANGING IN SIZE FROM 7,500 SQ. FT. TO 10,000 SQ. FT. LOCATED IN THE NORTHEAST QUADRANT OF MCCLELLAN ROAD AND STELLLING ROAD 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 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 are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and 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. 2970 (12-TM-86) 10/27/86 ti 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 in Section III; and RE 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 12-AIM-86, as set forth in the Minutes of the Planning Commission Meeting of October 27, 1986, and are incorporated by reference as though fully set forth herein. SECriON II: APPLICATION DESCRIPTION Application No(s) 12-TM-86 Applicant: H.W. and Associates Investment Company Property Owner: Marvin and Patricia Weber, et. al Parcel Area (Ac) : 3.2 gross SECr'ION III: CONDu.1ONS AEMINISTERED 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. 4. FIRE HYDRANTS Fire hydrants shall be located as required by the City. RESOLUTION NO. 2970 (12-TM-86) 10/27/86 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 Engineer in accordance with Ordinance No. 214(a) . 8. DRAINAGE Drainage shall be to the satisfaction of the City Engineer. Surface flaw across public sidewalks may be allowed in R1, R2, and R3 zoning unless storm drain facilities are deemed necessary by the City EnginpPr. 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 Enginc'r'r 9. UNDERGROUND UTILITIES The applicant shall be responsible for complying with the requirements of the Underground Utilit- Ordinance No. 331 and other elated ordinancPs and regulations or 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. OFF-S1'i'r. DRAINAGE FEASIBILITY Prior to approval of the Final Map, the applicant shall demonstrate to the satisfaction of the Director of Public Works that the positive overland drainage system depicted on Exhibit A of this application can be implemented with appropriate off-site easements, or through other means deemed appropriate by the Director of Public Works and/or City Council. RESOLUTION NO. 2970 (12-tIM-86) 10/27/86 Page - 4 - SECTION IV: CONDilaONS ADMINISTERED BY THE PLANNING DEPARTMENT 11. APPROVED EXHIBi'15 That the approval is based on Exhibit A 3rd Revision of Application 12-TM-86 except as may be amended by additional conditions enumerated herein. 12. 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. 13. FTECTRICAL AND TELEPHONE TRANSFORMERS Electrical and telephone transformers shall be screened with fencing and landscaping, or undergrou ded, such that they are not visible from public street areas. 14. DEMOLITION REQUIREMENT The applicant shall remove all existing structures prior to recordation of the final map; or post a bond or other financial security (acceptable to the City) guaranteeing their removal prior to issuance of any building permits. If the applicant elects to post a financial security and remove the structures prior to issuance of building permits he/she shall record a covenant, or other acceptable legal instrument precluding transfer of ownership of any individual parcel until the structures are removed. 15. TREE PROTELriON PLAN The applicant shall comply with the recommendations outlined in the tree protection report from S.P. McClenahan Company dated August 20, 1986. However, the Pepper, Black Walnut and Fir identified in the report as being on Lots 2 and 3 shall be removed. The Crpr3a RESOLUTION NO. 2970 (12-IM-86) 10/27/86 Page - 5 - identified as being on Lot 3 (Lot 10 of Exhibit A 3rd Revision) may be removed at the applicant's discretion. The applicant shall provide more detailed information on the tree protection barriers and protection of tree root systems prior to issuance of building permits. These shall be subject to staff approval. Staff may require additional review by a Landscape Architect or Arborist if deemed necessary. 16. MCCLELLAN ROAD WALL AND LANDSCAPING The applicant shall install a masonry wall along the property line on McClellan Road and shall landscape and irrigate the area between the wall and the sidewalk. The wall shall be of an attractive textured (decorative) material acceptable to the City staff. (An example of an acceptable treatment is the rock faced wall installed on the BAS Homes development on Foothill Boulevard) . If the wall is 6 ft. or less, measured fran highest adjoining finished grade, it may be placed on the property line. If greater than the 6 ft. in height (not to exceed 8 ft.) , the wall shall be set back 5 ft. fmn property line. A maintenance district or other legally binding maintenance arrangement shall be made such that property owners of the 12 lots , in whole or in part, are responsible for maintenance of landscaping between the public sidewalk and masonry wall. The developer agreement for municipal improvements shall include the cost for installation of the said wall and landscaping. PASSED AND ADOY1 ) this 27th day of October, 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: Adams, Claudy, MacKenzie, Sorensen, and Chairman Szabo NAYS: COMMISSIONERS: None ABSTAIN: COMHIISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: /s/ Robert S. Cowan /s/ Nicholas Szabo Robert S. Cowan N:.:holas Szabo, Chairman Planning Director Planning Commission RS012'IM(B-6)lvm