Reso 2969 16-TM-86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 2969
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE PARCEL MAP FOR SUBDIVISION OF
AN EXISTING 0.7 ACRE SITE INTO FOUR LOTS RANGING IN SIZE
FROM 6,600 SQ. FT. TO 8,700 SQ. FT.
SEC1'LON 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.
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
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RESOLUTION No. 2969 (16-TM-86) 10/13/86
Page - 2 -
BE IT FURTHER RESOLVED
That the subconclusions upon which the findings specified in this
Resolution are based are contained in the Public Hearing record concerning
Application 16-1M-86, as set forth in the Minutes of the Planning
Commission Meeting of October 13, 1986, and are incorporated by reference
as though fully set forth herein.
SECTION II: DESCRIPTION OF APPLICATION
Application No. 16-TM-86
Applicant: DEBCOR Corporation
Property Owner: Same
Location: West side of Stelling Road, 175 ft. south
of Orogrande Place
Parcel Area Ac: .70 net
TENTATIVE MAP To subdivide one (1) existing parcel into four (4)
lots ranging in size fLum 6,700 sq. ft. to 8,700 sq. ft.
SECTION III: CONDITIONS ADMINISTERED 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. 2969 (16- M-86) 10/13/86
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 provided to the satisfaction of the City Engineer.
Surface flow across public sidewalks may be allowed in R1, R2, and
R3 zoning unless storm drain facilities are deemed necessary by the
City Engineer.
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
Engineer.
9. UNDERGROUND UTILITIES
The applicant shall be responsible for complying with the
requirements of the Underground Utility Ordinance No. 331 and other
elated 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 Engine r.)
SECTION IV: CONDITIONS ADMINISTERED BY THE PLANNING DEPARTMENT
10. APPROVED EXHIBim
The approval is based on Exhibit A of Application 16-IM-86 except as
may be amended by additional conditions enumerated herein.
RESOLUTION No. 2969 (16- M-86) 10/13/86
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11. AGREEMENTS
The applicant shall be responsible for completing the site as shown
on the approved plot plan and shall be required to enter into a
developmelt 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.
12. FTFCTRICAL AND TELEPHONE TRANSFORMS ZS
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergrounded, such that they are not visible
fLum public street areas.
13. TREE PROTEC fiON PLAN
The applicant shall provide an evaluation by a Landscape Architect
or Arborist of the condition of the existing specimen trees on the
subject property which are depicted on Exhibit A of Application
l6-TM-86. The evaluation shall be used as a basis upon which to
select as many of said specimens as possible for retention.
Final approval of the plan for retention and removal of specimen
trees shall be granted by the Planning Director prior to recordation
of the final map. Said plan shall include an evaluation of the
affects of construction activity upon the trees and shall detail
measures to ensure their survival, in accordance with Ordinance 778.
14) PRIVATE DRIVEWAY COVENANT
The applicant shall record an appropriate deed restriction and
covenant running with the land for all parcels which share a common
driveway or private roadway with one or more other parcels as
depicted on Exhibit A of this application. Said deed restriction
shall provide for necessary reciprocal ingress/egress easements to
and fL.uu the affected parcels. 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.
15) RETAINING WALL INVESTIGATION
Prior to reordation of the final map, the subdivider shall obtain
approval of the City Engineer for continued maintenance of all
retaining walls existing at the boundaries of the subdivision. The
City Engineer may require repair or replacement of said retaining
walls, upon determination that they are damaged or unsafe, prior to
recordation of the final map.
RESOLUTION No. 2969 (16-Th1-86) 10/13/86
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16. SETBACK EASEMENT
The final map shall record a setback easement line on lots 1 and 4,
equal to 12 ft. measured fruit the edge of the driveway access
easement.
17. STELLING ROAD ACCESS
Lots 1 and 4 shall not have arr.ess to Stelling Road other than by
the driveway easement which serves lots 1 and 2.
PASSED AND ADOPTED this 13th day of October, 1986, at a regular meeting of
the Planning Commission of the City of Cupe tino, State of California, by
the following roll-call vote:
AYES: COMMISSIONERS: Adams, Claudy, Mackenzie, Sorensen, and
Chairman Szabo
NAYS: CSSIONERS: None
ABSTAIN: COMNIISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
/s/ Robert Cowan /s/ Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission