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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 - 1 - 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 Page - 4 - 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 Page - 5 - 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