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Reso 4039CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4 0 3 9 OF I PLANNMG Vie, I `I •' , OF 1 OF CUPERTINO APPROVING E; n• SUBDIVIDING ONE PARCEL INTO FOUR PARCELS SECTION Io 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 WE3EREAS, 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 '- applicationo and WHFMEAS, 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 Plano a b) That the design or improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plano c) That the site is physically suitable for the tripe 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 envi.rcrormiental. 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 arsons 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, HE IT RESOLVED: That upon careful consideration of reaps, 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 Resolution No. 4 0 3 9 (11-IM 88) 08/08/88 Page ®2- I _ 00 tV 12M. • • ate That the subconclusions upon which the findings and conditions specified in this Resolution are base are contained in the Public Hearing Record concerning Application 11-M 88, as set forth in the Minutes of the Planning Ccamnission Meeting of August 8, 1988 and are incorporated by reference as though fully set forth herein. II. PROJECT DATA Application No(s) 11--TM-88 and 31®EA-88 Applicant: James Co Chen & Associates Inca Property Owner: Eugene C.L. Lai Location: West side of Miller Ave. approximately 200 ft. north of Atheraood Avenue +�' s a e 0 &11 ai• N -01 UNW, % JIJ ;J 0 to a I ;O - ,. 1. STR:&'ET WID=G Street widening, improvements and dedications shall be provided in accordance with City standards and specifications and as required by the City Engineer. 2. CURB AND GUTII±R IMPPDVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STRUT LIGFi'TING INSTAL T=0N Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so tas to preclude glare and other forms of visual interference to adjoining pries, and shall be no higher than the maximum height permitted by the zone in which the site is located. Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City: 6. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with ordinance 125. Resolution No a. 4 0 3 9 (11-Tit-88) 08/08/88 Page -3- Grading shall be as approved and required by the City Engineer in accordance with ordinance 125. 8. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks nay be allowed in the R-1, R-2 and R--3 zones unless storm drain facilities are deed necessary by the City Engineer. Development in all other zoning districts shall be serve 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 satisfactionof the City Engineer. 9. UNDERGROUND UTILITIES The developer shall. comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans ,showing utility underground provisions. Said plans shall be subject to prior approval d of the affected Utility provider and the City Engineer. The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fps, park dedication fees and fees for undergroun Lng of utilities. Said agreement shall be executed prior to issuance of construction permits. 11. TRANSFORMERS Electrical transformers, telephone vaults and similar afire equipment enclosures shall be screened with . fencing and landscaping or located underground such that said equipment is not visible from public street areas. IV. CONDITIONS ADMMISTERED BY THE PLANNING DEPARTMENT 12. APPROVED EXHIBITS The recoYmnendation of approval is based on Exhibit A, except as may be amended by the Conditions contained in this Resolution. Resolution No. 4039 (11.--TM®88) 08/08/88 Page -4- The applicant shall provide a plan for preservation of the existing specimen trees on the subject prcperty. Said plan shall include graphic depiction of protection devices to be installed along the dripline perimeter of each tree for the duration of construction activities. The plan shall include a written report from a consulting arborist or landscape architect, whose selection shall be approved by the Department of Planning and Develo nt prior, to preparation of the report. Said report shall detail measures to be taken to ensure the survival of said specimens during and after construction® If the. tree consultants finds that a tree cannot be saved,, the Planning Director shall have the authority to approve it's removal. Said tree shall be replaced by two, 36 inch box specimen trees. The replacement trees shall be installed in a publically visible location. Subsequent purchasers of individual lots within this subdivision shall have the discretion to retain or remove the existing trees. All existing structures on the site shall be raved prior to or concurrently with project construction. The developer shall assume the responsibility to obtain all required demolition permits in a accordance with City Ordinances. The property owner shall seal abandoned or unused water wells if the City, after consultation with the Santa Clara Valley Water District, determines that said abandoned or unused water wells have a potential to contaminate the water supply. The approval of this map is contingent upon approval of a'zone change to an R.1-6 designation. If the zone change is not granted, this approval shall be null and void. PASSED AND ADOPTED this 8th day of August, 1988 at a Regular.Meeting of the Planning Ccamission of the City of Cupertino by the following roll call vote. AYES: COMMISSIONERS: NAYS.,COMMISSIONERS: ABSTAIN., SSIONERS: ABSENT: SSIONERSa ATTEST o APPROVED. Isl Robert Cowan Isl Laugralee Sorensen Robert Cowan %auralee Sorensen, Chairwcman _Director of Planning Cupertino Planning C=mission RSO11TM88 (P10)