Reso 313 .
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RESOLtTTION N0, 313 File No .: ?_0-Z-6�
OF Z'HE FLANNING COMMISSION OF THE CITY OF CUPERT�IGO FtECOMMEIV'��NG
THE GRA�TTING OF A ZONE CHANGE FROM R-1 to R1C
APPLiCAT3T: CPM Developers, Anthony Guzzardo, Representative
ADDRESS 20065 Stevens Creek Blvd., Cupertino
SL'BMITTED: November 15, 1965 � - -
LOCATION: McClellan Road and Vallecito Road (Horse Ranch)
ZONE: R-1 AREA: 15.25 acres
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wHEREAS, the attached application has been submitted to the Cit�r of
Cupertino requesting a change of zone in the zoning re�ulatior�s of
the City, as stated on Page two; and
WHEREAS, the Planning Commission has held at least one public he�.r-
ing in regard to the application on the date as noted on said
applicat�on; and
ti�'HEREAS, �he Ylanning Commission Yias duly considered and heard all
ev�.dence submitted in regard to said application; ancl
. . WH�REAS, the nece�sary public notices have been gi�ren as required
by the Zoning.Ordinance of the City of Cupertino; and
WHEREAS, the sub,ject property is located in an R-1 zone; and
�JIiERF,AS, a rezoning to R1C normally would allow 78 dwelling units; and
WHERE,AS, the �,pplicant proposes 85 dwelling units with�n the area; and
� WHERE�S, a study of similar one-family developments in t he Bay Area,
with.:the same or slightly higher density, lndicates tha�; a pleasa�t
environment can be created with this density; and
wHEF.�AS, the applican� has met the burden of proof required to sup-
port said application;
y _ NOW� THEREFORE� BE IT RESOLVED:.
A. That the Planning Commission, af�er careful consideration of
maps, facts, Exhibit 1- Site Development Plan, Exhibit 2-
La.nd Use Diagram, F�hib3.t 3- Parking and Circulation Diagram,
Exhibi� 4- Street Sec�ions, and other evidence, finds that
the proposed zone change's
a. encourages the most appropriate use of land,
. b. conserves and stabilizes the value of property,
c. provides for adequate open spaces for 13ght and air,
d,: permits adequate control of fires,
e. promotes the Y�ealth, safety and public welfare,
� f. provides for the orderly development of �he City,
g.: is advantageous to the property and improvements in the
zonin� district and neighborhood in which the property
�is� located. -
B9 That said Planning CQmm3s,sion, therefore, reports favorably to
the City Council in the matter of grarit3.ri� said zone ch�.nge.
Said approval to be sub�ect to "tTie `following variations and
cond�tions:
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Resolution No. 313 File No.: 20�Z-65
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�- 14. (Cf Cluster Ordinance, Sec. 20) The walkway ori the flood
control plain may ha.ve gravel surface. W�lkways on op-
nns�.t..e sides of a street shall be ad�usted where possible,
to facil.l.tate rignt angle crosswalks.
15. (Cf Cluster Ordinance, Sec. 23 & 2�-) The number of dwell-
ing units shall not exceed eighty-five (85), and the total
of Lot Areas and Common Areas shall not be less than six
thousand eight hundred and fifty (6850) sq. ft. per dwell-
ing unit; the Common Areas to include both.areas to be
maintained by a Homeowners' Association and areas to be
,dedicated to the City of Cupertino or to ano.the.r public
. or quasi--public agency. �
16. (Cf Cluster Ordinance, Sec. 25) The Usable Common Area
may include slopes steeper than seven per cent (7 /),
provided that they be landscaped to the satisfaction of
the Architectural and Site Control Committee; it may also
include flood control plain, creeks, and the ornamental
lake,
17. (Cf Cluster Ordinance, Sec. 28) In order solely to accom-
modate design variations, front yards may be reduced to
lzss than the normally required twenty (20) feet,�or the�
may be eliminated entirely. Not more than thirty-eight
_ (38) front yards may be eliminated or reduced to less than
fifteen (15) fee�; in each such case the garage sha.11 have
an automatic door opener, and a parking space shall be
assigned in a Common Area (see Condition 2)� Details
shall be shown in a revised Development Plan,
18. (Cf Cluster Ordinance, Sec. 38) A revised Development
P�an shall be submitted to the Planning Commission not
� later than the �ime when the application for approval of
the Tentative Map is made. Development Plan and Tentative
Map may be combined into one document. Submission of the
proposed text for Covenants may be deferred until the time
when an application for Building Permit is made. Sub-
mission of the required Time Schedule may be deferred
until the time when the application for approval of the
Tentative Map is made.
19. (Cf Cluster Ordinance, Sec. �0) Cross-section of public
streets shall be as shown in Exhibit �. Two four-and-
one-half (�2) feet wide strips reserved for public utilities
shall be included in the right-of-way of public streets;
except that these strips shall be an easement for this
purpos� when they cross a parking area within a Common
Area. The public utility reservations are not intended
for future sidewalks or widening of the roadway; driveway
parking may extend over these reservations, Detailed
representa�ion of McClellan Road may be deferred to the
time when the application for the Tentative Map is made.
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� File No.: 20-Z-
.. . Resolut'ion No. 313 . . _______.._____
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20. (C.�' Cluste��.Ordinance, S"ec, �5) `The applicant may at his
` discretion uti],iz:e.Westinghouse "Promenade'" luminaires
' �j-`890 D520 G13 at , 2b foot, maximum hei.ght,. in lieu of the
normal electroliers. �
_ 23:, {C�'; Cluster Ordin�tnce, `Sec. �7) The .applica�r�t shall no'� be
required to. develo,p th�,area.designated for Common Area to
be dedicated to the`City.of Cupertino, or'to ano�her public
or '.quasi-public agency; �?rovi.ded that the dedication and the
�esponsibility:-to.develop �nd maintain this area is accepted
, by �he City or su,ek� Agency. In the event the dedication is
not accepted by tM.e City, the Developer.must landscape this
area to the satisfaction of the City,. in order to qualify
for 85:units.
22.� Surface easement shal]. be granted to the City on the portion
of the property to be�dedicated to the Homeowners' Associa-
� tion, 2nd a�so on the:property proposed�for dedlcation to
� the City or to another� Public or Quasl-Public Agency as a
recreation area.
� 23, Deed Restrictions are not to be amended without recorded
consent of the City. :
PASSED`AND ADOPTID this 7th day of December, 196"5, at a regular
meeting.,of. the.. Planning Commission of the City of Cupertino, Staf,e
of,California., by the followin� roll call vote: ,
A`_'ES: Gommissioners Frolich, Hirshon, Horgan, : Johnson
NAXS: None�
AnSTA�NI�TG: Commissioner 2raeumer
A�SEN'�':. , None . .
ATTEST:� � APPROVEDt .
;: �
de uri� . � .o.er Jo nson
birector of Planning . Chairman, Planning Commission
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