Reso 0917 . 12-Z-71
RESOLUTION N0. 917
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE APPROVAL OF a change in zone of
4.6 acres from R1-7.5 to P(Planned Development)
with residential intent
APPLICANT: Utah Homes, Inc.
ADDRESS: 2160 Forest Avenue, San Jose, California
SUBMITTED: June 4, 1971
, LOCATION: East side of North Blaney Avenue, approximately
500 feet north of Merritt Drive
ZONE: R1-7.5
AREA: 4.6 acres
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CONDITIONS:
1-14 Standard Conditions to the extent that they do not conflict with
the special conditions enumerated herein. In the event a conflict
does exist, the special conditions as enumerated herein shall apply.
15 The total area of individual lots plus common area usable for
recreational purposes, but excluding common area for parking and
traffic, in square feet, shall be at least 5,000 times the
number of dwelling units. The number of dwelling units shall
not exceed thirty-one (31).
/ 16 Al1 buildings, fences, streets and other roadways, parking
areas, landscaping and other facilities or features shall be
located substantially as shown on the development plan labeled
Exhibit B.
17 The pavement, curbs, gutters and storm drains of the privaCe
street stiall be constructed to the standards of City streets,
subject to the approval of the City Engineer, except that the
City Engineer may permit modifications recommended by a licensed
engineer and subject to City inspection.
18 The private street and the major walkways shall be lighted to
an intensity according to good engineering practices and
standards for the purposes intended; the type and location
of e"lectroliers subject to approval by the Architectural and
Site Approval Committee.
19 There shall be a system for the naming of the private street
and for address numbers, subject to approval by the Building
Department after consultations with the Postmaster, the Central
Fire District and the County Communications Office.
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Cit:y of Cuperti.no
Califor.ni.a
R�SOLU1'.T.ON OF Tll}: YLA�;NING COiL�1I5.�I0.� OP THE CITY OI' Clil']�RTI;�O RECO��1:�i1:;�DIi:G
TFiL' GP�.N'fIi�:G OF A 'LO;:I: (;11�1:1'GI:
W1iEREAS the at�ached appl.ication has l;een submitCed to the City of
Cupertino requesting a change of zone in the zoning regulations of the City,
as stated on Page 2; and '
W�iEP.EAS the Pl.anning Commission has held at least one public hearing
.' in regard to the application on the date as noted on said application; and
WHER�AS the Planning Commission has duly considered and heard alI
evidence submitted in regard to said application; and
WHEP.EAS the necessary public noCices have been given as required by
the Zoning Ordinznce of the City of Cupertino; •
' I30�d, THEREFORE, BE IT :ZESOLVED:
That the Planning Cor.lmission finds that the proposed zone change:
a) Encourages the most appropriate use of lar.d,
b) Conserves and stabilizes the value of property,
c) �Provides for adequate open spaces for light and air,
d) �ermits adequate control of fires, •
e) Promotes the health, safety and public cae?fare,
f) Provides for the orderly development of the City,
g) Is advantageous to the property and improvements in the zonina
.district and neighborhood in which ttie property is located
That said Planning Commission, therefore, reports favorably to the City Council
in the matter of granting said zone change.
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, Resolution No. 917 (continued) 12-Z-71
Conditions (Continued)
20 City Ordinance No. 276 regulating parking af trailers, repairing
vehicles, etc, shall apply to ttie private street and to all
parking along said street. The parking of r.ecreational vehicles
such as boats, trailers, etc. shall be prohibited throughout
the entire development unless said parking is wit�iin an encloseu
structure. Vehicular curb parking along ihe private street
shall be prohibited except in designated areas subject to the
use permit procedure. Appropriate "No Parking" sign shall be
installed by the applicant.
21 Removal of any trees on the site shall be subject to approval
of the Architectural and Site Approval Committee.
22 Improvements of the common areas shal.l be completed by the
developer and shall be subject to bonding and other procedures
in the same manner as required for street improvements by the
SuUdivision Ordinance. The common areas shal.l be deecled to an
association of the homeowners for whose benefit the conimon
area is set asid�; deveiopment r..i.gii�s, as defined in Section
16.13 of Ordinance No. 220(e), shall in this case be dedicated
to the City.
23 Maintenance of the common areas shall be the responsibi�Lity of
the homeowners association to �ahich the common areas are deeded.
In the event the private road, driveways, parking areas, walkways,
landscaping or buildings are not maintained to ap�Iicable City
standards, the City may, after notice and public hearing as set
forth in Ordinance 002(a) Section 5.3, effect the necessary
maintenance, with the cost therefor to be a lien on the property
in the same manner as set forth in tY:e Weed A.batement Ordinance
of the City of Cupertino.
24 The owner of the development will be required to participate in
the initiation of a City ordinance to make the private street subject
to the Vehicle Code, under the provisions of Section 21107.7 of
said Code; provisions of said ordinance subject to approval of the
enforcing agency.
25 To assure that the open space shall be available for the entire
development, the development riglits to the common areas shall be
dedicated in advance of the issuance of any building permits.
26 Prior to recordation of the Declaration of Covenants, Conditions
� and Restrictions by the developer, said declaration shall be
reviewed by rhe City Attorney to determine its compatibility
with the intent and conditions as set forth herein. Any changes
in said declaration shall be subject to the approval of the
City Council.
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