Reso 0919 . 13-Z-71
RESOLUTION N0. 919
OF TH� PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE GRANTING OF A PREZONING of 43.1
acres from County A1-40 (Single-family Residential-
Agricultural 40,000 square foot lots) to P(Planned
Development) wiCh residential use intended.
APPLICANT: Carl N. Swenson Company, Inc.
ADDRESS: 777 North First Street, San Jose, California
SUBMITTED: June 4, 1971
LOCATION: Southerly of and adjacent to Stevens Creek Boulevard, _
approximately 1600 feet west of Foothill Boulevard.
AREA: 43.1 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 individu�l lots plus comnion area usable for recre-
ational purposes, but excluding common area for parking and traffic;
in square feet, shall be at least 8,300 times the number of dwelling
units. The number of clwelling units shall not exceed two hundred
and e.leven ( 211) .
16 All buildings, fences, streets and other roadways, parking areas,
lanciscaping and other racilities or features shall be located sub-
stantially as shown on the development plan labeled Exhibit B-
lst, Revision.
17 All public streets shall be dedicated and improved as required by
the City Engineer.
18 The pavement, curbs, gutters and storm drains of the private street
shall be constructed to the standards of City streets, sub�ect to
the approval of the .�ity Engineer, except that the City Engineer �
may permit modifications recommended by a licensed engineer and
subject to City inspection.
19 The private street a�id the major walkways shall be lighted to an
intensity according co good engineering practices and standards
for the purposes intended; the type and location of electroliers
subject to approval ty the Architectural and Site Approval
Committe�. -
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/ Ci.ty of Ctipc�r�i.i�o �
Califor.nl.�i
RESOLU7'jO:�I OP Tfli: 1'Lr1:;:1I?;G CQ�L`IISSI.U:� OI' TI1l; CITY OF' CiIP}:I:TIi�O I:I:CU'.•f:�1L:1DIi:G
T2iE G:'.l:N'1'I��;G OF A GO\1: C11,1::�;i�: '
1�IiEItI:AS t.he at application hzs bcen submitted to the City of
Cuperti.no requesting a chan�� of r.one in thc, zoning r.egulations of the City,
as staCed on Page 2; and
W}iEIZEAS t�:e Pl.aniiin� Commission has helc3 at least one public hearinf;
,' in re�ard to the application on the date as noted on said application; and
l•dHLR};AS the Planning Cor�Mi�sion has ciuly considc�red and heard all
evidence subinitted in regard to said applicaC�.on; und
jvHEI:EAS the necessary public notices have been g�iven as required by
the Zoning Ordinance of the City of Cupertino; . •
' I�'Otd, THEREFORE, �3L IT P�I:SOLVED:
That the Ylanning COi:lIt11SS1.0I1 finds that the pr.oposed zo:1e change:
a) Encourages tlie most appr.opriate t�se of land,
b) Conserves and stabilizes the value or property,
c) Pr.ovides for adequate open spaces for li�ht and air,
d) �ermits adequate control of fires, � �
e) Promotes the health, safety and public welfare,
f) Provides for the orderly developt�enC of the City, �
g) Is advantaoeous to the property and ir,iprovements in the zonin�;
district and neighborhood in wt�ich the 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. 919 13-Z-71
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CONDITIONS (continued): ,
20 The 24-foot wide roadway of the privat.� street plus a 5-foot wide
strip on each side shall constitute a 34-foot wide public service
easement; other public service or util.:_ties easements may be incor-
porated in the plan.
21 There shall be a system for the naming of the private street and for
address numbers, subject to approval bti the Building Department
. after consultations with the Postmaster, the Central Fire Distr.ict
and the County Communications Office. '
22 City Ordinance No. 276 regulating parking of trai.lers, repairing
vehicles, etc. shall apply to the private street and to all parking
along said street. The parking of recreational vehicles such as
� boats, trailers, etc. shall be prohibited throughout the entire
development unless said parking is witliin an enclosed structure.
Vehi.cular curb parking along the private street shall be prohibited
except in designated areas. Appropriate 11 No Parking" signs shall
be installed by the applicant.
23 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; p.rovisions of said ordinance subject to approval of. the
� enforcing agency. �
24 Removal of any trees on the site shall be subject to approval of
the Architectural and Site Approval Committee.
25 Impravements of the common areas shall be completed by the developer
and shall be subject to bonding and other procedures in the same
manner as requir�d for street imgrovements by the Subdivision Ordi-
nance. The common areas shall be deeded to an association of the
homeowners for whose benefit the common areas are set aside; deve-
lopment rights, as defined in Section 16.13 of Ordinance No. 220(e),
shall in this case be dedicated to the City.
26 The common areas shall contain no other buildings or structures
than those accessory to recreational purposes. Any changes of this
status shall be subject to the approval of the Planning Co�mission
and the City Council.
27 Maintenance of the common areas shall be the responsibility of the
homeowners association to which the common areas are deeded. In
the event the private road, driveways, parking areas, walkways,
landscaping or bui].dings are not maintained to applicable City
standards, the City may, after notice and public hearing as set
forth in Ordinance 002(a) Section 5.3, effect the necessary main-
tenance, with the cost therefor to be a lien on the pr.operty in
the same manner as set forth in the Weed Abatement Ordinance of
the City of Cupertino.
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Resolution No. 919 13-Z-71
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CONDITIONS (continued)
28 To assure that the open space shall be available for the entire
� development, the development rights ta the common areas shall be
• � dedicated to the City of Cupertino ir. advance of the issuance of
any building permits..
29 Prior to recordation of the Declaration of Covenants, Conditions
. and Restrictions by the developer, sa�d declrati.on shall be re-
viewed by the 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.
30 The articles of incorporation of the homeowners association and
any other instrument related to said association shall be subject
'to the approval of the City Attorney.
31 Off-street vehicular parking shall be provided based on 4.5 spaces
per dwelling unit, including driveway parking.
32 At the time of consideration of any use permits as required by the
Planned Development zone, the applicant sha11 submit detailed plans
setting forth information relative to any proposed grading of the
� site, as well as a geological repart.
33 The applicant shall make provision for a pedestri�n walkway from
the peripheral street to the southerly property line. Said walk-
. way shall be designed and constructed as approved by the Planning
Commission at such time as the existing undeveloped property to
the south is developed and the pedestrian walkway is extended
� through said property to Voss Avenue.
34 The developer shall participate to the extent of one-half the
cost of installing traffic signals at the entrance to the project
and Permanente Road.
35 If the Planning Director makes a finding that the changes are
minor and do not affect the general appearance of the area or the
interests of owners of property within or adjoining the develop-
ment area, the Planning Director may certify the change on the
revised plan. If such approval is withheld, the applicant may
appeal to the Planning Commission.
If the changes are material, the Planning Director shall submit
said changes to the Planning Commission. If the change-or
changes are denied by the Commission, the applicant may appeal
to the City Council, as provided in Ordinance 002(a) of the
City of Cupertino. �
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