Reso 0928 , 17-Z-71
" RESOLUTION N0. 928
OF THE PLANNING COMMISSION Or THE CITY OF CUPERTINO
RECOMMENDING THE GRANTING OF A REZONING of approximately
37.45 acres from R3C-2.2 (Multiple-family Residential
Cluster) to P(Planned Development) with R1C (Single-
family Residential Cluster) use intended.
APPLICANT: Ditz-Crane
ADDRESS: 2295 De La Cruz Boulevard, Santa Clara, California
SUBMITTED: July 2, 1971
LOCATION: Southwest corner of Homestead Road and Blaney Avenue
AREA: 37.45 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 re-
creational purposes, but excluding common area for parking and
traffic, in square feet, shall be at least 3100 times the number of
dwelling units. The number of dwelling units shall not exceed four
hundred and twenty two (422).
16 All buildings, fences, streets and other roadways, parking areas,
landscaping and other facilities or features shall be located sub-
stantially as shown on the development plan labeled "Exhibit B,
2nd. ReviSion".
17 Al1 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, 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.
19 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 electroliers
subject to approval by the Architectural and Site Approval Committee.
20 The 24-foot wide roadway of the private street plus a 5-foot wide
strip on each side shall constitute a 34-foot -��ide public service
easement; other �ublic service or utilities easement may be incor-
porated in the plan. "
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' Resolut�on No. 928 17-Z-71
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CONDITIONS (continued):
21 There shall be a system for the naming of the private street and
for address numbers, subject to approval by the Building Department
afrer consultations with the Postmaster, the Central Fire District
and. the County Communications Office.
•� 22 City Ordinance No. 276 regulatinp parking of trailers, repairir.g
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 within a fenced and landscaped
area. Vehicular curb parking along the private street shall be
_ prohibited except in designated areas. Appropriate "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; provisions 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 Improve��ents of the common areas shali be completed by th4 developer
and shall be subject to bonding and other procedures in the same
manner as required for street improvements 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 Commission
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 buildings 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 property in
the same manner as set forth in the Weed Abatement Ordinance of
the City of Cupertino.
28 To assure that the open space shall be available for the entire
development, the development rights to the common areas shall be
dedicated to the City of Cupertino in advance of the issuance of
any building permits.
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�Resolution No. 928 17-Z-71
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• CONDITIONS (continued):
29 Prior to recordation of the Decl�ration of Covenants, Conditions
and Restrictions by the developer, said declaration 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 sub3ect 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 ap�roval of the City Attorney.
" 31 A visual barrier shall be constructed around the areas designated
as trailer parking.
32 2.7 parking spaces shall be provided for each dwelling unit. The
provision of said parking shall be accomplished in a manner that
� will not decrease the open space as indicated on the approved
Development Plan.
33 Fenced patios shall be a minimum of 10 feet from the edge of the
- • pavement on private streets; the minimum distance between opposing
fenced patios shall be 20 feet. The minimum distanc� between
buildings and the private street travelways shall be 10 feet.
34 A qualified acoustical engineer shall design a sound barrier
between the peripheral road and the freeway right-of-way.
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 inter.ests
of owners of property within or adjoining the development 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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}:I;SOl.U7'�O:I 01' 'I'lli: !'I.i1;�:�1,;G CO;�'.'•115:�l.U:+ OP TI11: CITY OI� Cli1'I:1:TIi�O I:]?CU:•f:•1Ij::1)I::G
'TIIL G::��.:�7'I;:C OF :!1 '1.0;;i: C}1,1.'.c;i�: ,
WiIERi'.115 t.he at:c�ched ap��li.c,�Zion h��s 1���.en sul�mittc:d Co the City of
Cupertin�� reqiic�ti»�; a ch�n�;e of •r.one in the zonin�; rc�;ulati_ons c�f the Ci ty,
as stat:ed an I'�i�;c 2; and ,
WHJ:I:I;AS Ct:c� I'l an;�a.n ; C��mi ssi.on has he? d at leas t one public heari.r�;;
,' in r.e�;ard to the appl:i.cation on the date as noted on sai.cl app].i.cati.on; and
t�?}13:RI;�1S the I'lannin� Cat^�:;i� l�as ctul�; consi dc�rec] and 1YC�ard all
evidence si�bmitted in re��rd t� said appli.cat�_ot�; ai�cl
WHE;:E:15 the necrssary public notices have been gi_ven as required by
Lhe LOIlll1� O1C�].I1�110E' of the Cit:y of Cuper.ti_no; . � •
' I�Ot�1, TIIEREI'OIZE, F3„ IT 1:ESOLVi:ll:
That thc Ylannin� CUi:.:i115S10I1 finds that Lhe proposed zo:�e chan�e:
a) Encour.a�;es tlie rr,ost appl-opriate. i�se of land,
b) Conserves and stabi.lizes the va]_ue of property,
c) yrovi.des for adequate open spaces for J.l�t1L' c311CI air,
d) Permits adequate control of fires, • �
e) Promotes the health, safety and publ�.c caelfare,
f) Provides for the orderly developi�c:nt of t��e City,
g) Is advantaoeous to the property and ir,iprov�ments in tii�� 20I71:1?
district and neighborhood in cat�ich the prop��rty is located
That said Plannin� Coir,missi.on, therefore, reports favorabl}• to the City Council
• . in the matter of grantin� said zone ch�nge.
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