Reso 0993 . 30-Z-71
RESOLUTION N0 993
OF THE PLANNING COMMISSION OF THE CITY OF CUI'ERTINO
RECOMMENDING THE GRANTING OF A CHANGE OF ZONE
INVOLVING 7.48t ACRES FROM R3-2.2da (Single Family
Residential 2200 sq. ft. lots) to R1C-3.2 (Single
Family Residential Cluster 3200 sq. f t. of land .
area per dwelling unit).
APPLICANT: Mackay Homes
ADDRESS: 1030 Curtis Street, Menlo Park, California
SUBMITTED: October 29, 1971
LOCATION: South side of Homestead Road, 500 feet west
of the intersection of Homestead Road and
Barranca Drive.
AREA: 7.48± acres
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CONDITIONS AND FURTHER rII�TDINGS:
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 £or parking and
traffic, in square feet, shall be at least 3200 times the number
of dwelling units. The number of dwelling units shall not exceed
seventy three (73).
16. Al1 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,
lst. Revision".
17. Ttie pavement, curbs, gutters and storm drains of the private street
shall be eonstructed to the standards of Cit� streets, subject to
the approval of the City Engineer, except that t�ie 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 electroliers
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 Communicatfons Office.
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RESOLUTION N0. 993 (continued 30-U-71
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CONDITIONS (Continued)
20. City Ordinance No. 276 regulating parking �f trailers, 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 within an enclosed area. Vehi-
cular curb parking along the private street shall be prohibi.ted
except in designated areas. Appropriate "No Parking" signs shall
be installed by the applicant.
21. Removal of any trees on the site shall be subject to the approval
of the Architectural and Site Approval Committee.
22. Improvement of the common areas shall 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 Subdivision Ordi-
nance.. The common areas shall be deeded to an association of the
homeowners for whose benefit the common area is set aside; develop-
ment rights, 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 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.
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 the
approval of the enforcing agency.
25. To assure that the open space shall be available for the entire
development, the develogment rights 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 the City Attorney to determine its compatibility
with the intent and conditions as set forth herein. Any changes
in said declaration sha11 be subject to the approval of the
City Council. ,
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Ci. Ly o f Cu�,:� i t i n�
Calif�r.�►I.,i
}hF.S0I.U7'Tn:! OT•' 1'l'ii: !'1.t�;;:;i�;G C�.:!.'1TS;�IU:: OF 'J'llt: CT.T'Y OI� CLiL'l:I:'1'I��U I:3:CU:�;:•f1:;�J:Ii;C
'1'IiL•' G:',�:;•�'t'I;:C OF A ;:0„i•: CI:,L:c;i�:
IJIfER1:AS t.h � aCt��c}:r_��3 a,��l.i.r.r.it��an h:is l�cen �ul�miCted L'o Lhc City of
Cupertz.il�� requc:�tic�� a ch�:n�;e of 'I.U11C in thc zoni.n� r.c�;Ul�ltions c�f the Ci ty,
as stated on Pa�;e 2; r�nd
W�IE}:EAS thcr 1'I:�n�►in�; Cama�i.s�ion ha� he]d aL 1casC on� public hearin,;
: in re�ard to thc �ppl.icati.on on tlie date as nc�ted oii sai_d application; an�
FilII;P.}:�1S tlle 1'lannin� Cv;^,:�issicn has du? y coiisicic�rc�d and t�eard all
evidence suLi�ir.ted in regard tc� said applic .`1L'i.0I1 ; and
��H1;:;F.:'1S the necrssary public notices have been �;iven as required by
the Zonii�� Urdi.nance of the City of Cupertino; , •
' I�'0�•7, T�3EP.EFORE, };L IT P.F:SOLVLD: .
That the Planning Coc:�::�ission finds that the proposed zo:1e change:
a) Encouragc>s the ^:ost appi�o�ri.atc� t�se of land,
b) L'onserves and stabilizes the value or propei-ty,
c) �Prevides for adequate open spaces for light and air, .
d) Permits adE:quate control of fires, . �
e) Promotes the health, safety and public t:�e?fare,
f) Provides for ttie orderly develop��ent of the City,
g) Is advanta�eous to the property and ir.�provem�^nts in th` zc�ni^,
� district and neighborhood in 4J�11C�"1 the property is loca�ed
That said Planning Con:;:lission, therefore, reports favorabl}• to the City Council
• . in the matter of grantinU said z�ne change.,
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