Reso 456 80, o00 . 6
22-U-67
RESOLUTION N0 �+56
OF THE PLANNING COMMISSION OF THE CITY GF' t;��TPERTINO
RECOMMENDING THE APPROVAL OF A USE PERMIT �'or tr�e construction of
a Multiple Unit Complex (R3-2.2 use) in a Planned Development (P�
Zone.
A PPLICANT: Stoneson Devel�pment Corp, and L. Burt Avery
�79 Castro Street, Mountain View, California
SUBMITTED: September 8 Zg67
LOCATION: North side of Stevens Creek Road, East of Mary Avenue,
West of City of Cupertino park site.
ZONE: P AREA: 28 acres
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CONDITIONS:
l. The pavement, curbs, gutters and storm drains of the two loop
streets 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 sub'ect to City inspection. Specifically, speed
control devices �(bumps or dips) shall be permitted, but must
be placed in well-lighted areas.
2. The 2�+� wide roadway of the loop streets plus a 5' wide strip
� on each side shall constitute a 3�+� wide Public Service Ease-
ment; other Public SerVice or Utilities Easements may be in-
corporated in the plan.
3. The two loop streets and the major walkways shall be lighted to
an intensity according to good eng�.neering practices and stan-
dards for the purposes intended; tre type and location of
electroliers subject to approval 'py the Architectural and Site
Control Committee.
�. Type and l�cation of fire hydrants, and access for fire vehicles,
subject to approval by the Central Fire Protection District.
5. There shall be a system for naming of trie two loop streets or for
address numbers; subject to approval by the Architectural and Site
Control Committee, after consultations with the Postmaster, the
Central Fire District and the County Communications Office.
6. Entrances to the development shall be designed so that the pri-
vate nature �f the streets is indicated. There shall be signs
indicating PRIVATE STREET, NO CURB PARKING, SPEED LIMIT 15 MPH,
DIPS; of a type approved by the City Engineer and in locations
shown on the Development Plan. Subdivision identification signs
and major directional signs shall be subject to approval by the
Architectural and Site Control Committee.
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RESOLUTION N0. �56 (continue�� 80,000.6
22-U-67
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CONDITIONS: (continued)
7. City Ordinance No. 276, regulating pa�k�ng of trailers, re-
pairing vehicles, etc., shall apply to the two loop streets
and to all bay parking along these streets. City Ordinance
No. 327 regulating parking in public streets shall apply to
the two loop streets.
8. Planting, care and removal of trees shall be subject to City
Ordinance N�. 125; except that existing fruit trees may be
retained, providing they are sprayed or otherwise handled to
the satisfaction of the Building Official. Horizflntal and
vertical clearance between trees and the roadway �f the two
loop streets shall be the same as in public streets.
9. The owner of the development will be required to participate
in the initiation of a City Ordinance to make the two loop
streets subject to the Vehicle Code, under the provisions of
Section 21107.7 of said C�de; provisions of said Ordinance
subject to approval of the enforcing agency.
10. It is understood that the design of the area is of such charac-
ter as to exclude subsequent subdivision into individual lots,
unless an Enabling Ordinance to that effect be passed by the
City Council. This Condition 10 shall be stated on the Final
Map.
11. Mary Avenue shall be widened to a total right-of-way of eighty-
four feet (8��), located approximately as sh�wn on the Develop-
men� Plan. A Tentative Map will be required, and the Developerts
share of street dedication and street improvements shall be de-
cided as a part of the Tentative Map approval.
12. The revised Development Plan demonstrated at the Planning Com-
mission's hearing of October 23, 1967, shall be made a part of
this Resolution as Exhibit A; except that the major walkway
system shall be revised, and fences along Mary Avenue and
Cupertino Memorial park shall be indicated, to the satisfaction
of the City Planner.
13. Cross-sections of the loop streets and of the internal drive-
ways shall be dimensioned according to Exhibit B, which Exhi-
bit hereby is made a part of this Resolution. Carports will
be permitted instead of garages. Parking stalls may be nine
feet (9') wide.
1�+. In the event that the applicant shall desire to make any change,
alteration or amendment in the approved Development Plan after
it has been approved by the City Council as a condition to this
Use Permit, a written request and a revised Development Plan
shall be submitted to the Planning Director.
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RESOLUTION .�?� 1 -I-56 ( cort 80� 000, 6
22-U-67
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CONDITIONS: (continued)
1�. If the number of dwelling uriits is n.ct :�ricreased, and the
c�d 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 Development A rea, 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 changes are material, but the requirements in the Zoning
Ordinance and previously imposed conditions are still ad-
hered to, and the number of dwelling units is not increased,
the Planning Director shall submit the change to the Planning
Commission. If the change is denied by the Commission, the
applicant may a peal to the City Council, as provided in
Ordinance 002(a� of the City of Cupertino.
A change in the Development Plan including change of re-
quirements or conditions, or an increase of the number of
dwelling units, shall be processed as a zone change or as
a new Use Permit.
15. If any of the Conditions to this Use Permit 22-U-67 be
violated, or if private roads, driveways, parking areas,
walkways, landscaping or buildings not be ma,intained to
applicable City standards, the City may, after notice
and public hearing such as set forth in Ordinance 002(a)
Sec. 5.3, effect necessary maintenance, the cost therefor
�o, be-:.a lien on the �roperty.
PASSED AND ADOPTED this 23rd day oz�' �ctober, 1967, at a regular
meeting of the Planning Commissio.rl of the City of -Cupertino,
State of California, by the following roll call vote:
AYES: Commissioners Bryson, Frolich, Horgan and Buthenuth
NAYS : None
ABSENT: Commissioner Hirshon
A PPROVED:
,
� � �t l.G' �u�� ���
� ohn W. Buthenuth, Chairman,
Planning Commission
ATTEST:
C/��-U`� c����
Adde Laurin
Director of Planning _3_