PC Reso 729 23-Z-69
RESOLUTION N0. 729
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE GRANTING OF A ZONE CHANGE from
R3-2.2* (High Density Multiple Residential) to
R1C-2.9 (Single Family Cluster Residential)
APPLICANT: Sterling Homes, Inc.
ADDRESS: 489 Division Street, Campbell, California
SUBMITTED: December 26, 1969
LOCATION: 500 feet north of intersection of Stevens Creek
Boulevard and Foothill Boulevard, approx. 200
feet west of Foothill Boulevard
ZONING: R3-2.2* AREA: 13.44 acres
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(continued from Page 1)
CONDITIONS:
1-12. 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.
13. The total area of individual lots plus common area usable for recrea-
tional purposes, but excluding common area for parking and traffic,
in square feet, shall be at least 2900 times the number of dwelling
units. The number of dwelling units shall not exceed one hundred and
forty (140).
14. 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 D.
15. All public streets shall be dedicated and improved as required by
the City Engineer.
16. The private street and internal driveways shall be constructed
according to the cross sections as shown on Exhibit C; said exhibit
is hereby made a part of this Resolution. A two-car garage shall
be provided for each dwelling unit. Open parking stalls shall be
nine (9) feet wide.
17. The pavement, curbs, gutters and storm drains of the private street
9ha11 be constructed to the standards of City streets, sub�ect 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 ma�or walkways shall be lighted to an
intensity according to good engineering practices and standards
for the purposes intended; the type and location of electroliers
sub�ect to approval by the Architectural and Site Approval Committee.
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� I T Y 0 F C U P E R T I N 0 Telephone: (�08� 252 -4505
�ity Ha.11, 10300 Torre Avenue, Cupertino, California 95014
2ESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
'i'�jE GRANTING OF A ZONE CHANGE
WHEREA� �he attached application has been submitted to the City of Cupertino
requesting a change of zone in the zoning regulations of the City, as stated
on Page 2; and
]d�HEREAS the Planning Commission has held at least one public hearing in re-
gard to the application on the date as noted on said application; and
WHEREAS the Planning Commission has duly considered and heard all evidence
submitted in regard to said application; and
WHEREAS the necessary public notices have been given as required by the
Zoning Ordinance of the City of Cupertino;
NOW, THEREFORE, BE IT RESOLVED:
l. `That the Planning Commission finds that the proposed zone change:
a. Encourages the most a�propriate use of land.
b. Conserves and stabilizes the value of property,
c. Provines for adequate open spaces for light and air,
d. Pe��lnits adequate control of fires,
e. Promotes the health, safety and public welfare,
f. Provides for the orderly development of the C�ty,
g. Is advantageous to the property and improvements in the zoning
district and neighborhood in which the property is locatred.
2. That said Planning Commission,therefore, reports favora�ly to the
City Council in the matter of granting said zone change. Said approval
to be subject to the following conditions:
Exhi�it "B", which is composed of Conditions 1-�2 quoted below:
l. Install ornamentdl s�_��et lights. All lighting shall be designed
to in no way interfere with adjacent residential district.
2. Street trees will be planted in the public right-of-way and shall
be of a type approved by the City and places designated by the City.
3. Traffic c�ntrol signs will be placed at locations to be specified
by the G.ity.
�. Fire h,ydrant� shall be located as requested by the City.
5. A masonry wall will be built separating any comm�rc�ral area from any
residential area; which shall be six feet high above the highest
adjoining finished grade.
6. All parking areas and driveways will be paved as shown on the plot
p1.an.
7• Curbs, gutters, sidewalks, and structures shall be installed to
grades and be constructed in accordance with standards specified
by the City Engineer.
8. Drainage within and without the development shall be to the satis-
faction of the City Engineer.
9. Street improvements �,butting the applicant's property shall be
according to the City s�andards and specifications.
10. The applicant shall be responsible for completing �ite as shown
on approved plot plan and shall be required to pay for 'required
engineering, checking and inspection fees prior to issuance of
Building Permit.
lla Landscaping shall be as approved and maintained as shown on plot plaM.
12. Street widening and dedications shall be in accordance with street
widths approved by City �ngineer.
(Continued on Page2)
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RESOI,?'"'T��N N0. 729 (cantinued) 23-Z-69
CONDITIONS (cont�_nued)
19. The 24-ft wide roadway of the private ^trPet plus a 5-ft wide strip
on each side shall constitute a 34-ft � public service easement;
other public Gervice or utilities easements may be incorporated in
the plan.
20. 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.
21. City Ordinance No. 276 regulating parking of 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 structure.
Vehicular curb parking along the private street shall be prohibited
except in designated areas.
22. Entrances to the development shall be designed so that the private
nature of the streets is indicated. There shall be signs indicating
PRIVATE STREET, NO CURB PARKING, SPEED LIMIT 15 MPH, of a type and
in a location approved by the City Engineer. Subdivision identifi-
cation signs and major directional signs shall be sub3ect to approval
by the Architectural and Site Approval Committee.
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. Planting, care and removal of trees shall be subject to City Ordi-
nance No. 125, except that existing fruit trees may be retained
providing they are sprayed or otherwise handled to the satisfaction
of the Building Official. Horizontal and vertical clearance between
trees and the roadway of the private street shall be the same as in
public streets.
25. The developer shall construct a 6-ft masonry wall along all property
lines adjacent to commercially zoned property. The design of said
wall shall be subject to the approval of the Architectural and Site
Approval Committee.
26. Improvements 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.
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RESOLUTION N0. 729 (continued) 23-Z-69
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CONDITIONS (continued)
27. The common area shall contain no other buildings or str.uctures than
those accessory to recreational purposes. Any changes of this
status shall be subject to the approval of the Plannictr Commission
and the City Council.
28. 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) Sec. 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 the Weed Abatement Ordinance of the City of
Cupertino.
29. To assure that the open space shall be available for the entire
development, the development rights to the common areas shall be
dedicated in advance of the issuance of any building permits.
30. 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 in this Use Permit. Any
changes in said declaration shall be subject to the approval of
the City Council.
31. In the event that the applicant shall desire to make any change,
alteration or amendment in the approved Development Plan, a
written request and a revised Development Plan shall be submitted
to the Planning Director.
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
the 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.
32. Provision shall be made for landscape screening adjacent to the
P G& E substation as indicated on the Development Plan in a
manner acceptable to the Architectural and Site Approval
Committee.
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RESOLUTION N0. 729 (continued) 23-Z-69
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CONDITIONS (continued)
33. All buildings fronting on dedicated public streets shall be set
back from the property line a minimum of 15 feet. However, when
access to individual garages are provided by driveways for the
public street said setback shall be a minimum of 20 feet.
PASSED AND ADOPTED this 12th day of January, 1970, at a regular meeting
of the Planning Commission of the City of Cupertino, State of California,
by the following roll call vote:
AYES: Commissioners Buthenuth, Frolich, Irwin, Puetz
NAYS: None
ABSENT: Commissioner Hirshon
APPROVED:
..
.-
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: j � �; '
� L
� ald A. ice Chairman
Planni ommission
ATTEST:
i '
James H. Sisk
Planning Director
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