PC Reso 732 24-U-69 (REVISED;
RESOLUTION N0. 732
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE GRANTING OF A USE PERMIT for a
136-dwelling unit planned residential development (REVISED)
APPLICANT: Donald Pritzker and George Fernandez
ADDRESS: Hyatt House, Burlingame, California
SUBMITTED: December 5, 1969
LOCATION: Westerly of and adjacent to Blaney Avenue
350 feet south of Stevens Creek Boulevard
ZONING: Planned Development AREA: 11.3 acres
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CONDITIONS:
1-12. Standard Conditions to the extent that they do not conflict with
the special conditions enumerated herein. In the event that a
conflict does exist the special conditions as enumerated herein
shall apply.
13. This Use Permit is granted for the land as described in the
application and any attachments thereto, and as shown on the
plot plan labeled Exhibit E.
14. The location of all buildings, fences, roadways, parking areas,
landscaping and other facilities or features shall be located
substantially as shown on the plot plan labeled Exhibit E,
except or unless indicated otherwise herein.
15. Rodrigues Avenue shall be dedicated to the City of Cupertino and
improved as required by the City Engineer.
16. Blaney Avenue shall be dedicated and improved as rec}.uired by the
City Engineer.
17. The loop street and internal driveway� •'�all be constructed
according to the cross sections as shown in Exhibit B; said
Exhibit B 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.
18. The pavement, curbs, gutters and storm dra�ns of the loop street
shall be constructed to the standards of City streets, sub,ject
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.
19. The loop 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
sub�ect to approval by the Architectural and Site Approval
Committee.
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24-U-69
RESOLUTION N0. 732 (continued) �
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CONDITIONS (continued)
20. The 24-ft wide roadway of the loop street plus a 5-ft wide strip
on each side shall constitute a 34-ft wide public service easement;
other public service or utilities easements may be incorporated
in the plan.
21. There shall be a system for naming of the loop street or for
address numbers, subject to approval by the Building Department
after consultations with the Postmaster, the Central Fire District
and the County Communications Office.
22. City Ordinance No. 276 regulating parking of trailers, repairing
vehicles, etc. shall apply to the private loop street and to all
bay parking along said street. The parking of recreational ve-
hicles 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 loop street shall be
prohibited.
23. Entrances to the development shall be designed so that the private
nature of the streets is indicated. There shall be signs indicat-
ing PRIVATE STREET, NO CURB PARKING, SPEED LIMIT 15 MPH, of a type
and in a location approved by the City Engineer. Subdivision
identification signs and major directional signs shall be subject
to approval by the Architectural and Site Approval Committee.
24. The owner of the development will be required to participate in
the initiation of a City ordinance to make the loop streets 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. 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 satisfac-
tion of the Building Official. Horizontal and vertical clearance
between trees and the roadway of the loop street shall be the same
as in public streets.
26• 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 sub�ect to the approval of the Architectural and Site
Approval Committee.
27. 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 areas are set aside;
development 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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24-U-69
RESOLUTION N0. 732 (continued)
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CONDITIONS (continued)
28. The common area 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 City Council.
29. 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 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.
30. 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.
31. 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 sa3d declaration shaLl be sub�ect to the approval
of the City Council.
32. 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 ad�oining the Develop-
ment Area, the Planning Director may certify the change or changes
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.
33. Additional guest parking shall be provided within the development.
The Number of spaces shall be correlated between the normal resi-
dential subdivision and the proposed development in a manner
. acceptable to the City Engineer.
34. All construction shall conform to the uniform Building Code as
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24-U-69
RESOLUTION N0. 732 (continued)
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CONDTTIONS (continued)
34. well as any and all other building regulations adopted by the
c'd City of Cupertino.
PASSED AND ADOPTED this 12th day of January, 1970, at a regular meeting
of the Planning Commiss�on of the City of Cupertino, State of California
by the following roll call vote:
AYES: Commissiqners Buthenuth, Frolich, Irwin, Puetz
NAXS: None
ABSENT: Commissioner Hirshon
APPROVEp:
/
, ra . Puetz, Vice Chairman
ng Commission
ATTEST:
James H. S�.sk
Planning Director
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