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PC Reso 734 8fl , QO(3 . 6 1-Z-70 RESOLUTION N0. 734 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE GRANTING OF A ZONE CHANGE from CG (General Commercial), R1-7.5 (Single-family Residential) and R3-2.2 (Multiple High-density Residential) to R3C-2.2 (Multiple Family Cluster Residential). APPLICANT: Saratoga Foothills Development Corpoxation ADDRESS: Post Office Box 236, Saratoga, California SUBMITTED: January 9, 1970 LOCATION: Southwest corner of Homestead Road and Blaney Avenue ZONING: CG, R1-7.5 and R3-2.2 ACREAGE: 38.49 acres ----------------------------------------------------------------------------- WHEREAS an application has been submitted to the City of Cupertino requesting a change of zone in the zoning regulations of the City, and WHEREAS the Planning Commission has given public notice and held at ],east one public hearing as required by law; and WHEREAS the Planning Commission has duly considered and heard all evidence submitted in regard to said application: NOW, THE�EFORE, BE IT RESOLVED that the Planning Commission finds that the proposed zoning change: a. Encourages the most appropriate use of land, b. Conserves and stabilizes the value of property, c. Provides for adequate open spaces for light and air, d. Permits adequate control of fires, e. Promotes the health, safety and public welfare, f. Provides for the orderly development of the City, g. Is advantageous to the property and improvements in the zoning district and neighborhood in which the property is located, THEREFORE, TI�E PLA�TNING COMMISSION REPflRTS FAVORABLY to the Gity Council in the matter of granting said zone change. The approval of the zone change to be subject to the following conditions: -1- RESOLUTION N0. 734 (continued) 1-Z-70 ---------------------------------------------------------------------------- CONDITIONS: 1-12. Standard Conditions (Exhibit D) to the extent that they do not con- flict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. 13. 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. 14. All public streets shall be dedicated and improved as required by the City Engineer. 15. The private street and internal driveways shall be constructed according to the cross-sections as shown on Exhibit C; said Exhibit C is hereby made a part of this Resolution. Open parking stalls shall be nine (9) feet wide. 16. The pavement, curbs, gutters and storm drains of the private street shall be constructed to the standards of City streets, sub�ect to the approval of the City Engineer, except that the City Engin eer may permit modifications recommended by a licensed engineer and subject to City inspection. 17. 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 Cammittee. 18. The 24-ft wide roadway of the private street plus a 5-ft_wide.strin on each side shall constitute a 34-ft wide public service easement• other public service or utilities easements may be incorporated in the plan. 19. There shall be a system for the naming of the private street and for address numbers, subject to approval by the Building Departmc:-' after consultations with the Postmaster, the Central Fire District and the County Communications Office. 20. 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 the enclosed structure provided. Vehicular curb parking along the private street shall be prohibited except in designated areas. 21. 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 -2- RESOLUTION N0. 734 (continued) 1-Z-70 -------------------------------------------------------------------------^----- CONDITIONS (continued) 21. in a location approved by the City Engineer. Subdivision identifi- c'd cation signs and major directional signs shall be sub3ect to the approval of the Architectural and Site Approval Committee. 22. 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 sub�ect to the approval of the enforcing agency. 23. Planting, care and removal of trees shall be subjeet to City Ordi- nance No. 125, except that existing fruit trees may be retained � providing they are sprayed or otherwise handled to the.satisfaetioY, 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. 24. 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 Subdiv�sion Ordi- nance. Development rights to the common areas, as defined in Sec tion 16.13 of Ordinance No. 220(e), shall in this case be dedicated to the City. 25. 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 the City Council. 26. Maintenance of the common areas shall be the respansibility-of.the property owners to whom the common areas are deeded. In the-..event the private road, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standa�ds-, the City may, after notice and public hearing as set forth.in-Ordinance 002(a) Section 5.3, effect the necessary ma�ntenance, 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. 27. To assure that tl�e 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. 28. Prior to recordation of the Declaration of Covenants, Conditions and Restrictions by the developer, said declaration shall be re- viewed by the City Attorney to determine its compatibil.ity with the intent and conditions as set forth in this rezoning. Any changes in said declaration shall be subject to the approval of the City Council. - 3- RESOLUTION N0. 734 (continuedj 1-Z-70 ---------------------------------------------------------------------------- CONDITIONS (continued) 29. 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 development area,-th� Planning Director may certify the change on the revised plan. If such approval is withheld, the applicant may appeal to the Planning Commiss ion. If the changes are material, the Planning Director shall.submi� the changes to the Planning Commission. If the change or changes are denied by the Commission the applicant may app,eal to the City Council, as provided in Ordinance 002(a) of the City of Cupertino. 30. A visual barrier shall be constructed between the off-street parking facilities located within the development and Homestead Road and Blaney Avenue. 31. Dedication of the necessary right-of-way to provide a 60-ft cul-de- sac street along the westerly property line beginning.at the south- west property corner ad,jacent to the fr.eeway and intersecting , Homestead Road at Blue Jay Drive. The alignment of .the road to be centered about the property line so that one half lies within the proposed develapment except where the alignment nears_Homestead Road requiring full dedication of the 60-ft width. Exact alignment to be approved by the City Engineer. 32. In the event the installation of tra£fic signals becomes necessary at the intersection of Homestead Road and Blue Jay Drive, the developer shall participate in the cost of said signalization in the amount of one-fourth of the total cost. 33. The developer shall provide an additional dedication of approxi- mately twelve (12) feet along the North Blaney Avenue frontage. Said area shall be improved as required by the City Engineer. 34. 2.5 parking spaces shall be provided for each dwelling unit. Tha provision of said parking shall be accomplished in a manner that will not decrease the open space as indicated on the Development Plan submitted. -4- RESOLUTION N0. 734 (continued) 1-Z-70 ------------------------------------------------------------------------- PASSED AND ADOPTED this 26th 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, Puetz, Hirshon NAYS: Commissioner Irwin APPROVED: � �, / • ----_�..___.�,' 1 � -� T � �. a k T. Hirshon, Chairman P anning Commission ATTEST: James H. Sisk Planning Director -5- � 11 I� ,��.�. �, � D U 5. 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