PC Reso 749 4-Z-70
RESOLUTION N0. 749
OF THE PLANNING_COMMISSION OF THE CITY OF CUPERTINO
RECONIlKENDING-.THE GRANTING OF A ZONE CHANGE from
R1-7.5 (Single-family Residential), R3-2.2 (Multiple
High-density Residential) and CG (General Commercial)
to R3C-2.2 (Multiple-family Cluster Residential).
APPLICANT: Saratoga Foothills Development Corporation
ADDRESS: Post Office Box 236, Saratoga, California
SUBMITTED: March 6, 1970
LOCATION: Southwest corner of Homestead Road and Blaney Avenue
ZONING: R1-7.5, R3-2.2 and CG AREA: 38.49 acres
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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 least 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, THEREFORE, 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, THE PLANNING COMMISSION REPORTS FAVORABLY to the City Council in
the matter of granting said zone change. The approval of the zone change
to be subject to the following conditions:
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RESOLUTION N0. 749 (continued) 4-Z-70
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CONDITIONS:
1-12. Standard Conditions to the c;Ytent 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. 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 accord-
ing 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 str.eet
shall be constructed to the standards of City streets, sub3ect 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.
17. The private street and the major walkways shall be lighted to an
intensity according to good engineering practices and standards for
the purp.oses intended; the type and location of electroliers subject
to approval by the Architectural and Site Approval Committee.
18. The 24-ft wide roadway of the private street plus a 5-ft wide strip <,n
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 fDr
address numbers, subject to approval by the Building Department after
consultations with the Postmaster, the Central Fire District and the
County Communications Office.
20. City Ordinance No. 276 regulating parking of trailers, repairing ve-
hicles, 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. The owner of the development will be required to participate in the
initiation of a City ordinance to make the private street sub�ect
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.
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RESOLUTION N0. 749 (continued) 4-Z-70
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CONDITIONS (continued):
22. Removal of mature trees (12 inches or more in diameter) sha11 be subject
to the approval of the Planning Director and the Architectural and Site
Approval Committee.
23. Improvements of the common areas shall be completed by the developet�
and shall be subject to bonding and other procedures in the same manner-
as required for street improvements by the Subdivision Ordinance.
Development rights to the common areas, as defined in Section 16.1^ c,_`
Ordinance No. 220(e), shall in this case be dedicated to the City.
24. 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.
25. Maintenance of the common areas shall be the responsibility of the
property owners to whom the common areas are deeded. In the ev�nt the
private road, driveways, parking areas, walkways, landscaping or.build-
ings are not maintained to applicable City standards, the City may,
after notice and public hearing as set forth in Ordinance 002(a)., Se�.
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 Abate-
ment Ordinance of the City of Cupertino.
26. To assure that the open space shall be available for the entire develop-
ment, the development rights to the common areas shall be dedicated in
advance of the issuance of any building permits.
27. 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 rezoning. Any changes in said declara-
tion shall be subject to the approval of the City Council.
28. In the event that the applicant shall desire to make any change, altera-
tion 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 property owners within or adjoining the development 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 Cummission the applicant may appeal to the City Council, as pro-
vided in Ordinance 002(a) of the City of Cupertino.
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RESOLUTION N0. 749 (continued) 4-Z-70
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CONDITIONS.(continued):
29. A visual barrier sha11 be constructed between the off-street parking.
facilities.located within the development and Homestead Road and
Blaney Avenue.
30. In the event the installation of traffic signals becomes ne.cessary at
the intersection of Homestead Road and Blue Jay Drive, the develo.per
shall participate in the cost of said signalization in the amount of
one-fourth of the total cost.
31. 2.5 parking spaces shall be provided for each dwelLing unit. Th.e
provision of said parking shall be accomplished in a.manner that
will not decrease the open space as indicated on the Development Plan
submitted.
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PASSED AND ADOPTED this 23rd. day of March, 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, Puetz, Hirshon
NAYS: Commissioner Irwin
ABSENT: Commissioner Frolich
APPROVED:
, -�,,,�,.,�..�.. --�_..,..,.1. �a..... .
Jack T. Hirshon, .Chair�nan
Planning Commission
ATTEST:
James H. Sisk
Planning Director
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City of Cupertin.o
Californ.ia
STANDARD CONDITIONS
l. �nstall ornamental street 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 in places designated
by the City.
3. Traffic con.trol signs will be placed at locations to be
specified by the City.
�. Fire hydrants shall be located as requested by the City.
5. A masonry wall will be built separati.ng any commercial area
from any residential area; which wall sha11 be six feet high
above the highest adjoining finished grade.
6. All parking area and driveways will be paved as shown. on
the plot plan.
7. Curbs, gutters, sidewalks, and structures shall be in.stalled
to grades and to be constructed in accordance with standards
specified by the City En.gin.eer.
8. Drainage within and without the development shall be to the
satisfaction. of the City Engineer.
9. Street improvement abuttin.g the applicant's property shall
be accordin.g to the City standards and specification.
10. The applicant shall be responsible f or completing site as
shown. on approved plot plan, and shall be required to pay
for required engineering, checki.ng and inspection fees prior
to issuance of building permit.
11. Landscaping shall be as approved and maintained as shown on.
plot plan.
12. Street widening and dedications shall be i.n accordance with
street widths approved by the City Engineer.
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