Reso 1043 2-Z-72
RESOLUTION N0. 1043
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE APPROVAL OF A PREZONING OF 3.36
ACRES FROM COUNTY A1-40 (Single-family Residential-
Agricultural 4Q,000 square foot lots) to R1C-7.5
(Single-family Residential Cluster 7,500 square
f eet per d�aelling unit) .
APPLICANT: May Investment Company
ADDR�SS: 1627 Hollenbeck Road, Sunriyvale, Califor.nia 94087
SUBMITTED: Februar� 18, 1972
LOCATION: Southwest corner of the intersection of Rae Lane
and McClellan Road
ACREAGE: 3.36 acres
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CONDITIONS:
1-14 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.
15 The total area of individual lo�s plus common area usable for
recreational purposes, in square feet, shall be at least 7500
times the number of dwelling units. The number of dwelling units
shall not exceed fifteen (I5).
16 All buildings, fences, streets and other roadways, parking areas,
landscaping and other facilities or features snall be located
substantially as shown on the development plan labeled Exhibit B.
17 The pavement, curbs, gutters and storm drains of the private
street shall be constructed to the standards of City streets,
subje�t to the approval of the City Engineer, except that the
City Engineer may permit modifications recomznended by a licensed
engineer and subject to Gity inspection.
18 The private street and the major walkways shall be lignted.to an
intensity according to goad engineering practices and standards
for the purposes int�nded; the type and lo�ation of electroliers
subject to approval by the Architectural and Site Approval Com-
mittee.
19 There shall be a system for the naming of the private sr_reet
and for address numbers, subject to approval by the Buii.din�
Department after consultations with the Postmaster, the Central
Fire Distr:ict and th� County Communications Office.
20 City Ordinance No. 276 regulating parking of trailers, repairing
vehicles, etc., shall appl}� to the private street and to all
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Resolution No. 1043 2-Z-72
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CONDITIONS (continued):
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 subject tb the
use permit procedure. Appropriate "No Parking" sign shall be
installed by the applicant.
21 Removal of any trees on the site shall be subject'to approval
of the Architectural and Site Approval Committee.
22 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 Ordinance. The common areas shall be deeded to an
association of the homeowners for whose benefit the common area
is set aside; development rights, as defined in Section 16.13
of Ordinance No. 220(e), shall in this case be dedicated to
the City.
23 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, walk-
ways, 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) Section 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.
24 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.
25 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.
. 26 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 herein. Any changes
in said declaration shall be subject to the approval of the City
Council.
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Resolution No. 1043 2-Z-72
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CONDITIONS (continued):
27 The articles of incorporation of the Homeowners Association and
any other instrument related to said association shall be sub-
ject to the approval of the City Attorney.
28 The 24-foot wide roadway of the private street plus a 5-foot
wide strip on the dwelling unit side shall constitute a 29-foot
wide public service easement; other public service or utilities
easements may be incorporated in the plan.
29 Venicular parking shall be provided based on 4.2 spaces per
dwelling unit.
30 The applicant shall make necessary cff-site improvements so as
to provide a standard half street right of way section for Rae
Lane (2 travel lanes and one parkin.g lane) extending from the
intersection of Rae Lane and McClellan Road to the southern
terminus of the property involved. The applicant shall
additionally complete the necessary off-site work so as to
fLlly improve the intersection of Rae lane and McClellan Road.
31 In the event that the applicant shall d2sire to make any change,
alteration or amendment in the approved Development Plan, a
written request and a revised Development Plan shall be sub-
mitted 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, the Planning Dir.ector m2y certify the change
on the revised plan. If such approval is withheld, the appl�-
cant may appeal to *_he Planning Commission.
If th� changes are material, the Planning Director shall sub-
mit 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.
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1•?Ill:lti:;►S tl�� at:t.�c�i:ccl a, �] ir:ici.c�n h;�s 1>c•en sul,mitte<i Lo tlic Cil'y of
Cupert i nc> :����ucr. t.i �l<,; ,� c}�.>>>,;r oi ic;nc it� tl�cc z�ni n�; rc�;u).ations at Lt:e Ci ty,
as stat:c:l �n I'.��;c 2; ;a►�cl
ti'i11:):1:,'�S Cl:c� I'];,i�:i�n; Co�;,ii�;si.on ha:. 1ic?�:l �1� leasC onc� pub.lic hc:ar:.:�;;
; 3n �'ef;: rd ta tl�c :�pP1.ic 0» tl�c d.�te a:7 i�oted c�;� ���7.d appli_caCion; �nd
1•'}1?:I'.1::'�S thc� 1'lr�r�»i.i.,; C�:::,::i.�si_cn l�as c;u?�: con�:ic?c�rccl and heard all
evi.dencc �;�'.�:iirtcd �.i� rc�arcl to saicl ��p, J icr:Ci.ot�; a.1d
t�itL):I:1S the necc��.sar, uul�7 i c noticcs l�ave been �;i.vc�n as reyuireci b�
the 'Lonin� C�rcli.,��nce or ti�c Ci Cy of Cuperta no; . � •
' r0:•1, 1'tlE;rEF03:r, Fsi IT 1.}:SOLVLi):
7'hat thc. }'1 ?.11lllll� Cc,,.::»_ssio:� finds that L}l:� ��ro�os:ed zo:1c ch��nb�:
a) �:ncour.a�;es L r„ost appl-opr<<�Lc t�se of l.a�,d,
b) Coi:serves c1RC� stah�_li.z�:s the v�lue or pro�erCy,
c) � Prot�i�des for alequatc open spacc�� for li�i�t anci air,
d) Pernits adequa�� ccntrol or fires, • .�
e) Pronotes the healt�i, safety and �Li c.�e' fare,
f) Provides for t?�e orderl�� develop:�c�nt of the City,
�'� YS advant ��'.Ol1S t0 it1C �TOaCY'i)' F?I�d 1!:iDrUVCi:'.C'.riCS 2;1 tf:� 20T1'�.^.�
distri.ct atid nei�hborheod in c•:tiic:: tlie property� is loc�l::ed
That sai.d Pl�aninr, CoiT::�ission, thcrefore, reports iavor�bl�• to tlie Cir)' Counci�
. in tllc m�ttcr oi granc:i:.� said zonc chan�e. �
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City of Cupertino
14 CITY S'TANDARll llEVI�LOPI�IENT CONDIT
1. Street tiaidening, improvements, and dedications shall be
in accordance �aith Cit�� stanclards and specifications and
as required by the City Engineer.
2. Curbs, gutters, sidewalks and st.ructures s}iall be
installed to grades and to be constructed in accordance
with standards specified by- the City Engineer.
3. Street lighting shall be installed and shall be as
approved by the City F.ngineer. On-site lighting shall
be as reauired by the Architectural and Site Approval
Committee and ordinances and regulations of the City.
All on and off site lighting shall be designed to in
no �aay interfere tai.th adj acent areas and shall be no
higher than the maximum height permitted by the zone
in which the prcperty is located.
4. Fire hydrants shall be located as required by the City.
5. Traffic control signs iaill be placed at locations to Ue
specified by the City.
6. Street trees tiaill be planted in the public right-of_-t��ay
and shall be of a type approved by the City in accordance
with Ordinance No. 125.
7. Grading shall be as approved and reauired by the City
Engineer in accordance tvit�i Ordinance No. 214 (a) .
8. Drainage shall be to the satisfaction of the City
Engineer.
Surface flow across public side�Jalks may be allo�aed in •
Rl, R2 and R3 zoning unless storm drain facilities are
deemed necessary by the City Engineer.
Al1 developments other than Rl, R2 and R3 zoning shall
be served by on-site storm drainage facilities connected
to the City storm drainage system. If City storm drains
are not avai.lable, drainage iaci_lities shall be installed
to the satisfaction of the City Engineer.
9. The applicant shall be responsible for complying with the
reqUirements of the Undergr:�und Utility Orlinanc.e No. 331
and other related ordinances and regulations of the City
of Cupertino, and shall make the necessary arrangements
with the utility companies involved for the installation
of said facilities. The applicant sha11 submit a detaileu
plan showin� utility undergrouncling provisions. (TL•is
plan must llave prior approval of the utility companies
and the City Engineer).
11-15-71