PC Reso 1493 16-U-75
RESOLUTION NO. 1493
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
48 SINGLE-FAMILY RESIDENCES IN A PLANNED DEVELOPMENT
ZONE.
APPLICANT: San Carlos Homes & Development
ADDRESS: P. 0. Box 1271, San Carlos, California 94070
SUBMITTED: December 29, 1975
LOCATION: Southerly of •and adjacent to Voss Avenue at its westerly terminus
ZONE: P (Planned Development)
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.
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15. The approval is based upon Exhibit A, 2nd Revision of 16-U-75, as
may be modified by additional conditions contained herein.
16. That prior to consideration of a tentative map for the subject development,
the applicant shall submit additional information relative to the following
technical problem areas. ; -
(a) The owner/developer shall finance a City-retained engineering
geologist .to review previously. submitted geologic investigations.
Dependent upon the .City-retained geologist's report, the owner/
developer may be required to fund an additional geologic review
® of the site. The geologic report may result in site plan changes
to reduce a geologic hazard. •
(b) The owner/developer shall retain a• civil engineer to investigate
sheet flow characteristics of the site and potential springs.
(c) The pond on the northern .boundarof the site shall be retained
and 'inco y.
rporated in. the .common open. space of the homeowners
association or dedicated by the developer/owner to a public or
private agency/group interested in maintaining the pond as a natural
• resource area. •
Because the pond is best suited as an educational resource for natural
• . science study, the :pond's use is too limited for inclusion into the.
City's park system. •
The developer/owner shall conduct a dam 'stability study. If said
stability.study describes a need for repair work or reconstruction,
the developer/owner may review the.costs with the City Council to•
determine .the feasibility of. retaining .the. pond. The dam stability .
study shall be completed prior. to Planning. Commission review of the
tentative map. Dam safety improvements, if required, shall be
completed prior to occupancy of dwelling units within the project.
The development rights_.of the pond site shall be dedicated to the City
of Cupertino to preclude urban development from occurring on the site.
The use permit is considered approved in design concept only until the
tentative map is reviewed and approved by the City.
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CITY OF CUPE TINO
City Hall, 10300 Torre Avenue !
Cupertino, California 95014
Telephone: (408) 252 4505
III
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND-
ING APPROVAL OF A USE PERMIT j
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a USE PERMIT, as stated bn Page 2; and
WHEREAS, the applicant has met the burden of proof required to support
said application; and 1
WHEREAS, the Planning Commission finds that the application meets the
following requirements:
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, safetyiand public welfare,
IIIf. Provides for the orderly development of the City, and
g. Is advantageous to the property and improvements in the zoning
district and neighborhood in which the property is located;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of map , facts, exhibits and other
evidence submitted in this matter, theapplication of the USE PERMIT
is hereby recommended for approval, subject to the conditions stated
on Page 2; and
BE IT FURTHER RESOLVED: _
That the aforementioned findings be approved and adopted, and that the
Secretary be, and is hereby directed to notify the parties affected by
this decision.
(Continued on Page 2)
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RESOLUTION NO. 1493 (continued) 16-U-75.
17. The Architectural and Site Approval Committee shall carefully consider
the placement and design of fences within the project with particular
emphasis on fences on the higher elevated building sites. The intent is
to balance the need for security and privacy with the design objective
of maintaining a sense of openness on the site.
The Architectural and Site Approval Committee shall additionally review
a revised grading plan which incorporates slope rounding, scalloping
of fill banks and other techniques to integrate cut and fill banks into
the natural terrain.
18. Horses shall be permitted on the property subject to the securing of a
use permit to ensure the protection of public health.
19. Haul roads involved in the transport of cut and fill material and
building supplies shall be reviewed and approved by the Director of
Planning and Development prior to issuance of grading and building
permits.
20. Modification of the approved development plan or a building permit
In the event that the applicant or subsequent homeowner shall desire
to make any minor change, alteration or amendment in the approved
development plan or building permit, a written request and revised
development plan shall be submitted to the Director of Planning and
Development.
If the Director of Planning and Development 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 Director of Planning 'and Development may certify the change on
the revised plan. If such approval is withheld, the applicant may appeal
to the Planning Commission. The Director of Planning and Development
shall consult with the homeowners association and obtain its comment
prior to making a decision.
If changes are material, the Director of Planning and Development shall
submit the change to the Planning Commission for approval. If the change
is denied by the Commission, the applicant may appeal to the City Council,
as provided in Ordinance. 652 of the City of Cupertino.
21. Streets
(a) The pavement, curbs, gutters and storm drains and water mains of
. the private street shall be constructed to the standards of City
streets, subject to the approval of the City Engineer, except that
the City Engineer may permit modifications recommended by a licensed
engineer. The minimum width of a private street shall be twenty-
' four (24) feet curb to curb, with curb and gutter on both sides of
the street.
(b) All private streets shall be inspected by the City during construction.
(c) Sidewalks shall be a minimum of four and one-half (4.5) feet in width.
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RESOLUTION NO. 1493 (continued) 16-U-75
(d) The private street and the major walkways shall be lighted to an
intensity approved by City Engineer. The type and location of
electroliers are subject to approval by the Architectural and Site
Approval Committee.
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(e) 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.
(f) City Ordinance No. 276 regulating parking of trailers, campers,
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, campers, etc. , ; shall be
prohibited throughout the entire development unless said parking
is within an enclosed area. Vehicular curb parking along the
private street shall be prohibited except in designated areas.
Appropriate "No Parking" signs shall be installed by the applicant.
(g) The owner of the development will be required to participate in:the
initiation of 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 the approval of
the enforcing agency.
(h) The roadways of the private street plus a 5-foot wide strip on
either side shall constitute a public service easement; other
public service or utilities easements may be incorporated in the
plan.
(i) Adequate turn-around space shall be provided at the termini of
the private streets subject to the approval of the Central Fire
District.
23. Improvements and Covenants for Common Area
(a) Improvement 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 shall in this case be dedicated to the City.
(b) 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 advertised public hearing,
effect the necessary maintenance with the cost therefor to be lien
on the property.
(c) To assure that the open space' shall be available for the entire
development, the development rights to the common area shall be
dedicated to the City of Cupertino in advance of the recordation
of a final subdivision map. •
(d) Prior to recordation of the Declaration of Covenants, Conditions
and Restrictions by the developer, said declaration shall be
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RESOLUTION NO. 1493 (continued) 16-U-75
reviewed by the City Attorney to determine. its compatibility with
tithe intent and conditions as set forth herein. Any changes in said
declaration shall be subject to the approval of the City Council ,
(e) The articles of incorporation of the homeowners association and any
other instrument related to said association shall be subject to the
approval of the City Attorney.
PASSED AND ADOPTED this 9th day of February, 1976, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: Commissioners Adams, Chairman Gatto
NAYS: O'Keefe
ABSTAIN: None
ABSENT: Commissioners Cooper, Woodward
ATTEST: APPROVED:
41-Atr COWOJA
Robert Cowan John M. Gatto, Chairman
Assistant Planning Director Planning Commission
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