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PC Reso 1592 15-U-76 s' RESOLUTION NO. 1592 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW CONSTRUCTION OF 34 SINGLE-FAMILY RESIDENTIAL HOMES ® IN A PLANNED DEVELOPMENT ZONING DISTRICT. APPLICANT: Saratoga Foothills Development Corporation ADDRESS: 1745 "B" Saratoga Ave. , San Jose, California 95129 SUBMITTED: July 2, 1976 LOCATION: Westerly of and adjacent to Bandley Dr. approximately 500 ft. no-:therly of the intersection of Bandley Dr. and Alves Dr. CONDITIONS AND FURTHER FINDINGS: 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 hrerein shall apply. 15. That the approval is based upon Exhibit A, 2nd Revision, of Application 15-U-76, as may be modified by the special conditions contained herein. 16. The land use intensity shall be limited to an intensity that will not generate more than 16 one-way trips per acre during the peak traffic hour. For the purposes of the 16 one-way trip Traffic Intensity Performance Standard, the following accounting of trips is hereby incorporated into the project-approval. Trips allocated to project land area 69 Trips generated by project 24 Surplus Trips 45 In the event a development does not utilize the full 16 trips per acre allotted by the Trip End Performance Standard, the owner of record shall have the ability to either retain, sell or transfer trips with other property owners within the North De Anza Boulevard study area as defined by this document. All sales or transfers of trips shall be filed with the Planning Director and City Clerk. No sale or transfer shall be finally consummated until a use permit has been approved for the property to which the trips are to be applied. The applicant shall record a covenant to describe the trip-acre constraint and the total number of trips allocated to the particular development at the time of the develop- ment approval. The covenant shall be worded in a manner to suggest that the future purchaser of properties consult the North De Anza Boulevard conceptual zoning file and individual use permit files to obtain an up- to-date status report of the total number of trips allocated to each particular property. The applicant shall submit documentation from the seller of trips identified above indicating the trips have been transferred to the applicant. ® 17. The applicant shall provide extensive landscaping along the southerly property line to act as a privacy screen from the adjoining development subject to the review and approval of the Architectural and Site Approval Committee. -2- CITY OF CUPERTINO 4 City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 411 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND- ING APPROVAL OF A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a USE PERMIT, as stated on Page 2; and WHEREAS, the applicant has met the burden of proof required to support said application; and 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, safety and public welfare, f. 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 maps, facts, exhibits and other evidence submitted in this matter, the application 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) 411 1- , 1 15-U-76 Resolution No. 1592 (continued) 18. The applicant shall provide mini cul-de-sacs at the terminus of Garden ® Gate Drive and Hanford Drive subject to the specifications and review by the City Engineer. The cul-de-sacs shall be incorporated into the final building site plan and constructed as part of this development/ 19. The private roadway section shall contain a pavement width of twenty- four (24) feet from curb to curb. The roadway section shall constitute a public service easement; other public service or utilities easements may be incorporated in the plan. 20. 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 A, 2nd Revision". 21. The pavement, curbs, gutters and storm drains 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 and subject to City inspection. 22. 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 Committee. 23. 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. 24. 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 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. 25. Removal of any trees on the site shall be subject to the approval of the Architectural and Site Approval Committee. 26. 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, as defined in Section 16.13 of Ordinance No. 220(e) , shall in this case be dedicated to the City. 411 -3- 1 15-U-76 Resolution No. 1592 (continued) 27. Maintenance of the common areas shall be the responsibility of the homeowners association to which the common areas are deeded. In the 411 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) 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. 28. 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. 29. 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. 30. 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. 31. Automatic garage door openers shall be installed on each garage. Each garage shall have a minimum inside width and depth of twenty (20) feet and twenty-three (23) feet, respectively. • 32. In the event 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, 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 said 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. Units 6 and 15 shall be revised so as to enable said dwellings to be served by separate driveways at least twenty (20) feet in length. S -4- 15-U-76 Resolution No. 1592 (continued) PASSED AND ADOPTED this llth day of October, 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 Blaine, Koenitzer-, Woodward, Chairman Adams NAYS: Commissioner Gatto ABSTAIN: None ABSENT: None APPROVED: /s/ Victor J. Adams Victor J. Adams , Chairman Planning Commission ATTEST: ames H. Sisk Planning Director • • • 110 -5-