PC Reso 140631-U-74
RESOLUTION NO. 1406
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE APPROVAL OF A USE PERMIT TO ALLOW
CONSTRUCTION OF A RESIDENTIAL CLUSTER DEVELOPMENT
CONTAINING SIXTY UNITS.
APPLICANT: De Anza Racquet Club and Village Green (Don 0. Bandley and Equity
Development Co.)
ADDRESS: P. 0. Box 191, Cupertino, California 95014
SUBMITTED: November 20, 1974
LOCATION: Northwest corner of the intersection of Stelling Road and Stevens
Creek Boulevard
ZONE: P (Planned Development with Residential/Recreational and
Incidental Commercial Activities Intent)
• 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 herein shall apply.
15. That the approval is based upon Exhibit A, 3rd Revision of 31-U-74,
as may be modified by additional conditions contained herein.
16. That the off-street parking ratio shall be no lower than 3.4 parking
spaces per dwelling unit. The off-street parking ratio shall include
the garage spaces, guest parking spaces adjoining the garage and the
parking bays adjacent to the private driveways.
17. That the dwelling units immediately adjacent to Anton Way be
Is that
insulated so as to protect those residents from noises
that may emanate from the City park.
18. The covenants, conditions and restrictions on the deeds to individual
properties include a statement indicating the location of the amphi-
theater and the possible resultant noise that may accrue due to the
amphitheater. The purpose of the covenants, conditions and restrictions
statement will be to inform residents prior to purchase of their property
of noise that may emanate from activities conducted within the park
including that of the amphitheater so as not to have residents complain
of normal noise activity and therefore cause cancellation of cultural
activities.
19. That the City Council accept fees in lieu thereof rather than land
dedication in connection with the Park Dedication Ordinance requirements.
20. That the applicant/owner sign a reciprocal agreement with the owner of
the adjoining tennis club complex so as to provide for the emergency
fire access described on Exhibit A, 3rd Revision of 31-U-74 and 27-U-74.
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31-U-74
Resolution No. 1406 (continued)
21. That the property Lines for individual properties reflect the building
boundary lines and fence lines as described on the approved Exhibit A,
3rd Revision of 31-U-74.
22. That the Architectural and Site Approval Committee shall review plans
to ensure that the existing specimen oak and palms be protected from
future development and construction activities.
23. 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.
(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.
(e) There shall be a system for the naming of the private street and
for address numbers, subject to approval by the Building Depart-
40
ment 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.
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31-U-74
Resolution No. 1406 (continued)
(i) Adequate turn -around space shall be provided at the termini of
the private streets subject to the approval of the Central Fire
District.
24. 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 coumnon 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, landscap-
ing 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 therefore to be a 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
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.
(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.
25. That a minimum of one (1) controlled pedestrian access point shall be
installed between the tennis court complex and the residential complex.
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PASSED AND ADOPTED this 10th day of March, 1975, 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, Cooper, Woodward, Chairman Gatto
NAYS: None
ABSTAIN: None
ABSENT: Commissioner O'Keefe
ATTEST: APPROVED:
James tl. Sisk Jol n M. Gatto, Chairma
Planning Director P nning Commission