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Reso 1859 13-Z-78 RESOLUTION NO. 1859 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF REZONING OF APPROXIMATELY 2.3 ACRES FROM P (PLANNED DEVELOPMENT) TO R1C (RESIDENTIAL, SINGLE-FAMILY CLUSTER) ZONE. APPLICANT: Howard Ruth, Jr. & Alan B. Simpkins ADDRESS: 2205 Vineyard Court, Los Altos, California 94022 SUBMITTED: June 9, 1978 LOCATION: Southwest corner of Pacific Avenue and Whitney Way Approval is recommended subject to the findings as set forth on Page 1 and subconclusions as set forth in the minutes of the Planning Commission meeting of July 10, 1978. 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 enumerated herein shall apply. 15. That the approval is based upon Exhibits A, B, C, D, Informational, and A-1 and B-1 as presented at the meeting, of Application 13-Z-78 as may be amended by additional conditions contained herein. 110 16. In no case shall windows at the second floor level be permitted to face in a southerly direction on the ten southerly units. 17. The applicant shall accommodate 4 1/2 parking stalls per dwelling unit. Additionally, the applicant shall install a sectional roll-up garage door for each of the units to minimize the potential for auto over-hang into the private drive area. 18. To minimize the degree of privacy intrusion into the private yard spaces of the units, the applicant shall install specimen trees along the common property lines of the southerly most units to block view corridors of the east and west facing windows subject to the review and approval of the Architectural and Site Approval Committee. Additionally, the applicant shall accommodate a substantial landscaping screen along the westerly most property line of the project to buffer Units 1 and 2 from the planned office development to the west. 411 -2- City of Cupertino California RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND— ING THE GRANTING OF A ZONE CHANGE WHEREAS the attached application has been submitted to the City of Cupertino requesting a change 'of zone in the zoning regulations of the City, as stated on Page 2; and WHEREAS- the Planning Commission has held at least one public hearing in regard to the application on the date as noted on said application; and WHEREAS the Planning Commission has duly considered and heard all evidence submitted in regard to said application; and WHEREAS the necessary public notices have been given as required by the Zoning Ordinance of the City of Cupertino; NOW, THEREFORE, BE IT RESOLVED: That the Planning Commission finds that the proposed zone 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, 111 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. That said Planning Commission, therefore, reports favorably to the City Council in the matter of granting said zone change. 110 -1_ 13-Z-78 Resolution No. 1859 (continued) ® 19. 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 if it is then in effect, 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. If the project is approved an appeal may be made by any interested party. 20. 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 recom- mended 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 Department after consultations with the Postmaster, the Central Fire District and the County Communications Office. 110 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 -3- 13-Z-78 Resolution No. 1859 (continued) vehicles such as boats, trailers, campers, etc. , shall be pro- hibited 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 may 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 of 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. 21. 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 410 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 hear- - ing, effect the necessary maintenance with the cost therefore 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 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. -4- 13-Z-78 Resolution No. 1859 (continued) e PASSED AND ADOPTED this 10th day of July, 1978, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Claudy, Gatto, Koenitzer, Chairperson Blaine NAYS: None -ABSTAIN: None ABSENT: Commissioner Adams APPROVED: /s/ Sharon Blaine Sharon Blaine, Chairperson Planning Commission ATTEST: 410 • Vttfr Robert Cowan Assistant Planning Director 411 -5-