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.
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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.
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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.
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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
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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.
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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
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