PC Reso 1502 1b-Z-75
RESOLUTION NO. 1502
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE APPROVAL OF A CHANGE OF ZONE FOR
APPROXIMATELY 8.8 ACRES FROM CG (GENERAL COMMERCIAL)
®
TO RIC (RESIDENTIAL, SINGLE-FAMILY, CLUSTER, 12 UNITS
PER GROSS ACRE) .
APPLICANT: Edmund F. Schnieders, Jr.
ADDRESS : 405 So. Beverly Dr. , Beverly Hills , California 90212
SUBMITTED: September 29, 1975
LOCATION: Northwest corner of the intersection of North De Anza Blvd.
and Homestead Rd. •
ZONE: CG (General Commercial)
ACREAGE: 8.8 acres
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.
15. That the approval is based upon Exhibit B, as may be amended by
conditions contained herein.
16. That the applicant shall install landscape screening along the
northern property line to mitigate the reciprocal problem of visual
intrusion from the proposed and the existing second-story windows into
411 the rear yards subject to review and approval of the Architectural
and Site Approval Committee.
so
17. That the applicant install landscape screening between the subject
property and the existing adjacent uses on the southeast and south-
west corners of the parcel to mitigate the light and noise intrusion
subject to review and approval by the Architectural and Site Approval
Committee.
18. That the site plan be modified to provide at least twenty (20) ft.
between the garage door opening and the travelway for the 5-unit
building located in the northeastern corner of the property. A twenty
(20) ft. minimum rear yard distance shall be maintained between the
subject five-unit building and adjoining residential development in
the City of Sunnyvale.
19. That the entrances to the project site on Homestead Rd. and De Anza
Blvd. be increased to a twenty (20) ft. radius and that the median
strip on the enctance off Homestead Rd. be modified to the satis-
faction of the City Engineer to ensure that traffic flow is not
inhibited into or out of the project site. •
20. That the applicant shall install traffic regulatory signs on the
site at both entrances subject to the review and approval by the
• City Traffic Engineer.
21. That the parking stall size be decreased from the proposed 9 ft. x
20 ft. to the City of Cupertino standard for residential areas of
9 ft. x 18 ft.
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;
NOWT. THEREFORE, BE IT RESOLVED:
That the Planning Commission finds that the proposed zone change:
a) the Encouragesmo
st mo t appropriate use of land,
b) Conserves and stabilizes the value of property,
c) Provides for adequate open spaces for light and air, 110
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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16-2-75
Resolution No. 1502 (continued)
® 22. That those areas which are critical for auto backup be marked
"No Parking".
23. That the pool and cabana be situated to minimize the impact of noise
and distraction upon adjoining units as well as maximize the avail-
able open field area within the recreation area.
24. That an 8 ft. sound wall be constructed along- the eastern boundaries
and along the southern boundary of the property. That said wall be
continued on an angle at the entrances to reflect and buffer the
adjoining units from noise. Also, an 8 ft. sound wall shall be
installed along those portions of the site adjoining the Mobil Oil
Station site located at the southeast corner of the parcel and the
I.O.O.F. (International Order of Odd Fellows) building located on
the southwest portion of the site. •
25. That the developer shall provide a 20 ft. paved right of way to the
parcel in the northwest corner owned by the City of Cupertino. The
existing gate shall be relocated and the chain link fabric be replaced
as necessary. The free-standing garage shall be moved slightly to the
south to accommodate the need for the increased access.
26. That the existing power line to the City's property be undergrounded
and the panel relocated to clear the gate area.
27. That the windows located on the buildings identified in the noise
assessment study prepared by Edward L. Pack Associates on February
23, 1976- have a minimum STC rating of 25.
28. That the electrical panel on the pole mounted panel near the pump
be enclosed with an appropriate sound. enclosure to mitigate the
noise impact. • , z
29. That the common party walls be constructed with full depth
insulation between the studs in each wall section to ensure an
STC noise reduction rating of 52 decibels between units.
30. 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 per-
mit 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
411 construction.
(c) Sidewalks shall be a minimum of four and one-half (4.5)
feet in width.
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16-Z-75
Resolution No. 1502 (continued)
(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.
(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; pro-
411 visions of said ordinance subject to the approval of the
enforcing agency.
(h) The roadways of the private street plus a 5-foot wide '1
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,
31. 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 responsi-
bility of the homeowners association to which the com-
•
mon areas are deeded. In the event the private road,
411 driveways, parking areas, walkways, landscaping or
buildings are not maintained to applicable City standards,
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• 1
Resolution No. 1502 (continued)
the City may, after notice and advertised public hearing,
410 effect the necessary maintenance, with the cost there-
for 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 Covenents ,
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.
32. Roll-up type garage doors are required. Automatic, radio-
controlled roll-up doors are required for units with a
410 driveway apron with less than 20 feet in depth from the
edge of the private roadway.
33. All dwelling units located adjacent to the northern
boundary that are opposite a single story structure
located in the city of Sunnyvale shall have a minimum
rear-yard setback of 25 feet.
PASSED AND ADOPTED this 8th day of March, 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 Cooper, Woodward, Chairman Gatto
NAYS : None
ABSTAIN: Commissioner O'Keefe
ABSENT: Commissioner Adams
ATTEST: APPROVED:
/s/ John M. Gatto
•
ames H. Sisk John M. Gatto, Chairman
Planning Director Planning Commission
410
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