PC Reso 1487 •
23-Z-75
r RESOLUTION NO. 1487
OF 'THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN APPLICATION TO REZONE'
. APPROXIMATELY 2.80 ACRES FROM OA (ADMINISTRATIVE
AND PROFESSIONAL OFFICES) TO R1C (RESIDENTIAL,
SINGLE-FAMILY, CLUSTER)
APPLICANT: I. K. Ishimatsu
. ADDRESS : 10205 Finch Avenue, Cupertino, California 95014.
SUBMITTED: December 8, 1975
LOCATION: West side of Finch Avenue approximately 360 ft. southerly of
the .intersection of Sorenson Avenue and Finch Avenue
ACREAGE: 2.80 acres -
ZONE: OA (Administrative and Professional Offices)
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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. Approval is based upon site plan labeled Exhibit A and B of 23-Z-75 ,
as may be modified by additional conditions enumerated herein.
16. Unit #1 is to be moved ten (10) ft. in a westerly direction in order to
provide a larger back yard area for the resident. A minimum of a
twenty (20) ft. driveway must still be maintained.
17. The rear yard fence for Unit ##4 is to be adjusted to provide a minimum
of thirteen (13) ft, setback at the south property line of the develop-
ment.
18. The emergency access indicated in the open area on Exhibit B is to be
deleted and replaced with suitable turn-around areas subject to approval
of the Central Fire District and Architectural and Site Approval Committee.
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19. The street i.'provements for the development shall be regulated as
follows:.
(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) 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.
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City of Cupertino
California•
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RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECO? IEND—
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,
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c) Provides for adequate open spaces for light and air, _
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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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23-Z-75
rResolution No. 1487 (continued)
(d) 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.
(e) 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 the designated areas.
Appropriate "No Parking" signs shall be installed by the applicant.
(f) The owner of the development will be required to participate in
the initiation of City ordinance to make the private street sub-
ject 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.
(g) 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.
20. 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.
C.
(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 hearings,
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
COsaid declaration shall be subject to the approval of the City
Council.
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23-Z-75
Resolution No. 1487 (continued) . t
; (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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PASSED AND ADOPTED this. 12th day of January, 1976, at a regular meeting of the
Planning Couu<<ission of the City of Cupertino, State of California, by the fol-
lowing' roll call vote:
AYES : • Commissioners Adams., ,Cooper, O'Keefe, Woodward, Chairman Gatto
NAYS: . None . ,
ABSTAIN: None . '
ABSENT: None ... • .
APPROVED: • -
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/s/ John M. Gatto • .
John M. Gatto, Chairman -
. • - . Planning Commission -
• ATTEST: • .
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' c-44:4---Gil •
Robert Cowan
Assistant Planning Director •
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