PC Reso 1587 22-Z-76
RESOLUTION NO. 1587
® OF THE PLANNING COMMISSION OF TAR CITY OF CUPERTINO
RECOMMENDING THE APPROVAL OF A CHANGE OF ZONE FOR
APPROXIMATELY 1.06 ACRES FROM R2-4.25 (RESIDENTIAL,
DUPLEX, 4,250 SQ. FT. PER DWELLING UNIT) TO R1C
(RESIDENTIAL, SINGLE-FAMILY, CLUSTER DEVELOPMENT)
ZONE
APPLICANT: Clayton T. & Twila C. Woods
ADDRESS: 430 Stanford Avenue, Palo Alto, California 94306
SUBMITTED: August 31, 1976
LOCATION: Southwest corner of the intersection of Foothill Blvd. and
Alcalde Rd.
ACREAGE: 1.06 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. The approval is based upon Exhibit A, 22-Z-76, as may be amended
by additional conditions contained herein.
16. With regard to improvement of streets in and around this development,
the following standards shall apply:
410
(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.
Cb) All private streets shall be inspected by the City during
construction.
Cc) City Ordinance No. 276 regulating parking of trailers, campers,
repairing vehicles, etc. , shall apply to the private street and
to all parking along said streets. The parking of recreational
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.
(d) Adequate turnaround space shall be provided at the termini
of the private driveway subject to the approval of the Central
Fire District.
17. The following covenants and development standards for common areas
within the development shall apply:
(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
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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, 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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22-Z-76
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Resolution No. 1587 Ccontinued)
Subdivision Ordinance. The collation 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 therefor 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 cotmuon 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.
18. 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 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.
® 19. A revised plan shall be prepared providing for the following site plan
modifications:
(a) A twenty-five (25) foot setback distance is required, measured
between all garage doors and front property lines and/or sidewalks.
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22-Z-76
Resolution No. 1587 Ccontinued)
® (b). The southwesterly dwelling shall be shifted northerly to provide
a minimum twelve C12) foot setback from the southern boundary line
of the project.
Cc) The middle dwelling unit fronting on Alcalde Road shall be rotated
to shift the garage to the west.
Cd) The garage for the westerly most dwelling unit located on Alcalde
Road shall be served by the adjoining driveway to the west.
(e) The two driveways on Foothill shall provide for turnaround space
so as to eliminate the necessity to back onto Foothill Boulevard.
(f) The Architectural and Site Approval Committee shall evaluate the
building elevations with the understanding that the final building
design reflect a minimum building mass.
PASSED AND ADOPTED this 29th day of September, 1976, at a regular adjourned
meeting of the Planning Commission of the City of Cupertino, State, of California,
by the following roll call vote:
® AYES: Commissioners Blaine, Koenitzer, Woodward, Chairman Adams
NAYS : None
ABSTAIN: None
ABSENT: Commissioner Gatto
APPROVED:
Victor J;' Adams, Chairman
Planning Commission
ATTEST:
James H. Sisk
Planning Director
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