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Reso 1643 33-Z-76 RESOLUTION NO. 1643 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO 41111 RECOMMENDING APPROVAL OF A REQUEST TO REZONE APPROXIMATELY ONE ACRE FROM R2-4.25 (RESIDENTIAL, DUPLEX, 4,250 SQ. FT. PER DWELLING UNIT) TO R1C (RESIDENTIAL, SINGLE-FAMILY, CLUSTER DEVELOPMENT) . APPLICANT: Clayton T. & Twila C. Woods ADDRESS: 430 Stanford Avenue, Palo Alto, California 94306 SUBMITTED: December 21, 1976 LOCATION: Southwest corner of the intersection of Foothill Blvd. and Alcalde Rd. ACREAGE: Approximately one acre 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. Approval is based upon Exhibit A of Application 33-Z-76. 16. With regard to improvement of streets in and around this development, the following standards shall apply: (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. (b) All private streets shall be inspected by the City during construction. (,c) 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 -2- 33-Z-76 Planning Comm. Resolution No. 1643 (continued) 4110 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 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 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. 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 interest 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. 111) -3- 6 33-Z-76 Planning Comm. Resolution No. 1643 ( Continued) 4111/ 19. The applicant shall demonstrate to the Architectural and Site Approval Committee, techniques to ensure that the interior portions of all units meet the requirements of Title 25 of the Uniform Building Code. 20. The Architectural and Site Approval Committee shall review the landscaping for a coordinated design theme which complements the native vegetation in the surrounding neighborhood and area. 21:. The applicant shall widen the drive between Units 4 and 5 to accom- modate a minimum of 16 ft. to permit the parking of two automobile spaces to be located on the easterly side of the drive. 22. The applicant shall incorporate whatever design techniques are deemed necessary to ensure that the second story windows of the units does not inhibit the privacy of the rear yard areas. Cross sectional views and site distance relationship drawings shall be submitted to the Architectural and Site Approval Committee who shall ensure .that these design techniques are effective in meeting the privacy requirements of the R1C Ordinance. PASSED AND ADOPTED this 10th day of January, 1977, at a .regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: ® AYES: Commissioners Blaine, Gatto, Koenitzer, Chairman Adams NAYS: None ABSTAIN: None ABSENT: None APPROVED: t„ - , f . ram i.`J-2r1^'°- !Actor J: Adams, Chairman Planning Commission ATTEST: ( --) -1-'1a-- —' 4"‘" A"") James H. Sisk Planning Director dill -4- J