PC Reso 1519 10-Z-76
RESOLUTION NO. 1519
K.
THE PLANNING COMMISSION OF THE CITY OF CUPERTINO •
RECOMMENDING THE APPROVAL OF AN APPLICATION TO REZONE
APPROXIMATELY 6.48 ACRES FROM R1-10 (RESIDENTIAL,
SINGLE-FAMILY, 10,000 SQ. FT. PER DWELLING UNIT) TO
R1C (RESIDENTIAL, SINGLE-FAMILY, CLUSTER DEVELOPMENT
INVOLVING 28 DWELLINGS) .
APPLICANT: May Investment Co.
ADDRESS : 21060 Homestead Rd. , Cupertino, California 95014
SUBMITTED: April 2, 1976
LOCATION: Southerly of Stevens Creek Blvd. and easterly of Scenic Blvd.
at the southeast corner of the intersection of Stevens Creek
Blvd. and Scenic Blvd.
ZONE: R1-10 (Residential, single-family-, 10,000 sq. ft. per dwelling unit)
ACREAGE: 6.48 acres
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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, Exhibit B 1st Revision, and
Exhibit C of 10-Z-76, as may be modified by additional conditions
(® herein.
16. Unit #24 shall be shifted to within twenty (20) ft. of the private
road for the purpose of creating additional visual access between •
Units #24 and #25.
17. The approval is contingent upon final approval of a tentative sub-
division map and, if determined to be necessary, the abandonment of
a segment of Scenic Boulevard.
18. Pedestrian access shall be provided between the proposed terminus
of Scenic Boulevard and Stevens Creek Boulevard.
19. The applicant shall dedicate and improve the frontage on Stevens
Creek Boulevard, based upon the proposed street right of way described
on Exhibit B - 1st Revision and Exhibit C. In the event subject right
of way is not adopted in conjunction with the current Stevens Creek
Boulevard Plan Line hearing, the unneeded portion of the property shall
be reconveyed to the developer or subsequent homeowners' association.
20. 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 glan shall be submitted to the Director of Planning and
Development.
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10-Z-76
Resolution No. 1519 (continued)
If the Director of Planning and Development makes a finding that the
changes are minor and do not affect the general appearance of the
410 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
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.
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.
(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 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.
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• 10-Z-76
Resolution No. 1519 (continued)
• (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 tp the approval of the Central Fire
District.
22. 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 responsibility of
t. the homeowners association to which the common areas are deeded.
In the vent 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 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.
23. Sidewalks shall not be included in the street section for Scenic
Boulevard.
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10-Z-76
Resolution No. 1519 (continued)
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410
PASSED AND ADOPTED this 10th day of May, 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, Gatto, Koenitzer, Woodward, Chairman Adams
NAYS : None
ABSTAIN: None
ABSENT: None
APPROVED:
/s/ Victor J. Adams
Victor J. Adams , Chairman
Planning Commission
ATTEST:
James H. Sisk
Planning Director
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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 heldat 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,
Aft'c) Provides for adequate open spaces for light and air,
d) Permits adequate control of fires,
e) Promotes the health, safety and ipublic 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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