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PC Reso 1393 o- 2-U-75 RESOLUTION NO. 1393 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT SIXTY: ONE (61) SINGLE FAMILY CONDOMINIUM DWELLING UNITS WITHIN. A P (PLANNED DEVELOPMENT- WITH SINGLE-FAMILY RESIDENTIAL CLUSTER INTENT) ZONE. APPLICANT* William- J. Herman (Kester Property) ADDRESS* 220 State Street, Los Altos, California 94022 SUBMITTED* January 23, 1975 LOCATION* Adjacent to and easterly of Stevens Canyon Road approximately 200 feet southerly of Riverside Dr. ZONE* P (Planned Development with single-family residential cluster intent) ACREAGE* 17.9 acres 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. That the approval is based upon Exhibit A and B of 2-U-75, as may be modified by additional conditions contained herein. 16. That prior to consideration of a tentative map for the subject develop- ment, the applicant shall submit additonal_ geol.ogic work relative to the confirmation or denial of 'the presence of an active or-potentially active fault traversing the property. ­Particular emphasis should be placed on that portion of the :site described in the Burkland 'and Associates_ letter of.February 6, 1975 as having seismic anomalies. Additionally, the applicant shall complete a geologic and soil investigation of a westerly segment of the site suspected of having a.,springe 17 That the grading and site plan for the Stevens Canyon Road/private drive entrance area be modified as follows: a) The vertical alignment of the private drive s`ha11 be modified .-to provide a relatively flat stacking space for four (4)- cars. b) The unit opposite Lot 77 of Tract 3571 shall be shifted five (5) feet in a southerly direction ,and shall have a maximum finish floor elevation of four hundred forty-two (442) . c) That the modified grading plan shall not require the construction of a retaining wall over four (4) feet in height. 18. That the first unit located southerly of the Stevens Canyon Roadway entrance (unit with finished floor elevation 417) be shifted approxi- mately five (5) additional feet from the property line. -2 C I T Y O F C U P E R T I N 0 City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND- ING APPROVAL OF A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a USE PERMIT, as stated on Page 2; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements : 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, d. Permits adequate control of fires, e. Promotes the health, safety and public welfare, f. Provides for the orderly development of the City, and g. Is advantageous to the property and improvements in the zoning district and neighborhood in which the property is located; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application of the USE PERMIT is hereby recommended for approval, subject to the conditions stated on Page 2; and BE IT FURTHER RESOLVED: That the aforementioned findings be approved and adopted, and that the Secretary be, and is hereby directed to notify the parties affected by this decision. (Continued on Page 2) -1- G 2-U-75 Resolution. Noe 1393 (continued) 19. When deemed desirable by the City Council, provisions shall be made for dedication of public trail easement through the common area for use of the public in connection with a lineal trail system described in Stevens Creek Flood Plain General Plan Amendment adopted January 6, 1975. 20. A registered landscape architect shall submit plans to the Architectural and Site Approval Committee regarding the protection of existing on-site and off-site trees in terms of construction/grading activities and future water irrigation plans. 21. 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 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 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 -arfd 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 .b.e--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; provisions of said ordinance subject to the approval of the enforcing agency. -3- 2-U-75 Resolution No. 1393 (continued) h) The roadways of the.private street plus a 5-foot wide strip on either side shall constitute a public service easements 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. j) That the Drea Road/Private Drive access be designed in a - manner to preclude normal automotive traffic but allow emergency vehicles, pedestrian, and bicyclists. The Drea Road/Private Drive access design shall be evaluated by the Architectural and Site Approval Committee. 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 the homeowners association to which the common areas are deeded. In the event the private road, driveways, parking areas, walk- ways, landscaping or buildings are not maintained to applicable City standards,.- the City may,. after notice and advertised public hearing, effect the necessary maintenance,-with the cost there- fore 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 recorda- tion 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. �4- 2-U-75 Resolution No. 1393 (continued) PASSED AND ADOPTED this loth day of February, 1975, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Adams, Cooper, O`Keefe, Woodward, Chairman Gatto NAYS: None ABSTAIN: None ABSENT: None APPROVED: John atto, Chairman Plan n.g Commission ATTEST: ames Ho Sisk Planning Director -5-