PC Reso 13981.-.U-7 5
RESOLUTION NO. 1398
OF THE PLANNING COMMISSION OF THE CITY Or, CUPERTINO
' RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW.
CONSTRUCTION OF A 40-UNIT CLUSTER DEVELOPMENT
j APPLICANT: May Investment Company
ADDRESS. 21060 Homestead Road, Cupertino, California 95014
l SUBMITTED; January 13, 1975 ,
LOCATION: Approximately 375 feet westerly of the intersection of Forest
St, and Vista Dr. and adjacent to and southerly of the future
extension of Lazaneo Dr. between Saratoga -Sunnyvale Rd. and
Vista. Dr.
ZONE- P (PlannedDevelopment with residential, single-family, cluster
intent)
ACREAGE: 5.6 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. r
15. That the approval is based upon the site plan, labeled Exhibit'A,,
2nd Revision, of 1-U---75, .as may be modified by additional conditions
contained herein.
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16 That automaticgarage.door..openers be ins.talled.for each unit and
that the minimum inside garage dimension be 20 ft., by 21 f t o
17. That the individual units shall be arranged in a manner to ;preclude
visual privacy.
18. 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) Ail private streets shall be inspected by the City during
construction.
(c) Sidewalks shall be a minimum of four and one-half (4a5)
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.
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C I T Y O F C U P E R T I N 0
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City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COIIISSION 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 :ahich the property is located;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of naps, 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)
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Planning Commission Resolution No. 1398:(continued)
(e)
There, shall be a system for the naming of .the private street
and for address numberssubject 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
prohibited throughout the entire development unless said parking
is within an enclosed area. Vehicular curb parking along the
private street shall be prohibited e-xcept in designated areas.
Appropriate P°No Parking" signs shall be 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.
(h)
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.,
(i)
Adequate turn. -around space shall be provided at the termini. of
the private streets subject to the approval of the. Central
Fire District.
190 Improvements and Covenants for Common Area
(a)
Improvement of the common, areas shall be completed by the .
developer and shall besubjectto bonding and other
procedures in the same manner asrequired 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; develop-
ment 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.- Tn the event the private road, driveways,parking
areas, walkways, landscaping or buildings are not maintained
Ito applicable City standards, the City may, after notice and
advertised public hearing, 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.
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Planning Commission Resolution No. 1398 (continued)
(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.
20. That the planting areas bordering the east' and west boundaries have
a minimum width of five (5) feet
21. That the textured street symbol on the site plan be constructed
with a textured concrete material: as approved by the Architectural
and Site Approval Committee.
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RASSED AND ADOPTED this 24th day of February, 1975, at a regular meeting of
the Planning Commission of the City of'.'Cupertino, State ofCa'liforiia, by
the following roll call vote:
AYES: Commissioners Adams, Woodward, Chairman Gatto
NAYS Commissioner Cooper
ABSTAIN: Commissioner OTKeefe
ABSENT: None
ATTEST: APPROVED:
awes Ho Sisk John M Gatto, Chairman
Planning Director Planning Commission
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