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PC Reso 14339-Z-75 RESOLUTION NO. 1433 OF THE PLANNING COMMISSION OF THE CITY. OF CUPERTINO RECOMMENDING APPROVAL OF APPLICATION 9-Z-75 REZONING 2.24 ACRES FROM R1-10 (RESIDENTIAL, SINGLE-FAMILY, 10,000 SQ. FT. PER DWELLING UNIT) TO RIC (7.6 DWELLING UNITS PER ACRE., A TOTAL OF 18 DWELLING UNITS). APPLICANT* May Investment Company ADDRESS* 21060 Homestead Road, Cupertino, California 95014 SUBMITTED* May 30, 1975 LOCATION* Southerly of the City Corporation Yard, approximately 300 ft south of the extension of Meteor Drive, on the west side of Mary Avenue. ZONE* R1-10 (Residential, single-family, 10,000 sq. ft. per dwelling unit) ACREAGE* 2.24 acres 1-14. Standard Conditions to the extent that they.do not conflict with the special conditions enumerated herein. in the event a`conf'lict does exist, the special conditions as enumerated herein shall apply. 15. Approval is based upon the site plans labeled Exhibits A and.A-1 of 9-Z-75, as may be modified by additional conditions enumerated herein. .16. A minimum>10-Moot setb;ack,.shall be provided in the rear yards of all units adjacent to the southerly property line and a minima of' 12 foot rear yard setback shall be provided for all units adjacent to the. northerly property line. 17. That all walls located on common property lines shall be windowless. 18. A sidewalk shall be provided on at least one side of the private street. 19. That a minimum 20-foot front setback from property lire to garage door (driveway area) shall be provided on each unit, to be increased as neces- sary so that the required 20-foot driveway does not encroach into the sidewalk area. 20. Fencing shall be provided on the north and south boundary rear yard areas subject to review and approval by the Architectural and Site Approval Committee. 21. Grasscrete, cobblestone or similar treatment shall be randomly provided throughout the private street areas and guest parking areas in order to break up the pavement appearance subject to final approval by the Architectural and Site Approval Committee. 22. A minimum 20-foot building setback from property line shall be provided along the Mary Avenue frontage. 23. An air conditioning system or equivalent ventilating system shall be installed on two --story units so as to properly ventilate the second story even with the window closed. I -2- 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 WHEREASI the Planning Commission has duly considered and heard all evidenc'e�§u'bmitted 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, d) Pero -its 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. 9-Z-75 Resolution No. 1433 (continued) 24 No outdoor porches or similar structures or areas shall be constructed or provided at the second story level. 25. The private roadway sections shall contain a pavement width of twenty- four (24) feet from curb to curb. The roadway section shall constitute a public service easements other public service or utilities easements may be incorporated in the plan. 26. All buildings, fences, streets and other roadways, parking areas, land- scaping and other facilities or features shall be located substantially as shown on the development plan. labeled "Exhibit A-V' of 9-Z-75. 27. The pavement, curbs, gutters and storm drains -'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 and subject to City inspection. 28. The private street and the major walkways shall be lighted to an intensity according to good engineering practices and standards for the pruposes intended, the type and location of electroliers subject to approval by the Architectural and Site Approval Committee. 29. 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. 30. City Ordinance No. 276 regulating parking of trailers, 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, 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 be installed by the applicant. 31. Removal of any trees on the site, with the exception of orchard trees, shall be subject to the approval of the Architectural and Site Approval Committee. 32. 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 asides development rights, as defined in Section 16013 of Ordinance No. 220(e), shall in this case be dedicated to the City. 330. Maintenance ofthe 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 public hearing as set forth in Ordinance 002(a) Section 5.3, effect the necessary maintenances with the cost therefor to'be a lien on the property in the same manner as set forth in the Weed Abatement Ordinance of the City of Cupertino. 9--•Z-75 Resolution No. 1433 (continued) 34. To assure that the open space shall be available for the entire development, the development rights to the common areas shall be dedicated in advance of the issuance of any building permits. .35. 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 charges in said declaration shall be subject to the approval of the City Council. 36. The articles of incorporation of the Homeowners Association and any other instrument rd,lated to said association shall be subject to the approval of the City Attorney. 37. Adequate turnaround space shall be provided at the terminus of the private street subject to the standard of the Central Fire District (i.e. 20 ft. by 62 ft. with 35,000 lb. capacity), the .exact location to be approved by the Architectural and Site Approval Committee. That portion of the turnaround which is riot necessary for everyday vehicular. use shall be treated with grasscrete, cobblestone, or equivalent type of paving treatment. The essential fire turnaround area (20 ft. by 62 ft.) shall be appropriately posted to discourage vehicular parking. Two to four of the parking stalls may be deleted to accommodate the turnaround area. 38. Each garage shall have a minimum inside width and depth of twenty (20) feet and twenty (20) feet, respectively. 39. In the event the applicant shall desire to make any change, alteration or amendment in the approved Development Plan, a written request and a revised Development Plan shall be submitted to the Planning Director. If the Planning Director 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 Planning Director may certify the change on the revised plan. If .such .approval, is withheld, the applicant may appeal to the Planning Commission. If the changes are material, the Planning Director shall submit said changes to the Planning Commission. If the change or changes are denied by the Commission, the applicant may appeal to the City Council, as provided in Ordinance '002(a) of the City of Cupertino. 40. Automatic garage door openers shall be provided for each dwelling unit. 41. Landscaped screening shall be provided along the southerly property line of Units 6, 7, 8 and 9 in an attempt to provide for privacy of the rear patio areas. Said screening may include mature trees and shall be subject to approval of Architectural and Site Approval Committee. -4- a rt 9-Z- F 5 Resolution. No. 1433 (continued) 42. Four additional parking spaces shall be provided along the northerly side of the private street. The total number of parking spaces on the site need not exceed 84 spaces. -------------------------------------------------------------------------- PASSED AND ADOPTED this 28th day of July, 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 Cooper, Woodward, Chairman Gatto NAYS., Commissioner O'Keefe ABSTAIN: None ABSENT. Commissioner Adams APPROVED. /s/ John M. Gatto John M. Gatto, Chairman Planning Commission ATTEST: James H. Sisk Planning Director