Reso 1833 1-U-78
RESOLUTION NO. 1833
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
410 21 SINGLE FAMILY'.'TOWNHOUSES.
APPLICANT: Domus Development Corporation
ADDRESS: Suite 333, 181 Second Avenue, San Mateo, California . 94401
SUBMITTED: January 20,' 1978
LOCATION: Adjacent to- and-northerly of Stevens :Creek Blvd. approximately
100 ft. east of Randy Ln.
Approval is recommended subject to the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the Planning Commission meeting
of May 8, 1978.
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 enumerated herein shall apply.
15. That the approval is based upon Exhibit A, B 1st Revision, B-1, B-4,
B-6 1st Revision, B-8, and C-2 of Applications 3-Z-78 and 1=U-78 as
may be modified by the conditions contained herein. •
16. That the applicant shall install landscape screening along the
northern property line to mitigate the reciprocal problem of visual
110 intrusion from the second-story windows into the adjoining rear yards
subject to review arid approval of the Architectural and Site Approval
Committee.
17. The applicant shall- maintain a minimum of 30 ft. building setback from
the northerly property line. Additionally, the building accommodating
units 8, 9, and 10 shall be separated by a minimum of 12 ft. from
• units,l ; 12, .and:;;13. - No second' story'balconies facing in la northerly
direction shall be permitted on units 8 through 13.
18. That the site plan be modified to provide at least twenty (20) ft.
between the garage door opening and the 24 ft. private travelway
for all buildings. Roll-up garage doors shall be required for all
units.
19. The circular turnaround area at the northerly terminus of the private
street shall be increased to a minimum radius of 32 ft.
20. The rear yard fences shall extend from the building to the perimeter
property line to enclose the patio and planting area for all units.
21. That the guest parking stall size shall be equal to the City of
Cupertino's standard for residential areas of 9 ft. x 18 ft. The
three guest stalls nearest Stevens Creek Blvd. shall be shifted to
the north to increase the available landscape screening area between
® said stalls and the public view of the project from Stevens Creek Blvd.
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CITY OF CUPERTINO
City Hall, 10300 Torre Avenue •
Cupertino, California 95014
410
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. That the use or uses are in conformance with the general plan
and is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located.
b. That the property involved is adequate in size and shape to
accommodate the proposed use.
c. That the proposed use will not generate a level of traffic •
over and beyond that of the capacity of the existing street
system.
d. That the proposed use is otherwise not detrimental to the
health, safety, peace, morals and general welfare of persons
residing or working in the neighborhood of such proposed use
nor injurious to property and improvements in the neighbor-
hood.
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.
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1-U-78
I
Planning Commission Resolution No. 1833 (continued)
22. The building plans shall incorporate all of the acoustical miti�
gation measures recounaended in the acoustical report labeled Exhibit
C-2 of Application 1-U-78, dated April 28, 1978. Said measures shall
include items 1 through 4 and 6 through 7 on pages 7 through 11; and
the optional measure listed as item B on page 11. Additionally, all
windows on units 1 through 7 and 14 through 21 shall have a minimum
outdoor to indoor noise reduction STC rating of 25 dBA.
23. 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, ex-
cept 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 of location
410 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 Depart-
ment 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.
(g) The owner of the development will be required to participate in
initiation of City ordinance to make the private streets 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
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1-U-78
Planning Commission Resolution No. 1833 (continued)
411
private streets subject to the approval of the Central Fire
District.
24. 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 pro-
cedures 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 com-
mon area is set aside; development rights shall in this case be
dedicated to the City.
fib) 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 therefore
to be alien 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 re-
viewed 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 sub-
ject to the approval of the City Attorney.
PASSED AND ADOPTED this 8th day of May, 1978, 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, Claudy, Koenitzer, Chairperson Blaine
NOES: Commissioner Gatto
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
110 /s/ Sharon Blaine
Robert Cowan Sharon Blaine, Chairperson
Assistant Planning Director Planning Commission
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