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HomeMy WebLinkAboutPC Reso 207211-U-80 RESOLUTION NO. 2072 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 18 SINGLE-FAMILY DETACHED DWELLINGS IN A P (PLANNED DEVELOPMENT) ZONE. APPLICANT: Westwind Development ADDRESS: 13901 Campo Vista Lane, Los Altos, California 94022 SUBMITTED: May 8, 1980 LOCATION: North side of Stevens Creek Boulevard approximately 100 ft. easterly of Phar Lap Drive FINDINGS AND SUBCONCLUSIONS: 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 12, 1980. 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. The approval is based upon the general design guidelines and street circulation pattern denoted on Exhibit A of Application 11-U-80, as may be amended by additional conditions contained herein. 16. Dwellings constructed on lots abutting Tract 3628 (Oakdell Ranch), shall be designed in a manner to minimize privacy intrusion into opposing yard spaces. Upper story windows shall not be oriented to the opposing rear yards of lots located in Tract 3628. 17. The historically significant tank house shall be retained and restored to resemble its original form and function. Said tank house may not be used as a separate residential dwelling unit. The tank house structure may be used as a detached accessory building. The applicant/property owner shall record a covenant obligating existing and future property owners of Lot 13 to maintain the tank house structure in reasonably good condition and repair. Applicant/property owners shall consent to an annual inspection of the tank house by the Building Department of the City of Cupertino for the purpose of reviewing the physical condition of the tank house. In connection therewith, applicant/property owners shall grant the City the right to enter upon the property for the purpose of inspecting the condition of the tank house. If the Building Department of the City of Cupertino finds the tank house to be in an unreasonable state of disrepair, the City shall provide the property owners with a copy of its report and shall pro- vide the property owners with a reasonable opportunity to repair the tank house. If the property owners fail to so repair the tank house, the City shall perform all necessary maintenance and repair. Any and all costs incurred by the City in maintaining and/or repairing the tank house shall be charged to the property owners. -2- 11-u-80 Planning Commission Resolution No. 2072 (continued) The covenant shall also require that the property owners maintain proper insurance to protect the structure from damage caused by fire or natural hazards. The property owners shall cause the City of Cupertino to be named as a co-insured under such insurance policy. The covenant shall also require that the property owners maintain general liability insurance to protect the City from any and all claims arising out of the continued existence of the tank house. The City shall be named as a co-insured on said insurance policy. In addition, the property owners shall agree to hold the City harmless from any and all claims arising out of the continued existence of the tank house. 18. Whenever feasible, dwellings shall be oriented on lots in a manner to maximize sun exposure on south -facing walls and at least one roof element shall be oriented to accommodate solar collectors. The intent of this condition is not to require passive solar design in terms of building orientation nor require installation of active solar heating.systems. The intent is to provide an opportunity for subsequent owners to use an active or passive solar system. The determination of feasibility for dwelling orientation is based upon constraint related to tree locations, topography, and lot configuration. The buildings shall also be designed and oriented in a manner which permit solar access to roof elements on adjoining properties in Tract 3628. 19. The building setback and height requirements of the R1 zone district shall apply with the following exceptions. 1. The rear yard setback for Lots 1, 2 and 13 through 18 shall be a minimum of 20 ft. for a single story element and 25 ft. for a two story element plus one additional foot for each foot of vertical distance from the first level finish floor elevation of adjoining properties in Tract 3628 to the proposed finish floor of opposing dwelling on the subject lots. 2. With the exception of the northern boundary of Lot 3, the side yard setbacks for Lots 3, 4, 9, and 10 may be reduced from 5 ft. and 10 ft. for a first and second level requirement to a 5 ft. requirement for one and two story elements and 10 ft. for a three story element. The front yard setback for Lots 3, 4, 9, and 10 may be reduced to 15 ft. in lieu of 20 ft. Lots 3, 4, 9, and 10 may contain three stories. 20. The street trees shall be the same variety which currently exists on 0akdell Place and 0akleaf Place. 21. The applicant shall install fencing and landscaping on the Stevens Creek frontage. The fencing and landscpaing plan shall be reviewed by the Architectural and Site Approval Committee. The plan shall utilize low maintenance plant materials which are indigenous to the Stevens Creek flood plain. The applicant shall post a cash amount equal to ten years of landscaping maintenance expense. -3- i .. Planning Commission Resolution No. 2072 (continued) PASSED AND ADOPTED this 12th day of May, 1980, 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, Blaine, Claudy NAYS: None ABSTAIN: Commissioner Johnson, Chairman Koenitzer ABSENT: None ATTEST: 1l1'd�/Vl, Robert Cowan Assistant Planning Director APPROVED: Is/ R. D. Koenitzer R. D. Koenitzer, Chairman Planning Commission