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Home My WebLink AboutPC Reso 12503-Z-74 RESOLUTION NO. 1250 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE APPROVAL of a rezoning 1.65 acres from R1-10 (Residential, single --family, 10,000 sq. ft. per dwelling unit) and .93 acres from CG (General Commercial)(Interim Zone), total size of said property is 2.58 acres, to P (Planned Development with single- family, residential, cluster intent) zone. APPLICANT: Vista Construction Co. (Raclin & MacDonald Enterprises) ADDRESS: 2980 Sand Hill Rd., Menlo Park, CA 94025 SUBMITTED: February 1, 1974 LOCATION: Westerly and adjacent to Vista Drive beginning 260 ft. north of Stevens Creek Blvd. ZONE: R1-10 (Residential, single-family, 10,000 sq. ft. per dwelling unit) and CG (General Commercial) (Interim Zone) ACREAGE: 2.58 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. Approval is based upon the site plan labeled Exhibit B, 3-Z-74, as may be modified by additional conditions enumerated herein. The approval is additionally contingent upon the amendment of the Crossroads/Core Area Plan Line to delete the extension of Torre Ave. between Stevens Creek Blvd. and the extension of Forest Avenue. 16. The total area of individual lots plus common area usable for recreational purposes, but excluding common area for parking and traffic, in square feet, shall be at least 5,000 times the number of dwelling units. The number of dwelling units shall not exceed eighteen (18). 17. The private roadway section shall contain a pavement width of twenty-four (24) feet from curb to curb. The roadway section shall constitute a public service easement; other public service or utilities easements may be incorporated in the plan. 18. All buildings, fences, streets and other roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on the development plan labeled "Exhibit B". 19. 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. -2- City of Cupertino California RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOIvIEND- 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 WHEREAS the Planning Commission has duly considered and heard all evidence submitted 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) Permits adequate control of fires, e) Promotes the health, safety and public welfare, f) Provides fcr 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. -1- 3-Z-74 Planning Comm. Resolution No. 1250 (continued) 20. The private street and the major walkways shall be lighted to an intensity according to good engineering practices and standards for the purposes intended; the type and location of electroliers subject to approval by the Architectural and Site Approval Committee. 21. 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. 22. 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. Vehic- ular curb parking along the private street shall be prohibited except in designated areas. Appropriate "No Parking" signs shall be installed by th^_ applicant. 23. Removal of any trees on the site shall be subject to the approval of the Architectural and Site Approval Committee. 24. 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 Ordi- nance. The common areas shall be deeded to an association of the homeowners for whose benefit the common area is set aside; develop- ment rights, as defined in Section 16.13 of Ordinance No. 220(e), shall in this case be dedicated to the City. 25. 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, 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 main- tenance, 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. 26. The owner of the development will be required to participate in the initiation of a 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. 27. 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. -3- 3-Z-74 Planning Comm. Resolution No. 1250 (continued) 28. 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. 29. 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. 30. Adequate turn -around space shall be provided at the termini of the private streets subject to the approval of the Central Fire District. 31. Vehicular parking shall be provided based on 3.0 spaces per dwelling unit. 32. Automatic garage door openers shall be installed on each garage. Each garage shall have a minimum inside width and depth of twenty (20) feet and twenty-three (23) feet, respectively. 33. 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 a ect t e genera- appearance of t e 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, theapplicant 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. --------------------------------------------------------------------------- PASSED AND ADOPTED this 25th day of March, 1974, 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, Gatto NAYS: None ABSTAINING: Commissioner O'Keefe ABSENT: None ATTEST: APPROVED: Robert S. Cowan Associate Planner Daniel P. O'Keefe, Chairman Planning Commission -4-