U-1969-24b 80,000.6
� 24-U-69
RESOLUTION N0. 722
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE GRANTING OF A USE PERMIT for a
136 dwelling unit planned residential development.
APPLICANT: Donald Pritzker and George Fernandez
ADDRESS: Hyatt House, Burlingame, California
SUBMITTED: December S, 1969
LOCATION: Westerly of and ad�acent to Blaney Aves�::.
350 feet south of Stevens Creek Boulevard.
ZONING: Planned Development AREA: 11.3 acres
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CONDITIONS:
1-12. 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
here�.n shall apply.
13. This Use Permit is granted for the land as described in the
application and any attachments thereto, and as shown on the
plot plan submitted labeled Exhibit C.
14. The location of all buildings, fences, roadways,�parking areas,
landscaping and other facilities or features shall be locate�
substantially as shown on the plot p�an labeled Exhibit C,
except or unless indicated otherwise herein.
15. Rodrigues Avenue shall be dedicated to the City of Cupertino
and improved as required by the City Engineer.
16. Blaney Avenue shall be dedicated and improved as requir.ed by the
City Engineer.
17. The loop street and internal driveways shall be constructec�
according to the cross sections as shown in Exhibit B; sai�
Exhibit B is hereby made a part of this Resolution. A two-ca:�
garage shall be provided for each dwelling unit. Open parking
stalls shall be nine (9) feet wide.
18. The pavement, curbs, gutters and storm drains of the loop stree'�
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.
19. The loop 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.
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RESOLUTION N0. i22. (continued)
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CONDITIONS (continued)
20. The 24-ft wide roadway of the loop street plus a 5-ft wi�e strip
on each side shall const.itute a 34-ft wide public service ease-
ment; other public service or utilities easements may be incor-
porated in the plan.
21. There shall be a sysCem for naming of tYre loop street or for
address numbers, subject to approval by the Building Department
after consultations with the Postmaster, the C�ntral Fire District
and the County Communications Office.
22. City Ordinance No. 276 regulating parking of trailers, repairing
vehicles, etc. shall apply to the private loop street and to al)
bay parking along said street. The parking of recreational
vehicles such as boats, trailers, etc. shall be prohibited thro��, --
out the entire development unless said parking is within an
enclosed structure. Vehicular curb parking alor.g the loop streec
shall be prohibited.
23. Entrances to the development shall be designed so that the private
nature of the streets is indicated. There shall be signs in.dica;-
ing PRIVATE STREET, NO CURB PARKING, SPEED LI?�IIT 15 MPH, of a tv��c
and in a location approved by the City Engineer. Subdivisior��
identification signs and major directional signs shall be subjec[
to approval by the Architectural and Site Approval Commitree�
24. The owner of the development will be required to ��articinate ii�
the initiation of a City ordinance to make the loop streets subject.
to the Vehicle Code, under the provisions of Section 21107.7 of
said Code; provisions of said ordinance subject to approval of the
enforcing agency.
25. Planting, care and removal of trees shall be subject to City Ordi-
nance No. 125, except that existing fruit trees may be retained
providing they are sprayed or otherwise handled to the satisfac--
tion of the Building Official. Horizontal and vertical clearance
between trees and the roadway of the loop street shall be the same
as in public streets.
26. The developer shall construct a 6-ft masonry wall. along al.l pr��1�erty
lines adjacent to commercially zoned property. The desi.gn af said
wall shall be subject to the approval of the Architectural and Site
Approval Committee.
27. Improvements of the common areas shall be completed by the devel.oper
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 associatian 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.
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RESOLUTION N0. 722 (continued)
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CONDITIONS (continued)
28. The common area shall contain no other buildings or structures
ttian those accessory to recre.ational purposes. Any changes o=-
this status shall be su�ject to the approval of the Planning
Commission and City Counc�l..
29. Maintenance of the common areas shall be the responsibiliLV c�C
the homeowners associatien to which the common areas are deeded.
In the event the private road, driveways, parking areas, walkway5.
landscaping or buildings are not maintained to applicable City
s*_andards, the City may, after notice and public hearing as set
forth in Ordinance 002(a) Sec. 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.
30. To assure that the apen space shall be available for the entire
development, the development rights to the common areas shall
be dedi.cated in advance of the issuanc:� of any building permit�; .
31. Prior to recc.�rdation of the Declaration of Covenants, Conditior.�
and Restrictions by the developer, said declaration shall bE�
reviewed by the City Attorney to determine its compatibilit��
with the intent and conditions as set forth in this Use Pern�it.
Any changes in said declaration shall be subject to the approval.
of the City Council.
32. In the event that the applicant shall desire to make any change.
alteration or amendment in the approved Development P1an, a
written request and a revised Development Plan shall be submitted
to the City Planner.
If the Ci_ty Planner 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 Develup-
ment Area, the City Planner may certify the change on the revised
plan. If such approval is withheld, the applicant may appeal to
the Planning Commission.
If changes are material, the City Planner shall submit the change:;
to the Planning Commission. If the change or changes are denie�':
by the Commission, the applicant may appeal to the City Council,
as provided in Ordinance 002(a) of the City of Cupertino.
33. Additional guest parking shall be provided withi.n the development.
The number of spaces shall be correlated between the normal resi-
dential subdivision and the proposed development in a manner
acceptable to the City Engineer.
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RESOLUTION N0. 722 (continued)
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PASSED AND ADOPTED this 22nd. day of December, 1969, at a regular meeting
of the Planning Commission of the City of Cupertino, State of California,
by the following roll call vote:
AYES: Commissioner Frolich, Puetz, Hirshon
NAYS: Commissioner Irwin
ABSENT: Commissioner Buthenuth
APPROVED:
Jack T. Hirshon, Chairman
Planning Commission
ATTEST:
James H. Sisk
Planning Director ,
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