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2-U-75
RESOLUTION NO. 1393
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
SIXTY: ONE (61) SINGLE FAMILY CONDOMINIUM DWELLING UNITS
WITHIN. A P (PLANNED DEVELOPMENT- WITH SINGLE-FAMILY
RESIDENTIAL CLUSTER INTENT) ZONE.
APPLICANT* William- J. Herman (Kester Property)
ADDRESS* 220 State Street, Los Altos, California 94022
SUBMITTED* January 23, 1975
LOCATION* Adjacent to and easterly of Stevens Canyon Road approximately
200 feet southerly of Riverside Dr.
ZONE* P (Planned Development with single-family residential cluster intent)
ACREAGE* 17.9 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. That the approval is based upon Exhibit A and B of 2-U-75, as may be
modified by additional conditions contained herein.
16. That prior to consideration of a tentative map for the subject develop-
ment, the applicant shall submit additonal_ geol.ogic work relative to
the confirmation or denial of 'the presence of an active or-potentially
active fault traversing the property. Particular emphasis should be
placed on that portion of the :site described in the Burkland 'and
Associates_ letter of.February 6, 1975 as having seismic anomalies.
Additionally, the applicant shall complete a geologic and soil
investigation of a westerly segment of the site suspected of having
a.,springe
17 That the grading and site plan for the Stevens Canyon Road/private
drive entrance area be modified as follows:
a) The vertical alignment of the private drive s`ha11 be modified .-to
provide a relatively flat stacking space for four (4)- cars.
b) The unit opposite Lot 77 of Tract 3571 shall be shifted five (5)
feet in a southerly direction ,and shall have a maximum finish
floor elevation of four hundred forty-two (442) .
c) That the modified grading plan shall not require the construction
of a retaining wall over four (4) feet in height.
18. That the first unit located southerly of the Stevens Canyon Roadway
entrance (unit with finished floor elevation 417) be shifted approxi-
mately five (5) additional feet from the property line.
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G
2-U-75
Resolution. Noe 1393 (continued)
19. When deemed desirable by the City Council, provisions shall be made
for dedication of public trail easement through the common area for
use of the public in connection with a lineal trail system described
in Stevens Creek Flood Plain General Plan Amendment adopted January 6,
1975.
20. A registered landscape architect shall submit plans to the Architectural
and Site Approval Committee regarding the protection of existing on-site
and off-site trees in terms of construction/grading activities and future
water irrigation plans.
21. 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, except
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 and location
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
Department after consultations with the Postmaster, the `Central
Fire District -arfd 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
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 .b.e--installed by the applicant.
g). The owner of the development will be required to participate in the
initiation of 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.
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2-U-75
Resolution No. 1393 (continued)
h) The roadways of the.private street plus a 5-foot wide strip
on either side shall constitute a public service easements
other public service or utilities easements may be, incorporated
in the plan.
i) Adequate turn-around space shall be provided at the termini of
the private streets subject to the approval of the Central
Fire District.
j) That the Drea Road/Private Drive access be designed in a -
manner to preclude normal automotive traffic but allow
emergency vehicles, pedestrian, and bicyclists.
The Drea Road/Private Drive access design shall be evaluated
by the Architectural and Site Approval Committee.
22. 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 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 aside, development rights shall in this case be dedicated
to the City.
b) 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 there-
fore to be a lien 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 recorda-
tion of a final subdivision map.
d) 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.
e) 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.
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2-U-75
Resolution No. 1393 (continued)
PASSED AND ADOPTED this loth day of February, 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 Adams, Cooper, O`Keefe, Woodward, Chairman Gatto
NAYS: None
ABSTAIN: None
ABSENT: None
APPROVED:
John atto, Chairman
Plan n.g Commission
ATTEST:
ames Ho Sisk
Planning Director
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2-U-75
RESOLUTION NO. 1600
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
(1111, RECOMMENDING THE APPROVAL OF A MODIFICATION OF CONDITION
22(a) OF USE PERMIT APPLICATION RESOLUTION 1393.
APPLICANT: William J. Herman
ADDRESS: 220 State Street, Los Altos, California 94002
SUBMITTED: September 21, 1976
LOCATION: Adjacent to and easterly of Stevens Canyon Road approximately
200 ft. southerly of Riverside Drive
The reworded condition is, as follows:
Condition 22 - Improvements and Convenants for Common Area
"(a) Improvements to the on-site and off-site streets and utility installa-
tions shall be completed by the developer and shall be subject to bond-
ing and other procedures in the same manner as required for street
improvements in the subdivision ordinance. The common arer shall be •
deeded to an association of homeowners for whose benefit the common
area is set aside. Development rights to the common area shall be
dedicated to the City. Additionally, the developer shall be required
to submit common area improvement, landscaping and recreational facility
bonds to assure completion of, these improvements. .Joint escrow instruc
tions shall be signed by the City Manager instructing Golden State Title
Company to disregard the earlier instructions and instead provide that no
escrows on the subject tract shall be closed until such time as the City
has received the above mentioned bonds."
PASSED AND ADOPTED this 25th day of October, 1976, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: Commissioners Blaine, Gatto, Koenitzer, Chairman Adams
NAYS: None
ABSTAIN: None
• ABSENT: Commissioner Woodward
ATTEST: APPROVED:
.,,%10•Z
/s/ Victor J. Adams
ames H. Sisk Victor J. Adams, Chairman
Planning Director Planning Commission
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