U-1976-06b 6-U-76
RESOLUTION NO. 1323
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW
CONSTRUCTION OF THIRTY-NINE (39) SINGLE-FAMILY HOMES .
Ilk
APPLICANT: B.A.S. Homes , Inc.
ADDRESS : 10005 Wolfe Road, Cupertino , California 95014
SUBMITTED: March 29, 1976
LOCATION: Easterly and adjacent to No. De Anza Blvd. approximately
625 ft. northerly of the intersection of Stevens Creek
Blvd. and No. De Anza Blvd.
ZONE: P (Planned Development with single-family, residential use intent)
ACREAGE: 8. 6 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 this approval is based on Exhibit A and B except as modified
by special conditions contained herein.
16. That the applicant shall submit a detailed noise study by a recognized
acoustical engineer discussing the particular problems associated with
noise from No . De Anza Blvd. Said noise report shall be reviewed by
the staff at the building permit stage to ensure that the acoustical
properties of the sound wall and building materials conform with the
Dept. of Housing and Urban Development standards.
17. Removal of any specimen trees located within the project shall be
subject to staff approval. To ensure that the trees are not damaged
or destroyed during or after construction, the developer shall submit
a plan detailing the technique to be used to ensure preservation of
the designated specimen trees. At the very least the developers shall
be required to enclose the drip line of the trees with a suitable
barrier to be approved by staff.
18. Roof overhangs shall be no closer than three (3) feet to any property
line.
19. It is recognized that this development does not utilize the full 16
trips per acre allotted by the trip end performance standard and that
the owner shall have the ability to retain, sell, or transfer the 114
additional trips with other property owners within the No. De Anza
Blvd. area on the east or west side north of Stevens Creek Blvd. and
south of Freeway 280. All sales or transfer of trips shall be filed
with the' Planning Director and City Clerk. No sale or transfer shall
be finally consummated until this use permit identified as 6-U-76 has
been formally approved by the City Council of the City of Cupertino ..
110 20. The minimum distance between buildings directly across the street
from one another shall be ninety (90) feet. The minimum setback for
a garage shall be twenty (20) . feet from the property line with a mini-
mum setback of fifteen (15) feet from the property line for other
portions of the building.
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A
CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
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. 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,
111
f. Provides for the orderly development of the City, and
g. Is advantageous to the property and improvements in the zoning
district and neighborhood in which the property is located;
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.
(Continued on Page 2)
S
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6-U-76
Resolution No . 1523 (.continued)
III
PASSED AND ADOPTED this 10th day of May, 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 Cooper, Gatto, Koenitzer, Woodward, Chairman Adams
NAYS : None
ABSTAIN: None
ABSENT: None
APPROVED:
/s/ Victor J. Adams
Victor J. Adams, Chairman
Planning Commission
ATTEST:
•
James H. Sisk
411 Planning Director
•
410
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9-Z-76
10-TM-7 6
6-U-76
RESOLUTION NO. 1324 (Minute Order)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
111 RECOMMENDING THAT AS A PART OF THE B.A.S. HOMES
APPLICATIONS THE COUNCIL SET SPECIFIC POLICY
CONCERNING THE OPEN SPACE MAINTENANCE DISTRICT
ISSUE AS RELATED TO THE 50-FT. LANDSCAPED BUFFER
ALONG NORTH DE ANZA BLVD.
PASSED AND ADOPTED this 10th day of May, 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 Cooper, Gatto, Koenitzer, Woodward, Chairman Adams
NAYS : None
ABSTAIN: None
ABSENT: None
• APPROVED:
•
/s/ Victor J. Adams
Victor J. Adams, Chairman
Planning Commission
ATTEST:
j(AJ
James H. Sisk
Planning Director
41)
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•
9-Z-76
10-TM-7 6
6-U-76
RESOLUTION NO. 1525. (Minute Order)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT CITY COUNCIL EXPEDITE THE
EXTENSION OF LAZANEO DRIVE TO ITS INTERSECTION
WITH NORTH DE ANZA BLVD.
FINDING:
In view of the residential construction presently under way and the pending
residential development adjacent to Lazaneo Drive, it is the Commission's
recommendation that the City Council proceed as rapidly as possible to
extend Lazaneo Drive in a westerly direction to its signalized intersection
with North De Anza 31vd.
PASSED AND ADOPTED this 10th day of May, 1975, at a regular e,,.::'... of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES : Commissioners Cooper, Gatto, Koenitzer, Woodward, Chairman Adams
NAYS : None
ABSTAIN: None
ABSENT: None
APPROVED:
/s/ Victor J. Adams
Victor J. Adams , Chairman
Planning Commission
ATTEST:
ames H. Sisk
Planning Director
•
•
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I Fil_SO? : iIO : No. " 29
A aRESO: '" OI . OF THE SITS• CW.',;CIL Or THE CITY OF CUPERTI::O
Aa ?2OVI":C iii FINAL _ " A:WD I`MR,0VE`�.rti': PL.3`.S OF TRACT NO.
535$ LOCATED AI O. G TtjH EAS' SIDE OF %.MR ? DE &NZA BOULEVARD
AflA3Y. Oi STEVENS CREEK BwiEEA9^, DE4'£LOP£it HAS HOMES OF
CItYFAiI;40, LI`1ITEFD PARTNERSHIP; ACCEPTI: G CERTAIN i ASEMENTS,
AUTHORIZING SIGNING OF F I2C4. ?'.AP A*M VPROVEHE`'T VLASS,
Aifl' MIZM THE M=10N OF AGRE."!ENT _ IN CO.`NECTION
THEi E Tfi1
UVEMAS, there has been presented to the City Council for approval
and foIr authori_attom to record fir -al map of Tract No. 5858 located along
the east side of %orth De Am— Boulevard north of Stevens Creek Boulevard,
s}wving certain avenues, drives, places, and roads by SASS P.saes'of
C,Uertino, Limited Partnership; and
; AS, there has been presented to the City Council a proposed
agzee=ert for the construction of streets, curbs, ;and gutters, and for
other improvements. and good and sufficient bonds, fees, and deposits
as set forth in Exhibit "A" having been presented for the faithful
performance of said w,rk and the carrying out of said agreement; and
said gyp. agreement, and bonds having been approved by the City-Attcr.ey;
HE IT :F.iSOL ED that
a. Said final map and i'-gro" went plans of Tract % 5858be
and the same are hereby approved.
The public service ease. -^tints shova thereon and the offer of
dedicatiou:for public utilities are hereby accepted.
c_ The Citg,Engmee_ and the CitF Clerk are hereby authorized to
Sign said ' final map. ;
glans.
d. .The ,City, E-=gineer is hereby authorized to sign the improvement
e. The Mayor and the City Clerk are hereby authorized to execute the
agreement here,: referred to.
p„SSE ,, AWprEO at a regalar meeting of the City Council of the
City of Cupertino this, 26-th 344 of f7cfnnar 2976, by the
_ollcr= cg vote:
:ore Me--l-ers of the City Cry ncil
AYES: yrr? ich, 3acksan, Nellis, ?dyers
9Oe : Nert.
ABSENT: O'Keefe
A3SZAl:; : N on
APPROVED:
ATTEST-
City; Cleric
"Lid
RESOLUTION tic*. 4243
i
0kDlNX\CE N% 602
AN ORDInANCE U!' THIL C?_` C•'c' CLr. t -;:ii D.aI: C.'.t,:'!!:S
3.2s T:iA C_'Pi s;t::. •• 'ICIP. L CCu., ESP.zbL1,Hl:.
RcGCLaI'IOSS :=Gi un Debi It : U i : *, PA:$tir OF ;SEES,
OR SUM, FOR l:'1RK AND !tKR-t:Ai IONIAL
I.A?II I1 SUBDIVISIONS
THE CITY COUNCIL OF THE CITY OF CL LRT:I::O.DaF.S Li= Iii AS FOLLOWS:,_
There is hereby added to the Cupertino Municipal. Code Chapter 3.28
which. is to read as follows;' e'
Section 3,.28.010 Purpose
This ordinance is enacted;pursusnt to,the Hnthority granted by S4ctiot
11510 and 11546 of the Business and. P-rofes>Ions Code of the State of Ca�ifornia.
The park mad recreational facilities far whim 9c dication of laud andfo.r naym mr
of a fee is required by this ordinance are in accordance with the Gpen Space
and Con:ar1atiott Eleuenr. of the General Plan of the -City of Cupertino, adopted
by the City of Cupertino on September is, 1972. :'
This ordinance may be cited as the "Park Dedication Ordinance of
. the Cit+:of Cupertinoi'
Section 3.28.020, P^gvirewerts
As a condition of approval of a final nubdiviaion .sap; thu taubdivide..r
shall dedicate Iand, pay a fee in lieu thereof, or both, at the opt Ian of Lh
City, .for park or recrei,tional purposes at :tbe ti�:e and accordiu, -to f t, staii-
davds .and formila in'Utis ordinance.
Section 3.28.030. General Ster. daitl
It is iie.reby, found and determined that .the public interes<, cunvenieace,
health, Welfare and saftty require that three (3)`acres of property #ar,ea_i
1,000 persons be devoted far 'ne:,ghberheod,pzrk and recreational purposes and than
two :ind One-half (2- 12) acres of property for each 1,000 persons residing in the
Cut;' be oevateci :cuart co izniip pork and recreational pvrpoa s, with the cuc:;t-
Slotivc standard of 5.5 acres o£ property for c-u._;t 1,C00 para0ns.`
Section 3.2S'.040. S t znd rxls and Forrmiaa or Dodfeatic;t of Land
A*hvrf- a park or rectear Iona i facUi ty ?silts been desivnate d in the Oren
�
Spa e ana Ccnservatlon rle::ent of th,: General 21Z-1 of the Cit} of CLFertin0,
andis t i be I-ocaccd in +hale or ir.;Fort w4thin the propnsed secd__i=ia,a to _ ervo
the i MediZAt. 'at=,3 Flti urc need x;f the residttct , of tnz 50bdi ision, the S,iod4 Vj,u -r
Shall dedicate 1 u, inG:.� F d sy
ti servE-. r 'iA i of, the ut�d vislar:. 7 is 1i�_rth detorrs m-0 that t c ,; 3 1vic•.r
sl.,ill pr.. 1Ce i8.�_k la.ncc, es related tc tlte_far .-1 cr,l,..irl and
! I.- ,. tht tjaL,Fo;.lr: r 4 cc_ctiti-,n of _gark lane far
,s_dex:-vial dot s.ur.�4int 'i,LId,bv- "ba ed :+rcn three•. (;;,1 acres of park :.and per
1,000 pers
:'Me for ,u}a�'i: r Acterinining acre- ge t0 be dedicateshall be,
fellows
look.-
/vcrara, c• i;;rsca.., f; •pit J ,Uf3� �o ixI a Ic.s_ _
•L.. . ..'1. _. _._ -.. ill. )eif r- :C,�i�
City of Cupertino. Said r�onies, as tha: relate to fees paid for any gi°.ea
su.:divisi n, .,.:al u:seJ first for tLe ,.,.trpose of providing p.:r, or rec-
reational facilities reasonably related to serving; said _-ubdfvision tip way
of the purchase ..: necessary land, or, if the City Council deeds that there
is sufficleat land available for that said subdivision, then secondly .said
monies small ba used for improving of such land for park and recreatiohal
purposes.';
Section 3.28.O60. Criteria for Requiring Roth dedication and Fee
In subdivisions of over fifth (50) lots, the subdivider shall
both dedicate land and pay a.fe+ in lieu.thorflof in accordance with the
folloainr iornnla=
(a) then only a portion of the land to bc: subdivide-, is
proposedonthe Open' Space'ard ruse: -:orlon Ele-ent of ti.e Ge:era3 plan
a;: the site for a local park, such portion shall be dedicated for local`
park purposes and a fee computed pursuant to the provisions at Secrio:z
3.28.070 hereof shall be paid for any adsiitioral .land ch<t would 'nave been
required to be dedicated pursuant to 'Section 3.2S.0b0 hereof.
s(b) When a major part of the local. part: or recreational site
has already been acquired by the City and only a small portion of land is
needed from the subJivisicn to cowplete the site, such remaining portion
shall be 4edicated and 'a fee computed pursuant to the provisions of Section
3.28.070 hereof'snall'1,e paid in an .Yount equal to the value of the land which
would otherwise have been required to be dedicated spurs-lamt,to Sect ion ':3.28.0io
hereof, such fees to be used for the improvement of the existing park -and rec-
reation]. facility or for, the improve — nt of other local parrs and recreationa?
faciiitica in the area'servirg the subdivision.
Section 3.28.070. ;Auount of FeeInLieu of fczid Dedication
ir'here a fee is required to be paid in Iieu of land dedication.,
the amount of such fee shall be based upon the fair narknI value.of the
amount of land which would otherwise. be required to be d"icate,d pursuant
to suction 3.28.0-0 hereof_ ho fee shall be p,id pursuaant to the provisions
n aired in Sec scz 3
.-28.110)% )%roof. At the rice of the filing of f7 al
Luivisior map .or approval, the Jirectur of Public t,'c ks shall, ,n ,.home
cases where a 4-de in lieu of dedication is required either in whole or;in 11
part. deternine the fairm-arket value of the innd-`in th, <proposed subd v,sior,
and this deterri_.atioi:'shall be use.-',. in calculating the :ice to be paid.
If a si:bdi:•ider'cbjects to the fair .:.arket vai.ue detsr:-; .natioa, he. may at
L s oc.•i e_pconse, our. an apptalsc!l. of :he property by A qualif*ed real
estate appraiser approved by the City, ihich, appraisal of fair -market value
.,:.,.av be - acccpted''•t the C:ty Co,zacal,` i. found reasonablu. Alternativv,ly,
the City "and the: sizbditiidcr .-.,ay agree .as to the fair, w_ir'a>_t value
section 3.28.660. Sou i icns t t#t:n i� 'a1 i'laa
an upon net -then
but to ba included tsizlxn CE..ural 'xl n, .tlte sub 3ivsder.,silz3t
-3-
Band, pay a fee in l ieu t1wrcof, or both, in accordance with shz adepte i
=� =and recreational principle: and standards of the City C?neral flan and in accord-
ance with the pro•.•isioas of this ordtuance.
Section 3.23.090. Determination of Lz»nd'or Fee
Ii the_relacious.,ip betveen a propo•_ed subdivi.aian containing 0 parcels
cr more and the open Space and Conservation, i:L<_.ient Ls cinc:leer, the_`City Council _shall
nmipe whether it accepts laid dedication or elects to requtre,R.Ayrent of a fed
in lieu theredf by consi:ierA on of the following:
(a) Tsgcgraphy geology, access and location of land in the sub -
di' ision'ayailable for dedication;
(b) Size and -shape of the subdivision and land available for
dedication;
() The faasibility'af dedication;
(d) hkz iIab1-1ity of provicasly acqoired..parlk. property.
The determination of the City Council as to whether land shall be d4edicated,
or ti'hether`a feeshall be charged, or a combination thereof, shall_be final and
ccnclusive.',
Section 3.2$.100. Credit for Private Coen ;a�,ace
3Vnere private open space for park and recreFtional purposes is p.ovIded in
z pronc_cd subdivision and such space is to be. privately o;�...ed and :a;.ntained bv.thu
=:re residents of the subdivision, partialcredit, not to exceed fifty:(50:) per:_ent,
..y::)c giver_ against the '.requirement :.of land dedics._ioa or payment of fees in lieu .
eranf i^ the City Council finds that it is,in the public Interest to do -so .and t<:at
cI'_ e1fc'_lu in/: standards are met:
(a) That yards, -court areas, setbacks, and other open areas
required to be 'saintaincd by the zoning and building
orrinances and regulations shall not be included in
the computation of such private over, space;- and
(b) That the private ownership and naintenaize of the open
sp.-ace is,.adeanntcly provided for by rotor:}•_d written
agree•'ent, ccr.eyance, or restrictions; and
{c) That the use of the'privace open space is restricted for
parr i, r_creati_nal purposas by reco.,.e covenant, which
runs wits the 1aA.4 is fa•:or of the flit re c: ners of; property
and wnic., cannot -be defeated or e17
lmdnat.-J r chant the rnspnt
or: the ti_ty or pits successor; and
Sectiou 3.23,130. Scn-rt.cid i.t.ia� ;uLiivisiuns
T1:a provisions of this ordinance shall not apply to.non-
reidential-subdivisions.
Section 3.23.140. Seve.r� abilityr
if, any provision of'thi5 ordinance or,IIpplicatinn thereof
tu- may Person of circi— tatizeIa 1 is hold invalid, such inval JAa,ty shall
. net affect ratter provisi ns ar appii.catians of this or-2marce thick
can begivenrffect,srit,awut _:^e is valid provision or appl cation, arm+
to, tMs' tint the provis;.o= xa£ thi ordinance are d Tared to be':
Section 3.18.150. Effective Date
This ordinance shall be effect ire and operatitt. thirty (30)
da}s from :x d; after the date flf its adoption.
j P rRoDUCTA at a regular meeting of the City Council of the City
o€ iupertino this tV, day of *r rch _,197G, and EY+.e±CTED at -a
regular meeri^g of the Cit,:. iuunril of the Cie., o£ Cu ertinu this 19rh
day of`. P'a3rcFc ,197; by the fo3oc4ing vote:
Vote m4t6sers of the City Council
.luS: 3azkson, Meyers, ":elks, Spar"
NOES. Uo- =
AESEYT:. Frolich=
-A.3STAIX.
11ayor, City of Cupertino
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