Loading...
U-1978-01b 1-U-78 RESOLUTION NO. 1833 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 410 21 SINGLE FAMILY'.'TOWNHOUSES. APPLICANT: Domus Development Corporation ADDRESS: Suite 333, 181 Second Avenue, San Mateo, California . 94401 SUBMITTED: January 20,' 1978 LOCATION: Adjacent to- and-northerly of Stevens :Creek Blvd. approximately 100 ft. east of Randy Ln. 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 8, 1978. 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. That the approval is based upon Exhibit A, B 1st Revision, B-1, B-4, B-6 1st Revision, B-8, and C-2 of Applications 3-Z-78 and 1=U-78 as may be modified by the conditions contained herein. • 16. That the applicant shall install landscape screening along the northern property line to mitigate the reciprocal problem of visual 110 intrusion from the second-story windows into the adjoining rear yards subject to review arid approval of the Architectural and Site Approval Committee. 17. The applicant shall- maintain a minimum of 30 ft. building setback from the northerly property line. Additionally, the building accommodating units 8, 9, and 10 shall be separated by a minimum of 12 ft. from • units,l ; 12, .and:;;13. - No second' story'balconies facing in la northerly direction shall be permitted on units 8 through 13. 18. That the site plan be modified to provide at least twenty (20) ft. between the garage door opening and the 24 ft. private travelway for all buildings. Roll-up garage doors shall be required for all units. 19. The circular turnaround area at the northerly terminus of the private street shall be increased to a minimum radius of 32 ft. 20. The rear yard fences shall extend from the building to the perimeter property line to enclose the patio and planting area for all units. 21. That the guest parking stall size shall be equal to the City of Cupertino's standard for residential areas of 9 ft. x 18 ft. The three guest stalls nearest Stevens Creek Blvd. shall be shifted to the north to increase the available landscape screening area between ® said stalls and the public view of the project from Stevens Creek Blvd. -2- CITY OF CUPERTINO City Hall, 10300 Torre Avenue • Cupertino, California 95014 410 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. That the use or uses are in conformance with the general plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b. That the property involved is adequate in size and shape to accommodate the proposed use. c. That the proposed use will not generate a level of traffic • over and beyond that of the capacity of the existing street system. d. That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed use nor injurious to property and improvements in the neighbor- hood. 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. -1- (continued on Page 2) 1-U-78 I Planning Commission Resolution No. 1833 (continued) 22. The building plans shall incorporate all of the acoustical miti� gation measures recounaended in the acoustical report labeled Exhibit C-2 of Application 1-U-78, dated April 28, 1978. Said measures shall include items 1 through 4 and 6 through 7 on pages 7 through 11; and the optional measure listed as item B on page 11. Additionally, all windows on units 1 through 7 and 14 through 21 shall have a minimum outdoor to indoor noise reduction STC rating of 25 dBA. 23. 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, ex- cept 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 of location 410 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 Depart- ment after consultations with the Postmaster, the Central Fire District and 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 pro- hibited 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 be installed by the applicant. (g) The owner of the development will be required to participate in initiation of City ordinance to make the private streets 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. (h) The roadways of the private street plus a 5-foot wide strip on • either side shall constitute a public service easement; other public service or utilities easements may be incorporated in the plan. (i) Adequate turn-around space shall be provided at the termini of -3- 1-U-78 Planning Commission Resolution No. 1833 (continued) 411 private streets subject to the approval of the Central Fire District. 24. 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 pro- cedures 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 com- mon area is set aside; development rights shall in this case be dedicated to the City. fib) 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 therefore to be alien 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 recordation of a final subdivision map. (d) Prior to recordation of the Declaration of Covenants, Conditions and Restrictions by the developer, said declaration shall be re- viewed 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 sub- ject to the approval of the City Attorney. PASSED AND ADOPTED this 8th day of May, 1978, 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, Claudy, Koenitzer, Chairperson Blaine NOES: Commissioner Gatto ABSTAIN: None ABSENT: None ATTEST: APPROVED: 110 /s/ Sharon Blaine Robert Cowan Sharon Blaine, Chairperson Assistant Planning Director Planning Commission -4- 3-Z-78 1-U-78 Domus Development Corporation RESOLUTION NO. 1834 (Minute Order) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO 410 REQUESTING THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE PAY PARTICULAR ATTENTION TO MITIGATION OF PRIVACY INTRUSION INTO THE REAR YARDS OF THE ADJOINING SINGLE FAMILY HOMES AND PRESERVATION OF THE EXISTING SPECIMEN TREES LOCATED ALONG THE NORTHERLY PROPERTY LINE. • ® PASSED. AND ADOPTED this 8th day of May 1978, 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, Koenitzer, Markkula, Chairperson Blaine NOES: None ABSTAIN: None ABSENT: None APPROVED: /s/ Sharon Blaine Sharon Blaine, Chairperson Planning Commission ATTEST: a:(7-(1--- Robert Cowan Assistant Planning Director