Reso 1111 . 18-Z-72
-RESOLUTION N0. 1111
' OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDiNG TiiE APPROVAL OF a request to prezone
.. approximately 8.3 acres, as follows: 5.4 acres from
Santa Clara County A1 (Residential and Agricultural)
to City df Cupertino R1C-7.5 (Residential, single-family
cluster, 7,500 sq. ft. per dw�lling unit), 1.0 acres
from Santa Clara County Al (Residential and Agricultural)
to City of Cupertino R1-7.5 (Residential, single-family,
7,500 sq. ft. per dwelling unit), 1.9 acres from Santa
C1ara County A1 (Residential and Agricultural) to City of
Cupertino A1-43 (Agricultural--Residential, single-family,
1-acre lots).
APPLICANT: Mackay Homes, Division of Kaiser-Aetna
ADDRESS: 1030 Curtis Street, Menlo Park, California 94025
SUBMITTED: September 22, 1972
LOCATION: Adjacent to and westerly of McClellan Road approximately
250 feet westerly of the intersection of Byrne Avenue
ZONE: County A1
ACREAGE: 8.3 acres
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CONDITIONS AND FURTHER FINDINGS:
1-14. Standard Conditions to the extent that they do not conflict with the
special canditions enumerated herein. In the event a conflict does
exist, the special conditons as enumerated herein shall apply.
15. The total area of individual lots plus common area usable for recreational
purpcses, but excluding common area for parking and traff ic, in square feet,
shall be at least 7,500 times the number of dwelling units. The number of
dwelling units shall not exceed twenty-eight (28).
16. Al1 buildings, streets and other roadways, parking areas and other
facilities or features shal? be located substantial.ly as shown on the
development plan labelled Exhibit A, lst Revision 18-Z-72. Building
architecture, fencing.and landscaping shall be reviewed by t�e Architectural
and Site Approval Co�ittee.
17. The pavement, curb�, gstters 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 perm�it modif ications
recommended by a licensed engineer and subje�t to City inspection.
18. The private street and the major walkways si�a7.l be lighted to an intensity
according to good engineerin� practicc�:<�!,d stand�res for the purposes
intended; the type and location of e1ec��::�Iiers su��ject to approval by
the Architectural and Site Approval Comn.i.ttee. -
.
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Resol.ution No. 1111 18-Z-72
19. There shall be a systc:m £cr the naming of t�e private street and for
address numbers, subject to a�prova"i by the Building Department after
consulta.tions w�_th the 1'ostm.3ster, the CentraZ Fire District and the
County Communications Ol:f;.�e.
20. City Ordinance :�o. 276 r�;;ulating parking of trailers, repairing vehicles,
etc. shall apply to the private street �nd to all parking along said
street. The g�rkin�;c,f reerealional vehiclzs such as boats, trail�rs,
etc. shall b�� prolli_bited throu�l:out the ent:ire deveiopment unless said
parking is within an ei:c]_osed area. Vehicular curb parking along tY:e
private street shall be rrohibi_ted except in d�siQnated areas. Appropriate
"No Pa rking" signs shall be installed by the applicant.
21. Removal of any trees on the site sha�l be subject to the approval of
the Architectural and Site Approval Committee.
22. 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 Subdi.vision Or.dir_ance. The
common areas shall b� deeded to an assoria�ion of the homeowners for
whose benafit the common area is set aside; development rights, as defined
in Section 16.13 of Ordinance No. 22U(e), shall in this case be dedicated
to the City. .
23. Maintenance of tne common areas shall be the responsib�lity of the home-
� owners association to which the common areas are deeded. In the event
the private road, driveways, parking areas, walkways, landscaping or
build�ngs 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 maintenance, with the cost therefor to be a
lien on the property in the sa�ne �anner as set forth in the Weed Abatement
Ordinance of the City of Cupertino.
24. The owne� af the development will be rgquired to participate in the
initiation of a City erdinance to make the private street subject to
the VehiclP Code, under the provisions of Secti�n 21107.7 of said Code;
provisions of said ordinance subject to the approval of the enforcing
agency.
25. To assure that the open space shall be available for the entire development,
th� development rights to the common areas shall be dedicated to the City
of Cupertino in advance of the issuance of �ny building permits.
26. Prior to recordation of the Declaration of Covenants, Canditions and
Restrictions by the developer, said declaration shall be reviewed by
the City Attarney to determine its comp3tibiZity with the intent and
condition� as set forth hPrein. Any ch4nges in said declaration shall
be subJect to the appruval oF the City Council.
27. The articles of incorporation of the Homeowners As�ociation and any other
instrument related to said association shall be subject to the approval
of the City Attorney. .
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City af Cupertino
Cali�orni.a .
RESOLUTIUN bI T�iE ?'1_!1�NIivG C0.`i.'iISSI.QN OF THI: C.ITY OI CUPERTINO REGO'"II�IEND-
ING THL GP.�'�'�TI��G OI� A'l.i):vL' C(iF�:�i;}; �
WIIEP.I?AS t.he atC.:�c;:� d appl ic,;t.ion has been submitted to the City of
Cupertino requestin�; a cnanbc= oi zor�e in the zoning regulations of the
City, as stated on P���;e 2; �:�nd
WHEREAS the Piannan� t;ommission has he]_d at least one public hearing
ii1 reg�.r�1 t,; t�:_ �;;.� '. ,.._: ,: �...�: d._ltE_� as noted on said applicatioii;
and
WH�?REAS the Planning Commission has duly considered and heard all
evidence submitted in regard to said application; and
•WHEP,EAS the necessary public notices have been given as required by
the Zoning Ordinance of the City of Cupertino;
NOtd, THEREFORE, BE IT RESOLVED:
That the Flanning Cemmission finds that the proposed zone change:
a) Encourages the most appropriate uGe 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 for the orderly development of the City,
g) Is advantageous to th� 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 iii the matter of granting said i.one change.
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