Ordinance 1020ORDINANCE N0. 1020
AN ORDINANCE OF THE CITY OF CUPERTI170 plIE27DIiiC SECTION 1
OF ORDINANCE N0. 2 BY PREZONING ppPROXIIfATELY 1.25 GROSS
ACRES FR0:4 SANTA CLARA COUNTY R3-4 ZONE TO CITY OF CUP-
ERTINO R1-C Zone; LOCATED IN T1iE lIONTA VISTA 17EIGIiBORH00D
OF THE SOUTH SIDE OF OLIVE AVENUE APPROXIMATELY 135 FT.
WESTERLY OF IMPERIAL AVENUE
THE CITY COGNCIL OF TIIE CITY OF CUPERTI170 DOES ORDAI.i AS FOLLOWS:
WHEREAS, on April 4, 1960, an application vas filed by Honta Vista
Development Company (Application 17-2-80) for the prezoning of property
from Santa Clara County R3-4 (low density multiple dwellings, 10 unite per
net acre) zone to City of Cupertino R1-C (Residential, single-family
cluster) and
WHEREAS, upon due notice and after one public hearing the Planning '
Commission recommended to the City Council that the Prezoning Le granted;
and
WHEREAS. the property to be pre zoned is presently in a Santa Clara
County R3-4 (low density multiple dwellings, 10 units per net acre) zone;
and
WHEREAS, a map of the subject property is attached hereto as Exhibit
"B" as a proposed amendment to tine !faster Zoning Map of the City of Cupertino.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the property described in attached Exhibit "A" be and
hereby is prezoned to a City of Cupertino R1-C (Residential, single-family
cluster )subject to the conditions listed in attached Exhibit "C" and that
Exhibit "B" attached hereto is made part of the Master Zoning Map of the
City of Cupertino.
Section 2. This ordinance shall take effect and be in force thirty
(30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of June , 1980 and ENACTED at a regular
meeting of the City Council of the City of Cupertino this 17th day of
June 1960 by the following vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Rogers
NOES: None
ABSENT: Sparks
ABSTAIN: None
ATTES APP OV
i ~ J
City Clerk yor, City of Cuper
• • 1-7352
EXHIBIT "A"
Real property situated in the County of Santa Clara, State of California,
described ae follows:
PARCEL ONE:
BEGINNING at a 3/4 inch iron bar 1n the South line of Olive Avenue, said South
line being the South line of that certaia ZO foot strip of land described in the
deed from David M. Nooaaa and Mabel H. Noonan to the County of Santa Glare, dated
September 18, 1939, recorded 27ovember 3, 1939 in Book 952 Official Records page 471,
Records of Santa Clara County, California; said point of beginning being North 89°
58' West 82.51 feet from the point of intersection said South line of Olive Avenue
with the West lice of that certain 4.945 acre tract of land conveyed by David M. Noonan
and Mabel H. Noonan, to Samuel E. Hanley and Ruby L. Hanley, as dated on June 15,
1943, and recorded on June 18, 1943, in Book 1147 Official Records page 270; and
running
thence from said point of beginning, along the South line of said 'LO foot scrip
of land North 89' S8' West 82.51 feet to a one inch pipe;
thence parallel with the West line of said 4.945 acre tract of land South 311.20
feet co a one inch pipe;
thence parallel with the South line of said 20 foot scrip of land South 89° 58'
East 82.51 feet to a 3/4 inch pipe;
thence parallel with the West line of said 4.945 acre tract of land North 311.20
feet to the place of beginning and being a part of Section 14, Township 7 South,
Range 2 West, Mount Diablo Hase and Meridian.
PARCEL TWO:
3EGI`~T1ING at a one and one eighth inch square ircn bar ac the point of intersection
of the South line of Olive Street, said South line being the South line of that
certain 20 foot strip of land described in the Deed from David *l. Noonan and "label H.
;7oonan, his wife, to County of Santa Clara, dated September 18, 1939, recorded
November 3, 1939 in Book 952 O.R. page 471, Santa Clara County Records, with the
Nest line of chat certain 4.945 acre tract of land described in the Deed from David
:1. Noonan and Mabel H. Nooaan, his wife, to Saauel E. Hawley and Ruby L. Hawley,
his wife, dated 3une 15, 1943, recorded June lE, 19»3 in Book 1147 O.R. page 270,
Santa Clara County Records;
running thence along the South line of said 20 foot strip of land, South 39" 53'
west 82.51 feet to a 3/4 lath iron bar;
thence parallel with the West line of said 4.945 acre tract of land, South 311.20
ieec to a 3/4 inch pipe;
thence parallel with the South line of said 20 foot strip of land, North E9° 58'
East 82.51 feet to a one and one eighth inch square iron bar in the West line of said
4.945 acre tract of land;
thence along said West line, :North 311.20 feet co the place of beginning.
Being apart of Section 14, Township 7 South, Range 2 west, M. D. 8. b M., Santa Clara
County, California. Surveyed September 3, 1944 by Mc"tillan b McMillan, Civil Engineers
and Surveyors, San Jose, California.
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Exhibit "C"
Ord. No. 1020
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conflict with the
spacial conditions enumerated herein. In the event a conflict does
exist, the special conditions enumerated herein shall apply.
15. The approval is based upon Exhibits A. A-1, A-2, B-1 and B-2 of Appli-
cation 17-Z-80 as may be modified by additional conditions contained
herein. The development shall consist of a maximum of 13 dwelling
units.
16. That turf block paving treatment shall be used for the private roadway
system. The street alignment may vary slightly, to adjust the amount
of exterior landscaping on either aide of the private driveway.
Additionally, the building envelopes shall be strictly controlled co
ensure that they do not further diminish the amount of available
private yard space.
17. The applicant shall comply with all of the conditions of approval
enumerated under the R1C Zoning Ordinance, including those relating
to streets sad public improvements.
18. The applicant shall have the ability to slightly enlarge the private
yard areas for the two front units, into the front setback area from
Olive Avenue, subject to the review and approval of the Architectural
and Site Approval Committee.
19. The mini cul-de-sac design shall be adjusted to enlarge the gap between
the two cul-de-sacs and accommodate emergency through-access of fire
vehicles. The adjoining areas on the north and souti: side of the
emergency fire access shall be available to the adjoining property
owners for landscape improvements. The applicant shall include said
area on the southerly side of the emergency through-access as a
component of his landscaping plan, and shall install the back-to-
back cul-de-sacs in conjunction with the other street improvements.
20. The applicant shall further evaluate the privacy relationship of the
southerlymost end units to the adjoining single-family residences
and shall consider the use of additional landscape materials or archi-
tectural projections to provide a privacy screen.
21. Tae applicant shall provide for solar-assisted hot water heating systems
to nerve all of the unite in the subject development. Placement of the
solar collector panels shall be demonstrated to the Architectural and
Site Approval Committee and shall be subject to the review and approval
of the Chief Building Inspector. Buildings which are partially shaded
or not ideallq located with respect to sun angles shall either be
accommodated through the use of panels on adjacent buildings or slightly
modified roof design.
•
Exhibit "C"
Ord. No. 1020
Page 2
CONDITIONS (continued)
22. Tha two existing trees may be removed and moat ba replaced with trees
of a 24-inch box variety subject to the review sad approval of the
Architectural and Site Approval Committee.
23. The applicant shall be required to install automatic roll-up sectional
garage doors for each unlt on the site.
24. Modification of the approved development plan or a building permit:
Ia the event that the applicant or subsequent homeowner shall desire
to make any minor change, alternation or amendment is the approved
development plan or building permit, a written request and revised
development plan or building permit shall be submitted to the Director
of Planning and Development.
If the Director of Planning and Development makes a finding that the
changes are minor and do not affect the general appearance of the area
or the interests of owners or property within or adjoining the develop-
ment area, the Director of Planning and Development may certify the
change on the revised plan. If such approval is withheld, the appli-
cant maq appeal to the Planning Commission.
If the changes are material, the Director of Planning and Development
shall submit the change to the Planning Commission for approval. If
the change is denied by the Commission, the applicant may appeal to
the City Council, as provided in Ordinance 652 of the City of Cupertino.
If the change is approved, an appeal may be made by any interested party.
Further, any member of the City Council may request a hearing before
the Council, such request to be wade within 10 days from date of approval -
when the change has been approved by the Planning Commission.
25. The applicant shall comply with the requirements of the Central Fire
District.
26. The applicant shall participate in the City's Below-Market Rate Housing
Program as adopted by the Planning Commission and City Council. Said
commitment shall require the provision of one (1) below-market rate
housing unit priced as per the requirements of said program.