Ordinance 1031ORDINANCE N0. 1031 ,
AN .ORDINANCE OF THE CITY OF CUPERTINO AMENDING
SECTION 1 OP ORDINANCE N0. 2 BY PREZONING
APPROXIMATELY 1.6 GROSS ACRES FROM SANTA CLARA
COUNTY R1-10 ZONE TO CITY OF CUPERTINO PD ZONE;
LOCATED ON THE EAST SIDE OF SCENIC BOULEVARD
APPROXIMATELY 325 FT. NORTHERLY OF PALM AVENUE
WHEREAS, on April 30, 1980, an application was filed by Gerald V.
and Marion L. Root and Myrtle Ledford (Application 22-Z-80) for the
prezoning of property from Santa Clara County R1-10 (one family
residence, 10,000 aq. ft. minimum lot size) zone to City of Cupertino
PD (Planned Development with residential intent) zone; and
WHEREAS, upon due notice and after one public hearing the Planning
Commission recommended to the City Council that Prezoning be granted;
and
WHEREAS, the property to be prezoned is presently in a Santa Clara
County R1-10 (one family residence, 10,000 aq. ft. minimum lot size) zone; and
WHEREAS, a map of the subject property is attached hereto as
Exhibit "B" as a proposed amendment to the Master Zoning Map of the City
of CuperMno;
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the property described in attached Exhibit "A" be
and hereby is prezoned to a PD (Planned Development with residential intent)
zone; sub,)ect to the conditions listed in attached document entitled
"City of Cupertino Conceptual Zoning Plan - Scenic Boulevard/Riviera
Road Properties" which is 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 ~~_day of __.Ty~v _, 1980, and ENACTED at a regular
meeting of the City Council of the City of Cupertino this 21st day of
.tasty , 1980 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
~:~-us-?
City Cler
Gatto~ Plungy, Sparks, Rogers
None
None
None
APPROVED:
k or, City o Cupertino
SCHEDULE A
Escrow No. 314257
LOT ISOOh GUARANTEE No' 303 001169 ,
l he assuruices referred to on the face page arc
1 hat, according to the ('ompany's property records relative to the read property descrilnd an the separate
Uescriplion Page attached hereto (but without examination of those Company records maintained and
nulcxcd by name)
(A) The last recorded insln:menl purporting In transfer title to said read property is:
Quit Claim Deed dated: December 1, 1958; recorded October 29, 1959
in Book 4590, page 177 Official Records; Instrument No. 1716178;
MYRTLE HEINKEL, as her sole and separate property
([3) Tltrrc arc nu ntorlgagcs or deeds of trust which purport to affect said real property, other Ulan those
shown below under Exceptions.
All that certain real property situate in the County of Santa
Clara, State of California, described as follows:
SECTIONS 25 and 26 as shown upon that certain Map entitled,
'-Etap of Monta Vista Park", which Map was filed for record in the
office of the Recorder of the County of Santa Clara, State of
California, on April 11, 1917 in Book P of Maps, at page 19.
No guarunlce is made regarding (a) matters affecting the beneficial interest of any mortgage or decd of trust
which miry be shown herein as an exception, or (b) other matters which may affect any such mortgage or
deed of trust.
` No guarantee is made reg:uding any liens, claims of lien, defects or encumbrances oq~er than those
specifically provide) Cur ahove, and, if information was requested by reference to a street address, no
guarantee is tnrde that said teat property Is the same as said address.
EX('EPTIONS:
NONE
('LTA Guarantee Form Nu. 13 (Rev.S•3-73)
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ORDINANCE 1031
• • June 9, 1980
CITY OF CUPERTINO
CONCEPTUAL ZONING PLAN
SCENIC BOULEVARDJRIVIERA ROAD PROPERTIES
Pur oae
The purpose of this document is to delineate policies for the future development
of approximately 1.6± acres generally located ocr the east aide of Scenic Boulevard
approximately 325 ft. northerly of Palm Avenue as more apeciflcally located
on the attached exhibits.
Background
The Scenic Boulevard/Riviera Road area is an environmentally sensitive area
due to its very steep slope areas along the easterly side of the properties and
its location adjacent to the present natural Stevens Creek. environment. Develop-
ment of these properties could be potentially damaging to the natural Stevens
Creek environment which is recognized in the City of Cupertino Comprehensive
Plan as a valuable environmental resource to the community. The Planned Develop-
ment zoning approach is deemed appropriate to provide the flexibility necessary to
permit development of the subject properties consistent with the City of Cupertino's
density limitations under the Ceneral Plan while protecting the natural Creek
environment and minimizing building activity along the severe elope embankment
located along the easterly portion of the subject properties.
Development Review Proceae
This Conceptual Plan represents the initial step in the approval process for
subsequent development of the subject property. As stated in Section 5.2 of
the Planned Development Zoning Ordinance, a Conceptual Plan shall contain
sufficient information to define the land use type, intensity, primary street/
access system, and a community designte7.atedobjectives to guide the property
owners in the preparation of either a supplemental Conceptual Zoning Plan or
Use Permit which is the second procedural step in Planned Development approval
process.
Land llse and Site Design Policies/Conditions of. Approval
Tne Conceptual Plan embodies land use on the site and building design policies
which are general in nature and which will be further defined in conjunctiot- with
subsequent use permit applications.
Conditions of Approval
1. The zoning approval is based upon the Conceptual Development Plan, labeled
Exhibit A-1 and the applicant's submitted plan, labeled Exhibit A-2 and the
1-14 City of Cupertino Standard Conditions of approval as may be modified
by the special conditions of approval enumerated below.
2. The approval is to allow residential land uses which shall have the option of
constructing within the existing property line configuration provided that
an appropriate access plan can be worked for each individual property. The
parcel, labeled Lot No. 28 on Exhibit A-1 (Lands of Root), shall have the
ability to obtain access via a private roadway easement from the existing
extension of Riviera Road across Lands of Shaikh (Parcel Yo. 29 on Exhibit A-1).
The building form on Parcel No. 28 shall otherwise meet all of the constraints
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and setbacks established under the City of Cupertino's residential hillside
zoning district (RHS Zone) with the added provision that the structure shall
be planned in a manner which blends with natural Creek environment and
represents the very minimal extent of grading necessary to accommodate the
building form. The access plan for Lot No. 28 shall incorporate and conform
with the requirements of the Santa Clara County Central Fire Protection
District with respect to emergency access and turn-around areas.
3. The property involved in the subject application (includin¢ Parcel No. 28)
shall have the option of re-arranging lot lines along a cluster housing,
format and/or providing the remaining areas of access via private roadway
standards established under the City of Cupertino R1C (Residential, Single-
family Cluster) zoning district.
4. Any and all building activity with the exception of additions to existing
structures, shall require use permit review before the Planning Commission
and City Council.
5. Property owners involved in the subject application shall forfeit all
rights of access to Riviera Road with the exception of Lot No. 28.
6. It is the intent of this Conceptual Zoning Plan that this Planned Development
zoning shall be linked with subsequent applications for zoning and/or annexation
with adjoining properties similarly situated between Riviera Road and Scenic
Boulevard.
7. With the exception of Lot No. 28, the building area shall generally be restricted
to the flatter westerly portions of the subject properties to minimize the
degree of disruption of the natural vegetation along the embankment adjacent
to the Riviera Road "paper street" area.
8. Properties designed as Parcels No. 25 and 26 shall agree to dedicate land for
a public cul-de-sac along the northerly property line or cooperate by agreeing
to enter into reciprocal ingress/egress easements with the adjoining property
to the north should said property desire to prezone and annex.
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