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Ordinance 1038 ORDINANCE N0. 1038 AN ORDINANGE OF THE CITY OF CUPERTINO AMENDING SECTION 1 OF ORDINANCE NO. 2 BY REZONING APPROXIMATELY 1.4 ACRES FROM R3 TO P; LOCATED AT THE NORTHWESTERLY TERMINUS OF SCENIC BOULEVARD JUST SOUTH OF STEVENS CREEK BOULEVARD THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: WHEREAS, on May 4, 1979, an application was filed by May Investment, Inc. (Application 10-Z-79) for the rezoning of property from R3 (Multiple family residential) to P (Planned Development with residential intent); and WHEREAS, upon due notice and after one public hearing the Planning Com- mission recommended to the City Council [hat the Rezoning be granted; and WHEREAS, the property to be rezoned ie presently in an R3 (Multiple family residential} 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 Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit "A" be and hereby is rezoned to a P (Planned Development with residential intent) zone, subject to conditions listed in attached Exhibit "C"; and that Exhibit "B" attached hereto is made part of the Master Zoning Nap of the City of Cupertino. Ser_tian 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 Cuper- tino this 18th day of Austust 1980 and ENACTED 'at a regular meeting of the City Council of the City of Cupertino this 2nd day of September ,' 1980 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk Mayor, City of Cup r • i That certain real property situate in the County of Santa Clara, State of California, described as follows: PARCEL pNE: ALL of Parcel 1, as shown on that certain Record of Survey filed in Book 190 of Maps, at page 7, Santa Clara County Records, and which said Parcel 1 is more particularly described as follows: LEGINNING at a 3/4" iron pipe marking the Southwest corner of Section (or lot) 87 of "Inspiration Point, Monta Vista", a Map of said subdivision being on file in Book "P" of Maps, at page 18, Santa Clara County Records; thence from said point of beginning along the Southerly line of said Section (or lot) 87, South 89°51'06" East 100.12 feet to the Westerly line of Section (or lot} 97 of said subdivision, thence along the t•7esterly line of said Section (or lot} 97, North 4°08'54" East 25.00 feet to the Southwest corner of Section (or lot) 91 of said subdivision; thence along the Southerly line of Section (or lot) 91, South 89°51'06" East 100.12 feet to a 3/4" pipe marking the Northwest corner of Section (or lot} 96 of said subdivision; thence along the tdest line of said Section (or lot) 96 South 0°08'54" West 100.12 feet to the Southwest corner of said Section (or lot) 96, thence along the Southerly line of said Section (or fat) 96 and the projection of said Southerly line South 89°51'06" East 209.78 feet to a point on the westerly line of Scenic Boulevard, a 40 foot street; thence along the said testerly line of Scenic Boulevard, on a curve to t}te right from a tangent which bears North 11°02'04" East with a radius of 530 feet through a central angle of 23°37'40" an arc distance of 21$.56 feet; thence continuing along said Yesterly line 34°39'54° East 75.53 feet; thence on a curve to the left with a radius of 15.00 feet through a central angle of 71°25'04" an arc distance of 18.70 feet to a point on t}ie Southerly line of. Stevens Creek Eoulevard, said 15.00 foot radius curve being not tangent to the southerly line of Stevens Creek Boulevard, thence along the Southerly-line of Stevens Creek Boulevard, South 72°42'31" i•:est 162.77 feet; thence South 68°01'01" tdest 330.49 feet; thence South 73°38'31" best 58.10 feet to a point on the testerly line of said Section (or lot) 87; .thence along the 6esterly line of said Section (or lot} 87, South 0°08'54" Pest 9.03-feet to the point of beginning. EXCEPTING T}IEREFROM all that portion thereof described as follows: 1~EGItyNING at a 3/4" iron pipe marking the Southwest Corner of Section (ar lot) 87 of "inspiration Foint Monta Vista", a Map of said subdivision being on file in Book "P" of Naps, page 18, Santa Clara County Records; thence from said point of beginning along the Southerly line of-said Section (ar lot) 87 South 89°51'06" East 100.12 feet to a point on the t•:esterly line of Section (or lot) 97 of said subdivision; thence along the Westerly line of said Section (or lot) 97 tlozth 0°08'59" East 25.00 feet; thence South 89°51'06"East 25.00 feet; thence piorth 0°08'54" East 28.76 feet to -the Southerly line of Stevens Creek Road; thence along said Southerly line South f8°01'01" FTest 74.94 feet and South 73°38'31" rest 58.10 feet; thence South 0°08'54" t-iest 9.03 feet to the point of beginning and being a portion of Sections for lots) 87 and 91, Inspiration Point, Dtonta Vista. PARCEL TWO: BEGINNING at a 3/4" iron pipe marking the Southwest corner of Section (or lot) 87 of "Inspiration Point Monta Vista", a Map of said subdivision being on file in Dook "P" of-Maps, page 18, Santa Clara County Records; thence from said point of beginning along the Southerly line of said Section (or lot) 87 South 89°51'06" East 100.12 feet to a point: on the Festerly line ~ of Section (or lot) 97 of said subdivision; thence along the Westerly line of said Section for lot) 97, North 0°08'54" East 25.00 feet; thence South 89°51'06" East 25.00 feet; thence ?forth 0°08'54" East 28.76 feet to the Southerly line of the Stevens CreeY. Road; thence along said Southerly line South 68°01.01" West 74.94 feet-and South 73°38'31" West 58.10 feet; tY:ence South 0°08'54" West 9.03 feet to the point of beginning and being a portion of Sections (or lots) 87 and 41. inspiration Point, Monta Vista. , r .e6 -'1 ~. as-ahT ~ (I'rrr r~'x ,-r+.~.' ~ .fix y~7.-. _..;;. ,`btttl~;!'c ~ ,~.: ,r. i ELI"t ,' '~i ~•.o.~..M~-,~~~~ !~-i~. ~ • ~,.~ X03 ~ +~'F ITJL` Ll"T'1.'.L. .. ~ :, ;; . ~. i L ti r, . N ~ ~ ... K' k. .~ ~ r zQ~1~ I\1G ~. I. j N ..~ .. , t ,:: '(=~'OM :' ;123 '::;, ' , ; - .. ~' ~ _ .1~ glUEl.~ IAIr , 100.121 - ~ i ~ItJtJE~iaV uJc. PLAiti' •,~ O';,r '~ ,~o -~ ,' ~' ~ , FJO, `7~'^',~f0. a O.P?i1C/sip"1 i•!0.~.,~ '~.O ~ ~',_~ I ..' i . I ~ PJC R-=;;'.UtlO~l t.0. ~ 9 ~ .. L ~w, % ~ e 1 . ~ N ..1.x}17 AGiee3 ... ~ ..' ~ ~ ~" ~ ~ ~ F. 4 I ~r ~ I p. t . t~~ ~ .. ' ;, ~ ,~~ t ~~ - t . ~; ,. ' ,~ ? , ~ .. ~ y .. ' 9/I 18.700 ~~ Exhibit "C" Ord. No. 1038 The zoning plat map, labeled Exhibit A of Application 10-Z-79, is the"conceptual zoning plan for the Planned Development zone. A subsequent use permit develop- ment plan and tentative subdivision map shall be guided by the following pol- icies (Conditions of Approval): 1. The dwelling unit density shall be within the 1-5 dwelling unit range authorized by the General Plan. The dwellings shall be detached and the site planning concept shall minimize grading by placement of buildings on the less steep areas of the site and/or limiting development intensity to the lower end of the density range. 2. In order to maintain the rural character of the flood plain slope, solid beard fencing shall be limited to private courts and service areas for each home. A landscaping plan shall be developed to soften grading im- pacts and to establish an informal landscape barrier between dwelling units and the existing and future right-of-way for Stevens Creek Boulevard. 3. The site plan shall delineate the cut and fill slopes for the approved right-of-way and project street section for Stevens Creek Boulevard. The site plan and architectural plans shall be designed to attenuate. noise impacts associated with the planned street section. 4. A subsequent use permit application development plan shall provide adequate access to each dwelling to meet the emergency service needs of the Central Fire District. id ',: :. ~ ~ ff