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.
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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.
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