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Ordinance 1043ORDINANCE N0. 1043. AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1 OF ORDINANCE N0. 2 BY PREZONING APPROXIMATELY 1.4 CROSS ACRES FROM SANTA CLARA COUNTY R1-10 ZONE TO CITY OF CUPS ERTINO P ZONE AND APPROXIMATELY 2.6 ACRES FROM SANTA CLARA COUNTY R1-10 ZONE TO CITY OF CUPERTINO R1-10 ZONE; LOCATED ON THE NORTHEAST CORNER OF SCENIC BOULEVARD AND PALM AVENUE AND EASTERLY OF SCENIC BOULEVARD APPROXI- MATELY 500 FT. NORTHERLY OF PALM AVENUE THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: WHEREAS, on July 3, 1980, an application was filed by City of Cupertino (Scenic Boulevard/Riviera Road) (Application 32-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 P (Planned Development with Residential 1-5 dwelling units per gross acre intent) and from Santa Clara County R1-10 (One family residence, 10,000 sq. ft. minimum lat size) zone [o City of Cupertino R1-10 (Residential, Single-family, 10,000 sq. ft. minimum lot size) zone; and W1iEREAS, upon due notice and after one public hearing the Planning Com- miasian recommended to the City Council that the 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 Cupertino. NOW, T1iEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit "A" be and hereby is prezoned to City of Cupertino P (Planned Development with Resi- dential 1-5 dwelling units per gross acre intent) and City of Cupertino R1-10 (Residential, Single-family, 10,000 sq. ft. minimum lot size), subject to the document entitled "City of Cupertino Conceptual Zoning Plan - Scenic Boulevard/Riviera Road Properties" (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 Seatember 1980 and ENACTED at a regular meeting of the City Council of the City of Cupertino this 15th day ofSeptember, 1980 by the following vote: Page 2 ..Ord. No. 1047- ' Vote Members of the City Council ' AYES: Plungy, Sparks, Rogers. NOES: None ABSENT: Catto ABSTAIN: None APPROVED:. Q' Mayor, City of Cupert ATTEST: ,- .---- City Clerk -2- 8-13-80 32-Z-80 Written Description of Property to be Prezoned: The subject propertp is. comprised of all of Santa Qlara County Assessor's Parcel tlumbera listed below: 357-8- 2 357-8- 3 357-8- 4. 357x8- 5 (~ ,~ 357-8- 8 357-8- 9 357-8-10 357-8-20 f6rapnnj;^~r 9~ r }' I~Y~~ YY~O~ oxvztanNCe No. iu~s Lk AGR.~s__ • Fenm'~ ctAt2f+ ccUn1TY EI-ro 7~tvINC~ PEAT MAC ?D~ p~i ~ cuPF~.TiNO p (PtANNED DEVELOPMENT wRN p~ppL. 32-zz'80 ~.SID~-Yi~IAL I-5 aU?EU.iN6 utvrTS pgkL G~oSS ~,c¢E. uvTENT 367-08- ~_. iiiii~r 357-08-11 w l~ err $ rim ~tMrra ng co. 1 1 to ,~ <~ ' ~ ~ w ~# V ~ ~ . ~ kb Iao 6`,~~ /I/I /I I iiiiiiii~~~~yiiiiii~yi ~~i 'Tg ~ouKrv Q-~-lo ~ N t~oFaea ~ ~ ~°= oot ~ , w TD : CITY oPC,UPEP..i1N F i ~ Z~.. r~. -~. ~ / ~~ R,1-10 rj ~ -tbD g 35~-08-0~ ~ ~ ; ~ ~\ .. b ,PmT N s f~ ZOO. ~.~ 't_.'-:~di:s:~'' Ct~;Y'ii~:ISSICiV ; v v ~ ~.C R~~GLIiTI rJ NO. 1~, ~ (n , ~~~~ ~ w 1N ; s`~~c ~~~ ~ 1 ~ ~ ~~ ~ 9 ~ ~ ~ ~~ ~ 3 PALM AVE _ ( ~ ~~ 7 ~s~~n~~~ Exhibit C r • ~ Ord. 10.1; July 28, 1980 CITY OF CUPERTINO CONCEPTUAL ZONING PLAN SCENIC BOULEVARD/RIVIERA ROAD PROPERTIES Purpose The purpose of this document is to delineate policies for the future development of approximately 1.4± acres generally located on the east side of Scenic Boulevard approximately 500 ft. northerly of Palm Avenue. as more specifically located on the attached Exhibit A-1, and labeled as Assessor Parcel Number 357-08-8. 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. Development 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 Development zoning approach is deemed appropriate to provide the flexibility necessary to permit de- velopment of the subject properties consistent with the City of Cupertino's density limitations under [he General Plan while protecting the natural Creek environment and minimizing building activity along the severe slope embankment located along the easterly portion of the subject properties. Development Review Process This Conceptual Plan represents the initial step in the approval process for subse- quent 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 design-related objectives to guide the property owners in the preparation of either a supplemental Conceptual Zoning Plan or Use Permit which is [he second procedural step in Planned Development approval process. Land Use and Site Design Policies/Conditions of Approval Tha Conceptual Plan embodies land use on the site and building design policies which are general in nature and which will be further defined in conjunction with subsequent use permit applications. Conditions of Approval 1. The zoning approval is based upon the Conceptual Development Plan, labeled Exhibit A and the. applicant's submitted plan, labeled Exhibit A-1 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 plan 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. -i- ii~"~~h~~D~~ C4) ~1 • 3. Ttie property involved in the subject application 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 undec 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 S. Property owners of the parcels involved in [he subject application shall forfeit all rights of access to Riviera Road. 6, The building area shall SenerallX be restricted to the flatter weatei-ly portions of .the subject properties to-minimize the degree -of disruption of the natural vegetation along the embankment adjacent .to the Riviera Road "paper atteet".area. 8. The parcels fronting Scenic boulevard shall agree to dedicate land for a public cul-de-sac along the southerly access drive or cooperate by agreeing to enter into reciprocal ingress/egress easements with the adjoining property to the south.