Ordinance 1048
ORDINANCE N0, 1048 ,
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1
OF ORDINANCE N0. 2 BY PREZONING APPROXIMATELY 27 GROSS
ACRES FROM SANTA CLARA COUNTY ML-lac ZONE TO CITY OF
CUPERTINU P ZONE AND T 20NE; LOCATED ON THE SOUTHEAST
CORNER OF HOMESTEAD ROAD AND DE ANZA BOULEVARD
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
WHEREAS, on June 26, 1980, an application was filed by City of Cuper-
tino (!lariani Packing Plant) (Application 37-Z-8D) for the prezoning of property
from Santa Clara County ML-lac (Light Industrial. one acre minimum lot size)
zone Co City of Cupertino P (Planned Development with Residential, 20-35
dwelling units per gross acre intent) zone and T (Transportation) Zone; and
WHEREAS, upon due notice and after one public hearing the Planning
Commission recommended to the City Council that the Prezoning be granted;
and
WHEREAS, the property to be prezoned is presently in a Santa Clara County
ML-lac (Light Industrial, one acre minimum lot size) zone; and
WHEREAS, a map of the subject property is attached hereto as Exhibit
"B" as a proposed amendment Co the Master Zoning Map of the City of Cupertino.
NOW, TIiEREFORE, 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 Residential,
20-35 dwelling unite per gross acre intent) zone and T (Transportation)
Zone; subject to 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 Cuper-
tino this 2nd day of Seo~ember ,1980 and ENACTED at a regular meeting
of the City Council of the City of Cupertino. this 15th day of September ,
1980 by the following vote:
Vote Members of the City Council
AYES: Plungy, Sparks, Rogers
NOES: None
ABSENT: Gatto
ABSTAIN: None
ATTEST: APPROVED:
City Clerk ?t• or, City o Cupe t ~'
• . 8-13-80
37-Z-80
Written Description of Property to be Prezoned:
All that certain real property situate in the County of Santa Clara, State
of California, more particularly described as follows:
Beginning at a point of intersection on the westerly sideline of North De
Anza Boulevard (formerly Saratoga-Sunnyvale Road) with the centerline. of
Homestead Road, said point being at the intersection of the Original Incorporation
to the City of Cupertino and that certain annexation to the City of Cupertino
by Ordinance No. 12 entitled "HOMESTEAD 2C";
Thence easterly along the centerline of Homestead Road, said line along said
annexation "HOMESTEAD ZC" and the City of Sunnyvale City limits by annexation
"SERRA 63", to a point on .that certain annexation to the City of Cupertino
by Ordinance No. 132 entitled "HOMESTEAD 3"~ i
Thence southerly along said annexation "HOMESTEAD 3" to a point on the southerly
sideline of LucilleAvemie. (50 feet wide). said point common to said annexation
"HOMESTEAD 3'.'.~and said Original Incorporation to ahe'City•of'Cupertino;
Thence westerly along the southerly sideline of Lucille Avenue and its
westerly prolongation, said line along said Original In cozporation of the City
of Cupertino, to a point on the westerly sideline of North De Anza Boulevard
(formerly Saratoga-Sunnyvale Road), said point also being on said Original
Incorporation to the City of Cupertino;
Thence northerly along the westerly sideline of North De Anza Boulevard
(formerly Saratoga-Sunnyvale Road), said line along said Original Incorporation
to the City of Cupertino, to the point of beginning.
Containing 29 acres, more or lees.
A. P. N.: 316-1-14, 24
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ORDINANCE N0. 1048
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Exhibit "C"
Ord. No. 1048
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conflict with the
special conditions enumerated herein. In the event a conflict does
exist, the special conditions enumerated herein shall apply.
15. The approval is based upon Exhibit A of Application 37-Z-80 as may
be amended by additional conditions contained herein.
16. IC is recognized that, upon annexation to the City of Cupertino, the
zoning district will render the existing uses on the Mariani site
non-conforming which will effectively prohibit any significant expansion
of the plant or new building construction activity on the site unless
said construction conforms with provisions of this ordinance.
17. The allowable land use shall be residential within the broad high-
denaity range of 20-35 dwelling units per gross acre. The actual
density permitted shall be based upon a number of factors primarily
relating to the external impacts of the proposed project. In particular.
the development intensity shall be closely linked to the capacity of
the sanitary. sewer facilities serving the subject property and capacity
of the surrounding street system to absorb the anticipated traffic
levels.
1S. Future development proposal shall be so designed es to closely conform
with the design standards and design-related objectives as enumerated
in the City of Cupertino General Plan and shall show that the proposal
will not negatively impact the adjoining Northpoint townhouse develop-
ment in terms of traffic, privacy intrusion or .noise.
19. Future residential projects shall accommodate their own on-site..
recreational facilities which shall be designed to meet the need of
its residents.