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Ordinance 1174ORDINANCE N0. 1174 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1 OF ORDINANCE N0. 2 BY PREZONING APPROXIMATELY 148 ACRES FROM. SANTA CLARA COUNTY EXCLUSIVE AGRICULTURAL ZONING DISTRICT TO CITY-0F CUPERTINO P ZONE; THE PROPOSED ZON- ING WOULD PERMIT APPROXIMATELY 419 DWELLING UNITS CON- SISTING OF A MIX OF DETACHED AND ATTACHED SINGLE-FAMILY DWELLINGS; THE PROPERTY IS GENERALLY BOUNDED BY RAINBOW DRIVE TO THE NORTH, STEELING ROAD TO THE EAST, PROSPECT ROAD TO THE SOUTH, AND BY THE FREMONT OLDER OPEN SPACE PRESERVE AND UPLAND WAY TO THE WEST 'fHE CITY COUNCIL OF THE CITY OF GUPERTINO DOES ORDAIN AS FOLLOWS: WHEREAS, on May 13, 1980, an application was filed by Interland Development Company (Seven Springs Ranch) (Application 25-Z-80) for the prezoning of property from Santa Clara County Exclusive Agricultural ("A") zoning district to City of Cupertino P (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 [he Prezoning be granted; and WHEREAS, the property to be pre zoned is presently in a Santa Clara County Exclusive Agricultural ("A") zoning district; and WHEREAS, maps of the subject property are attached hereto as Exhibits "B", "B-1", "B-2" and "B-3" 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" he and hereby is prezoned to a P (Planned Development with residential intent) zone, subject to conditions listed in attached Exhibit "C"; and that Exhibits "B", "B-1", "B-2", and "B-3" attached hereto are 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 16th day of August 1982 and ENACTED at a regular meeting of the City Council of the City of Cupertino this 7th day of S~eutember~ 1982 by the following vote: Ord. No. 1174 Vote Members of the City Council AYES: Johnson, Rogers, Sparks, Plungy NOES: None ASSENT: Gatto , ABSTAIN: None APPROVED: or, y of Cuper o Tam e ATTEST: b 6 tity Clerk Deputy • RUTH AN_D _ 111G, 1111C ARCHI7 ECTUR NGINEERING PLANNING_ ~r.wa.~ 919 luE AUMCDA P O DOx 26U0 SAN JOSE, CA160~NIA 95159 pOE) 291•E2r~ lea W Rum Jr . C E IJ E E Jxca aon Drn~p. Jr. C F W~m,m 11 DoM<r. 5 E Ilerry N lxipr. C r DonalA C 1,n,fberp. C E A1Wn W. Olbll. A 1 A November 12, 1979 16,008-026 DESCRIPf IONS OF TOTAL LYDDON PROPERTY INCLUDING RIGHTS-OF-WAY DESCRIBED IN (251 DEEDS 16) PARCEL A All of that certain real property situate in the County of Santo Clara, State of California, described as follows: A portion of the N.E, 1/4 and o portion of the S.E. 1/4 of Section 26, Township 7 South, Range 2 West M.D.B. 8 M, and also a portion of the N.W. 1/4 of Section 25, Township 7 South, Range 2 West M.D,B, 8M, and being more particularly described as Follows: BEGINNING at a brass disc monument at the intersection of the centerline of Rainbow Drive with the Easterly line of Upland Woy at a Northwesterly corner of that certain 411.315 acre tract of land shown upon that certain Record of Survey Filed June 28, 1974, in Book 342 of Maps, of pages 34 through 37 inclusive, Santa Clara County Records; said monument being in a 1/4 section line running North and South through said Section 26; thence from said point of beginning along said centerline of Rainbow Drive North 89° 27' 42" East 2002,66 Feat to 0 one inch iron pipe at the Northeasterly corner of sold 411.315 acre tract in the Southwesterly line of Lands of Southern Pacific Transportation Company, shown as Peninsular Railway on said Record of Survey; thence along the Northeasterly line of said 411,315 acre tract and along the Northeasterly line of that certain 2,736 acre tract of land shown on said Record of Survey, being the Southwesterly lines of said Lands of Southern Pacific Transportation Company, the two following courses and distances: South 19° 25' 47" East 2209.72 feet to 0 one inch iron pipe and South 19° 50' 21" East 151,57 feet to a one inch iron pipe; thence continuing along the Northeasterly line of said 2,73b acre tract and along said South- westerly line Southeasterly along an arc of a curve to the left from n tangent which bears South 20° 33' 17" East with a radius of 3859,83 feet through a central angle of OS° 41' O1", an arc distance of 382,89 feet to the Northeasterly corner of that certain 0,021 acre parcel of land designated as Parcel C upon that certain Record of Survey, tiled November 19, 1974, in Book 348 of Maps at page 52, Santo Clara County Records; thence Southwesterly along the Northwesterly line of said Parcel C along an arc of o curve to the right, from o tangent which bears South 71° 20' 48" West with a radius of 280.00 feet through o central angle of 22° 36' 39", an arc distance of 110.50 ~Xti,'h~ f -1 , s~ Page 2 -November 12, 1979 ' Total Lyddon Property M16,008-028 feet fo the most Westerly corner of said Parcel C at o point of tangency in the original Northerly line of Prospect Road (40 feet wide); thence along said original Northerly line South 86° 02' 33" East 120,27 feet to the Southeasterly corner of said Parcel C in a Northeasterly line of said 2,736 acre tract in said Southwesterly line of said Lands of Southern Pacific Transportation Company; thence along said last named North- easterly line, Southeasterly along an arc of a curve to the left, from o tangent which bears South 26° 36' 31" East with said radius of 3859,83 feet, through a central angle of 00° 13' 43", an arc distance of 15,40 feet to the most Northerly corner of that certain 0.001 acre parcel of land designated as Parcel G on said last named Record of Survey; thence along the Northwesterly line of said Parcel G, Southwesterly along on arc of a curve to the right, from o tangent which bears South 70° 21' 21" West, with a radius of 320,00 feet, through a central angle of 03° 00' 30", an arc distance of 16,80 feet to the most Westerly corner of said Parcel G in the Southerly lino of said 2,736 acre tract in the 1/4 section line running East and West through said Section 25; thence along said Southerly line and along sold last named 1/4 section line South 89° 25' 48" West 296,84 feet to a granite monument in the line dividing said Section 25 and Section 26; thence along said dividing line as shown on said first named Record of Survey Narth 00° 21' 18" West 20,00 feet to 0 one inch iron pipe at the Southeasterly corner of sold 411.315 acre tract, also being the Northeasterly corner of that certain strip of land, (20 feet wide), conveyed by John P. Bubb to Willian PFeffer by deed recorded April 14, 1887, in Book 90 of Deeds, page 381, Santa Clara County Records; thence along the Northerly line of said strip of lord, being a Southerly line of sold 411,315 acre tract South 89° 27' 15" West 792,57 feet to a one inch iron pipe at the Northwesterly corner of said strip of land; thence along the Westerly (ineof said strip of land as shown on first named Record of Survey South 00° 32' 45" East 20,00 feet to a one inch iron pipe of the Southwesterly corner of said strip of land in the 1/4 section line running Eost and West through said Section 26; thence along said last Warned 1/4 section line being a Southerly line of said 411.315 acre tract South 89° 27' 15" West 978.5) feet to a 3/4 inch iron pipe; thence leaving said last Waned 1/4 section line, along the general Southerly lines of said 411.315 acre tract the two following courses and distances: South 14° 27' 26" East 108,90 feet to a one inch iron pipe and South 74° 43' 40" West 660,00 feet to a one inch iron pipe found at an angle in said last Homed line of a Southeasterly corner of that certain tract of land described as Parcel No, 16 in the deed to Midpeninsulo Regional Park District recorded September 24, 1975, in Book 8627 of Official Records, page 730, Santo Clara County Records; thence along the most Easterly line of said Parcel No. 16 North 08° 52' 38" West 1620,62 feet to a Northeasterly corner of said Parcel No. 16 in said 1/4 section line • running North and South through the center of said Section 26 in the Southerly terminus Li ~,~ / p L ~~ I • , Page 3 -November 12, 1979 Total Lyddon Property N16,008-028 of a Westerly line of said 411,315 acre tract; thence along said last named 1/4 section line os shown on said first Homed Record of Survey North 00° 41' 45" West 1248,23 feet to the brass disc monument at the point of beginning of this description, containing 147.456 acres of land, more or less, and also being a portion of said 411,315 acre tract and a portion of said 2, 736 acre tract, PARCEL B All of that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: A portion of the N,E, 1/4 of Section 26, Township 7 South, Range 2 West, M,D,B, 6 M„ and being more particularly described as Follows: DEGINNING at o brass disc monument in the 1/4 section line running North and South through sold Section 26, said monument being at the intersection of the centerline of Rainbow Drive with the Easterly line of Upland Way as said Drive and Way are shown upon that certain Record of Survey filed June 28, 1974, in Book 342 of Mops, of pages 34 through 37 inclusive, Santo Clara County Records, said monument being a North- westerly corner of that certain 411.315 acre tract of land shown on said Record of Survey, and from said point of beginning along said 1/4 section line North 00° 41'.45" West 20,00 feet to the Northwest corner of the Northeast 1/4 of said Section 26; thence along the Northerly line of said Section 26 North 89° 27' 42" East 1056,66 feet to the Northeast corner of that certain parcel of land conveyed by D. McDermott to Dorothy Anne Lyddon by decd recorded December b, 1960, in Book 5003 of Official Records, page 125, Sonfo Clara County Records; thence along the Southeasterly line of said parcel South 14° OB' 08" West 20.67 feet to the intersection thereof with said centerline of Rainbow Drive; thence along said centerline South 89° 27' 42" West 1051.37 feet to the brass disc monument at the point of beginning of this description, containing 0,484 acre of land, more or less, ~/ ~ ~ ~~ /~ ;PORT L, SHAPER Licensed Land Surveyor No, 3142 kb ~• ~r r~ x~~d~, f ~ r- i ,- ioa - s~- . .4.. c," TY _... pytEw7lATt 2 1b 1MK a[h.w.4r F•LILF ~r,/"'rt ~cr ez ' rP7tRt11 E L•llihrt D -~- _ ._-. ... - -__-_- ____ -. i.. -- _ - - _ b - - ~eoeb~o° z r ~ ~ L _I _IOBec ~ ~ \ I e k tr e° i .O ~~ w-~ co°~~eee ! rz - _ ~+~~_ b ° c cr 4t_ °°8Q 1 ~ C ~e+f e ~ B` €~oe Ce~Fe ~~", a, °-Fct~ ~~ ~~maaanonm m~nuur StiTflM11![V9CN! . I. ce .t: {~ terra S,IIN-/t ' Hc. v ~~° C f ~~ ,~, R+TrtNc!-tXMdi A. D t y ~ .~rn...:iFr~ t / 'I•r °ee rc<f. nefc~~c a. . is o~ tfD ' ec ::: ,a,.... r. d c r ~r c. L ...~ q~ nn e' C t~ K, n A 51R/VCI!-2 tiHIMr ~ ~[') fre c.F y - °f'c. ~^° -.•.. tf I :::: 11 IIILR1UfL 3 ~:a'. ° o ^~ f. © ~,, ~MCe+ a . h ~ . ~-~.- -- ~ !~~ ' , _~ 4TtitJN a 11~Y~ 4M}RY.Tjba ~\na ~ ;.`~~r>'~^_£~~ • p ~~[ `~ nK?"2t~~ ~~<t~.' ~ ~~I~, t. :.~ ~i~rtan+cfrnxdrn ~{{! t[r. •~~" do ° .;c ~ y . ~ ~!1`k~ ,n, 8 ~., 1 ~~~ I 1 lLl°.=. f FF$r I. cc ^~`"sue ~ \I ~~ ~~~ ~ ^ rev ; ~~ ~~ . ~~ ` ~ `/^'j'~J T ' ~~ - tom. ~ ~ YHG9 :, F i \ . ~,, ~.~ ~e~ t '.f ~ r ~t qi~ •.tf / t kJ ~ 4~'0 ~ /. i _[~F`c~F?'~~, :.i~ Ec ~T O ...'n'~~ tt1-,:. ~n`~ t! -s'_~~~y"~ ~ ._ _ _ \v~\V[` KEY .PLAN: REVISION Aj.TERNATE° .. ~ X i v I. • • !~ ~i. '~ _~;~~ --I;~ { o. --1 Z ~i'~s ~3 o~ y d~~yyee ,~~~~~ aO'~Q' ~.` . ~~ ..~ i ~. ~ ,~ ~-~-~`- na~nErw ~~ ~~ ~.~ . ~ iu~u~c v~re,orNwr . EXHIBIT A 1st REVISION. _ ) ~~ ,~ ~/ ~rw.s: ... __._--._.__ ---- ._.. ..~_..._......r. _ _ _. _ . 7 ~~~, _ ___.__ ._. __ . _ '_. ~~ .~- W~~ AM ~' ALTERNATE 2 • ,~ I N r] L strf. ~- HIpeNATe a ~aea a+m+sr ~ ~^^ana+ce-ercrwi- _ `~`~«..Y ~ ~ aelno caao+etr- ..~..v~.~.-- - .._.j ~ ~~ ~ ~ -~--- - -~ "'\ ~' o' . ~w+~..o~ .__ Jr~ar_. i.: ~ ~~~ ALTERNATE 3 ~ ~~ ' , , ~X//~/~~ f /// 3r s • . Exhibit "C" Ord. No. 117G CONDITIONS: 1-14. Standard Conditions to the extent that they do not conflict wiCh 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 Exhibits A, A 1st Revision and Alternates 1-3 as may be modified by additional conditions contained herein. 16. The approval permits construction of a maximum of 419 dwellings consisting of six (6) to nine (9) (including existing dwelling} dwellings located on the 40*_ acre site designated "retained property" and 413-410 dwellings located on the balance of the property. The final dwelling unit yield and mix of dwelling unit types shall be determined by the City in conjunction with a subsequent use permit review. The determination will be based upon a finding that the Cotal all-day traffic generated by the development will not. exceed 3,860 all-day trips. The following trip generation factors for each dwelling unit type shall be used in the compu- tation to attain Che maximum 3,860 ADT figure. Dwelling Unit Type ADT Factor Detached 12.0 .Semi-detached (zero lot line} 9.S Attached townhouses (family} 7.2 17. The applicant/property owner agrees to participate in h1a pro- portionate share of major off-site street improvements of a local or communitywide natuce. Said agreement shall include, but not be limited to, agreement to participate in a local improvement district, or directly contribute to street improvement.. If an assesssment district. is formed, the applicant/property owner's share would be determined. by a cost benefit ratio as established by assessment district law. Boundaries for any district would be determined at a later date per assessment district law. The agree- ments to install the above improvements shall be submitted and recorded prior to or in conjunction with the issuance of building permits. At the use permit stage, building permits shall be phased. in conjunction with mitigation of traffic consistent with an adopted General Plan. The use permit may not be approved until the General Plan presently under consideration in August, 1982 is adopted or a period of six months has elapsed, whichever is soonest. 18. .The on-site circulation plan shall contain the following elements: (a) The driveway serving hillside homes and the collector road serving the main project area from Upland Way shall be con- solidated. 18. (b) The applicant shall construct a direct vehicular access to Stelling Road as described on Exhibit A let Revision, Alternative 3. Unless the roadway requirement is waived at the use permit stage of development review, the construction of said roadway may require condemnation of a separate parcel. The City and developer shall cooperate in acquiring approval of a railroad grade .crossing from the State Public Utilities Commission. (c) The use permit plan shall incorporate a detailed traffic control plan for the reach of Rainbow Drive between the intersection of Bubb Road to the. Southern Pacific railroad crossing. The traffic control plan shall include an element to .reduce vehicular speeds and volumes of traffic and dis- courage penetration into adjacent neighborhoods. The traffic control plan may eliminate left turn movements from the Seven Springs Ranch project site onto Rainbow Drive. The homes adjacent to Upland Way and Rainbow Drive shall be oriented to those streets. (d) The use permit site plan shall describe a circulation plan to eliminate or reduce the potential for vehicles traversing the site from Prospect Road to [he Stelling Road or Upland Way project entrances. The plan shall orient traffic to Stelling Road and Prospect Road access points to the greatest extent possible. 19. The number of hillside dwellings located west of 200 ft. wide. riparian easement shall be determined by application of the "Foot- hill Modified, Ralf-Acre" elope density formula. The general and specific development standards contained in the Residential Hill- side Development Ordinance shall be used as a general guide to review a subsequently submitted use permit site plan for the subject area of the project site. A riparian zone delineated on Exhibits A and A 1st Revision shall be 100 ft. from either side of the creek as measured from the center line of said creek. Grading for develop- ment in the riparian zone is prohibited except for narrow paths for passive recreational activities such as walking and jogging. 20. The development shall incorporate passive and active water and space heating design principles and equipment to provide approxi- mately 75z of the heating requirements. A precise energy plan shall be submitted and approved by the City in conjunction with the use permit plan. 21. The applicant shall provide an irrevocable offer of dedicatiion, dedicate, or otherwise acquire a fire station site for the City in one of three alternative locations listed below: 1st Priority - A site located adjacent to the required access road and Stelling Road referenced in Condition 18(b). 2nd Priority - A site located in the northwest quadrant of the intersection of Prospect Road and Stelling Road. - 2 - 3rd Priority - A site located on the south side of Rainhow Drive Lmmediately west of the Southern Pacific Railroad ' right of way. _ The City will select the site and means of acquisition on con- junction with the use permit and tentative subdivision phase of the Planned Development application process. If such station is deemed necessary by the City~of Cupertino, the applicant shall participate in the funding for the construction of the fire station building based upon a subsequently developed and approved financing mechanism. The fire station building may be owned by the City of Cupertino. 22. The public park depicted on the site plan exhibit is not accepted as a public park. The developer shall pay in lieu fees. as required by City ordinance. The three acre apace may be infilled by dwelling units shifted from other areas in the site plan. The final design will be approved in conjunction with a subsequently filed use permit application. 23. The development rights to the common area shall be dedicated to the City of Cupertino in advance of the recordation of a final sub- division map to assure that the open space shall be available for the entire development. -3-