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Ordinance 1398 .: ORQ>Z~JCE N0. 1398 AN D1iQII~NCE OF TFD+ CITY OF CUPFIi'FQJO AME{1DI2~G SDCTION 1 OF ORDII~NCE N0. 2 BY REZODtIIaG PROPERTY FR4t A1-43 ZONE 2~0 R1C ZONE; IOCATID ON Tf~ FAST 3ICF OF BIANEY AVFI~UE AFTII~.Y 250 F'P. NORTH OF BEIIQ9~N PLACE WHE~iFAS, an applicatiaar was filed by Dar-En Shu (Application 8-Z-86) for the rezoning Of properky fzrm Al-43 (Agricultural Residential, 43,000 sq. ft. minimu~a lot size) zone to R1C (Res+~*+*iAi, irgle-family cluster intent) zone; and WF~2E'AS, upon due notice and after one public hearing the Planning Commission reocm¢~rded to the City Council that the Rezoning be granted; and 4II~2FAS, the pznperty to be rezoned is przsently in an A1-43 (Agricultural Residential, 43,000 sq. Yt. mirsia~mi lot size) zone; and Wf0~2E31S, a map of the subject property is attached hereto as E~ibit rrgrr ~ a proposed amerxIIoent to the Master Zoning Map of the City of Ctirpertino. NOW, ', BE TT ORL1AIZlED AS F~DLLOWS: Section 1. Zhat the pxvperty described in attached Esdiibit "A" be and hereby is rezoned to an R1C (Residential, Single-family cluster intent) zone, subject to ooeditiacLS listed in attached E~ibit "C"; and that E~dribit "8" attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ozdir-arx;e shall take effect aryl be in force thirty (30) days after its passage. ORDIHI~NCE N0. 1398 INIR~DIJCID at a regular meeting of the City Ootmcil of tha City of Q~pertino this 16th aayr of March ,1987 and II~ at a meeting of the City Council of the City of Cupertino this 30hday of Mnrrh ,1987 by the following vote: Vow ~nbers of the City Council Ate: Gatto, Plungy, Rogers, Sparks ~~ ~ None ~~': Johnson ~'~: None APPimVID: Mayer, o Cupertino ATPF5T2 E7QiL9I'P "("' ORDINANCE NO. 1398 OONDP!'IONS AQ4II~I5rII'tID BY ZI3E PlAtddII~IG DEPAR'II~TP 1. 'Itrat the r~eoommerdation of appswal is based on bdiibits A, A-1 and B of Applicatio~rr 8-Z-86 e~aoept as may be amended by additiorrai ocnditions enumerated herein. }]diibits A-1 aryl H s1~a11 constitute the "Devela~oent Plan" required urxler Section 14 of Orslir><11noe No. 664. 2. LISPS PEId+II'!'PED Ztre subject zoning approval authorizes construction and occupancy of a maximum of three (3) o~dominium dwellings and related site imprnvemerrts to be oca~strtrcted in a single phase. Said canst~ructia¢~ shall proceed in aocardance with the terms of this Resolution, and in aooordanoe with the provisions of the approved Development Plan. 3. M3DIFI(71TIOAI OF APPROVED DEUEIAP2~2JP PLAN In the event that the developer shall desire to make any amendment oP the approved Development Plan subsequent to granting of the rezone to R1-C, the procedures specified in Section 16 of OLdinance 664 shall be followed. 4. Prior to issuance of building permits, the developer shall submit definitive 1arrLscapirg, building elevation and site development plans to the Architectural. and Site Approval Committee (ASAC) for fanoal review as required order Sectiarr 17 of Orditrarrce 664. Rhe developer shall aocampany said submittal with a definitive Dolor and materials palette. 'II~e ASAC shall have authority to amend Exhibits A-1 aril B of this rezone action to r+equira enharxt of architectural intexBSt and to establish a greater degree of v ,ri oca~sistency between the project's exteriar materials and ~ developnerrt. o • ~Yre developer shall also sutxnit an offsite privacy iapaot study far the easterly elevation of the protect, including a cross aat~t d~pictir~g views into the adjoining private patios of the partment oo~lex. said study shall include appropriate mitigatirq solutions which shall be incorporated into the ASAC~s reoowaerrdaticn of approval. 5. p Off street parking shall ba provided at a ratio of four spaces Pte' dwelling unit, at least t~ao of which shall ba within an errolosed garage for eadi ciwellinq unit. Rise °guest" space in fmnt of Unit 1 shall ba eliminated, and a hammerhead turnarourxt shall be provided opposite the driveway for Unit 2. 'Ihe final configuratlar- of the hammertread ~ area shall be subject to staff approval. 6. ]~LZBE$~ In aooordanoe with section 13.4 (a) Of Ordinance 664, the developer shall provide a wirx~wali within the front yard oP Unit 1 to screen the principal entry, to Unit 2. 7. PAD ELES7ATTrva Pad elevations shall not e~aoeed 18~~ above the top of curb elevation at the southwest corner of the site. 8. ~$B ~e appliaarrt shall install plumbing chases to facilitate future installatiarr of roof mauited solar water heating devices. Installation oP said devices is optional. 9. Zhe Fianeowners Association doc~nnerrts, enabl3rzY declaration and arilarxl Development and by the Ci~A ~ ~ ~ of Planni,~ ty ttorney prior to reoordatian. Lam! t~~cr ~ ~Tio~l ~ ©!oriCo I~ • ~'\I~~`( Ate. GIJ~E-"'"T'I-.~O ORDER N0. 198786 The land referred to in this Report is situated in the State oP California, County of Santa Clara, City of Cupertino (and is described as Polloxa:) BEOINNINO at a 1/2 inch pipe in the center line oP Blaney Avenue, 50 Peet ride, at the Southxeaterly corner of that certain 15.132 acre tract of land conveyed by Carl P. Becker and Emma Hecker to Oeorge Becker by Deed dated April 1T, 1940, recorded April 20, 1440 in Book 976 of OPPiaial Records, page 589, Santa Clara County Records; thenae Prom said point oP beginning running along the center line oP Blaney Avenue and the Westerly line of said 15.132 acre tract oP land North 0° 21' 57" Weat 85.00 feet; thence leaving Blaney Avenue and running parallel with the Southerly line of said 15.132 acre tract of land North 89° 21' 38" East 175.00 feet; thence South 0° 21' 57" East and parallel with the said center line of Blaney Avenue 85.00 feet to a point on the Southerly line of said 15.132 sore tract oP land; thenae South 89° 21' 38" West and along said Southerly line 175.00 Peet to the Point oP Beginning. 7-29-86-sJV3-25B 316-43-2 13-003 JB/RW/ltc A 316-3-25 2-23-50 "IXNiBITA" ZON ~ -~1C~ ~L.~~T N~ ~ o~s~ N. ~,~J~`( Avg. cu~~2Tihto fZ$zON~ . 0.283 ~ / / To h.1 G 5C,~1.~= ~ i~ Q ~ooi f -'. ~~~ ~~ ~~~~ ~ .,- ~, ,. i'% "/~ . ~~; , ~, ; ~ ...-L...~..1 _~ _ :.J ~~.-~~ ` r;~i:~P•5:9:+ :zv i i t~~~~ LL"',.., ~:. ~;~o~yd~~d ~9~