Ordinance 872 • o
0&DINANCE N0. 872
.
AN ORDINANCE OF THE CZTY OF CUPEATINO e1MENDING SECTION 1
' OF ORDIVANCE N0. 2 BY PREZONING AFPROXIMATELY 11 ACRES
FROM SANTA CLARA COUNTY A AND Al-1 ACRE TO CITY OF
CUPERTINO R1C; LOCATID AT NORTHWEST CORNEA OF CALIFORNIA
OAK 4tAY dtiD STEVENS CREEK BOULEVARD
THE CITY COUNCIL OF THE CZTY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
WHEREAS, on February 10, 1978, an application was filed by Peninsula
Capital Group, Inc. (Application 6-Z-78) for the prezoning of proparty £rom
Santa Clara County A(Excluaive Agricultural) and A1-1 Acre (Agricultural/
Residential, 1 Acre Minim~ Lot Size) to City of Cupertino R1C (Resideneial,
Single-Family, Cluster); and
WHEREAS, upon due notice and after one public hearing the Planaing Com-
mission recommended to [he City Couacil that the Prezoning be granted; and
WHEREAS, the property to be prezoaed is presently in a Santa Clara Couaty
a(Exclusive Agricultural) and an A1-1 Acze (Agricultural/Residential, 1 Acre
Minimum Lot Size) Zone; and
WHEREAS, a map of the subject property is attached hereto as F~chibit
"B" as a proposed emendment to the :laster Zoning Map of the City of Cupertiao.
:TOW, THEREFORE. BE IT ORDAI:IED AS FOLLOIJS:
Section 1. That the propertq described ia attached Exhibit "A" be and
herebq ia prezoned to a City of Cupertino R1C (Residential, Single-Family,
Cluater) Zone, subject to conditions listed in attached Exhibit "C"; aad that
Exhibit "B" attached hereto is mada part of the Master Zoniag Map of the City
of Cupertino.
Section 2. This ordinance shall take effect and be in force thirty (30)
days after its passage.
I:iTRODUCED at a regular meeting of the City Cauacil of the City of Cuper-
tiao this l7th daq of July , 19J8, and ENACTED at a ragular meetiag of
the Citp Council of the City of Cupertino this Bth day of Au¢uat , 1978,
by the followiag vote:
Vote Members of the City Council
AYES: :ieyers, Rogers, Sparks. Jackson
NOES: None
aBSENT: 0'Reefe
ABSTAIN:None
APPROVED:
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Exhibit "a"
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T~at narcel of land in the Count~ oT ~anta Clzra, State of
California
Bc;CI:1:JI;1C at the northeastern corner o° that certain 49.0T acre
tract of land desc^ibed in the Deed to Richard l•loelffels~~y Clara
October a, 19~0, Iiook 1003 Ufficial Recards, pa~e 356,
County P,ecords; thence Fiorth S35 feet, ~ore or less, to the
southerly line of that certain 3~•~ 2cre narcei of land
distributed to ?•tarylyn Jane Burdette by Decree of Y2rtial
Distribution entered on 5eptenber 20, 1939 in "P^oceedinr;s had
±n the Suoerior Court of the State of California, in anci for
the County of Santa Clara, in the natter o* the cstate of FranY.
Anthony, a2so known as Fr2nl: t•!. Anthony, Deceased", Case No. 22164,
a' certified copy of which i~as recorded on Decer~her 5,
1939, 5ook 956 Official Records, pa~;e 4119, thence along said southerly
line li. 89° 40' W. 460 £eet, r.~ore or less, to an iron p'_pe set
in the southeastern line of the 13.13 acre tract described 1n the
Deed to Santa Clara Huldin~; Connany, Ltd., 'recorded February 6,
1933~ goo}; 637 Official Records, pa~;e 393, .thence southwesterlv alonP
said southeastern line alont; a curve to the riitht with a radius of
9a5•37 feet, (the center point of which curve bears N. 34° 41' :J.-
9a5 • 37 feet ) thro~igh an an~le of 12° 0~' for an arc distanc'e of 208.95
feet to an iron pipe; thence radially to said curve S. 22° 32' E. 20
feet to an iron pipe; thence alonF a curve to the right i•rith a
radius of 1005.37 feet (the center point of which curve bears
;d, 22° 32' `.J. 1005.37 feet, and the chord of said curve being
S. 81° 52' 500.05 feet) an arc distance of 505•35 feet to •
an iron pipe; thence IJ. 82° 05' '~J. 92.3~ Yeet to an iron ~ipe;
thence ;7. 81° 02' W. 44.~3 feet to an iron p'_pe in the north-
~restern line of the 77.60 acre tract descr3bed in the `Deed
to Frank M. Anthony recorded April 28, 1890, Hook 126 of Deeds, paPe
27u, thence alonP said north:•iestern line S. u5° ~5' :•1. 62.74 feet to a
stake narked 1J.2~'.4 at a i7ortherly corner of said 49.07 acre
tract so described in the Deed to Richard t~loelffel above
referred to; thence alonF a Plorthorestern line of said 49.07 acre
tract South 45° 45' 41est to the 1lorthern line of that parcel of land
conveyed to Deane & Deane, Inc., a Delaware corporation, in Parcel 2
of Deed recorded January 25, 1972, 3ook 96~8 Official :tecords, pa~e
451; thence along said northern line alon~ a curve to the left with a
radius of 1451 feet, a distance of 406.35 feet and S. 86° 56' 15" E.
a distance of 825.26 feet to the eastern line of said Deane & Deane
parcel; thence S. 3° 3' ~5" 4J. 24 feet to the northern line of
Stevens Creek Boulevard (formerly Pernar~ente Road) as established by
deed to the County of Santa Clara recorded in Hook 1051 Official
Records, pa~e 214; thence easterly along the last mentioned northern line
to a 1Jortheasterly line of said 49.07 acre tract; thence along said line,
SuuLii 39° East to an an~;le point tharein and South' 89° 55' Fast 131.6
feet to the point of be~innin6, and being a portion of the 5an Antonio
Itancho .
ExceptinF; therefrom the interest conveyed to Co:.u~ty o2' Santa Clara by
instrunent recorded July 24, 1941, Book 1051 Official Records, p2ge 214.
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Exhibit "C"
I
Ord. No. 872
i
I CONDITIONS:
1-14. Standard Conditloas to the extent that theq do not conflict vith the
special conditiona enumerated herein. In the event a conflict does
exist, the special conditiona enumerated herein shall apply.
15. The approval is granted based upon Exhibits A, H, C, C-1 thru 6, D
and D-1 thru 3, as may be amended by additional conditioas contained
herein.
16. The Architectural and Site Approval Committee shall review the final
design area location of acoustical barriers on the Stevens Creek Boule-
vard and California Oak atreet Erontage. The Wall height and location
shall comply with the acouatical attenuation reco~endations contained
within the Acoustical Coasultants Incorporated report dated February 23.
1978. The Committee ahall have the authority to make site design changes
relative to sound wall placement vhich may reault in minor (0-5')
shifts in the location of private drives and building codes.
17. The feacing of the aesterly, easterly and northerly property line ahall be reviewe~
and approved by the Architectural and Site Approval Committee. The
fencing design ahall be of an open cype to be compatible vith the open,
natural terraia of the immediate adjoining properties.
18. Driveway aprona shall contain a minimum of 25 lineal feet between building
line and edge of private roadvays and joint driveways. A minimum of
36 guest parking spaces shall be provided in addition to garage and
driveway apron spacea. The Architectural and Site Approval Committee
ahall approve the location of said apacea. The prlva[e roadvay may 6e
widened from 24 ft. to 30 ft. in certain aegments to provide curb parking
to satisfy the guest parking requirement.
19. The California Oak eatraace shall be open to aon-emergency traffic.
The souad wall/perimeter fence near the driveway entrance shall provide
for adequate eite distance.
20. The uae of security gates for the development is optional. If aecurity
gates are to be inatalled, a turn-around space ahall be provided external
to the main gate. Additionally, the activating mechaniam ahall be re-
viewed by the Central Fire District and Sheriff's Department prior to
City approval. The homeowners association shall be respoasible for long
term maintenance and liability in the case the activating device fails
and the gate must be forceably opened.
21. The building aetback betveen Building One (Exhibi[ H of Application
6-Z-78) and the northerly boundary line shall be a minimum of 15 ft.
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Exhibit "C"
Ord. No. 872
, Page 2
22. A registered landscape architect aud tree aurgeoa ehall be retained
to prepare a tree protection plan for exiating trees located on the
I property.
' 23. A covenant ahall be recorded runniag with the land as approved by the
City Attorney vhich informe future lot purchasers of exiating and future
noiae conditiona reaulting fzom external noiae sources including heavy truck
and traia and further referenciag the acoustical consultant's raport
dated February 23, 1978.
24. Noiae attenuation has to be demonstra[ed to staff prior to occupancy
of buildings.
25. Double panea ahall be uaed in uppar a[ory windowa facing Stevens Creek
Boulevard.