Ordinance 948 ~ ~
ORDIVANCE N0. 948
• AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1
OP ORDINANCE N0. 2 BY AEZONING APPRORIMATELY 1.3 GROSS
ACRES FROM ML TO R1C; LOCATED ON THE SOUTHEAST CO&~1ER OF
HOMESTEAD ROAD AND LQCRY OAK COURT ADJACENT TO AtiD WEST-
' ERLY OF T6E STEVENS CREEK WATERCOURSE
~ THE CITY COU,ICII. OF THE CITY OF CUPERTI:IO DOES ORDAI:i AS FOLLOWS:
WHERFAS, on 'riay 4, 1979, aa application vas filed by 1. Cuy Farthing
(Application 9-Z-74} for the rezoniag of properry from ,`II. (Lighc Iaduatrial)
co R1C (Residential, single-family cluacer) zone; and
WHFRFAS, upon due notice aad after one public hearing the Plazming Com-
; mission recommended to the City Couacil that the Rezoning be granted; aad
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' WHERE.IS, the propertq to be rezoned is presently in an :II. (Lighc Ia-
dustrial) zone; and
WHERE.LS, a map of the subject property is a[tached hereto as Exhibit
"B" ae a proposed amendment to the Mascer 2oning Map of the City of Cupertino.
:+OW, THEREFORE, BE IT ORDAI.7ED AS FOLLOWS:
Section l. That che property deacribed in atcached E~?ibit "A" be
and hereby is zezoned to R1C (Resideatial, single-family cluater), subject
to conditions listed ia attached Fxhibit "A"; and that Exhibit "B"
attached hereto is made pazt of the Master Zoaing Map of the Citq of Cupertiao.
Sectioa 2. Thia ordinance shall take effect and be in force thirty
(30) days after its passage.
I:iTRODUCED ac a regular meetiag of the City Council of the City of
Cupertino this 6th day of Au~ist , 1979, and ENACTED at a ragular
meeting of the Ciry Council of the Ciry of Cupertiao thie 21st day of
~lugust , 1979, by the folloving voce:
Vote :fembers of the City Council
aYES: Jackson, Rogers, Sparks, Meyers
`iOES: None
aBS~1T: 0'Keefe
.18STaZN : None
aTTEST: APPROVED:
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City Cler ` :Sayor, City of CupertS~
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LECAL DESCRIPTION:
That real property aituate in the city of Cupertino. County of Santa
Clara, State of California~ described ae follovA:
PARCEL ONE:
BEGINNINC at che point of inters~ction of the center line of the Stevens
Creek vith the 1/4 aection line running East and Neat through the center
. of Section 10. T. 7 S. R. 2 W.. M.D.H., and running thence along the
center line of said creek, S. 21' S' W., 108.24 feet to an angle point
' therein, and being the true polnt of Beginning of this deacription;
thence from said crue point of beginning. continuing along the said
center line of Stevens Creek, tlie following courses and distancea; S.
43° E. 307.56 feet to an iron pipe; S. 16' 45' W., 87.]8 feet to an iron
pipe; S. 71' 15' W., 99.66 feet to an iron pipe and ;I. 76' 25' 4I.,
132.31 feet to a point 1n said center 11ne oE Stevens Creek; thence
leaving'eaid center line and runniog N. 0° 38' W., 267.62 feet to a 3/4
inch iron pipe; thence N. 44' 25' E.. 59.28 feet to the said True Point
of Beginning and being a part of Section 10, T. 7 S. R. 2 W., M.D.H.,
also being that certain parcel of land shovn upon the Map of Record of
Survey filed for record in the office of the recorder of the county of
Santa Clara, State of California o~ May 11, 1950 in book 21 of maps.
page 14.
PARCEL Z1d0:
A Non-ezcluaive right of vay for ingress and egreas and for the inetallation
and maintenance of public utilities over a atrip of land 20 feet in
wldth, the Easterly linp of vhich is described as follows:
Beginning at the poin[ of intersection of the center line of the Stevens
Creek with the 1/4 aection line running Eaet and liest through ehe eenter
of Section 10. T. 7 S. R. 2 W.. M.D.H., sald aection line also 6eing the
center liae of Homeatead Road, as the same exiated 40 feec vida; thence
along said section line and said center line of the Homestead Road N.
89' S0' A.. 82.01 feet to the True Point of Beginning of aaid Easterly
line of ~aid 20 foot right of way; thenee leaving said section line and
said line of Homestead Road and running S. 0' 38' E., 311.21 feet to the
soucherly terminue of said easterly line.
EXCEPTING T'tiEREFROH all that portian of said strip of land included
vithin the bounds of Homeatead Road as videned.
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Ordinance No. 948
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tONING PLAT MA P ttezone: ~.2~ Ac
Prom: ML
To: R1C '
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APPR. OAT[ O[Sd1IPTiON
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' Exhibit "C"
Ozd. No. 948
CONDITIONS:
• 1-14. Standard~Conditions to the extent they do not conflict vith the
special conditions enumerated hereia. Ia the event a conflict does
exiat. the special conditions as enumerated herein ahall apply.
15. The approval is based upon Exhibits A, A-1, 8 and D of Applieation 9-Z-19
as may be ameaded by addi[ional conditions contained herein.
16. A miaimum of three parking spaces shall be provided for each dvelliag unit.
Twro parking spaces shall be within a closed garage. To maintain the natural
eavironmeat of the S[evens Creek azea, the Architectural and Site Approval
Co~it[ee shall have the ability [o rearzaage open park3ag spaces on the
site.
17. The applicant shall dedicate aa access easement to the Santa Clara Vailey
Hater District eacompassing the 100-year flood plain area and the 15 ft.
setback area ad,jacent to the flood plaia. Special foundations shall be
designed for the residential structures in accordance ~,rith the requirements
of the Citq's geologist.
18. Prior to commencemeat of constructioa including excavation oa the site, the
applicaat shall re[ain at his ow expense,~a registered tree surgeon, land-
scape architect or other similar qualified persoa to prepare a zeport
stipulating measures necessary to protect the trees vhich are to remain on
the site. Said report shall address tree preservation during coastruccion
and measures necessary to assure maintenance on a long term basis.
19. The landscape plan required bq the archi[ectural and site approval process
shall stress the use of indigenous plants which reflect the natural
environment of the Stevens Creek Flood Plain.
20. All applicable subsections of Sections 13.5 and 13.6 of the R1C Ordinance
(Ordinance 664) regarding street improvemeat requirements and covenants
shall be applied to the development.
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Exhibit "C"
Ord. No. 948
, CONDITZONS:
~ 1-14. Staadard Conditiona to the nztent that theq do not conflict wlth the
~ apecial conditions en~erated herein. Ia the eveat a conflict doas
exiat, the apecial conditions as en~erated.hereia ahall apply.
~i 15. The approval is based upon Ezhibits A, A-1, B aad D of Applicatioa 9-Z-79
as may be ameaded by additional conditiona contained heraia.
16. A miaimum of three parking spacea shall be provided for each dwelling unit.
Two pazking apaces shall be withia a cloaed garage. To maiatain the natural
eavironment of the Stevens Creek area, the Architectural and Sice Approval
Committee ahall have the ability to rearrange open parkiag apaces on the
eite.
17. The applicaat ahall dedicate an access easement to the Santa Clara Valley
Siater Diatrict encompassing the 100-qear flood plain area and tha 15 ft.
eatback area adjacent to the flood plaia. Special foundatioas ahall be
designed for the residential structures ia accordanca w+ith the requirements
of the City's geologist.
18. Prior to commeacemeat of coastruction including excavation on the site, the
applicaat shall retain at his ovn expenee,~a regiatered tree surgeon, land-
acape architect or other similar qualified person to prepare a report
stipulating measures necessary to protect the trees which are to remain on
the site. Said report shall address tree preservation during construction
and meaaures necessary to asaura maintenance on a long term basis.
19. The landscape plaa required by the archi[ectural and site approval ptocess
shall atresa the uae of iadlgeaous plaata which reflect the natural
environment of the Stevens Czeek Flood Plain.
20. All applicable aubaections of Sections 13.5 aad 13.6 of the R1C Ordinance
(Ordinance 664) regarding street improvemeat requiremaats and covenanta
shall ba applied to the developmeat.
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