Ordinance No. 12-2090 A1-43 (Agricultural Residential) and R1-10 (Single Family Residential) to R1-20 (Single Family Residential) ORDINANCE NO. 12-2090
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL REZONING A PORTION
OF ONE LOT AND ITS FRONTING HALF-STREET OF 0.456 ACRE FROM A1-43
(AGRICULTURAL RESIDENTIAL) TO R1-20 (SINGLE FAMILY RESIDENTIAL)
AND THE REMAINING PORTION OF THE LOT AND ITS FRONTING HALF-
STREET OF 0.319 ACRE FROM RI-10 (SINGLE FAMILY RESIDENTIAL) TO R1-20
(SINGLE FAMILY RESIDENTIAL) LOCATED AT 11215 MOUNT CREST PLACE,
APN 356-26-026
WHEREAS, an application was received by the City (Application no. Z-2011-04) for the
rezoning of a property from A1-43 (Agricultural Residential) and R1-10 (Single-Family
Residential) to R1-20 (Single-Family Residential); and
WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed
uses and surrounding uses; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended to the City Council that the rezoning be granted; and
WHEREAS, a map of the subject property is attached hereto as Exhibit A, 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 Exhibits A& B, are hereby rezoned
to: R1-20 (Single-Family Residential); and that Exhibit A attached hereto is made part of
the Master Zoning Map of the City of Cupertino; and
Section 2. This ordinance shall take effect and be in force thirty (30) days after its
passage.
Ordinance No. 12-2090
INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino the
17th day of January 2012 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 7th day of February, 2012, by the following vote:
Vote: Members of the City Council:
AYES: Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: Santoro
ABSTAIN: None
ATTEST: APPROVED:
eAQL-C(C;411-A lett .71.,... -----
Grace Schmidt, Acting City Clerk Mark Santoro, Mayor, City of Cupertino
4/at-J.1 1%.1 1214>rr- vii,12 . •
.-0,, 1
fat7
( -L - "pp
. I
12-17 IA . tz I — { .9 N.N\ • A/p.4., 1
• V./ 7.4. . 1
. i
• PZ i.
. ) • i
11.
• -- . I' . • --7----_______ 11
i 11
i
Val
. : • •. . " . 1
ii
II 0.4112el 4s;e- • N. . .
• .V . 1
N
I, •- . 4.71), , • - ., • •..
. . . .
. . .
, ,.... 1.-01,40:4-7. ,,. ., • . •
, ,.....____... _______ _ . •
9itG9 • . . /C - . . . .
A\ • . .
• •7— 1.,:. .. . , - .
. .
.%' • . a '
• • . (7,1WIPIJO rl,' . • t.
I ' •
• . • • . s: . I . .
tf
- It.
$
• •
. • 0 0 II-5 6 A.-- . . . . • i :
• . ,
• • •• •
• • . - i\P till '
- \ - , • • i
. ' -l• f : • 1
•, Z 11° AlD4. . . • ,
• . t
• . • 14 ' 1
• • I
• • • . '. ' . f<ti• 1.–.— : • .. • ; . • • - ' . l ' ' : . 1
1 .
. /e1 • , I
4+P i• . I.. \ • • .1 A' • • . : '
. _. . . • .0. f).1 • ' • ., - ! —. • . .:.. . . . 1
- . 1
. . .•.: :• . .. .. . . . . . . . . . . ..... ... . . . . .
, : • . I
•
. '
, • I
, • ,.
I i 4/1 tillitlikrr . 1-. 1...rr° i n, , C Izo.*.r)0 Ni e• ,') . . . •.
. .
• : ,,
•
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
PARCEL ONE:
PARCEL B OF THAT CERTAIN PARCEL MAP, IV THE CITY OF CUPERTINO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON NOVEMBER 19,
1968 IN BOOK 244 OF MAPS, AT PAGE 46.
EXCEPTING THEREFROM ALL THAT PORTION THEREOF CONVEYED TO SALVATORE A.
MARCHESE, ET UX, BY DEED DATED SEPTENBER 22, 1969 AND RECORDED NOVEMBER 5, 1969
IN BOOK 8727 OF OFFICIAL RECORDS, PAGE 477, DESCRIBED AS FOLLOWS:
PORTION OF PARCEL B, AS SHOWN ON PARCEL MAP RECORDED IN BOOK 244 OF MAPS, AT
PAGE 46, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER CF SAID PARCEL B, AS SHOWN SAID PARCEL MAP;
THENCE ALONG THE WEST LINE OF SAID PARCEL, NORTH 0° 14' 21" EAST, 143.78 FEET TO
THE NORTHWEST CORNER OF Said PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID
PARCEL, SOUTH 53° 47' 23" EAST, 21.04 FEET; THENCE LEAVING SAID NORTHERLY LINE,
SOUTH 07° 37 10" WEST, 132.52 FEET TO THE POINT OF BEGINNING.
PARCEL TWO:
LOT 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT NO. 4308" WHICH MAP WAS
FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, ON AUGUST 2, 1967 IN BOOK 226 OF MAPS, AT PAGES 27 AND 28.
EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS GRANTED BY TRANSAMERICA
TITLE INSURANCE COMPANY, A CORPORATION, TO SAN JOSE WATER WORKS. A CALIFORNIA
CORPORATION, BY INSTRUMENT DATED AUGUST 25, 1967 AND RECORDED AUGUST 28, 1967
IN BOOK 7836 OF OFFICIAL, RECORDS, PAGE 203.
ALSO EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS GRANTED BY JAMES D.
MACDONALD, ET AL, TO THE City OF CUPERTINO, A MUNICIPAL CORPORATION, BY
INSTRUMENT DATED AUGUST 2, 1967 AND RECORDED SEPTEMBER 1, 1967 IN BOOK 7843 OF
OFFICIAL RECORDS, PAGE 463.
APN: 356-26-026-00
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, Acting City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the
attached to be a true and correct copy of Ordinance No. 12-2090, which was
enacted on February 7, 2012, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
22nd day of February 2012.
GRACE SCHMIDT, Acting City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate