Ordinance 1089:, ,_. ..._. ,.r,.
ORDINANCE N0. 1089
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION I
OF ORDINANCE N0. 2 BY REZONING APPROXIMATELY 2.3 ACRES
FROM CG DA TO P ZONE; LOCATED ON THE SOUTHEAST CORNER OF
STEVENS CREEK BOULEVARD AND FINCH AVENUE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
WHEREAS, on November 7, 1980, an application was filed by Barry Swanson
Builders (Application 47-Z-80) for the rezoning of property from CG da (General
Commercial, development plan required) to P (Planned Development with office
Intent) zone; and
WHEREAS, upon due notice and after one public hearing the Planning Com-
mission recommended to the City Council that the Rezoning be granted; and
WHEREAS, the property to be rezoned is presently in a CG da (General
Commercial, development plan required) Zone; and
WHEREAS, a map of the subject property is attached hereto as Exhibit
"B" as a proposed amendment to the Master Zoning Map of the City of Cupertino.
tJOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the property described in attached Exhibit "A" be and
hereby is rezoned to a P (Planned Development with office intent) zone, aub,)ect
to conditions listed in attached Exhibit "C"; and that Exhibit "B" attached
hereto is made part of the Hester 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 Sthday of January 1981 and ENACTED at a regular
meeting of the City Council of the City of Cupertino this 19th day of
January , 1981 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
.~
City Clerk
APPROVED:
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APeLICATION N0. TS-432348 .`'~rf~V~ Ci
Tne iaM referred to herein is described as loliows:
ALL THAT. CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LIdE OF STEVENS CREEK
BOULEVARD FORMERLY STEVENS CREEK ROAD, WITH THE NORTHERLY PROLONGATION
OF THE MOST WESTERLY LINE OF TRACT 550, LOREE ESTATES, UNIT N0. 2, FILED
JANUARY 3, 1949, BOOK 22 OF MAPS, PAGES 4 AND 5, AS SAID BOULEVARD
AND WESTERLY LINE ARE SHOWN ON THE SAID MAP; THENCE S. 0° 35' 49" E.
ALONG SAID PROLONGED LINE AND ALONG THE WESTERLY LINE OF LOT 135 OF SAID
TRACT 550, A DISTANCE OF 309.85 FEET; THENCE S. 89° 30' 48" W. 136.09
FEET TO THE EAST LINE OF MILLER AVENUE, AS ESTABLISHED BY DEED TO CITY
OF CUPERTINO RECORDED MAY 2, 1962 IN BOOK 5559 OF OFFICIAL RECORDS,
PAGE 368; THENCE ALONG SAID EAST LINE N. 0° 30' W. 265.06 FEET; THENCE
ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 30 FEET, THROUGH AN
I ANC LE OF 90° O1' S0" AN ARC DISTANCE OF 47.14 FEET; THENCE N. 0° 28' 10" W
I 15.00 FEET TO SAID SOUTHERLY LINE OF STEVENS CREEK BOULEVARD; THENCE N.
89° 31' S0" E. ALONG SAID SOUTHERLY LINE 105.55 FEET TO THE POINT OF
BEGINNING, BEING A PART OF THE QUITO RANCHO, AND ALSO BEING THE PREMISES
SHOWN ON THE MAP OF RECORD OF SURVEY FILED MARCH 29, 1965 IN BOOK 192 OF
MAPS, PAGE 51, SANTA CLARA COUNTY RECORDS.
EXCEPTING THEREFROM THE UNDERGROUND WATER, AS GRANTED 1N THE DEED FROM
FIRST VALLEY CORPORATION TO CITY OF CUPERTINO, A MUNICIPAL CORPORATION,
DATED OCTOBER 7, 1968 AND RECORDED APRIL 17, 1969 IN BOOK 8502 PAGE
536, OFFICIAL RECORDS.
EXCEPTING THEREFROM THE INTEREST CONVEYED IN THE DEED DATED FEBRUARY 14,
1966, RECORDED APRIL 20, 1966 IN BOOK 7353 OF OFFICIAL RECORDS, PAGE 700,
FROM FREMONT UNION HIGH SCHOOL DISTRICT OF SANTA CLARA COUNTY, TO THE
CITY OF CUPERTINO FOR PUBLIC STREET PURPOSES DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF STEVENS CREEK ROAD C90.00
FEET WIDE) AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBE
IN THE DEED TO THE CITY OF CUPERTINO, WHICH DEED WAS FILED FOR RECORD
IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, ON APRIL 18, 1962 IN BOOK 5543 OF OFFICIAL RECORDS, AT PAGE
631; THENCE FROM SAID POINT OF BEGINNING ALONG THE SAID SOUTHERLY LINE
OF STEVENS CREEK POAD EASTERLY 704.24 FEET TO A POINT' IN THE EASTERLY
LINE OF THAT CERTAIN PARCEL OF LANG DESCRIBED IN THE DEED TO THE FREMONT
UNION HIGH SCHOOL DISTRICT WHICH DEED WAS FILED FOR RECORD IN THE OFFICE
OF THE ABOVE SAID RECORDER ON SEPTEMBER 8, 1953 IN BOOK 2716 OF OFFICIAL
RECORDS, AT PAGE 462; THENCE ALONG SAiID EASTERLY LINE SOUTHERLY 15.00
FEET TO A POINT IN A LINE WHICH IS PARALLEL WITH THE AFORESAID SOUTHERLY
LINE OF STEVENS CREEK ROAD AND DISTANT SOUTHERLY 15.00 FEET WHEN MEASURED
AT RIGHT ANGLES THEREFROM; THENCE ALONG SAID PARALLEL LINE WESTERLY 704.21
FEET TO AN ANGLE POINT IN THE EASTERLY LINE OF THE LANDS OF THE CITY OF
CUPERTINO HEREINABOVE FIRST REFERRED T0; THENCE ALONG SAiD EASTERLY
LINE NORTHERLY 15.00 FEET TO THE POINT OF BEGINNING.
•
Exhibit "C"
Ord. No. 1084
CONDITIONS:
1-14. Standard Conditions to the. extent that they do not conflict with 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 Exhibit A of Application 47-Z-80 as .may be
amended by additional conditions contained herein.