Ordinance 1103
ORDINANCE N0. 1103
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1
OF ORDINANCE N0. 2 BY REZONING APPROXIMATELY 1.25 ACRES
FROM CG AND R1-10 ZONES TO P ZONE; LOCATED APPROXIMATELY
150 FT. SOUTH OF STEVENS CREEK BOULEVARD ANA 280 FT.
EAST OF STEELING ROAD
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
WfiEREAS, on February 12, 1981, an application was filed by Community
iiousing Developers (Application 3-Z-81) for the rezoning of property from
CG (General Commercial) and R1-10 (Residential, Single-family, 10,000 eq.
Et. minimum lot size) zones to P (Flanned pevelopment with residential, 10-20
dwelling units per gross acre intent) Zone; 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, the property to be rezoned is presently in a CG (General
Commercial) and an R1-10 (Residential, Single-family, 10,000 aq. ft. minimum
lot size) zone; and.
tJHEREAS, 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.
NOW, 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 residential, LO-20
dwelling units per gross acre intent) zone, subject to conditions listed
in attached Exhibit "C"; and that Exhibit "B" attached hereto is made part
of the Master 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 CSty of
Cupertino this ~j~ day of April 1981 and ENACTED at a regular
meeting of the City Council of the City of Cupertino this 20th day of
April 1981 by the following vote:
Ord. No. 1103.
Vo a lfembers of the. City Council
AYES: Johnson, Plungy, Sparka
NOES: Catto, Rogers
ABSENT: .None
ABSTAIN: None
A~'PRQVED:
Mayor, City o p rtino
ATTEST:
G .~~
C y Clerk ~
- 2 -
• I' ' ~ ~ 12-0560
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Page
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~~1,,j4; ;'; ;AL DESCRIPTION:
,Y~~1.A11 that certain real property situate in the County of Santa Clara, Stets of
~':j'1 California. Described as follows:
Beginning at a point on the East line of Stalling Road, distant thereon South
297.26 feet from the intersection thereof with the 3 outhnrly lice of 30 foot
strip of land conveyed by Southern Pacific Company, a corporation, to County of
Santa Clara, by Deed dated April 5, 1937 and recorded December 7, 1937 in Book
853 of Official Records, page T48, said point of beginning also being the South-
erly corner of the lead conveyed by Peter Biachi et ux, to Leo J. Biachi, et ux,
by Deed dated December 22, 1947 and recorded December 26, 1947 in book 1544 of
Official Records, page 145; thence South along said East line of Stalling Road
127.51 feet to the Southwesterly corner of the land conveyed by Back of America
to Peter Bianchi. by Deed dated April 10, 1941 and recorded April 28, 1941 in
Book 1038 of Official Records, page 156; thence N. 89' S7' E. along the Southerly
r'line of the land so conveyed to Biachi, 307 feet to the center line of a 40 foot
right of way hereinafter described; thence along said center line and parallel
with said line of Stalling Road North 63.75 feet; to the Southeasterly comer of
that certain parcel of lend conveyed by Peter Bianchi, et ux, to Peter Saroglia
et ux, by Deed dated and recorded January 6, 1949 in book 1728 of Official Records,
page 454; thence along the Southerly line of ea id Saraglia parcel, South 89' S7'
West 163.50 feet to the Southwesterly corner thereof; thence along the West line
of said parcel of land eo conveyed to Saroglia North 63.76 feet to the Southeasterly
corner of said parcel of land so conveyed to Leo J. Bianchi, et uz; thence along the
Southerly line of said last named parcel of land S. 89' S7' W. 143.50 feet to the
point of beginning and being a portion of the Southwest 1/4 of 5ectioa 13,•Township
7 South, Range 2 West, M.D.B. b M.
Together with a right of way over a parcel of land 40 feet vide, the center line of
which is described as folloWS:
/Beginning at a point on the Southerly line of a 30 foot strip of land conveyed by
Southern Pacific Company, to the County of Santa Clara, by Deed dated April 5, 1937
and recorded December 7, 1937 in Book 853 of Official Records, page 248, distant
thereon N. 89' S7' E. 20 feat from the West line of the parcel of land conveyed by
the Bank of America to Peter Bianchi by Deed dated April 10, 1941 and recorded
April 28, 1941 in Book 1038 of Official flecorde, page 156; thence South and parallel
with said Weat line and the South prolongation thereof 424.77 feet to the Southeast-
erly corner of the parcel of land hereinabove referred to.
Reserving therefrom a right of way for ingress and egress over all that portion there-
of lying within the bounds of the 40 foot right of way. hereinabove described.
Commonly known as: 20731 Carniel, Saratoga, California 95070 ,, •...., -, r ~~.
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12-0561
Page 3
..i:.V,,-,JAL DESCRIPTION:
't S::'
,;;~ All that certain real property situate in the County pf Santa Clara , State of
~'~ California, Described as follows:
Commencing at a point on the Southerly line of the 30 foot strip of land conveyed
by Southern Pacific Crnopany to the County of Santa Giara, by Dead dated April S,
1936 and recorded December 7, 1937 in Book 853 of Official Records, page 246, dist-
ant thereon Easterly 307 feet from the point of intersection of •aid Southerly line
with the Easterly line of 6telliag Road, thence Southerly and parallel with the
center line of Stalling road, 264.77 feet to the true point of beginning of this
description, said point of beginning being in the center line of a roadway 40 feet
wide; thence Southerly and parallel with said line of Stalling road 160.00 feet
to the Southerly line of that certain parcel of land conveyed by the Benk of America
to Peter Bianchi, by Deed dated April 10, 1941 and recorded April 28, 1941 is Book
1038 of Official records, page 156; thence along said Southerly line, N. 89~ 57' E.
.x.59.95 feet to an iron pipe set at the Southeasterly corner of said parcel of Land
conveyed to Bianchi; thence along the Easterly line of said Bianchi parcel, North
160.00 feet; thence parallel with the Southerly line of said Bianchi parcel, S. 89'
57 W. 159.95 feet to the true point of beginning and being a postioa of Section 13,
Township 7 South, Range 2 West, M. D. 8. 6 M.
Together with a nocrexcluaive right of way for ingress and egress over a strip of
land 40 ,feet wide, the center line of which is described ae follow:
Beginning at a point in the Southerly line of the 30 foot strip of land conveyed by
Southern Pacific Company to the County of Santa Clara. by Deed dated April 5,2937
and recorded December 7, 1937 fn Book 853 of Official Records, page 248, Santa Clara
County Records. said point of beginning being distant along said line Easterly 20 feet
from the Westerly line of the parcel of land conveyed by the Bsok of America to Peter
Bianchi by Deed dated April 10, 1941 and recorded April 28, 1941 in Book 1038 of Off-
icial Records, page 156, Santa Clara County Records; thence Southerly and parallel with
aid Westerly line and the Southerly prolongation thereof 424.77 feet to the Southerly
~e of said laads~so conveyed to Hiaachi.
Commonly known aa: 21310 Columbus, Cupertino, California
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ESCBIPTION:
12-0562
Page 3
Atl th.,t certain real property situate in the County of Santa Clara, State of
c., t . ~ „~ ~, ~.,, Described as follows:
t~,•~:~~~.rng at a point in the Southerly line of the 30 foot strip of land conveyed
by ~1. :southern Pacifrc Coopany to the County of Santa Clara, by Deed doted April
5, ;~~t7 and recorded December 7, 1931 in Vol. 853 of Official Racorda, page 24tl,
Santa Clara County Records, acid point of Dsginning being distant along said lino
Easterly 20 feet from th• Wsatsrly line of the parcel of land conveyed by the Bank
n! Amer ice co Peter Bianchi by Daad dated April 10, 1941 and recorded April 28, 1941
in Vol. 1038 of Official Records, page 156, Saat• Clara County Reeords; thence South-
erly and along the csntarliaa of cF.e right of way 40 feat wide hscaioaftar described
and parallel with the Yastsrly line of said laad• •o eoavsyad to Bianchi, 172 feet co
the intersection of acid center lies with the Easterly prolongation of the Northerly
line of the lands co conveyed to Bianchi, said point of intersection being the true
porno of beginning of the paresl of land herein deacribsd; thence froe acid true
inc of beginning Southerly sad parallel with the Southerly prolongation of said
~~cerly line of said laods and along the cantsrliaa of said 40 foot right of way
vt.)) feet; thence Wsstsrly sad parallel with •aid Northerly line of said lands and
the easterly prolongation 159.95 fast; thanes Northerly and parallsl with said lieat-
erly line of said leads 92.,77 feet; theac• Westerly •ad parallel with the Southerly
line 159.95 feat to said trot point of bsgiania~.
Together wit~r ehe right of wy fos iagrast• sad egress over that certain paresl of land
40 feat wide, the center liw of which i• described as follArs:
Beginning at a point is tb• Southerly line of tb• 30 foot strip of land conveyed by
Southern Pacific Coepaay to the County o! Beata Clara by Dead dated April Sr 1937 and
recorded December 7, 1937 is Vol. 853 0! Official 4eords, pag• 248, Santa Clar• County
Reeords, acid point of bsSiaoiaS bsiaS distant along said line easterly 20 last frow
the westerly lies of the paresl ol.land conveyed py tba Beak o! Araesica to Peter
Bianchi by Desd dated April L0, 1941 sad saeordad April 28, 1941 in Vol. 1038 of Off-
icial Racorda s, pass 156, Santa Clara County Saeorda; thence Bouthsrly sad parallel
~`!h .aid Westerly line sad the Southerly proloaSatioo thereof, 414.71 fast to the
_ ..rtherly line of said leads eo Coorsysd co >s.#agCgi.
commonly known sa: 10050 lfiaachi Way, Cupartiao, Csiilornia
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Dimensions of Property: 1); acres = i.l~ ~ ~
Rezone: 20 units .per acre ~ _ __ (~'DU '' i c,6A,r,
i C~
From CG,R1-10 I = ~ °_ G~('r
2
To: PD - (E'1-.nned Deve lop:nen:; ~ ~ _ ~ 9 --~ I + °_ ~ ~/
with Residential 10-20 dwelling Z - -- 236c + ` '+_~
units per gross acre with in- J _ / ~~ /O ~ r
tent ! .. w .s G-t`f .
F-
- PL.4NTJlI~lG COMMISSION ~
- GTY Of CUjjPERTINO ~
~ APPI:CgTI N NO.%`~• ~' ~' 12
EXNI~IT
t:, -. -
.; PJC RESOLJ~ION~ ~ .
DATE: ~ ,
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Exhibit "C"
• Ord. No. 1103
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 Zoning Map Exhibit A of Application 3-Z-81
as may be amended by additional conditions contained herein.
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