Ordinance 1142ORDINANCE N0. 1142
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1
• OF ORDINANCE N0. 2 BY REZONING APPROXIMATELY 3.3 ACRES
FROM P ZONE TO P ZONE; LOCATED ON THE SOUTHWEST CORNER
OF DE ANZA BWLEVARD AND LAZANEO DRIVE
THE CITY COUNCIL OP THE CITY OP CUPERTINO DOES ORDAIN AS FOLLOWS:
WHEREAS, on August 7, 1981, an application was filed by Sobrato De-
velopment Companies (Application 20-Z-81) for the rezoning of property
from P (Planned Development with residential cluster Intent) zone to P '
(Planned Development with commercial and office use intent) zone.; and
WEIEREAS, upon due notice and after one public hearing the Planning
Commission recommended to the City Council that the Rezoning be granted;
and
WEiEREAS, the property to be rezoned is presently in a P (Planned Develop-
ment with residential cluster Intent) 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.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the property descrlbed in attached Exhibit "A"
be and hereby is rezoned to a P (Planned Development with commercial and
office use 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 City
of Cupertino this 20th day of October 1981 and ENACTED at a regular
meeting of the City Council of the City of Cupertino this 2nd day of
Nnv~be,- , 1981 by the following vote:
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers, Gatto
NOES: None
ABSENT: Sparks
ABSTAIN: None
ATTEST: APPROV
~~' Deputy Cit Clerk Mayor, City of Cu tino
LEGAL DESCRIPTION:
ail chat certain real property situate in the City of Cupertino, County of Santa
Clara,~State of California, described as follows:
PARCEL 0:7E:
Coa:enciag at a granite monument set for the center of Section 13, Township 7
South, Range West, H.D.B. b M., also being the point of intersection of the
original center line of Stevens Creek Road with the center line of the Sunnyvale-
Saratoga Road; thence along the center line of Sunnyvale-Saratoga Road, North 0°
04' East 20.22 chains to the Northeasterly corner of that certain parcel of land
described in [he Deed from Anton Zaukich, et ux, to James Banich, et ux, dated
July 1, 1953 and recorded October 19, 1953 in Book 2742 of official Records, at
Page 86; thence along [he northerly line of said parcel of land so described in
the Deed to Banich, North 89° 56' West 140.00 feet to the Northwesterly corner
thereof, which is also the True Point of Beginning of the parcel of land to be
described; thence along the Northerly line of that certain parcel of land
conveyed by Anton Zankich, et ux, to Rosario Ciuffrida, et ux, by Deed dated July
?1, 1949 and recorded July Z2, 1949 in Book 1821 of Official Records, at Page
424, North 89' S6' West 493.006 feet to the Northwesterly corner thereof; [hence
along the Westerly line of said parcel of land sa conveyed to Ciuffrida, South 0'
04' West 344.058 feet to the Southwesterly corner thereof; thence along the
Southerly line of said parcel of land so conveyed to Ciuffrida, South 89' S6'
East 601.436 feet to the Southwesterly corner of that certain parcel of land
conveyed by Rosario Ciuffrida, et ux, to State of California, by Deed dated
October 25, 1955 and recorded December 5, 1955 in Book 3351 of Official Records,
Page 343; thence along the Westerly line of said parcel of land so conveyed to
~he State of California, North 2' 09' 14" East 38.32 feet and North 0' I1' S0"
West 168.34 fee[ to the northwesterly corner thereof on the Southerly line or
said parcel of land so conveyed to Banich; thence along the said Southerly line,
t:orth 89° 56' West 110.00 feet to the Southwesterly corner [hereof; thence along
the westerly line of said parcel of land so conveyed to Banich, North 0' 04' East
138.10 feet to the true point of beginning and being a portion of the North-
westerly 1/4 of Section 13, Township 7 South, Range 2 West, H.D.B. b M.
EXCEPTING THEREFRO!! the interest as dedicated by Don O. Bandley, et al, to City
of Cupertino, by instrument dated January 9, 1962 and recorded January 25, 1962
in Book 5444 of Official Records, Page 695, in and to the following described
parcel of land:
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BEGI\Vjt7G at the intersection of the West line of Saratoga-Sunnyvale Road (60.00
feet vide) and the Northerly line of that certain parcel of land described in
deed from Rosario Giuffrida, et ux, to Don 0. Sandley, e[ al, dated ;fay 23, 1961
and recorded May 24, 1961 1n Book 5176 of Official Records, in the Office of the
Recorder, County of Santa Clara, State of California, at Page 517; thence
Westerly along said Northerly line 10.00 feet; thence Southerly along a line
parallel to and 40.00 feet distant, meausred at right angles, from the center line
of Saratoga-Sunnyvale Road (60.00 feet vide) 206.64 feet to the Southerly line of
the aforesaid parcel; thence Easterly along said Southerly line 8.43 feet to an
Easterly line of the aforesaid parcel; thence Northerly along said Easterly line
38.32 feet to the West line of Saratoga-Sunnyvale Road (60.00 feet vide); thence
northerly along West line of said Road 168.34 feet to the point of beginning.
/'`4LS0 E%CEPTING ?IiEREFROM the interest as dedicated to the City of Cupertino by
instrument recorded January 22, 1973 in Book 0204 of Official Records, Page 495,
described as follows:
(A) BECINt7I27G at the most Northeasterly corner of Parcel No. 12, as said parcel
is shown on the Record of Survey recorded in Book 307 of Maps, a[ Page 24, Santa
Clara County Records; thence along the Easterly line of said parcel, being the
Westerly line of Saratoga-Sunnyvale Road, as shown on said Map, South 0° 05' 29"
East 206.10 feet; thence leaving said Westerly line, along the Southerly line of
said parcel, South 89° 55' 03" West 20.00 feet; thence leaving said Southerly
line, along a line that is parallel with and 20.00 feet Westerly, measured at
right angles from said Westerly line of Saratoga-Sunnyvale Road, North 0' 05' 29"
West 206.12 feet to a point in the Nortterly line of said parcel; thence along
said Northerly line North 89' S8' S6" East 20.00 feet to the Point of Beginning.
(B) BEGINNING at the most Southwesterly corner of Parcel No. 12, as said parcel
~s shown on the Record of Survey recorded in Book 307 of Maps, at Page 29, Santa
.lara County Records; thence along the Westerly line of said parcel, North 0' 04'
47" West 344.87 feet to the most Northwesterly corner of said parcel; thence
along the Northerly line of said parcel, North 89° 58' S6" East 492.94 feet to
the most Northerly corner of said parcel; thence along one of the Easterly lines
of said parcel, South 0° 05' 29" East 60.00 feet; thence leaving said Easterly
line along a line that is parallel with and 60.00 feet Southerly, measyred at
right angles from said Northerly line South 89° 58' S6" West 405.23 feet; thence
along a tangent curve co the left, having a radius of 20.00 feet, through a
tenczal angle of 88° 24' 00", an arc length of 30.86 feet; thence South 1° 34'
56" West 265.46 fee[ to a point in the Southerly line of said parcel; thence
along said Southerly line, South 89' S5' 03" West 60.00 feet to the point of
beginning.
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PIv?CEL TWO:
BEGIt:NING at an izon pipe in the center of the Sunnyvale-Saratoga Road, formerly
the ?fountain Viev and Saratoga Road, at the Northeast corner of the lands
foraerly of F. E. Good;ich, and the Southeast corner of the 29.88 acre. tract
conveyed by W. F. Cunckel to Dwight Durkee, Jr., by deed dated December 12, 1882
and recorded December 12, 1.882 in Book 66 of Deeds, Page 79, said point being
North 00° 04' East 20.22 chains from a granite monument set for the center of
Section 13, Township 7 South, Range 2 West, N.D.B. 6 H., also being the inter-
section of the center line of the Stevens Creek Road with the center line of
Sunnyvale-Saratoga Road; thence along the line between the lands formerly of F.
E. Goodrich, and the lands now or formerly of Dwight Durkee, Jr., North 89' S6'
West 140.00 feet; thence parallel to the center line of Sunnyvale-Saratoga Road
South 00' 04' West 138.10 feet; thence parallel to the first course of this
~iescripcion South 89' S6' East 140 feet to the center line of said Road; thence
along said center line North 00° 04' East 138.10 feet to the point of beginning,
and being a portion of the Northwest 1/2 of Section 13, Township 7 South, Aange 2
West, M.D.B. b M.
E\CEPTING THEREFROM that portion thereof described as follows:
BEGI:^:I::C at an iron pipe in the center of the Sunnyvale-Saratoga Road, formerly
the :fountain View and Saratoga Road, at the Northeast corner of the lands
foraerly of F. E. Goodrich, and the Southeast corner of the 29.88 acre tract
conveyed by W. F. Gunckei to Dwight Durkee, Jr., by deed dated December 12, 1882
and recorded December 12, 1882 in Book 66 of Deeds, Page 79, said point being
North 00' 04' East 20.22 chains from a granite monument set for the center of
Section 13, Township T South, Range 2 West. M.D.B. ~ M., also being the Inter-
section of the center line of the Stevens Creek Road with the center line of
Sunnyvale-Saratoga Road; thence along the line between the lands formerly of F.
~[- Goodrich, and the lands now or formerly of Dwight Durkee, Jr., North 89' S6'
.rest 140.00 feet to one of the Northeasterly corners of that certain parcel of
land conveyed by Anton Zankich, et ux, to Rosario Giuffrida, et ux, by deed dated
July 21, 1949 and recorded July 22, 1949 in Book 1821 of Official Records, at
Page 424; thence along one of the Easterly lines of said parcel of land so
conveyed to Giuffrida, South 00° 04' West a distance of 70 feet; thence along a
line leaving said Easterly line and rvnning South 89° 56' East a distance of
140.00 feec to a point in said center of Sunnyvale-Saratoga Road; thence along
said center line North 00° 04' East, a distance of 70 feet to the point of
beginning, and being a portion of the Northwest 1/2 of Section 13, Township 7
South, Range 2 West, H.D.B. b M.
aI.50 E!CCEPTI:IG T.'fEREFROM the Westerly 10.00 feet of the Easterly 40.00 feet
conveyed to the County of Santa Clara for a public highway by deed recorded April
13, 1962 in Book 5538,. Page 514, Official Records of Santa Clara County.
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,1L50 SXCEPTIVG THEREFR0:1 that portion dedicated to the City of Cupertino for
publlc•roadvay purposes by instrument recorded January 22, 1973 !n Book 0204 of
Official Records, Page 426, described as follows:
BEGI:~`7ING at the most Northeasterly corner of Parcel No. 13, as said parcel is
shown on the Record of Survey recorded in Book 307 of Haps, at Page 29, Santa
Clara County Records; thence along the Easterly line of said parcel, said line
being the Nesterly line of Saratoga-Sunnyvale Road, as shown on said Map, South
0' OS' 29" East 68.10 feet; thence leaving said Nesterly line along the Southerly
line of said parcel, South 89' S8' S6" Nest 20.00 feet; thence leaving said
Southerly line along a line that is parallel with and 20.00 feet Nesterly,
measured at right angles from said Nestecly line of Saratoga-Sunnyvale Road,
+orth 0° 05' 29" Nest 4$.14 feet; thence along a tangent curve to the left,
having a radius of 30.00 feet, through a central angle of 41' 44' 12", an arc
length of 21.85 feet to a point !n the Northerly line of said parcel; thence
along said Northerly line North 89' S8' S6" East 27.61 feet to the Point of
Beginning.
PA.RCT_L T:iREE:
BEGI::t:IhG at the most Southwesterly corner of Parcel No. 14, as said parcel is
shown on the Record of Survey, recorded in Book 307 of Maps, at Page 29, Santa
Clara County Records; thence along the Nesterly line of said parcel North 0' 05'
29" kest, 10.00 feet; [hence leaving said Nesterly line along a line parallel
with and 10.00 feet Northerly, measured at right angles from the Southerly line
of said parcel, North 89' S8' S6" East,~50.04 feet; thence along a tangent curve
to the right, having a radius of 30.00 feet, through a central angle of 48' 11'
23", an arc length of 25.23 feet to a point in the Southerly line of said parcel;
thence along said Southerly line South 89' S8' S6" Nest, 72.39 feet to the Point
of Beginning.
52R: 80X CONV OF '
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Exhibit "C°
Ord. No. 1142
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 exlat, the special conditions enumerated herein shall apply.
I5. The approval is based .upon Exhibit A of Application 20-Z-81 as may
be amended by additional conditions contained herein.
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