Ordinance 1165
r
ORDINANCE N0. 1165 ,.
- AN ORDINANCE -0F THE .CITY OF CUPERTINO AMENDING SECTION 1
OF ORDINANCE N0. 2 BY REZONING APPROXIMATELY 14 ACRES
FROM P TO P ZONE; LOCATED BETWEEN STEVENS CREEK BOULE-
VARD AND RODRIGUES AVENUE APPROXIMATELY 700 FT. WEST OF '
SOUTH BLANEY AVENUE
~ THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
WHEREAS, on October 1, 1981, an application was filed by Town Centez
Properties, Ltd. (Application 27-Z-81) for the rezoning of property from
P (Planned Development) to P (Planned Development with commercial, office and
residential, 15-30 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 P (Planned Develop-
ment) 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 Cuper-
tino.
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 commercial, office and
residential, 15-30 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 City of
Cupertino this 16th day of February 1982 and ENACTED at a regular.
meeting of the City Council of the City of Cupertino this 5th day of
April 1982 by the following vote:
Vote Members of the City Council
AYES: Johnson, Plungy, Sparks
NOES: C.atto, Rogers
ABSENT: None
ABSTAIN: None
' EXHIBIT "A" #902550
• •
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, described ae follows:
PARCEL ONE:-
That portion of the North half of the Southeast quarter of Section 13 iownehip
7 South Range 2 Wes[ Mount Diablo Base and Meridian, described ae follows:
BEGINNING at ~a point in the center line of the Stevens Creek Road 60 feet wide
and in the 1/4 Section line running East and West through the center of Section
13, Township 7 South, Range 2 West H.D.H., distant thereon East 4.981 chains
from the common corner for lands, now or formerly of Nick Bagar sad land now or
formerly of D. Sutherland, said point of beginning being also the Northeast
corner of the LO acre tract sold by [he Estate of Ferdinand Brassy, an incompetent
person, to said Niek Bagar and running thence along the East line of said Niek
Hagar'c 10 acre tract, South 20.073 chains to the Southeast corner of said 10
acre tract; thence is a true prolongation of the South line of said 10 acre
tract North 89' 47' East 3.567 haine to a point; thence parallel to the East
/~ line of said LO acre tract, North 20.07 chains to the center Line of the Stevens
f Creek Road and 1/4 Section line running East and Weat through the center of said
Section 13, Township 7 South, Range 2 West, and thence along said center line of
said road and said 1/4 Section line Weat 3.567 chains to the place of beginning.
EXCEPTINC T'SEREFROH a strip of land 30 feet vide lying out South of the South line
of the Stevens Creek Read, containing an area of approximately 0.158 acres conveyed
[o San Jose-Los Gatos Interurban Railway Company, by Deed recorded July 10, 1908, in
Book 335 of Deeds, Page 132, Santa Clara County Records.
A1.50 EXCEPTING THEREFROM that portion lying Southerly of the center line of Rodrigues
Avenue.
PARCEL TS10:
BEGINNING at a stake marked S4 standing in the center line of the Stevens
Creek Read 60 feet wide, and in the quarter section line running East and
Went through the center of Section 13, Township 7 South, Range 2 West,
H.D.B. b H. and from which a vitnes• post marked W.P. and standing in the
South line of •aid road bears South 35 links and said point also being the
common corner for lands now or formerly of Daniel Sutherland sad the North-
west corner of 39+788 acre tract conveyed to Ferdinand Brassy, et al, by
' Deed recorded on September 14, 1887 in Book 97 of Deeds, Page 184, Santa
Clara County Records; thence running East and along the center line of the
Stevens Creek Road 4.981 chains to the Northwest corner of 7.158 acre tract
conveyed by Ferdinand Brassy to M. L. Martin, by Deed recorded on November
21, 1905 in Book 292 of Deeds, Page 267. Santa Clara County Becorda; thence
South and along the Westerly line of acid 7.158 acre tract 20.073 chains to the
Southwest corner thereof; thence South 84' S7' West 4.981 chains to the Southwest
corner of •aid 39.788 acre tract; thence Northerly and along the West line of a
^aid 39.788 acre tract 20.08 chains to the place of beginning. ~ e'~
2~~ 7
CONTAINING approximately 10 acres of land, and being • portion of the North c+c'*'~
1/2 of the Southeast 1/4 of Section 13, Township 7 South, Bangs 2 West, ~,,,,,..
M.D.B. a M. ~.~• _:)
••
EXCEPTING THEREFROM the parcel of land conveyed by Nick Bagar to San Joae- ~~=~`a
Los Gatos Interurban Railway Company, a corporation, by Deed dated September rr3-
?~ IQf1S it. .,~t!~~1 Jul`• LI1; 190v :~ °,,•Y 31F of n-•ds. Fags ll. :'.nta Clary „~
..
• EAHIBIT "A" •902~ (CONT.)
Beginning at a point where the Southerly line of the Stevens Creek Road inter-
sects the"Easterly boundary line of the lands of D. Sutherland and running
[hence South along said Easterly line a distance of 30 fees to a point; thence
East a distance of 328.75 feet to a point in the Easterly boundary line of the
land[ of Nick Bagar; thence Narth along said Easterly line of the lands of
Nick Bager, a distance of 30 feet to a point in the South line of the S[eveae
Creek Road; thence West along said South line of the Stevens Creek Rosd a
distance of 328.75 feet to the point of beginning. Courses True. The above
described real property containing approximately 0.226 of an acre, and being a
strip of land 30 feet vide parallel to and lying adjacent to the South line of ,
the Stevens Creek Road and being a part of the North 1/2 of the Southeast 1/4
of Section 13, Tomship 7 South, Range 2 West, H.D.H.
Also excepting therefrom that portion thereof lying Southerly and Southeast-
erly of the Southerly and Southeasterly line of Rodrigues Avenue, a• said
Avenue ie described in the Deed to the City of Cupertino, recorded !!ay 4,
1971 in Book 9316 of Official Recor3s, Page 475.
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PLANNING COMMISSION
CITY OF CUPERTINO
APPLICATION~jNO. ~- Z- ~~
EXHIBIT r7
PIC RESOLUTION NO.
DATE: ~ /
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_~ ~ P LANEY AyE .
kl ,STAVE L-AIC~INEERINC~ ~. ii ~'~~~q^a~~ ~ff
566 P,2,Ci= ~e~ • ~~` ~~I' R
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•' Exhibit "c"
Ord. No. 1165
CONAITIONS:
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 as enumerated herein shall apply.
15. That the approval is based upon Exhibit A of Application 27-2-81
as may be amended by additional conditions contained herein and
shall comply with the general site layout illustrated in Exhibit
Al lat Revision of Application 23-U-81 as may be amended by additional
conditions contained herein.
16. The applicant shall participate in the City's Below Market Rate
Housing Program as adopted by the Planning Commission and City Council.
Said commitments shall require the provision of 37 Below Market Rate
Housing units prices as per the requirement of said program.