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Ordinance 1209 ORDINANCE N0. 1209 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1 OF ORDINANCE N0. 2 BY REZONING APPROXIMATELY 1.2 CROSS ACRES FROM CITY OF CUPERTINO CG ZONE TO CITY OF CUPER- TINO P ZONE; LOCATED ON THE WEST SIDE OF NORTH DE ANZA EOULEVARD APPROXIMATELY 250 FT. NORTH OF STEVENS CREEK BOULEVARD THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: WHEREAS, on October 1, 1982, an application was filed by William K. Kelley (APPlication 14-2-62) for the rezoning of property from City of Cupertino CC (General Commercial) Zone to City of Cupertino P (Planned Development with commercial/office 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 WkiEREAS, the property to be rezoned is presently in a City of Cuper- tino CG (General Commercial) 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 intent) zone; subject to the 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 6th day of December 1982 and ENACTED at a regular meeting of the City Council of the City of Cupertino this 20th_ day of December 1982 by the following vote: Vote Members of the City Council AYES: Johnson, Plungy, Rogers, Sparks, Gatto NOES: None ABSENT: None ABSTAIN: None ATTEST• ///`/,~~,;~ ~/ AP~ VED• s __~~_~CCCe-~ ~ _ .a~~~.E~ City Clerk Mayor City of Cuper no • 0279 ERHIBIT "A" Real property situated in the City of Cupertino, Countyaof Santa Clara, State of California, described as follows: PARCEL ONE: ALL OF PARCEL 7, as shown upon that certain record of survey, being a portion of the Northwest Quarter of Section 13, Township 7 S R 2 W, M.D.B. b M:, lying within the City of Cupertino, recorded August 24, 1972 in Book 307 of Mapa, at page 29, Santa Clara County Records. EXCEPTING THEREFROM the interest conveyed to the City of Cupertino for public roadway purposes, together with other rights, by Deed recorded January 22, 1973 in Book 0204, page 466 of Official Records, over so much thereof described as follows: BEGINNING at the most north easterly corner of Parcel No. 7, as said parcel is shown on the Record of Survey, recorded in Book 307 of Mape a[ page 29, Santa Clara County Records; thence along the easterly line of said parcel, said line being the westerly line of Saratoga-Sunnyvale Road, as shown on said map, S. 0° 06' 48" E., 102.00 feet; thence leaving said westerly line along the southerly line of said parcel, S. 89° 53' 12" W., 20.00 feet; Chence leaving said southerly line along a line that ie parallel with and 20.00 feet westerly, measured at right angles from said westerly line of Saratoga-Sunnyvale Road, N. 0' 06' 48" W., 102.00 feet to a point in the northerly line of said parcel; thence along said northerly line, N. 89' S3' 12" E., 20.00 feet to the /~ Point of Beginning. PARCEL TWO: ALL OF PARCEL 8, as shown upon that certain record of survey, being a portion of the Northwest Quarter of Section 13, Township 7 S R 2 W, M.D.B. b M, lying within the City of Cupertino, recorded August 24, 1972 in Book 307 of Maps at page 29. Santa Clara County Records. EXCEPTING THEREFROM the interest conveyed to the City of Cupertino for public roadway purposes, together with other rights, by Deed recorded July 12, 1974 in Book 0987, page 463 of Official Records, over so much thereof described as follows: BEGINNING at the most northeasterly corner of Parcel No. 8, ae 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 easterly line of said parcel, said line being the westerly line of Saratoga-Sunnyvale Road as shown on said map, S. 0° 06' 48" E., 60.10 feet; (CONTINUED) s ~ • I ani~~a s~n~q n, ~W ~ v ~~~ U 4- ~~ • ~, ~~~ l0~ Q~ ® ° ~~ io9'dil ,aL ~ ~ .-~ ~~ ~ ~ ~ ~ O }-~ ,~s~~~i~ '~ ~ d ~~> 4 ~ N ~ ~~ ' ~ ~~ d. ,~ Ias'Ltil ~~ ~ 111 ~~\ `(((~~~-. ~ Z (~ ~~ ~-`t1~ I • a„~ ~~~~ SN~A~I.S PLANNING COA~t,~Ic560N CIiY GF Cu?"~tTi~,O :ra;~ PAC RESOLUTIOfI r:a.~___ DA E: ~ *~ ~- __ i1: . ..9 ~ ~ e ,~ N°~~Y d~t~v~ oY Y v N 1211 y v _~ ~ D n .: v r rt, ~ w P1 b O ^~ ?i ~ Z r• C ~: ~ r U ~ ~t it ~ "" Q fl (l I~i p i O•~ ,, NN I 'J > . 1 ~. :~ I ~ ~-~ I I ~p~. ° o I~°~..tH ~; To p, p, __ ~14~ ~~ ~. o I _ ~SZ.w' .g .15. o - ~a ,~ i~ . '-- ( r ~~ d _~ eE aNza. - ~ov~~.vAa.r~ ~JN1~1~ ~/`%1,~~~>~/cam ~~~ f ~ ~° fit ~ C-= ?., _~ Q ~~, ~~~ r~` ' . 279 Exhibit "A" Page 2 thence leaving said westerly lice along the southerly line of said parcel, S. 89° 53' 12" W., 20.00 feet; thence leaving eaid 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, N. 0° 06' 48" W., 60.10 feet to a point is the northerly line of said parcel; thence along said northerly line N. 89° 53' 12" E., 20.00 feet to the Point of Beginning. PARCEL THREE: ALL OF PARCEL 9, as shown upon that certain record of survey, being a portion of the Northwest Quarter of Section 13, Township 7 S R 2 W, M.D.B. b M., lying within the City of Cupertino, recorded August 24, 1972 in Book 301 of Mapa,.at page 29, Santa Clara County Records. EXCEPTING THEREFROM the interest conveyed to the City of Cupertino for publlc roadway purposes, together witn other rights, by Deed recorded January 22, 1973 in Book 0204, page 477 of Official Records, over so much thereof described as follows: BEGINNING at the most north easterly corner of Parcel No. 9, as said parcel i s shown on the Record of Survey, recorded is Book 307 of Maps at page 29, Santa Clara County Records; thence along the easterly line of eaid parcel. said line being the westerly line of Saratoga-Sunnyvale Road as shorn on said Map, S. 0' 06' 48" E., 64.90 feet; thence leaving said westerly line along the southerly line of said parcel, S. 89° 53' 12" W., 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, N. 0° 06' 48" W., 64.91 feet to a point in the northerly line of said parcel; thence along eaid northerly line N. 89° 55' 27" E., 20.00 feet to the Point of Beginning. Exhibit "C" Ord. No. 1209 CONDITIONS: 1-14. Standard Conditions to the extent that they da not conflict with the special conditions enumerated herein. In the event a conflict does exist, the spacial conditions enumerated herein shall apply.. 15. The approval is based upon Exhibit A of Application 14-Z-82 as may be amended by additional conditions contained herein. 16. The applicant shall record reciprocal. ingress/egress easements over the vehicular access ways to reflect a joint usage concept between the subject property and adjoining property to the north and west. 17. The applicant/property owner agrees to participate in his propor- tionate share of major off-site attest improvements of a local or communitywide nature, such as major improvements to the intersection of De Anza Boulevard and Stevens Creek Boulevard. Said .agreement shall include, but not be limited to, agreement to participate in a local improvement district, or directly contribute to street improve- ment. If an assessment district is formed. the applicant/property owner's share would be determined by a cost benefit ratio ae estab- lished by assessment district law. Boundaries for any district would be determined at a later date per assessmenC district law. The agreements to install the above improvements shall be submitted. and recorded prior to or in conjunction with the issuance of building permits.