Ordinance 1216
UKDiNANCE NO. 1[16
AN URUINANCE OF T1Hi CITY OF CUYERTINO MUsNDING SECTION 1
OF ORDINANCE NO. 2 BY RE'LONING APPROXIMATELY .15 GROSS
ACRE FROM CCl.ONE TO P ZONE, LOCATED AT THE SOOT}}WEST
CORNER OF STEI.LiNG KOAD AND MCCLdLLAN ROAD
THE CLTY COllNCiL OF THE CITY OF CUPERTINO UOE5 ORDAiN A5 FOLLOWS:.
WEIEREAS, ort November. 30, 1981, an applicFrtion was filed by Moyer Ass-
rla[es (App.lication 16-'L-82) for the rezoning of property from CG (General
Commercial) %one to P (Planned Development) %one, and
W}}r'ItEAS, upon due notice and after one public hearing the Planning
Cocanlssion recommended to the City Council that the Kezdning be granted,
and
WFIF:REAS, the property to be rezoned is presently in a CG (General
Commercial) 'Lone, and
WHEREAS, a map of the subject property is attached hereto as Exhibit
"i3'' ^s a proposed amendment to the Master %uniog tdap of the City of Cupertino.
NOW, T1iEREFORE, BE I'f ORllAINED AS FOLI.OW5:
Section 1. That the property described in attached Exhibit "A" be
and hereby is rcaoned to a P (Planned Development).. Zone, subject to con-
ditions listed in attached Exhibit "C"; and that Exhibit "H" attached hereto
is made par[ of the Raster 'Coning Flap of the CS[y of Cupertino.
Section 1. Thin; ordinance shall take effect and be in force thirty
(3U) days after its passage.
LNTRODUCED at a regular meeting of the City Council of the .City of
Cupertino this 22nd day of February _+ 1981 and L•'MACTED at a regular
meeting of the City Council of the City of Cupertino this 13eh ,day
of Fiarch .1983 by the following vote:
Veto Ftembera of_ the City Council
Ala:S: Johnson, Plurigy, Rogers, Sparks, Gatto
::oils: None
AtS51{N'C: None
AfiS'f,V N: None
.1'fTii51': APPROVED:
., n
City Clerk Mayor City of Cupe Lto
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facing a part of the t7ort}ieast 1/4 of Section 23, Township 7 South,
P.ani;c 2 47est, M.D.-. E M., and more particularly described as follows;
ieginning at an iz,on pipe standing at the intersection of the Westerly
lino of the Stelling Road and the Southerly line of the McClellan Road;
thence along said Southerly line of McClellan Road, South 89° 56' West,
228.00 feet to an iz~on pipe; thence leaving said line of said road, South
180.00 feet to an iron pipe; thence parallel to said McClellan Road North
89° 56' Ea:.t, 228.00 feet to an iron pipe in the Westerly line of Stelling,
Road; thr_nce along said :Westerly line of Stelling Road, 180.00 foet to the
Point of Beginning.
}:XCCPTIIIG 'f H1:RI:fROt1 that portion of said land described as Parcel
12-I and Parcel 12-ZI in Superior Court Eminent Domain Proceedings, Case
,~""1916G4, Santa Clara County, commenced May 5 , 1967, entitled, "City of
.:upertiro vs, John C. Hunter, et al", and ::core particularly described as
Sollows;
Parcel 12-I:
f:eLinning at the Southeastern corner of the above-referenced parcel
said corner being on the Westerly lino of Stelling Road at 40 feat in
width; and running thence along, the Southerly line of said parcel, South
83° 56' t•Ie:;t, 25.00 feet to the intersection with a line drawn parallel
to and distant 1esterly, at right angles, 45.00 feet, from the center
li;ie of Stelling Road as aforesaid; thence along said parallel line due
Borth, 139.97 feet; thence Ngrtherly, Northwesterly and'Westerly along
the arc of a curve to the lcaft, having a radius of 30.00 feet, through
an angle of 90° 04°, an arc distance of 47.16 feet to a point of tangency
on a line drawn parallel to and distant Southerly, at right angles, 30.00
p~+(eet, from the center line of 1cClellan Road, at 40 feet in width; thence
' It right angles 27orth 0° 04' West, 10.00 feet to the Southerly line of
IcClellan !toad as aforesaid; thence along last mentioned line and along
the `:ortherly line of the aforesaid parcel, North 89° 56' East, 55.04
feet to the Northeastern corner of said parcel; thence along the Easterly
line of said parcel and along the )ti'esterly line. of Stelling Road as afore-
:;aid, due South 180.00 feet to the Point of Beginning.
1'arccl 12-II:
E?c~inning at the northwestern corner of :he above-referenced parcr_1
and running thence along the Southerly line of :cClellan Road, at 40 feet
in width, t7orth 89° 56' East, 172.96 feet; thence at right angles South,
0° Via' %ast, 10.00 feet to the intersection with a line drawn parallel to
and distant Southerly, at right angles, 30.00 feet, from the center line
of 1cClellan Road as aforesaid; thence Westerly, along said parallel line,
South 89° 56' 47e:t, 172.97 feet; thence 27ortherly, along the Westerly line
of said parcel, due north, 10.00 feet to the Point of Beginning.
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PLANNING COMMISSION
CITY OF CUPERTINO
APPLICATION NO. f~ • r'-.~~''.
EXHIDIT_.~t)
PAC RESOLUTION NO.
DATE: ~~ /' n / }'.
Exhibit "C"
Ord. No. 1116
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conflict with
the special conditions enumerated herein. In the event n conflict
does exisC, the special conditions enumerated herein shall apply.
15. The approval is based upon Exhibit A of Application 16-Z-82 as may
be amended by additional conditions contained herein.
16. The Planning Development Zoning Aiatrict will allow a l land uses
consistent with the Gity of C~pertino's General Plan.