Ordinance 1242
ORDIUA!tCE U0. 1292
AN ORDINANCE OE THE CITY OF CUPERTINO AMENDING
SECTION 1 OF ORDINANCE tt0. 2 BY REZONING
APPROXIMATELY 7.0 ACRES, CONTAINING AN EXISTING
123 UNIT APARTMENT COMPLEX, FROM R3 ZONE TO P ZONE;
LOCATED ON THE SOUTHEAST .CORNER OF MILLER
AVENUE AND CALABAZAS CREEK APPROXIMATELY 1/4 MILE
SOUTH OF STEVENS CREEK BOULEVARD (AT 10200
MILLER AVENUE}
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
WttEREAS, on September 1, 1983, an application was filed -
by Jimmy Fox (Jerome 6 Helen Hess) for the rezoning of
property from R3 (ttultiple Family Residential) Zone to P
(Planned Development with Multiple Family Residential
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
WttEREAS, the property to be rezoned is presently in an
R3 (Multiple Family Residential) 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 described in attached
Exhibit "A" be and hereby is rezoned to a P (Planned
Development with ttultiple Family Residential 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.
• ~RDLNAfICE N0. 1142
..i'
INTRODUCED at a regular meeting of the City Council of the City of
Cupertino this 31st day of October, 1983 and ENACTED at a regular meeting
of the City Council of the City of Cupertino this 7th day of November, 1983
by the following vote:
Vote Members of the City Council
AYES: Catto, Jahnaon, Rogers, Sparks, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
. APPROVED:
r, y of Cupert
ATTEST:
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City Clerk
9-Z-83
. 30-U-83
LEGAL DESCRIPTION
OEGI•"•`~I'.~ aT A.'J IRO!J PIPE AT THE SOUTHEASTERLY CORN°_R C~- TH:.T CERTAIN
PARCEL OF LAND OESCRTBED A5 PARCEL 1 CONVEYED BY FRANCES KING TO HYMAN
WE15EL, ET UX, Ala SiGMUND LIPSCHUTZ 8Y GEED RECORDED JUNE 29, 1962 IN BOOK
5630 OF OFFICIAL RECORDS, PAGE 149, SANTA CLARA COUNTY RECORDS; THENCE FROM
SAID POINT OF BEGINNING ALONG THE SOUTHERLY LINE OF SAiD PARCEL 1, SOUTH 89
DEG. 30' 00" WEST 498.41 FEET; THENCE LEAVING SAID SOUTHERLY l[NE NORTH 24
DEG. 05' 29" WEST 199.43 FEET; THENCE ALONG AN ARC OF A TANGENT CURVE TO
THE RIGHT, WITH A RADIUS OF 705.00 FEET, THROUGH A CENTRAL ANGLE OF 6 DEG.
39' 48", AN ARC DISTANCE OF 81.99 FEET THENCE NORTH 35 DEG. OS' 00" EAST
82.45 FEET; THENCE ALONG AN ARC bF A TAt~ENT CURVE TO THE RIGHT WITH A
RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 15 DEG. 35' 22", AN ARC
DISTANCE OF 108.84 FEET; THENCE TAt~ENT TO THE PRECEDING CURVE, NORTH 50
DEG. 40' 22" EAST 62.52 FEET; THENCE ALONG AN ARC QF A TANGENT CURVE TO THE
~' LEFT WITH A RADIUS OF 550.00 FEET, THROUGH A CENTRAL ANGLE OF 29 DEG. 50'
19", AN ARC DISTANCE Cf 286.43 FEET TO A POINT IN THE SOUTHERLY LINE OF LOT
11, AS SA(D LOT IS SHOWN UPON THAT CERTAIN MAP ENTITLED, TRACT NJ. 1181
YEELAAD HEIGHTS", WHICH MAP WAS FILED FOR RECORD IN BOOK 95 OF MAPS, AT
PAbES 38 ANJ 39, SAMA CLARA COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY
LINE NORTH 89 DEG. 30' 00" EAST 132.29 FEET TO THE SOUTHEASTERLY CORNER CF
SAID LOT 11 IN THE WESTERLY LINE OF CRAFT DRIVE, AS SAID DRIVE I5 SFKhIN
UPON THE AFORESAID MAP; THENCE SOUTHEASTERLY ALONG AN ARC OF A CURVE TO THE
LEFT FRCZ"1 A TAJJGENT WHICH BEARS SOUTH 0 DEG. 30' 00" EAST, WITH A RADIUS OF
40.00 FEET, THROUGH A CENTRAL ANGLE OF 138 DEG. 11' 24", AN ARC DISTANCE OF
TO THEFRIGHTO WiTHIA RADIUS OFR520`00VFEETE~TM20UGH A CENTTRAL ANGLEFOF 48 ~
DEG. 11' 24" AN ARC DISTANCE OF 16.82 FEET TO A POINT BEING OI~TANT 20.00
FEET SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LiNE OF THE
AFURESAID TRACT NO'. 1181; THENCE TANGENT TO THE PRECEDING CURVE AND RUNNING
PARALLEL WITH !Na DISTANT 20.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES,
FROM SA10 SUTHERLY LINE NORTH 89 DEG. 30' 00" EAST 15.32 FEET TO A POINT iN
THE EASTERLY LINE OF THE AFORESAID PARCEL 1; THENCE ALONG SAiD EASTERLY
LiNE, THE FULLOWING~THREE COURSES AAD DISTANCES: SOUTH 0 DEG. 30' 00" EAST
280.00 FEET, NORTH 89 DEG. 30'.00" EAST 35.60 FEET ANJ SDUTH 0 DEG. 30' 00"
EAST 313.13 FEET TO THE IRON PIPE AT THE P(;INT OF BEGINNING.
OEING A PORTiCN OF THE AFORESAID PARCEL 1 APD ALL OF PARCEL 3, AS SAID
PARCEL 3 iS DESCRIBED iN THE AFORESAID DEED TO WE15EL AND LIPSCHUfS.
EXCEPTING THREFRCriI THE UNDERGROUND WATER, RIGHTS WITH NO RIGHT OF SURFACE
ENTRY, A5 CONVEYED TO CALIFORNIA WATER SERVICE COMPANY, A CALIFORNIA
CORPORATION, BY INSTRUMENT RECORDED MAY 2, 1963 iN BOOK 6009 OF OFFICIAL
RECORDS, PAGE 102.
APN: 375-03-005 ~'~~~~~~~ ~~~
AR B: 316-61-005
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Ordinance No. 1242
CONDITIOGS:
1-14. Standard Conditions to the extent that they do not
conflict with the special conditions enumerated
herein. In the event a conflict does exit, the
special conditions as enumerated herein shall apply.
15. The approval is based upon Exhibit A of Application
9-Z-83 as may be amended by additional conditions
contained herein.
16. The approval is granted to allow rental housing
units. Uses shall be consistent with the uses
permitted in the R3 Zoning District. Procedures of
the Planned Development Zone shall be followed for
any expansion or modification of use.
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