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Ordinance 1258 ORDINANCE N0. 1258 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1 OF ORDINANCE N0. 2 BY REZONING APPROXIMATELY 4.8 GROSS ACRES FRON CG ZONE TO P ZONE, LOCATED ON THE EAST SIDE OF SOUTH DE ANZA BOULEVARD APPROXIMATELY 350 FT. NORTH OF 80LLINCER ROAD AND 125 FT. SOUTH OF SILVERADO AVENUE THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLONS: WHEREAS, on November 30, tg83~ an application was tiled by the Edwin J. Hyers (Allan G. Byer), (Application 11-Z-83) for the rezoning of property from CG (General Commercial) Zone to P (Planned Development Zone); and NHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the Clty Council that the Rezoning be granted; and WHEREAS, the property to be rezoned !s presently in a 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 Cupertino. NOW. THEREFORE. BE IT ORDAINED AS FOLLOWS: Section t. That the property described in attached Exhibit "A" be and hereby is rezoned to a P (Planned Development) 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. -1- INTRODUCED at a regular meeting of the City. Council of the City of Cupertino this 6th day of February, 1984 and ENACTED at a regular meeting of the City Council of the City of Cupertino this 21st day of February . 1984 by Lhe following voter Yote Members of the City Counoil AYESS Gatto, Johnson, Rogers, Sparks. Plungy NOES: None ABSENT; None ABSTAIN; None APPROYEDn <r, ity o Cups ATTESTS City Clerk Deputy _2_ LEGAL DESCRIPTION • • ALL T^:AT CERTAIti F.EAL PF;OPERTY SITUATE I1J THE CITY OF CUPERTINO, COUIJTY OF SAtiTA CLARA, STATE OF CALIFORIJIA, DESCRIBED AS FOLL4h'S: . CCMh1EJCIIJG AT A GRAIJITE t40iiUMEIJT AT THE INTERSECTION OF DE AIJZA BLVD.,(FORMERLY SAr',~1TOGA - SUJJtJYVALE ROAD) AIJD BOLLIIJGER ROAD AS FOUtJD AIJD DELINEATED ON THAT C~RTAIt1 MAP OF TRACT NUMBER 2551 WHICH IS FILED IN BOOR 115 OF MAPS AT PAGE 28, SAtiTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE CENTERLINE OF DE ANZA BLVD. N. 00°03'00" E., 310.00 FEET; THENCE LEAVING SAID CENTERLINE S. 89°57'00" E. ,60.00 FEET TO A POINT I,~JICH ZS THE SOUTHWEST CORJJER OF PARCEL "A" AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 242 OF MAPS AT PAGE 16. SANTA CLARA COUNTY RECORDS, SAID POINT BEING THE POINT OF PEGI1Jt77NG; THE7JCE FROM SAID POINT OF BEGINNING ALOtJG THE EASTERLY RIGHT OF WAY LINE OF DE ANZA BLVD. ( 120' WIDE) N. 00 p3t00" E., 533.95 FEETS THEIJCE LEAVING SAID EASTERLY RIGHT OF WAY LINE S. 89°55+03" E., 390.00 FEET TO A POINT WHICH IS THE NORTHWEST CORNER OF TRACT NUMBER 3806 AS SHOWN A1JD DELINEATED ON THAT CERTAIN TRACT MAP FILED IN BOOR 187 AT PAGE 40, SANTA CLARA COUNTY RECORDS; THEIJCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3806 S. 00°03'00" W., 339.16 FEET TO A POItiT WHICH IS THE SOUTHWEST CORNER OF SAID TRACT 3806; THENCE LEAV~HG S.'.ID bASTERLY BOUNDARY OF TRACT 3806 ALOIIC A RADIAL BEARIIJG OF S. 15 53' 03" E., THROUGH A CURVE ~Ct THE LEFT WITH A RADIUS OF 177.50 FEET, SUBTENDING A CENTRAL ANGLE OF 17 05'13" FOR AN ARC LENGTH OF 52.93 FEET; THENCE S. 89°20'58" W., 52.01 FEET TO .THE NORTHEAST CORNER OF PARCEL "C" AS SHOWN ON SAID RECORD OF SURVEY; THE2iCE ALONG THE EASTERLY LINE OF SAID PARCEL "C" S. 00°03'00" W., 309.08 FEET: THEICE AL01JG THE SOUTHERLY LIME OF SAID PARCEL "C" N. 89°57'00"W., 90.00 FEET; THENCE N. 00°03'00" E., 105.00 FEET; , THENCE N. 89°5T 00" W., 200.00 FEET; THENCE N. 00°03'00" E., 32.00 FEET; TO T'dE POINT OF BEGINNING. CONTAINING 4.7998 ACRES MORE OR LESS. "E~H~~lT A„ EDWIN J. MYERS, ARCHITECT 10501 •Ol1TH n, ~•+tILfVAA °, •YIT^ t0• . CUPERTINC~ c. ' ~ 95014 ~~~NU ~~z M~~ SIWE.RaGY~ Q ~ZaN ~ Qt Bo Ar,. ~ ~I FRoN+ cv ~ To p D n1 fl N i PLANNING COMMISSION j CITY OF CUPERTINO i - APPLICATION t20.1-s~-- ,~ I EXHIBIT ~~NCj~ ~ PIC RESOLUTION f,10. ~--- DATE: 11 -~- s~~~Er~~~~~ ~„ DC ~N ~7 J~ F-71 i(-7 /` ~~C I EDWIN J. MYERS, ARCHITECT C~ I . L-r t~V~L./-'~ 10601 SOUTN {I1tIfT06f~SVNNYV~I[ RO, fUIT[ 10'J G(J ~1Z~ ~ ELI I°bRi-11.4 D A T E C U P E R T I N O. C A L I F O R N I A X 5 0 1 4 Ezhlbit "C" OflDINANCE N0. 1258 CONDITIONSs 1-14. Standard Conditions to the extent that they do not eonfllct with the special oonditions enumerated herein. In the event a oonfliot does exiat~ the speoiel conditions as enumerated herein shall apply. 15. 'It~e approval is based upon Exhibit A of Application it-Z-83 as may be amended by additional conditions contained herein. 16. Permitted uses may include all uses allowed within Lhe General Commercial zoning district without Lhe securing of a use permit. All uses requiring a use permit in the CG zone (including fast-food reste:•rants) shall require use permit review within the subject Planned Development district.