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Ordinance 1269 ORDINANCE N0. 1269 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION i OF ORDINANCE N0. 2 BY REZONING APPAOXIMATELY .68 GROSS ACRE FROM CG ZONE TO P ZONE; LOCATED ON THE 30UTH 31DE OF SILVERADO AVENUE APPROXIMATELY 140 FT. EAST OF DE ANZA BOULEVARD NHEREAS, on March 2, 1984, an application xas filed by Laxrenoe Guy (Application 2-Z-84) for the rezoning of property from CO (General Commeroial) Zone to P (Planned Development) Zone; and NHEREAS, 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 CO (General Commercial) Zone; and HHEREAS, 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. N01i, THEREFORE, BE 1? ORDAINED AS FOLLOSIS: Seotion 1. That the property described in attached Exhibit "A" be and hereby is rezoned to a P (Planned Development) Zone, aub~eet to the conditions listed in attached Exhibit "C"; and that Exhibit "B" attached hereto is made part oP the Master Zoning Map of the City of Cupertino. Seotion 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 Lhis 21st day of May 1984 and ENACTED at a regular meeting of the City Council of the City of Cupertino this 4th day of June , 1984 by the following vote: Vote Members of the CiLY Council AYES: Catto, Johnson, Rogers, Sparks, Plungy NOES: None ABSENT: None ABSTAINS None ATTESTS ~ APPROVED: City Clerk or, ty of Cup -i'Tr t'~ ~~ R\ ~,_c } • ~a'~ Exhibit "A" JiAL PROPERTY situated in the City of Cupertino, County of Santa Clara, State of California, described as follows: EEGIA't:ING at a polsst in the Easterly line of Saratoga-Sunnyvale Road (60 feet vide) distant thereon S. 0° 58' 30" W. 310.00 feet from the intersection of said line with the Northerly line of Section 24, T. 7S., R. 2 W., M.D.B.6 M., the same point being the Southwesterly corner of that certain parcel of land described ist the Deed from James Aveni, et ux, to Peninsula Title Guaranty Campany, a California corporation, dated January 2, 1953, recorded April 30, 1953 in the office of the Recorder of the County of Santa Clara, State of California in Book 2633 of Official Records, Page 189; thence along the Southerly line of said parcel of land above referred to S. 89' 00' E. 322.86 feet to the Southwesterly corner of Lot 6 of Tract No. 1100, Silver Manor, a Map of which was filed for record in the office of the Recorder of the County of Santa Clara, State of California an November 17, 1953 in Book 46 of Maps, Page 30; thence along the Westerly line of said Lot 6, N. 1° 00' E. 127.00 fPPr to e mint in the Southerly line of Silverado Avenue; thence along the South line of said Silverado Avenue N. 89° 00' W. 272.90 feet to a point of curve in said line; :hence Southwesterly on a curve to the left tangent to the last described line, with a radius of 50 feet, through an angle of 90° 0' 30" an arc length of 78.56 feet to a point in said Easterly line of Saratoga-Sunnyvale Road; thence along the Easterly line of said Road S. 0° 58' 30" W. 76.98 feet to the point of Beginning and being a portion of the Northeasterly 1/4 Section 24, T. 7 S., R. 2 W.. M.D.B. b B. EXCEPTING THEREFROM so much of the above described property ae is described in the Deed from Silver Investment Company to the State of California, dated January 17, 1956, recorded February. 28, 1956 in the office of the Recorder of the County of Santa Clara, State of California in Block 3424 of Official Records, Page 403 and excepting so much of the above described property as is described in+the Deed from James. V. Aveni, et six. dated January 10, 1956, recorded March 5, 1956 is the office of ttse Recorder of the County of Santa Clara, State of California in Book 3430 of Official Records, Page 106. ~1EXCEPTING THEREFROM the follovaing: .iEGINNING at a point in the Easterly line of Saratoga-Sunnyvale Road (60 feet wade) distant thereon South 0° 58' 30" Weat, 310.00 feet from the intersection of r;aid line with the Northerly line of Section 24, T. 7 S., R. 2 W., H.D.B. b M., the same point being the Southwesterly corner of that certain parcel of land described Sn the Deed from James Aveni, et ux, to Peninsula Title Guaranty Company, a California corporation, dated January 2, 1953, recorded April 30, 1953 in the office of the Recorder of the County of Santa Clara, State of California, in Book 2633 of Official Records, Page 189; thence along the Southerly line of said parcel of land above referred to South 89° 00' East, 170.00 feet; thence parallel with said Easterly line of Saratoga-Sunnyvale Road, North 0° 58' 30" East. 127.00 feet to a point 1n the Southerly line of Silverado Avenue as said Avenue is shown upon that certain Map entitled, "Tract No. 1100. Silver Manor", which Map vas filed for record in the office of the Recorder of the County of Santa Clara, State of California. on November 17, 1953 in Book 46 of Maps, page 30; thence along said Southerly line of Silverado Avenue, North 89° 00' West, 119.98 feet to a point of curve in said line; thence Southwesterly on a curve to the left tangent to last described line, with a radius of 50 feet, through an angle of 90' Ol' 30" an arc length of 78.56 feet to a point in .said Easterly line of Saratoga-Sunnyvale Road; thence along the Easterly line of said Road, South 0' 58'30" Weat, 76.98 feet to the point of beginning and being a portion of the Northeast one quarter o€ Section 24, T. 7 S., R. 2 W., M.U.B. b M. 'i iq~ " t. _ _ -. ^ I~ ~~ Order No: 97 `~ ~- Page: 3 LEGAL DESCRIPTI0t7 Rnal property situated in the City of Cupertino, County of Santa Clara, State of California, described ae folloxss Lot 6 as ahCxn on the Map entitled, "Tract No. 1100 Silver Manor", being a portion of the Northeast 1/4 of Section 24, Toxnship 7, South Range 2 bleat, M.D.B. d M.", recorded November 17, 1953 in Book 46 of Maps, at page 30, Santa Clara County Records. EXCEPTIIiG THEREFROh the underground water, ea granted in the Deed from Silver Investment Company, a corporation, to San Jose Water Works. e California corporation, dated January 20, 1954 recorded January 20, 1954 in Book 2798 of Official Records, page 377. A.P. No: 369-38-004 ~'' 1 . i PLANNING COQ MJI ISSION ~"'~ CITY OF CL;~cRTlidO i, APPLICATION NO. ~~~ ~ ~~~r , EXHIBIT- _ _ PAC RESOLUTION NO F' ~~ III LATE: ~- P i RPDo AvE 3 ~ - t I ~ i ~~ I ' '1'-' 2'51 ~ '. ~ a 7 ~u a- u~ ~ . U O o ~~ Q ~ ~T ~~N i ~ o zoNlrJr' c~~+~cc~ PRa~I c.~ -~ i'o ~ I N NoRrN ~ ~T f~l 3 " Z ~ aQ- 8X11IBIT "C" ORDINANCE NO. 1269 CONDITIONS OF APPROVAL 1-14. Standard Conditions Standard Conditions to the extent that they do not conflict with the special conditions contained herein. In the event a conflict does exist, the special conditions as enumerated he rain shall apply. 15. Approved Ueea The uses may include generat, administrative, industrial administrative offices but shall specifically preclude ' manufacturing us ea. All new uses or change in use vhieh are not reflective of the office uses specified above shall require use permit review as determined by the Director of Planning. Prototype research and development activity is permissible if conducted in consort with office functions of a business. establishment. Prototype. "R and D" activity shall be regulated in accordance with guidelines specified in the General Plan. 16. Reciprocal Ingress/Egress The applicant shall record a covenant agreeing to enter into reciprocal ingress/egress easements with the adjoining commercial center to the south across the parking area on Site B. The City has a similar agreement placed on the approval of an application on Che adjoining center. Installation of the ingress/egress driveway shall not take place unless and until Silverado Avenue is closed off at the southerly property line of the subject property, thereby separating the residential area from intrusion by co®ercial traffic. tintr~~~~~ ~ll ~~~ ~1L d