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Ordinance 1323o • ORDINANCB N0. 1323 AN ORDINANCE OF THE CITY OF CUPERTINO AMBNDINO SECTION 1 OF ORDINANCE N0. 2 BY REZONING .APPROXIMATELY .26 ACRE FROM A2-4.25 ZONE TO P ZONE; LOCATED ON THE SOUTH SIDE OF RODRIOUB3 AVENUE APPROXIMATELY 450 FT. EAST OF TORRE AVENUE WHEAEAS, on July 3, 1985, an application was filed by Lawrenoe Guy (Application 12-Z-85) Por the rezoning of property from R2-4.25 (Residential Duplex, 1 dwelling unit per 4,250 sq. ft. lot area intent) zone to P (Planned Development with Residential Single-family, 5-10 dwelling units per gross sore intent) zone; and WHEREAS, upon due notice and after one publio hearing the Planning Commission reoommended to the City Council that the Rezoning be granted; and WHERk:AS, the property to be rezoned is presently in an R2-4.25 (Residential Duplex, 1 dwelling unit per 4,250 sq. ft. lot area intent) zone; and WHEREAS, a map of the aub,jeot 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 FOLLOWSs Seotion 1. That the property deaoribed in attached Exhibit "A^ be and hereby is rezoned to a P (Planned Development with Residential Single-family, t-5 dwelling units per gross sore intent) zone, sub~eat to conditions listed in attaohed Exhibit "C"; and that Exhibit "B" attaohed hereto is made part of the Hester Zoning Map of the City of Cupertino. Seotion 2. This ordinanoe shall take effeot and be in force thirty (30) days after its passage. ORDINANCE N0. 1323 INTRODUCED at a regular meeting of the City Counoil oP the City of Cupertino this 25 day of September , 1985 and BNACTED at a regular meeting of the City Council of the City of Cupertino this l5 day of October ~ 1985 by the folloxing votes Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, .lohneon NOESs None ABSENT: None ABSTAIN: None APP ~ Ci o Cupertino ATfESTi City Clerk • __ • `~' ZDNING PLAT MAP ~'D = 2 ~CR> ~RAGT +' 5777 _. ...,.. - - - _...~ PLANNING COMMISSION CITY OF CUPERTINO APPLICATION,(~NO. ~o7~Z-8S EXHIBIT /' Ordinance No. 13zs PAC RESOIUTiON NO.~ DATE: 7 `~ 'S ~' .. s9 d ' J ~, I } T ~ ~z C 5 ~ Q J , 4 ~ ~ G ,~ m F W F ~O I ~) • i _~ a ~ GuP~KTiNO f CITY HAI...L -i~~DRIrtIE~ VILLAS- GUPERTtNO - C.4LiF•~ t_[115 PIRA A.I.A. ARCHIT~G'T ~G-~ROAOA60AFEET WID Rt'E~S~THE QUARTERTSEC11ONEL-L-~UN ING EAST~ANJ EREEK THE CENTER-Of SECTIDN 13, T• 7 5., R 2 W.~-•D.B. 6 M., A~ NEST TrROUGH FROM 1~-1ICH A W1TNE55 POST MARKED W. P. AnD STArDING IN THE SOUTH LINE OF 5A10 ROr+D GEMS SOUTH 35 LINOS ANO SAID POINT AL5O~BEING THE CUMMON CORNER FOR LANDS NOW OR FORMERLY OF DANIEL SUTHERLAND AND THE NURTHr1E5T CORNER OF 39.788 ACRE TRACT C(TNEYED TO FERDINAND BRASSY, ET AL, BY DEED (RECORDED UN EEgUMY~,ECALIFORNBA;ITHENE RUNNING EAST ANDEALBGNG THE~NT~ LIPEAOFLTME STEVENS CREEK ROAD 4.981 CHAINS TO THE NORTHWEST CORNER OF 7.1Q5~8~ ACRE TRACT CONVEYED BY FERpINAPD BRASSY TO M. L• RECORDS OF SANfARC~LARA COUNTER 21, 1905 IN BOOK 292 OF DEEDS, PAGE 267, CALIFORNIA; THENCE 50UTM PAD ALONG THE WESTERLY LINE OF SAID 7 158 ACRE TRACT 20.073 CHAINS TO THE SOUTHWEST CORNER THEREOF; THENCE H 89 DEG. 57' WEST 4.981 CHAINS TO THE SOUTHWEST CORNER OF SAID, 39.788 ARE TRACT; THENCE NORTHERLY APD ALONG THE WEST LINE ff SAID 39.788 ACRE TRACT 20.08 CHAINS TO THE PLACE OF BEGINNING AND BEING A PORTION ff THE NORTH 1/2 OF THE 5OlJTHEAST 1/4 OF SECTION 13, T• 7 SOUTH, R. 2 WEST, M.D.B.;C M. i EXCEPTING THEREFROM THAT PORTION ff PREMISES DEEDED TO THE SANTA CLARA • COUNTY FLOOD AMD WATER CONSERVATION O1$TRIT, BY DEED RECORDEDJANUARY 9, 1962 IN BOOK 5424 CIF OFFICIAL RECORDS, PAGE 500, AND hIDRE PARTICULARLY DESCRIBED AS FOLLOWS: PORTION ff THE LARDS ff TORRE AS DESCRIBED IN T1# DECREE ff DISTRIBUTION ff THE ESTATES~AICLARA COUNTY RECORDSO MDR~ART09CULARL~DESCRIBED~~• PAGE 445, FOLLOWS: THEIAFORE-'EP(TIOPE OETCREETERLME~ ~~ TI{E50UTHERLY LIPEEff SAID LA~1+DS,1N 5011TH 89 DEG. 03' 20" EAST 43.85 FEET TO THE TRUE POINT 03 820 EAST~284.90 TMEPCE CONTINUING ON SAID SOUTHERLY LINE, SOUTH 89 DEG. FEET TO THE 5O1lThEASTERLY CORNER ff SA1O LANDS; THENCE ALONG THE EASTERLY LIME ff SAID LAPP, NORTH 0 DEG. 59' EAST 20.00 FEET; THENCE PARALLEL TO A1•GDLES~NORTH 89 DEG. 03'220'0'OWE5TT20874 FEET)HThENCETHROJGHIA T/WGENi • CURVE TO THE LEFT WITH A RADIUS ff 155.00 FEET, THROUGHi A CENTRAL ANGLE ff Q9 DEG. 25' 44" FOR A DISTANCE ff 79.61 FEET TO THE TRUE POINT ff BEGINVIP-G, CONTAINING .119 ACRES ff LAPD, MORE OR LESS. S i RT !! N0. 111656 ~~iY' C / II / DESCRIPTION, CON' _ - THE BASIS OF BEARING ff THIS ( SCRIPTION IS NORTH 69 DEG. 03' 20" WEST AS r SHOWN ON THE 1/16 SECTION L! W THE MAP OF TRACT 2248. l EXCEPTING THEREFROM ALL THAT ~ TION LYING NORTHERLY AND PDRTM~IESTERLY OF THE SOUTHERLY APD SOUTHEASTERLY LINE ff RODRIGUES AVENUE A5 SAlD AVENUE 15 DESCRIBED IN 'GRANT ff EASEMEM", EXEGJTEDECORpp~Ep'~MAYA4TO1971 , IN,.BOOKT9316 ,. CITY OF CUPERTJNO, DATErD APRIt~.15i.1971, , ~ „ .-"` ORDINANCB NO. 1323 CONDITIONS: 1-15. STANDARD CONDITIONS Standard Conditions to the extant that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the apeoial nonditiona as enumerated herein shall apply. 16. APPROVBD EXHIBITS The the recommendation of approval is based on Exhibit A of Application 12-Z-85 except as may be amended by apeoial conditions enumerated herein. 17. SETBAC[G4 Setbacks shall be per the site configuration approved in con~unotion with Application 26-U-85 or subsequent use permit amendments approved by the City of Cupertino. 18. ALLOMED USES Allowed uses include single-family detached residential dwelling units and other uses as allowed by the City of Cupertino's R1 Single-family Zoning District. Uses which require use permit approval in the single-family zoning district shall sieo require use permit approval in the aub~ect Planned Development zoning district.