Ordinance 800 , ~
~ ORDINANCE N0. 80U ~
pN ORDINANCE OF TlIE CITY OF CUPERTINO AMENDING SECTION 1
~ OF ORDINANCE N0. 2 BY REZONING APPROXIMATELY .45 ACRES
FROM R1-10 ZONE AND R1-l0ag ZONE TO RL-7.5 ZONE; LOCATED
ADJACENT TO AND EASTERLY OF STELLING ROAD APPROXIMATELY
600 FT. NORTHERLY OF THE INTERSECTION OF McCLELLAN ROAD
AND STELLING ROAD - 10370 STELLING ROAD
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES QRDAIN AS FOLLOWS:
' WHEREAS, on March 18, 1917, an application was filed by Hiram A• Sibley
(Application 8-Z-77) for the rezoning of property from R1-10 (Reaidential,
single-family, 10,000 sq. ft. per dwelling unit) Zone and R1-l0ag (Residential,
aingle-family, 10,000 eq. ft. per dwelling unit) Zone to R1-7.5 (Reaidential,
single-family, 7,500 sq• ft. per dwelling unit) Zone; and
WHEREAS, upon due notice and after one public hearing the Planning Com-
mission recommended to [he City Council that the Rezoning be granted; and
WFiEREAS, the property to be rezoned is presently in an R1-10 (Reaiden-
tial, single-family, 10,000 aq. ft. per dwelliag unit) Zone and in an R1-l0ag
(Residential, aingle-family, 10,000 aq. ft. per dvelling unit) Zone; and
WHEREAS, a map of the subject property ia attached hereto as Exhibit
"A" as a proposed maendment to the Master Zoning Map of the City of Cuper-
tino;
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. Tha[ the following deacribed property be and hereby ie re-
zoned to an R1-7.5 (Residential, single-family. 7,500 sq. ft. per dwelling
unit) Zone, aubject to conditiona set forth in Planning Coa~iasion Reaolu[ion
No. 1676, a[tached hereto as Exhibit ~~of the Citt ofhCuiertino8ttached hereto
ia made par[ of the Master Zoning Map Y P
All that certain real property eituate in the C~oximatelper45no,
County o~f Santa Clara. State of California, app Y ~
acres, located adjacent to and easterly of Stelling Road approxi- ~
mately 600 f[. northerly of the intersection ~f McClellan Road i
and Stelling Road - 10370 Stelling Road, more fully described
in attached Exhibits "A" and '~8~~•
Section 2. This ordinance shall take effect and be in force thirty (30)
days after ita passage.
INTRODUCED at a zegular meeting of the City Councll of the City of Cuper-
~ tino this 2nd day of Mav , 1977, and ENACTED at a regular meeting
of the City Council of the City of Cupertino this ,j~tdBY of Mav , 1977,
. by [he following vo[e:
Vote Members of the City Council
AYES: Jackson, Meyers, Nellis, 0'Keefe, Frolich
NOES: None
ABSENT: None
pBSTAIN: None
~ A1'TEST: APPROVED:
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C1[y Cle ltayor, Ci[y of Cupertino
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I berebY cerEifp that th~ Cit of ~
attached hereto ie Y a+ParCino Ordiaaace No. Q~
a true aad corract coPq of said Ordinance which hae
be~n publiahad or poated pursuaat to law. ~
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Wm. E. Ryd '
City Cler ;
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Exnibit "A"
Ord . l~o . 800
All that certaln real proper[y situate in the City of Cupertino, County of
Snntn Clara, State of California, deacribed as folloWS:
PARCEL ONE:
BEGINNING at a point in the Easterly line of Stelling Road, diatant thereon
North 616 feet from the point of intersection of esid Easterly line of Stelling
Road with the Northerly line of McClellan Road, said point of intersection
also being the Southveaterly corner of Section 13. Township 7 South, Range
2 West, M.D.B. b M; running thence 'rlorth and along [lie Eaeterly line of
Stelling Road, Sii feet; thence running North 39~58' East and parallel with the
Nortt~erly line of licClellan Road, 247.50 feet; thence running South and parallel
vith tue Easterly line of Stelling Road 88 feet; tl~ence running South 89058'
Wes[ and parallel with the Northerly line of HcClellan Road, 247.50 feet to
tne point of beginning. •
CONTAIiiIh'G approximately 0.50 of an acre, and being a portion of the South-
west 1/4 of Section 13, Townahip 7 South. Range 2 West. H.D.B. & M.
E7+CEPTING TkiEREFROli all thut portion thereof, described in that certain
Final Judgment of Condemnation in favor of the City of Cupertino. a certified
copy of which ~:as recorded on July 18, 1967 in Book 7789 of Official Records,
page 11, described ae follows:
Being a strip of Iand twenty-five (25) feet in width, measured at right
angles, a poztion of that certain parcel of land described in the Deed to Chev,
recorded in Book 7122 of Official Records of Santa Clara County, at page
215, et seq., more particularly described as follows:
BEGINNING at tl~e interaection of the Soutaerly line of the above-zeferenced
parcel vith tl~e Easterly line of Stelling Road at 40 feet in width and running
thence along last-mentioned line due North 88.00 feet; thence North 89°58'
East 25.00 feet to [he intersection vith the line drat+n parallel to and diatant
Easterly at rigiit anglea 45.00 feet from the centerline of Stelling Road as
aforesaid; thence along last-mentioned line due South 88.OU feet; thence South
89~58' West 25.00 feet to the point of beginaing.
PARCEL TWO:
AN EASEl~NT appurtenant to and for the benefit of the above deacribed 0.50
acre tract, for tne installation and maintenance of pipelines over a etrip
of land 10 feet in width, the Easterly line of which ia deacribed as followe: •
BEGIAR7ING at ti~e Southeasterly corner of the 0.50 acre tract above deacribed;
running thence South and parallel vith the Southeasterly line of Stelling
Roac; 616 feet to the Aortherly line of McClellan Road.
Commonly known as 10370 Stelling Road, Cupertino. CA 95014.
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RESULUTION N0. 1676
OF TtiE PLANNING W2~PfI~ON OP THE CITY OF CUPERTINO ~ '
~ RECOt4tENDING DENlAI. OF A REQUEST TO REZONE APPROXIMATELY
.4S ACRES FROM R1-10 (RESZDENTIAI., SINGLE-FAMILY, 10,000
SQ. FT. PER D4IELLINC UNIT) AND R1-l0ag (RESIDENTIAL,
~ SINGLE-FAMILY, 10,000 SQ. Ff. PER DWELLZNG UNITj T0 ,
R1-7.5 {RESIDF~ITIAI., SINGLE-FAMILY. 7,500 SQ. FT. PER
DWELLING UNIT). '
APPLICANT: S1snm•-A. $3bley , . _ ,25.;
ADDRESS: 6724 Dartmcor ilay~ Snn Jose, Califoraia ..951Z9~
SUBPIITTED: March 18. 1977 :
LOCATION: Adjaceat to and ensterly of Stelling Road approximhtaly 600'ft.
northerly of the ineersectioa.of HcClellan Rosd-:and Stelling
. Rnad - 1a370 Stelliag Road
ACREAGE: .45 acree
FURTtiER FINDINGS : None ' ,
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PASSED AND ADOPYBD thi• 11th daq of Apsi1, 1977~~st a regular meating of the
Planning`Cosrmistion ot the~Cttp•of Cupartiao~ SEate of CaliEornia. bq the
follwing roll call vote: .
AygS; Commisaioness Blaine, Catto,:ICoaaitr.et, liarkkuls? Chairman Adams
NAYS: None
ABSTAIN: Rone
ABSENT: None
, . APPROVED: ~
f
. /8/ Victor J. Adams
~/ictor J. Adams, Chaitman
Planniag Commiasion
ATTEST:
Robert Covaa '
Assiscant Planning Director
p~ i~
-2- ,~xh ~ f~~ f
•I T Y 0 r C U P E R T I~ 0
City Hall, 10300 Torre Avenue
Cupertino, California 95014 ,
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING THE GRANTING OF A ZONE CHANGE
WHEREAS The attached app,lication has been-submitted to:the
City of Cupertino ~requesCing a change of zone in the zoning:
regulations of the City, as stated on Page 2, and .
WHEREAS The Pianning Commission has held at least one public
' hearing in regard to the application on the date as noted on
said application; and
WNEREAS The Planning Commission has duly considered and heard
all evidence submitted in regard to said application;-and
WHEREAS the neces5ary pu6lic notices have been given as re-
quired by the zoning ordinance of the City of Cupertino.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Planning Cortmission finds that the proposed
zone change does not meet all of the following require-
ments:
a. Encourage the most appropriate use of land,
b. Conserve and stabilize the value of property,
"C.' `Provide for adequate open spaces for light.end
air,
'~='d: ' Pe`rnii'~` adequate controi of fi res,
e. Promote the health, safety and public welfare.
f. Provide for the orderly development of the Cify;
g. Be advantageous to the property and improvements
in the zoning district and neighborhood in which
the property is located.
(Continued on Page 2)
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