Ordinance 950 ~ ~
ORDL`tANCE N0. 950
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1
~ OF ORDINANCE N0. 2 BY REZONI:~G APPROXIMATELY 3.8 G~ZOSS
ACRES FROM P ZONE TO P"ZOIi~; LOC.ITED ON THE 50UTHW£ST
CORNER OF :TOflTH DE ANZA BOULEVARD AND LAZANEO DRIVE
THE CITY COUNGIL OF THE CITY OF CUPERTL`IO DOES ORDALy AS FOLLOWS:
WHFREAS, on June 8, 1979, aa applicatioa wae filed by Hymel-Hathaway
(Application 12-Z-79) for the rezoning of property from P(Planaed Development
with general commercial, light industrial aad residential (L-LO dwelliag units
per acre) intent) to P(Planned Development With residential cluster intent); and
I t7~ERFAS, upon due notice and after one public hearing the Planning Com-
mission reco~ended to the City Couacil thac the Rezoning be granced; and
WFIEREaS, the property to be rezoned is preseatly in a P(Planned Develop-
ment with general co~ercial, lighc induatrial aad residantial (4-10 dvelliag
uaits per acre) intent) zone; and
I.~IItEAS, a map of the subject proparty is actached hereto as Exhibit
"B" as a proposed amendment to the :Saster Zoning Map of the City of Cupertino.
NO41, THEREFORE, DE ZT ORDAINED AS FOLLOWS:
Section 1. That the property described in attached Exhibit "a" be and
hereby is rezoned to a P(Planned Developmenc vith residential cluster intent)
zone, subject to conditiona listed in attached Exhibit "C"; and that Eshibit
"B" attached hereto is made a part of the :Saster 2oning Map of the City of
Cupertiao.
Section 2. This ordinance shall take effect and be ia force thirty (30)
days after its passage.
I.`tTRODUCED at a regular meeting of the Citq Council of the City of Cuper-
ciao thts day oE °,~,.er , 1979 and E2iACTED at a regular meeting oE
the City Council of the City of Cupertino this 2lstdaq of AuQust , 1419,
by che following vote: °
Jote Members of the Citq Council
aYES: Jackson, 0'Keefe, Rogers, Sparks, Meyers
~OES: Noae
.~BSEiiT : :1one
.13STAIN: pa1e
a~TEST: APPROVED:
,%~~t~ / ~ _1~L_.~
City Cler ~ :iayor, CSty of Cupe ino
~ - SJ 1-7146
• Ek."~?IBIT "A" •
All tha[ certain real property sl:uate~ in Che C1ty of Cupertino, Coun[y of Santa Clara,
State of California, described as follovs:
, P~CEL ONE:
Cor~mencing at a granite monument set for the center of Section 13. Tovnship 7 South.
Range 2 West, M.D.B. 6 M., aiso being the point of intersection of the original center
line of Stevens Creek Road vith the center line of the Sunnyvale-Saratoga Road;
thence along the center line of Sunnyvale-Saratoga Road, North 0° 04' East 20.22 .
cka~ns to [he Northeasterly corner of that certain parcel of land described in the Deed
from Ancor. Zankich, et ux, to Ja~es Banich. et ux, dated July 1. 1953 and recorded
October 19, 1953 in Book 2742 of Official Records, at page 86;
• thence along the Northerly line of aaid pazcel of land so described in the Deed to
Banich, North 84° 56' West 140.00 feet to the Northvesterly corner thareof, vhieh is
also che true point of beginning of the parcel of land to be described;
thence along the Northerly line of that certain parcel of land conveyed by Ar~ton
Zankich, et ux, to Rosario Giuffrida. et ux, by Deed dated July 21, 1949 and recorded
July 22, 1949 in Book 1821 of Official Recorda, at page 424, North 89° 56' West 493.006
f~~t to the Northvescerly corner thereof;
chence along the Westerly line of said parcel of land so conveyed to Ciuffrida,
Souch 0° 04' West 344.058 feet to the Southvesterly corner thereof;
thence along the Southerly liae of said parcel of land so conveyed to Giuffrida,
South 89° 56' East 601.436 feet :o the Southwesterly corner of that certain parcel of
land conveyed by Rosario Giuffrida. et ux, to State of California, by Deed dated
October 25, 1955 and recorded December 5, 1955 in Book 3351 of Official Records. page
3~3;
tt;ence along the Nesterly line of said parcel of land so conveyed to che Scate of
California, North 2° 09' 14" East 38.32 feet and North 0' 11' S0" West 168.34 feet co
the Northvesterly eorner thereof on the Southerly line of said parcel of land so
conveyed to Banich~ thence along the said Southerly line. North 89° 56' West 110.00
feec co che Southvesterly corner thereof; '
thence along the Westerly line of said pareel of land so conveyed to Banich, North
0° 04' East 138.10 feet to the true point of beginning and being a portion of the North-
vesterly 1/4 of Section 13, Township_7 South. Range 2 Sdest. M.D.B. 6 H.
'EYTING 'THEREFROM the interest as dedicated by Don 0. Bandley, et al, to City of
c~pertino, by instrument dated January 9, 1962 and recorded January 25, 1962 in IIook
5444 af Official Recorda, page 695, in and to the folloving described parcel of land:
BECI~':7ING at the intersection of the West line of Sazatoga-Sunnyvale Road (60.00 feet
vide) and the Northerlq line of that certain parcel of land described in deed from
Rosario Giuffrida, et ux, to Don O. Bandley, et al, dated May 23, 1961 and recorded
May. 24, 1961 in Book 5176 of Official Records, ia the office of the Recorder, County
of Santa Clara. State of California, at page 517;
thence Westerly along said Northerlq line 10.00 feet;
thence Southerly along a line parallel to and 40.00 feet distant, measured ai right
angles, from the centerline of Saratoga-Sunn}rvale Road (60.00 feet vide) 206.64 feet to
the Southerly line of the aforesaid parcel;
thence Easterly along said Southerly line 8.43 feet to an Easteriy line of the
aforesaid parcel;
thence Norchezly along said Easterly line 38.32 feet to the West line of Saratoga-
Sunnyvale Road (60.00 feet vide);
thenee Northerly along West line of said Road 168.34 feet to the point of beginning.
VSI~'1~~c~~~-~~ ~
• ~ ~1-i146
IBIT "A"
• Page 2
PARCEL ONE (Continued) . '
ALSO EXC~TING T}iEREFROM the interest as dedicated to the City of Cupertino by instzument
recorded January 22, 1973 in Book 0204 of Official Records, page 495, described as
follows:
(A) BEGINNING at the most Northeasterly corner of Parcel No. 12, as said Parcel is
shown on the Record of Survey recorded ia Book 307 of Maps, at page 29, Santa Clara
Cpunty Records;
thence along the Easterly line of said parcel, ueing the Westerly line of Saratoga-
Sunnyvale Road, as shovn on said Map, South 0' OS' 29" East 206.10 feet;
• thence leaving said Westerly line~ along the Southerly line of said parcel. South
89° 55' 03" West 20.00 feet;
thence leaving said Southerly line. along a line that is parallel vith and 20.00
feec Westerly, measured at sight angles from said Nescerly line of Saratoga-Sunnyvale
Road, North 0° OS' 29" Nest 206.12 feet to a point in the Northerly line of said parcel;
thence along said Northerly line North 89° 58' S6" Easc 20.00 feet to che Point of
BPqinning.
I(B) BEGINNING at the most Southwesterly corner of Parcel No. 12, as said parcel is
shoom on che Record of Survey recorded in Book 307 of Maps. at page 29, Santa Clara
County Records;
. thence along the Westerly line of said parcel. North 0° 04' 47" West 344.87 feet
to the mos[ Northwesterly corner of said parcel;
thence along the Northerly line of said parcel, North 89° 58' S6" East 492.94 feet
to che most Nor[herly corner of said parcel;
thence along one of the Easterly lines of said parcel, South 0° OS' 29" East 60.00
feet;
chence leaving said Easterly line along a line that is parallel with and 60.00
feec Southerly, measured at right angles from said Northerly line South 89' S8' S6"
West 405.23 feet;
thence along a tangent curve to the left, having a radius of 20.00 feet, through a
central angle of 88' Z4' 00". an arc length of 30.86 feet;
thence South 1° 34' S6" West 265.46 feet to a point in the Southerly line of said
cel;
thence along said Southerly line, South 89° 55' 03" West 60.00 feet to the Point of
Beginning.
ALSO EXCEPTING THEREFROH the bam and tvo houses located on said property.
PARCEL TWO:
BEGIDINING at an iron pipe in the center of [he Sunnyvale-Saratoga Road, formerly the
Mountain Viev and Saratoga Road, at the Northeast corner of the lands formerly of F. E.
Goodrich, and the Southeast corner of the 29.88 acre tract conveyed by W. F. Gunckel to
Dvight Durkee, Jr., by Deed dated December 12, 1882 and recorded December 12, 1982 in
Book 66 of Deeds, page 74. said point being North 00' 04' East 20.22 chains from a
granice monument set for the center of Section 13. Tovnship 7 Sovth, Range 2 Weat,
M.D.B. 6 M., also being [he intersection of the center line of thc'Stevens Creek Road
vith [he center line of Sunnyvale-Saratoga Road;
~S~A~~3a~3y~-'° 99
~~~':s~ . ~
• 7146
~BIT "A"
' Page 3
PARCEL TWO (Continued)
[hence along the line betveen the lands fotmerly of F. E. Goodrich, and the lands
nov or fonaerly of Dvight Durkee, Jr., North 89° 56` West 140.00 feet;
[hence parallel [o [he center line of Sunnyvale-Saratoga Road South 00° 04' West
138.10 feet;
thence parallel to the first course of this description South 89° 56' East 140 feet
to~che cencer line of said Road;
thence along said ceater line North 00° 04' East 138.10 feet to the point of begin-
nis16, and being a portion of the Northvest 1/2 of Section 13, Trnmship 7 South, Aange
2 Uest, H.D.S. 6 H.
ERCEPTING THEREFROH that portion thereof described as follows:
SECINNING at an iron pipe is~ the center of the Sunnyvale-Saratoga Road, fozmerly the
Mountain Viev and Saratoga Road, at the Northeast corner of the lands formerly of
F. E. Goodrich. and the Southeast corner of the 29.88 acre tract conveyed by W. F.
Gunckel to Dvight Duzkee. Jr., by Deed dated December 12. 1882 and zecorded December
l~ 1882 in Book 66 of Deeds, page 79, said poiat being North 00° 04' Eas[ 20.22 chains
a a granite monument set for the center of Section 13, Township 7 South, Range 2
West, M.D.B. 6 H.. also being the intersection of the center line of the Stevens Creek
Road vith the center line of Sunnyvale-Saratoga Road;
thence along the line betveen the lands formerly of F. E. Goodrich~ and the lands
nov or formerly of Dvight Durkee, Jr., North 89' S6' West 140.00 feet to one of the
Northeasterly corners of that certain parcel of land conveyed by Anton Zankich, et ux,
to Rosario Giuffrida, et ux. by Deed dated July 21. 1949 and recorded July 22, 1949 in
Book 1821 of Official Records, at page 424;
thence aloag one of the Easterly lines of said parcel of land so conveyed to
Giuffrida, South 00' 04' West a distance of 70 feet;
thence along a line leaving said Easterly line and running South 89° 56' East a
distance of 140.00 feet to a point in said ceater of Sunnyvale-Saratoga Road;
thence along eaid center line North 00' 04' East, a distance of 10 feet to the
point of beginniag, and being a portion of the Northwest 1/2 of Section 13, Tovnship
7 South, Range 2 West, M.D.B. 6 M.
~ EXCEPTING THEREFR~i the Westerly 10.00 feet of the Easterly 40.00 feet conveyed
t., the County of Santa Clara for a public highway by Deed recorded April 13, 1462 in
Book 5538, page 514, Official Records of Santa Clara County.
AI,SO EXCEPTING TIiEREFROM that portion dedicated to the City of Cupertino for public
roadvay purposes by instrument recorded January 22, 1973 in Book 0204 of Official
Records, page 428, deaczibed as follrn.s:
BEGINNING at the most Northeasterly corner of Parcel No. 13, as said parcel is shovn
on the Record of Survey recorded in Book 307 of Maps, at page 29, Santa Clara County
Records;
thence along the Easterly line of said parcel, said line being the Westezly line
of Saratoga-Sunnyvale Road, as shown on said Map, South 0' OS' 29" East 68.10 feet;
thence leaving said Wes[erly line along th~ Southerly line of said parcel, South
89° 58' S6" West 20.00 feet;
thence leaving said Southerly line along a line that is parallel vith and 20.00
feet ~esterly, measured at righ[ angles from said Westerly line of Saratoga-Sunnyvale
Road. North 0° 05' 29" Weat 48.14 feet;
~ •~~~~:1~~~ ~ 99
~
„ SJ 1-71.46
~ IBIT "A"
~e 4
PARCEL T?:0 (Continued)
thence along a tangent curve to the left. having a radius of 30.00 feet, through
a central aagle of 41° 44' 12", an arc leng[h of 21.85 feet to a point in the Northeriy
line of aaid parcel;
thence along said Northerly line North 89° 58' S6" East 27.61 feet to the Point of
Beginning.
PARCEL THREE:
BEGINNING at the most Southwesterly coraer of Parcel No. 14, as said parcel is shovn
on the Reeord of Survey, recorded in Book 307 of riaps~ at page 29, Santa Clara County
Records;
thence along the Westerly line of said parcel North 0' OS' 29" Weat 10.00 feet;
thence leaving said Westerly line along a line parallel with and 10.00 feet Northerly,
measured at right angles from the Southerly line of said parcel. North 89° 58' S6" East
50.04 feet;
chence along a tangent curve to the right. having a radius of 30.00 feet, through
a central angle of 48' 11' 23", an arc length of 25.23 feet to a point in the Southerly
' ie of said parcel;
thence along said Southerly line South 89' S8' S6" West 72.39 feet to the Point of
Beginning.
PARCEL FOUR:
p barn and tvo houses located on the herein described premises as follows:
Commencing at a granite monument set for the center of Section 13, iovnship 7 South,
Range 2 Weat, 2l.D.B. 6 M.~ also being the point of intezsection of the original center
line of Stevens Creek Road vith the center line of the Suanyvale-Saratoga Road;
thence along the ceater line of Sunnyvale-Saratoga Road, North 0° 04' East 20.22
chains to the Northeasterlq eoraer of that certain yarcel of land described in the Deed
grom Anton Zankich. et ux, to Ja~es Banich, et ux. dated July 1~ 1953 and recorded
October 19, 1953 in Book 2742 of Official Records, at page 86;
thence along the Noztherly line of said parcel of land so described in the Deed to
Aich, North 84' S6' West 140.00 feet to the Northweaterly corner thereof. vhich is
also the true poithe~Hortherlinline ofethatcceztainaparcelbofalandiconveyed by Anton
thence along Y
Zankich, et ux, to Rosario Giulfrida, et ux, bq Deed dated July 21, 1949 and reeorded
July 22, 1949 in Book 1821 of Official Records, at page 424~ North 89' S6' West 493.006
feec to che Northvesterly corner thereof;
thence along the tJesterly line of said parcel of land so conveyed to Giuffrida,
South 0' 04' Siest 344.058 feet to the Southvesterly corner thereof;
thence along the Southerly line of said parcel of land so conveyed to Giuffzida,
South 89' S6' East 601.436 feet to the Souchvesterly corner of that ceztain pareel of
land conveyed by Rosario Giuffrida, et ux, to State of California, by Deed dated
October 25, 1955 and recorded December 5, 1955 in Book 3351 of Offieial Records, page
343;
thence along ehe Nesterly line of said parcel of land so conveyed to the State of
California, Horth 2' 09' 14" East 38.32 feet and North 0' 11' SO" West 168.34 feet to
the Northwesteriy corner thereof on the Southerly line of said parcel of land so
conveyed to Banich, thence along the said Southerly line, North 89' S6' Uest 110.00
feet to the Southwesterly corner thereof;
thence along the Gesterly line of said parcel of land so conveyed to Banich, North
0° 04' East 138.10 feet to the trve point of beginning and being a portion of the North-
vesterlq 1/4 of Section 13, To~mship 7 South, Range 2 West, H.D.B. 6 M.
~41
" n
~ • • ~-7146
EXHIBIT "A"
PAACEL FOUR (Continued) Page 5 ~19
EXCEPTINC THEREFAG~I the interest as dedicaced by Don 0. Bandley, et al. to City of
Cupertino, by instrument dated January 9, 1962 and recorded January 25. 1962 in Book
5444 of Official Records. page 695, in and to the following desczibed parcel of land:
SEGINNING a~ the intersection of [he West line of Saratoga-Sunnyvale Road (60.00 feet
vide) and the Northerly line of that certain parcel of land desczibed in deed from
Rosario Giuffrida~ et ux. to Don 0. Bandley. et al, dated Hay 23, 1961 and recorded
tlay 24, 1961 ia Book 5176 of Official Records. in the office of the Recorder, County
of"Santa Clara, State of California, at page 517;
thence Fiesterly along said Northerly liae 10.00 feet;
! thence Southerly along a line parallel to aad 40.00 feet distant, measured at right •
angles, from the centerline of Saratoga-Sunayvale Road (60.00 feet vide) 206.64 feet to
the Southerly line of the aforesaid parcel;
thence Easterlq along said Southerly liae 8.43 feet to an Easterly liae of the
af ~said parcel;
:hence Northerlq along said Easterly line 38.32 feet to the West line of Saratoga-
Sunnyvale Road (60.00 feet vide);
thence Northerly along West line of said Road 168.34 feet to the point af beginning.
ALSO EXCEPTING THEREFROM the interest as dedicated to the City of Cupertino by instrument
recorded January 22, 1973 in Book 0204 of Officlal Recozds, page 495, described as
follovs:
(A) BEGINNING at the most Northeasterly corner of Pazcel No. 12, as eaid Parcel is
shovn on the Record of Survey recorded in Book 301 of Haps, at page 29~ Santa Clara
County Records;
thence along the Easterly line of said parcel. being the Westerly line~of Saratoga-
Sunnyvale Road. as shoan oa said Hap, South 0' 05' 29" East 206.10 feet;
thence leaving said Westerlq line. along the Southerly line of said parcel, South
~9° 55' 03" West 20.00 feet; •
thence leaving said Southerly line. along a line tha[ is parallel vith and 20.00
f~ Uesterly, measured at right angles from said Vesterly line of Saratoga-5unaqvale
Raad. North 0° OS' 29" West 206.12 feet to a poiac ia the Northerly line of said parcel;
theace along said Northerly line North 89° 58' S6" East 20.00 feet to the Point of
Beginning.
(B) BEGINNING at the most Southaesterly corner of Parcel No. 12, as said parcel is
shrnm on the Record of Snrvey recorded in Book 307 of !laps, at page 29~ Santa Clara
Countq Records;
thence along the Westerly line of said pareel, Norih 0' 04' 47" West 344.87 feet
to the most Northvesterly corner of eaid parcel;
chence along the Northerlq line of aaid parcel, North 89' S8' S6" East 492.9L feet
to the most Northerly corner of said parcel;
thence along one of the Easterly lines of said parcel, South 0' OS' 29" East 60.00
feet;
thence leaving said Easterly line along a line that is parallel vith and 60.00
feet Southerly, measured at right nngles from said Northerly line South 89° 58' S6"
~est 405.23 feet;
thence along a tangent curve to the left, having 3 radius of 20.00 feet, through a
cen:ral angle of 88' 24' 00", an arc length of 30.86 feet;
theace South 1' 34' S6" 41est 265.46 feet to a polnt in the Southerly line of said
parcel;
thence along eaid Southerly line~ South 89' SS' 03" West 60.00 feet to the Point of
Beginning.
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Exhibit "C"
Or~. Yo. 950
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conflict with the
apecial conditiona eaumerated herein. Ia the evant a conflict does
. exiat. the apecial conditiona as eaumerated herein ahall apply.
15. The approval is based upon Exhibit A of application 12-Z-)9 as may be
ameaded by additioaal conditions contaiaed herein.
16. The land use iatensity shall aot exceed the 16 onrvay trips per acre
during the peak traffic hour.
na~