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Ordinance No. 1680 Ordinance No. 1680 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A ZONE CHANGE OF A 9.26 ACRE PARCEL FROM A-215 TOP (RES.10-20), PLANNED RESIDENTIAL DEVELOPMENT FOR 10 TO 20 UNITS PER GROSS ACRE WHEREAS, an application was filed by Forge/Homestead (Application 3-Z-94) for the rezoning of approximately 9.26 acre parcel located at 20691 Homestead Road, from Agriculture, A-215 to Planned Residential Development for 10 to 20 units per gross acre P (res. 10-20); and WHEREAS, upon due notice and after at least one public hearing, the Planning Commission recommended to the City Council that the rezoning be granted in accordance with Resolution 4585; 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 1: That the property described in attached Exhibit A be and hereby is rezoned to a Planned Development allowing 10 to 20 dwelling units per gross acre P(Res. 10-20) zone: and that Exhibit B attached hereto is made part of the master zoning map of the Ciry of Cupertino. Section 2: The subject zoning approval shall not take effect until the Williamson Act contract on the subject property has been canceled by the Cupertino City Council or has expired in accordance with the Williamson Act. If any section subsection sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The legislative body hereby declares that it would have passed this ordinance in each section, subsection, clause, phrase, thereof, irrespective of the fact that any one or more section, subsection, sentences, clauses or phrases be declared unconstitutional This Ordinance No. 1680 shalt take effect and be in full force 30 days after its enactment. Ordinance No. 1680 Page 2 INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 21st day of February , 1995, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 15th day of Mav , 1995, by the following vote: ys~ Members of t_he Cjly omit AYES: Bautista, Butnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None 205534 page 2 BEGINNING at a point in the center line of Homestead Road, distant thereon South 89 deg. 47 min. West 10.77 chains from an underground granite monument set at the point of intsrsection of said center line of the Homestead Road witb the center line of the Saratoga-Sunnyvale Road, said point of beginning being the Southwesterly corner of that certain 11.254 acre tract conveyed by Henrietta delegari, et vir, to George H. Briggs, by Deed dated April 21, 1914 and recorded April 24, 1914 in Volume 417 of Deeds, at page 39, running thence along the Westerly line of the tract so conveyed to Briggs, North 0 deg. 20 min. West 10.455 chains to a stake marked B.!!.1 sat on the Southerly line of that cestain 20.42 acre tract of land conveyed by E. P. Heple, et ux, to Tony Jelesko, by Deed dated October 29, 1919 and recorded October 29, 1919 in Volume 496 of Deeds, at page 250; running thence along the Southerly line of land so conveyed to Jelesko, Soutb 89 deg. 47 min. west 9.30 chains to a x 4• post marked G.2 set on the Easterly line of that certain 20 acne act of land conveyed to Bank of America National Trust and 5avinga Association, by Trustee's Deed dated December 13, 1935 and recorded December 17, 1935, under Recorder's Serial Number 646451 running thence Southerly along said last mentioned Easterly line, 10.455 chains to the center line of Homestead Road; thence along said center line of Homestead Road, North 89 deg. 47 min. East 9.30 chains to the point of beginning. "IXNIBIiA" ~ ZONING PLAT MAF~ RE-ZONE 9.72± Acs. From A215 to PD rt M O Scale; I" = 100 ~ co U O• U Q M O O 01 t0 613.80 HOMESTEAD ROAD "IXNIBIi B" STATE OF CALIFORNIA. ~ COUNTY OF SANTA CLARA ~ CITY OF CUPERTINO ~ ~ I, KIMBERLY SMITH, City Clerk and ex-officio Cletk of the City Council of the City of Cupertino, California, do hereby certify the attached to be a full, true, and correct spy of Ordinance No. /G PO enacted on _, ~s- /~Q~_ IN WITNESS WHEREOF, I have herrunto set my hand and seal this ~_ , 1995 .~}~ day of . ` ;, KIMBERLY S , City:Clerk and a ex-officio Clerk of the City Council of f the Cityof Cupertino, California ~ti