Ordinance No. 1690
ORDINANCE NO. 1690
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE REZONING OF A .51 ACRE PARCEL FROM R1-10 AG. TO R1-7.5
WHEREAS, an application was filed for the rezoning of an approximately .51 acre parcel
located at 10480 South Stelling Road from R1-10 ag. to RI-7.5; and
WHEREAS, upon due notice and aRer at least one public hearing, the Planning Commission
recommended to the City Council that the rezoning be granted in accordance with Resolution No.
4609; and
WHEREAS, a map of the subject property is attached hereto as Exhibit A, as a proposed
amendment to the Master Zoning Map of the City of Cupertino.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
. ection i : That the property described in legal description Exhibit "A" be and hereby is
rezoned to Single Family Residential with a minimum net lot size of 7,500 square feet; and that
Exhibit "B" (plat) attached hereto is made part of the Master Zoning Map of the City of Cupertino.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be
unconstitutional, such decision shall not affect that 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.
Effective Date
This Ordinance No. 1690 shall take effect and be in full force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 5th day
of June, 1995, and ENACTED at a regulaz meeting of the City Council of the City of Cupertino this
19th day of June , 1995, by the following vote:
/} ~.1~ Members of the City Council
AYES: Bautista, Sorensen, Burnett
NOES: None
ABSENT: Koppel, Dean
ABSTAIN: None
ATTEST: APPROVED:
-,~~~ ~~~re~dPd~ 9~ 11.rtt~
City Clerk ~~~12~ vice Mayor, City of Cupertino.
EXHIBIT "Ap
The land referred to herein is situated in the City of Cupertino,
County of Santa Clara, State of California, and is described ao
follows:
PARCEL ONE:
Beginning at a point on the Easterly line of Stelling Road
distant thereon North 276 font from the point of intersection of
the said Easterly line of Stelling Road, with the Northerly line
of McClellan Road, said point of intersection also being at the
southwest corner of Section 13, Township 7 South Rangn 2, West
M.D.B. & M. and running thence North along the said Easterly line
of Stalling Road 5 feet; thence running North 89° 58' East and
parallel with the said Northerly line of McClellan Road, 123.75
feet running thence South and parallel with the said Easterly
line of Stelling Road, 5 feat running thence South 89° 58' West
and parallel with the said Northerly line of McClellan Road,
123.75 feet to the point of beginning, being a portion of the
Southwest 1/4 of Section 13, Township 7 South Range 2 West,
M.D.B. & M.
PARCEL TWO:
Beginning at the point of intersection of the Easterly line of
Stelling Road with the Northerly line of McClellan Road, said
point of intersection being the Southwest corner of Section 13,
Township 7 South Range 2 W.M.D.B. ~ M., thence from said point of
beginning North along the Easterly line of Stelling Road 176
feet, thence running North 89° 58' East and parallel with said
Northerly line` of McClellan Road 123.75 feet, thence South and
parallel with the Easterly line of Stelling Road, 176 feet to thn
Northerly line of McClellan Road 123.75 feet to the point of
beginning, and being a portion of the Southwest 1/4 of Section 13
Township 7 South Range 2 w.M.D.H. & M.
Excepting therefrom the following described parcel of land:
Beginning at the Southwestern corner of the above-referenced
parcel, said corner being the intersection of the Northerly line
of McClellan Road at 40 feet in width with the Easterly line of
Stelling Road at 40 feet in width; and running thence along
last-mentioned li,:e due North 181.00 feet to the Northwestern
corner of the land described as Parcel 2 in the above-reference
deed; thence North 89° 58' Eaet 25.00 feet to the intersection
with a line drawn parallel to and distant Easterly at right
angles 45.00 feet from the centerline of Stelling Road as
aforesaid; thence along said parallel line due South 140.98 feet;
thence Southerly, Southeasterly and Easterly along the arc of a
curve to the left having a radius of 30.00 feet; through an angle
of 90° 02', an arc distance of 47.14 feet to a point of tangency
Our Nom.: 7441-WC • ~
EXHZHIT "A"
on a line drawn parallel to and distant Northerly at right angles
30.00 feet from the centerline of McClellan Road as aforesaid;
thence at right angles South 0° 02' East 10.00 feet to the
Northerly line of McClellan Road, as aforesaid; thence along
last-mentioned line South 89° 58' west 55.00 feet to the point of
beginning.
Also excepting therefrom the following described parcel of land:
All that certain real property situate in the City of Cupertino,
Santa Clara County, California, bounded as follows:
Being a strip of land ten (i0) foot in width, measured at right
angles, a portion of that certain parcel of land described in the
deed to Dragovich, recorded in Book 2887 of Official Records of
Santa Clara County at Page 417, et seq., morn particularly
described as follows:
Beginning at the southeast corner of that certain parcel pf land
described as Parcel 2 in the above-referenced deed and running
thence westerly along the Northerly line of McClellan Road at 40
feet in width South 89° 58' Weat 68.75 feett thence at right
angles North 0° 02' west 10.00 feet to the intersection with a
line drawn parallel to and distant Northerly at right angles
30.00 feet from the centerline of McClellan Road as aforesaid;
thence Easterly along last-mentioned line North 89° 58' East
68.75 feet; thence South 10.00 feet to the point of beginning.
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To RI-7.5
DATE MAR, 2t3~ 1995
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APPROVAL
Planning Commission: x May 8,1995
City Council: x June S, 1995
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Signature:
Case Manager
`STATB OF CALIFORNIA ~
COUNIY OF SANTA CLARA
CITY OF CL1PERTMO ~
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City Council of the City
of Cupertino, California, do hereby certi the attached to be a full, true, and cortect copy of
Ordinance No. /6 9d enacted on 94S
M WITNESS WHEREOF, I have hereunto set my hand and seal this a7`Nt. day of
~uxr. .1995.
~ KIMBERLY S Ti, city Clerk' d
ex-officio Clerk of the City Council of
~~ the City of Cupertino, Califgmia
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