Ordinance No. 1746
ORDINANCE NO. 1746
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 19 OF THE CUPERTINO MUNICIPAL CODE BY
REZONING A PARCEL LOCATED AT 1187 GARDENSIDE LANE
FROM RI-6 TO P(RES)- (APPLICA nON NO. 8-Z-96)
WHEREAS, an application was filed (Application No. 8-Z-96) for rezoning to a
peRES) zone; and
WHEREAS, upon due notice and after one public hearing, the City Council
determined that the rezoning is granted; and
WHEREAS, the properties to be rezoned are presently in RI-6 zone; 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:
Section 1. That the properties described in attached Exhibit A be and hereby
are rezoned to Planned Development Residential; and that Exhibit A and Exhibit B,
attached hereto, is made part ofthe Master Zoning Map of the City of Cupertino.
Section 2.
after its passage.
This ordinance shall take effect and be in force thirty (30) days
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
this 11 th day of December, 1996, and ENACTED at a regular meeting of the City
Council of the City of Cupertino this 6th day of January, 1997, by the following vote:
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Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Burnett, Chang, Dean, Sorensen, Bautista
None
None
None
ATTEST:
APPROVED:
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EXHIBIT B
Condition of approval for Planned Development Zoning Application 8-Z-96
1. Future residential development shall comply with the single family residential (R 1)
zoning standards excepting that the minimum lot width may be less than the 60 foot
width specified in the Rl ordinance.
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LEGAL DESCRIPTION
Order No.: 34248587
The land referred to herein is situated in the City of Cupertino,
County of Santa Clara, State of California, described as follows:
PARCEL ONE
Beginning at a point in the Westerly line of that certain 4.50 acre
parcel of land conveyed to Donald R. King, et ux, by Deed recorded
February 20" 1948 in Book 1456 of Official Records, Page 269, distant
thereon N. 0 deg. 01' E. 621.37 feet from the Southwesterly corner
thereof, said point of beginning being the Northwesterly corner of
the parcel of land conveyed to Howard D. Yarnell, et ux, by Deed
recorded in Book 1744 of Official Records, page 85; thence running
along the Westerly line of the 4.50 acre parcel conveyed to King, N.
0 deg. 01' E. 124.00 ~eet to the Northwesterly corner of said 4.50
acre parcel; thence along the Northerly line of 4.50 acre parcel,
East 263.46 feet to the Northeasterly corner of the 4.50 acre parcel;
thence along the Easterly line of the 4.50 acre parcel S. 0 deg. 01'
W. 124.00 feet to the Northeasterly corner of the parcel conveyed to
Yarnell above referred to; thence along the Northerly line of the
parcel of Yarnell, West 263.46 feet to the point of beginning, and
being a portion of Section 24, Township 7 South, Range 2 West M.D.B.
&. M.
EXCEPTING THEREFROM the Easterly 30.00 feet being a strip of land
30.00 feet wide measured at right angles to and lying Westerly of and
contiguous to the Easterly line of above described parcel, conveyed
to the State of california by Deed recorded July 27,1960 in Book
4867 of Official Records, Page 300.
PARCEL TWO
A non-exclusive right of way for ingress and egress and for the
installation and maintenance of public utilities over a strip of land
20 feet wide, the Easterly line of which is described as follows:
Beginning at a point in the South line of Section 24, Township 7
South, Range 2 west, Mount Diablo Base & Meridian, distant thereon
699.88 feet from the" pointef ,intersection of said South line of
Section 24. and the center line of saratoga-Sunnyvale Road, said
point of beginning also being the Southeasterly corner of the 4.50
acre parcel of land conveyed to Donald R. King, et ux, by Deed
recorded February 20,1948 in Book 1456 of Official Records, page 2691
thence running N 0 deg. 01' E. 621.37 feet to the Southeasterly
corner of Parcel One above described.
EXC~PTING THEREFROM the portion thereof lyin9 within the 30 foot
strip of land conveyed to the State of California, by Deed recorded
March 9,1959 in BoOk 4346 of Official Records page 744 and by Deed
recorded May 5,1959 in Book 4405 of Official Records, page 188.
PARCEL THREE
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LEGAL D¡;~CRIPTION - continued
Order No.: 3424B5B7
A non-exclusive right of way for ingress and egress and for the
installation and maintenance of public utilities over a strip of land
20 feet wide, the Southerly line of which is described as follows:
Beginning at the point of intersection of the South line of Section
24, T. 7 S., R. 2 W., M.D.B.& M and the center line of
Saratoga-Sunnyvale Road; thence West along said South line of Section
24, 899.88 feet to the Southeasterly corner of the parcel of land
conveyed to Donald R. King. et ux by Deed recorded February 20,1948
in Book 1456 of Official Records, Page 269.
EXCEPTING THEREFROM all right" title or interest in and to all that
portion above 20 foot easement lying Easterly of the following
described line:
Commencing at a point on the Southerly line of said Easement distant
thereon N. 89 deg. 11' 04" W., 270.67 feet from the intersection of
the Westerly line of the existing State Highway (40.00 feet wide)
Road IV-SCl-114-A, with the Southerly line ot that 19.94 acre tract
of land described in the Deed to Matt Genero, et ux, recorded January
10, 1945 in Book 1237 of Official Records, Page 234; thence N. 38
deg. 37' 00" 1'1., 25.89 feet to the Northerly line of said easement,
as conveyed to State of California by Deed recorded July 27,1960 in
Book 4867 of Official Records, page 300.
APN:
362-30-004
ARB: 0
COMMONLY KNOWN AS:
1187 GARDENS IDE LANE
CUPERTINO, CA
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