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Ordinance No. 1717 ORDINANCE NO, 1717 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION I OF ORDINANCE NO.2 OF THE CUPERTINO MUNICIPAL CODE BY REZONING 0.7 NET ACRES FROM R-2-H TO peRES 4.4- 7.7); LOCATED ON THE WEST SIDE OF PENINSULA AVENUE AND NORTHERLY OF STEVENS CREEK BOULEVARD (APPLICATION NO. I I -Z-95 - PENINSULA 7) WHEREAS, an application was filed by Peninsula 7 (Application No. I I-Z-95) for the rezoning of property from R-2-H to peRES 4.4-7.7); and WHEREAS, upon due notice and after public hearing the City Council granted the rezoning; and WHEREAS, a map of the subject property is attached hereto as Exhibit "A" and a description of the property is attached hereto as Exhibit "B". NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: ~. That the property described in attached Exhibits "A" and "B" be and hereby rezoned from R-2-H to peRES 4.4-7.7); and that Exhibit "A" attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2 That the conditions of approval of this Planned Development Zoning are in accordance with Planning Commission Resolution No. 4675 for application #1 I-Z- 95. ~. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 20th day of February, 1996 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 4th day of March, 1996, by the following vote: Yills; ~QÍ~Cilié~ AYES: NOES: ABSENT: ABSTAIN: Bautista, Chang, Dean, Sorensen, Burnett None None None ATTEST: . ~~ Ci~ APPROVED: ÁJ~ Mayor, City of Cupertino PENINSULA AVE. . ,,~1ß' ~/(tO ., \""2... . .. DO""";',fÒ" Os' ~,-~~--~"~~ '" . -- A -', . -- .P.N. 326 - 25- 03 ~o' 2 TRUE"""'" SYT. CO. ",,-,,'W m.'" ..O...~ JillI1lli;. OWNERIAPPLICANT: PENINSULA 7 12280 SARATOGA-SUNNYVALE ROAD -101 SARATOGA.CA 95070 (406) 255-4300 R-2d\ P (RESIDENTIAl- 4.4 TO 7.7) EXISTING ZONING: PROPOSED ZONING: EXIST'G. RAILROAD TRACK ,..,. i:<~ Exhibit A ~,... """"""""" G> / " :"";b 't& ~ ' .. 80' ~ z 0 ~ rn WEST 17.00' ZONING PLAT ~ I \: i L , ~.,¡ £--"::1 ~,¡ ... J. M. H. 338.3 Exhibit B DESCRIPTION A PARCH Of LAND SITUATID IN SECTION Ii, TOWNSUIP 7 SOUTH, RANGE Z WEST, MOUNT DIABLO BASE & MERIDIAN, CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIfORNIA, DESCRIBED AS FOLLOWS: ALL THE LAND DESCRIBED IN DEED DATED OCTOBER 17. 1906 fROM NATHAN HALL. et ox, TO PENINSULAR RAILROAD COMPANY (NOW SOUTHERN PACIFIC TRANSPORTATION COMPANY), RECORDED JUNE 30, 1909 IN VOLUME 349 Of DEEDS, PAGE Z. RECORDS OF SAID COUNTY. AND MORE PARTICULARLY DESCRIBED TIŒREIN AS FOLLOWS: BEGINNING AT A POINT WHERE THE EASTERLY LINE OF THE PENINSULAR RAILROAD COMPANY RIGHT OF W A Y (SAID RIGHT OF W A Y ACQUIRED BY DEED DATED THE 6th Of JULY. 1905, fROM NATHAN HALL AND SARAH JANE HALL> INTERSECTS THE NORTHERLY LINE OF STEVENS CREEI ROAD, SAID POINT BEING DISTANT S 7ZoZ4' W 665.60 FEET fROM THE INTERSECTION OF THE SAID NORTHERLY LINt: OF THE STEVENS CREEI ROAD WITH THE EASTERLY LINE OF THE II;W. IH OF SECTION H. T 7 S, R Z W, M.D.B. &M.; THENCE N 360-36' W ALONG THE SAID EASTERLY LINE OF THE SAID ACQUIRED RIGHT OF W A Y OF THE PENINSULAR RAILW AY COMPANY, A DISTANCE Of H7.75 TO A POINT; THENCE S 4Z'58' E 0(2Z.1Z FEET; THENCEOH A CURVE TO THE LIFT HAVING A RADIUS OF 573.H FEET. A DISTANCE OF Z06.78 FEET MORE OR LESS TO THE MOST NORTHERLY CORNER OF THAT CERTAIN LAND OF jOE BERGAITO AS SHOWN ON THAT CERTAIN RECORD OF SURVEY MAPS AS RECORDED IN BOOI 17 OF MAPS AT PAGE 36, RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF THE LANDS OF jOE BERGAITO, S 16'09W 153.00 MORE OR LESS FEET TO SAID NORTHERLY LINE OF STEVENS CREEI ROAD; THENCE ALONG STEVENS CREEl ROAD, WEST 17 FEET MORE OR LESS TO THE POINT OF BEGINNING. . Zoning Description: APN 326-25-032 œ~ - --~'~~1 ß" lu '---.--" ~