Ordinance 1177
ORDINANCE NO. 1177
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1
OF ORDINANCE N0. 2 BY REZONING APPROXIMATELY .7 GROSS
ACRE FROM GENERAL COMMERCIAL TO P ZONE; LOCATED ON THE
NORTHWEST CORNER OF STEVENS CREEK BOULEVARD AND NORTH DE
ANZA BOULEVARD
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN A5
FOLLOWS:
WHEREAS, on March 31, 1982, an application was filed by William
K. Kelley (Application 2-Z-82) for the rezoning of property from
General Commercial to P (Planned Development with General
Commercial intent) zone; and
WHEREAS, upon due notice and after one public hearing the
Planning Commission recommended to the City Council that the
Rezoning be granted; and
W}lEREAS, the property to be rezoned is presently in a General
Commercial zone; and
WIlEREAS, a map of the subject property is attached hereto
as Exhibit "B" as a pcoposed amendment to the Master Zoning Map
of the Gity 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 P Planned Development with
General Commercial intent) zone; subject to conditions listed
in attached Exhibit "C"; and that Exhibit "B" attached hereto is
made part of the Master Zoning Map of the City of Cupertino.
Section 2. 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 this 7th day of June 1982 and
ENACTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of June , 1982 by the following
vote: ,
Ordinance No. 1177
Vote Members of the City Council
AYES: Johnson. Plungy, Rogers
NOES: None
ABSENT: Sparks
ABSTAIN:' Gatto
APPROVED:
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ATTEST:
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Exhibit "A"
Rca] property situated in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
PARCEL ONE'
All of Parcel Four as shown upon that certain map entitled, "Record of .Survey,
being a portion of NlJ 1/4 of Section 13, T75R2W Ai. D. B. b M.",.which said map
was filed for record in the office of the recorder, County of Santa Clara, State
of California, on August 24, 1972, in Book 307 of maps, page 29.
PARCEL TWO:
All of Parcel Five as shown upon that certain map entitled, "Record of Survey,
being a portion of NW 1/4 of Section 13, T7SR2W M.D.B. b M." which said map was
filed for record in the Office of the Recorder, County of Santa Clara, State of
California, on August 24, 1972, in Book 307 of maps, page 29.
Excepting therefrom, the Easterly 20 feet of said Parcel Two, as conveyed to the
City of Cupertino by Deed recorded February 14, 1974 in Book 0748, page 729,
Santa Clara County Records.
PARCEL THREE:
All of Parcel Six as shown upon that certain map entitled, "Record of Survey,
being a portion of Northwest 1/4 of Section 13, Township 7 South, Range 2 West
?fount Diablo Base and lleridian, which said map was filed for record in the Office
of the Recorder, County of Santa Clara, State of California, on August 24, 1972,
in Book 307 of Maps, page 29.
Excepting therefraa the Easterly 20 feet of said Parcel Three, as conveyed to
the City of Cupertino, by Deed recorded February 14, 1974 in Book 0948, page 729,
Santa Clara County Records.
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EXHIBIT
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N~~ JAMES W. FOUG &I ASSOCIATES, ARCHITECTS
;%~~~~~'~ 2600 EAST EtAYSHORE ROAD, PALO ALTO, CALIFORNIA 94303
Exhibit "C"
Ord. No, 1177
CONDITIONS:
1-14. Standard Conditions Co the extent Chat they do not conflict
with the special conditions enumerated herein. In the
event a conflict does exist. the special conditions enumerated
herein shall apply.
15. The approval is based upon Exhibit A of Application Z-Z-82
as may be amended by additional conditions contained herein.
16. That the three (3) parcels of record shall be combined in
one (1) parcel.
17. The applicant shall record reciprocal ingress/egress
easements over the vehicular access ways to reflect a
joint usage concept between the subject property and
adjoining property the north and west.
18. Building intensity (F.A.R., floor area ratio) and building
height shall be consistent with the guidelines of the adopted
General Plan.
19. The applicant/property owner agrees to participate in his
proportionate share of major off-site street improvements
of a local or communitywide nature, .such as major improvements
to the intersection of De Anza Boulevard and Stevens Creek
Boulevard. Said agreement shall include, but not be limited
to, agreement to participate in a local improvement district,
or directly contribute to street improvement. If an assess-
ment district is formed, the applicant/property owner's.
share would 6e determined by a cast benefit ratio. as
established by assessment district law. Boundaries for
any district would be determined at a later date per
assessment district law. The agreements Co install the
above improvements shall be submitted and recorded prior
to or in conjunction with the issuance of building permits.
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