Ordinance 1227
ORDINANCE NO. 1127
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1
AF ORDINANCE 'NU. 2 BY RE7.ONING APPRUXiMATE1.Y 10 GRUSS
ACRES FROM OP 'LONE TO P ZONE; LOCATED IN THE SOUTHEAST
QUADRANT OF DE ANZA BOULEVARD AND RODRICUES AVENUE .
THE CITY COUNCIL OF TIIE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
WHEREAS, an May 1, 1983, an application was filed by Design Analysis
(Application 4-Z-83) for the rezoning of property from OP (Planned
Office) zone to P (Planned Development) zone; and
WHEREAS, upon due notice and after one public hearing the Planning
Commisslon recommended to the Clty Council that the Rezoning be granted;
and
WHEREAS, the property to be rezoned is presently in an OP (Planned
Office) zone; 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 FOLGUWS:
Section 1. That the property described in attached Fachibit "A"
be and hereby is rezoned to a P (Planned Development) zone, subject'
to the conditions listed in attached Exhibit "C"; and that Exhiblt "B"
attached hereto is made par[ of the Master Zoning Map of the Clty of
Cupertino.
Sec[Lant. 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 5th day of July 1983 and ENACTED at a regular
meeting of the City Council of the City of Cupertino this 18th day of
,J _1Lly 1983 by the following vote:
Vote Members of the City Council
AYIiS: Johnson, Plungy, Rogers, Sparks, Catto
NOES: None
ABSL:N1': Nanc
ABSTAIN: None
ATTEST: APPROVEb:
~`~ ~~
City Clerk Mayor, City of Cupc nfo
, 'NIIM LI RCLT IM PR DVCNCNT SSMLNT COV CRAG L. CALIFORNIA R[GIOH ~.
- ~ IOM USC WITH I[[ AND [45 NT POLI C~[S NO •000 CALIFORNIA LAND 71T ~SSOCIATI011 STA117ARO
COVCRAOC POLIC• (ORM •. COPTRIGNT 1[L7
SGIIi;DULF. A-Continued
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TLe land rcferrcd to in thi[ policy is [ituatcd in tLr. State of California, Coumy of Santa Clara
City Of Cliperkln0 ,and is dcecribcJ as follm~•t:
.=. ~ _
PAFb~L ONE• .
P)1RCEIb~TA" b "II", being a portion of Lot 6, Tract 3743, Cuperti no Toarr Ct'n:er,
situate lying and being in the Southeast 1/4, Section 13, Tcwmship 7, SouUl,
Fange 2 West, Nbunt Diablo Base and tlexidian City of Cupertino, as showm
on that certain Parcel Flap, as recorded December 27, 1976 in Book 385 of
Maps at pages 47 and'48, Santa Clara County Records.
__ROG:`I'SfFSt WITH anon-exclusive right of way as an appurtenance to the said
lands,'for use as a-road wa}• for vehicles of all kinds, and podestrians, for
water, gas, oil and sewer pipe lines and for undergrowid ;:r_lepYr~ne and
underground electric light and pacer lines, with the necr~~ary conduits,
over the Northerly 30 feet of Parcel "D" as shrnrn on sair! Parcel Dtip
filed for record on Decap`ar 27_1976 in Hook 385 of A'aps at pages 47 ['ulu
48, Santa Clara County Records.
PAFJ~. "D", being a portion of Lot 6, Tract No. 3743, Cupertino 'fbtun Cent~~
:.ituate lying and being in the Sotrth%•a~t 1/4, CcN•Lion ]3, 'ie,.~Lhip 7, So~.~{.~;
P.-ir,3e 2 West, Motvrt Diablo Ft:+~.c ~.nA DY:ridia~. o_ tier+_ino, as shr
rst that certain Parcel Mdr . ~~ r.Cnrclor3 f~~-~hera 7), 1y76 in fkx>k 385
bsaps at pages 47 aria 43.
ASSESSOR'ti ...: •..''t.. n~. i69-ufr-0~2
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C.L7n~.; t: n;farJ ~'o~a+Ae - 1973
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A] 158S9d SCHEDULE C
No. 57245
the land referred u> m Ihn policy is su uated m the County of Santa Clara. City Of C1I[~,C ~tti L.s__
Siatc ul C'a6funua, and is dcsaibed as fulbws: '
PARCEL ONES •~
ALL oP PARCEL 2, as shown oa:~hat certain Map entitled,
'PARCEL KAP', which Map vas filed for record in the office
~f the Recorder of the County of Santa Clara, State of California,
August 9, 'Y974 in Book 344 of !laps, at pnge(s) 11.
~..;c:EPTING TBERBPROM the underground eater rights as conveyed
to the City of Cupertino, by instrument recorded May 14, 1975
in Book 13409 of Official' Records, page 275.
PARCEL TWO:
Those certain appurtenant rights and right of way for vehicular
and pe8estrian ingress and egress, as contained in that certain
Reciprocal Easement Agreement Bated June 3 1974 executed t,;~ ~+n:l
between Charles J. Brooke, et al, and Pacific Southwest FcFl.+j
^oppany, which Agreement recorded June 14, 1971 in Book G:':
vificis'. Records, page 563
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Exhibit "C"
Ord. No. 1127
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conflict with
the special conditions enumerated herein. In thu event a conflict
does exist, the special conditions enumerated herein shall apply.
15. The approval is based upon Exhibit A of Application 4-Z-83
and Exhibit A of Application 11-U-83 as may be modified by additional
conditions contained herein.
lb. The development on the property shall not exceed a floor :rrea
ratio of .33 for the entire LO acre site. Uses may include
general office, corporate administrative office, proto-type
research as defined 6e low, and inc[dental and related commercial
uses as approved by the Director of Planning and Development.
Pro to-type research and development activities may 6e conducted
in conjunction with the above mentioned ofELce activities subject
to the definition and guidelines listed below:
Definition
Proto-type R.3 D refers to research and development activities
which lead to the development of a new product or n new manufac-
curing and assembly process. Pcoducts which. are developed, man-
ufactured and/or assembled as par[ of a proto-type Eacl.lity are
not intended to be mass produced £or sale.
.Guidelines for Proto-type Research and Development
1. Control of hazardous materials: The type, use and storage
of hazardous materials for proto-type research and development
or assembly is regulated by the Uniform Building Code, the
Uniform Ftre Code and any new ordinance or other regulation
which controls hazardous materials.
2. Control. of physical appearance: There shall be no outward
appearance that a proto-type research and development or
assembly process is in place. There will be no exterior
' storage, and receivLng facLli[ies shall be limited In scale.
Generally, no more than 25% of the total space occupied by
the firm will be devoted to a pro[o-type research and develop-
went or assembly activity.
The Director of Planning and Development shall review each
request for proto-type research and development or assembly
activities. The Director will review each application based
rr---~ , -i ^pon [he {;eneral i;uidclines above and may approve, disapprove
'j or modify the submitted plans. 1'he Director's decision may
~ be appraied to the City Council as provided in the City of