Ordinance 1316•
ORDINANCB N0. 1316
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING
SECTION 1 OF ORDINANCE N0. 2 BY RSZONIN6 ALL PROPERTIES
CURRENTLY ZONED CO TOP TO ENSUAE CONSISTENT DBSION
STANDARDS FOR 3IMILAALY SITUATED PROPERTIES
AND APPAOV]:NG TH8 SOUTH DE ANZA BOULEVARD CONCEPTUAL PLAN
WHEABAS, on April 8, 1985, an application Was filed by City of
Cupertino (Application 8-Z-85) for the rezoning of all properties
currently zoned CG (General Commercial) zone to P (Planned Development)
zone and approving the South De Anza Boulevard Conceptual Plan; and
WHEREAS, the proposed zoning action also involves some properties
already zoned Planned Development; and
WHEREAS, the purpose of adding these properties is to ensure
consistent design standards for similarly situated properties; and
WHEREAS, the Planned Development zoning district provides additional
design and land use flexibility for the City and property oxners
consistent With the General Plan; and
WHEREAS, upon due notice and after one public hearing the Planning
Commission recommended to the City Council that the Rezoning be granted;
and
WHEREAS, the property to be rezoned is presently in a CG (General
Commercial) zone; and
WHEREAS, a map of the aub~ect property is attached hereto as a part oP
Exhibit "A" as a proposed amendment to the Raster Zoning Map of the City
of Cupertino.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section t. That the property described in attached Exhibit "A" be and
hereby is rezoned to a P (Planned Development) zone, aub~eot to conditions
listed in attached Exhibit "A"; and that the map attached hereto a part of
Exhibit "A" is made part of the Master Zoning Map of the City of
Cupertino; and that the South De Anza Boulevard Conceptual Plan be
approved.
Section 2. This ordinance shall take effect and be in force thirty
(30} days after its passage.
•
INTRODUCED at a rogular mpoting of the City Counoil of the City of
Cupertino this 17 day of June ~ 1985 and ENACTED at a rogular
meeting of the City Counoil of the City of Cupertino this ~_ day
of July , 1985 by the following vote:.
Vote Members of the City Counnil
AYES: Gatto, Plungy, Rogers, Sparks, Johnson.
NOES: None
ABSENT: None
ABSTAIN: None
APPROVEDS
C y of Cupertino
ATTEST: __
City-Clerk
THE FOLLOWING PAkCEIS ARE REZONED -
FROM: CD tGENERAL COMMERCIAL)
AND P tPLANNED DEVELOPMENT)
TO R tPLANNED DEVELOPMENT)
$4!!?H_~~ gN33_84514EY~RI;_eLEC!
.359-10-14 369-39-01
351-10-15 364-39-16
359-10-16 369-39-17
359-20-43
.359-10-44 369-38-03 .
359-10-47 369-38-03*
359-10-60 364-38-04
- 369-38-35*
359-17-01 369-38-36+-
359-17-02 369-38-37+-
354-17-03
359-17-04
359-17-05
359-17-07
354-17-19
359-18-40
.339-18-41
354-18-42
339-18-43+
359-18-44
359-18-.45*
359-23-17
339-23-18
359-23-33
~,
3b9-37-16
364-37-17
369-37-18+-
364-37-19~
.369-37-20+-
# Sites Currently Zoned PD
E%HIBIT A
APPLICATION 6-:.
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RETURN -TO CITY
--�j
jOF CUr-E:5349573PAGE1
10300 TORRE AVE: K 221,
v CUPERTINO, CA 95014 FILED a "M R -_dy0R0
A3 REOQUEST OF
NO r -"EE IN ACCORDANCE
WITH 60V CODE 6103 CITY OF CUPS TINO
Recording Requested By: Ju 13 d i ""o AN $87
All§n Byer and Marian Byer
I _
�. IJT�. ii . l
COVENANT FOR DEFERRAL OF STANDARD STREET AND
STREETSCAPE IMPROVEMENTS WHRE CUMULATIVE
FLOOR AREA DOES NOT EXCEED TWENTY-FIVE
PERCENT OF TOTAL FLOOR AREA
RECITALS:
1. The City of Cupertino ("City") has enacted the South De
Anza Zoning Plan Ordinance No. 1316.
2. Ordinance No. 1316 provides that all types of develop-
ment within the area encompassed by the Plan, including but not
limited to, commercial, industrial, office and residential
projects, schools and churches shall install standard street
improvements and special streetscape improvements as conditions
to development of the real property.
3. The City will defer these standard street and special
streetscape improvements required by Ordinance No. 1316 only in
those situations where the cumulative floor area of that area to
be developed and/or improved does not exceed twenty-five percent
(25%) of the total floor area of structures on the property.
4. The application submitted for development of the
property described as De Anza Centre indicates that the cumula-
tive floor area of the proposed development does not exceed
twenty-five percent (25%) of the total floor area of structures
on the property.
5. The City pursuant to Ordinance No. 1316 has agreed to
defer the required standard street and streetscape improvement
K221PAGE 918
on the basis that the cumulative area of the property owner's
application does not exceed twenty-five (25%) fo the total floor
area of structure on the property.
THEREFORE, the City and the undersigned owner ("Owner")
agree as follows:
1. The property contains buildings with a total floor area
of approximately forty-one thousand (41,000) square feet (the
"Floor Area").
2. The City has granted for the benefit of the property
Use Permit No. 10 U 87 (the "Use Permit") which allows the
improvement of two thousand four hundred fifty-four (2,454)
square feet of the Floor Area.
3. As to this Use Permit Application, the City has deferred
the imposition of the standard street and streetscape improve-
ments, ordinarily required on all types of developments within
the South De Anza zoning plan pursuant to Ordinance No. 1316, on
the basis that the cumulative Floor Area of the application does
not exceed twenty-five percent (25%) of the total floor area of
structures on the property.
4. The Owner agrees that as to any new Use Permits issued
by the City for more than twenty-five percent (25%) of the floor
area (10,250 square feet) of the property, the Owner shall
install those standard street and streetscape improvements as
required by Ordinance No. 1316. The calculation of the twenty-
five (25%) percent of the floor area shall be on a cumulative
basis commencing with and including the two thousand four
hundred fifty-four (2,454) square footage improvement of this
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rA
jGE 919
Use Permit.
5. This convenant shall run with the land and the burdens
of the covenant shall be binding upon and the benefits of the
convenant shall inure to all successors in interest to the real
property described herein.
6. The Owner agrees that the property is subject to the
requirement of the unimproved street ordinance.
Executed this C-1 day of
Sia/V f/.')/J 'K ,,, , California.
By:
Allfn Byer
Marian Byer
-3-
, 1987, at
K221 PAGE 920
STATE OF CALIFORNIA )
COUNTY OF 7,tQ41 C 1S 1170 ) ss.
On —(law i% , 1987, before me, the under-
signed, a Notary Public in and for said State, personally
appeared AU 41 6- . f3 yz 2 x m A -h /,ox.
personally known to me (or proved to me on the bais of satisfac-
tory evidence) to be the person(s) whose names are subscribed to
the within Instrument, and acknowledged to me that h/they
executed the same.
WITNESS my hand and official seal.
ENCOTARY
OFFICIAL7SEALCHIN
GYUN OH
PUBLICNIAty and County of CO Commission Expi9t?9
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v