Ordinance 826 ~ •
ORDINANCE NO. 826
AN ORDINANCE OF THE CITY OF CUPERTINO AttENDING SECTION 1
OP ORD2NANCE N0. 2 BY REZONING APPRO%IMATELY .2I2 ACRES
PROM R3-2.2 ZONE TO P ZONE; LOCATED AT THE SOUTHEAST
CORNER OF DE ANZA BOULEVARD AND LAZANEO DRIVE
THE CITY COUNCIL OF THE CITY OF CUPEttTINO DOES ORDAIN AS FOLLOWS:
NtiEREAS, on September 16, 1977, an application vas filed by Robert Alarik
Peepazi (Do-Nut fJheelj (Application 20-2-77) for the rezoning of property from
' R3-2.2 (Residential, multiple, 2,200 aq. ft. per dwelling unit) Zone to P
(Planned Development with general co~ercial intent) Zone; and
WHEREAS, upon due notice and after one public hearing the Planning Com-
mission recommeaded [o the City Council that the Rezoning be granted; and
WNEREAS, the property to be rezoned ia presently in an R3-2.2 (Reaidential,
multiple. 2,200 sq. ft. per dvelling unit) Zone; and
WNEREAS, a map of the subject property is attached hereto as Exhibit
"B" as a propoaed amendment to the Master Zoning Map of the City of Cupertino:
NOF1, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the property deacribed in attached Exhibit "A" be and
hereby is rezoned to a P(Planned Development with general commercial intent)
Zone, subject to conditions liated in attached Exhibit "C"; and tha[ Exhibit
"B" a[tached hereto is made part of the Master Zoning T1ap of the City of Cupes-
tino.
Section 2. This ordinance shall take effect and be 1n force thirty (30)
days after i[s passage.
INTRODUCED at a regular meeting of the City Council of the City of Cuper-
tino this 7th day of NovPmh r , 19~7. and ENACTED a[ a regular meeting
of the City Council of the City of Cupertino this ~L day of ue.+a+~her_, 19~7,
by the following vote:
Vote Hembera of the City Council
AYES: Jackson. 24eyers~ Nellie~ 0'Reefe, P'rolich
NOES: None
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ABSENT: None
ABSTAIN: APP&OL'~D:
None
ATTEST: ~~`L ~f'~r'T'-
L%~ Mayor, Citq of Cupertic°-io ^
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City Cler
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'I~ i hersbq cestitY that tha Cicp of Cupartino Ordiaaaca No. ~
arCached hareto is a true aad corract copy of said Ordinaace which has
b~~a publiahad or poated purauant to law.
Wm. E. RYdar
Cit9 Clerk
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Exhibit "A"
Ord. No. 826
All'that certain real property aituate in the C3ty of Cupertino. Couaty of
Santa Clara, State of California, more fully described ae follows:
Beginning at a point in the ceater line of the Saratoga and Sunnyvale Road
at the Northwest corner of the Southwest one-quarter of the Northeast one-
quarter of Section 13. Townahip 7 South. Range 2 West. M.D.M., being the North-
vesterly corner of that certain parcel of land conveyed by Fleming Primue to Jumes
Thomas, by Deed dated April 29. 1872 and recorded Apri1 29, 1872 in Volume 25
of Deeds. at pa8e 112. Santa Clara County Records; thence Southerly along the
ceater line of said Saratoga and Sunnyvale Road. 120 feet to the Northveaterly
corner of that certain parcel of land conveyed by Henriette Paviso to Louis
Paviso, by Deed dated April 29, 1937, recozded Hay 20, 193J in Volume 823 of
Official Recorda, at page 355, Santa Clara County Records; thence leaving said
road, Easterly along the Northerly line of said parcel of land so conveyed to
Louis Paviso, 210 feet to the Eaeterly line of said pareel of land conveyed
to .lamea Thomas hereinabove referred to; thence along the Eas[erly line of said
parcel of land so conveyed to Jamea Thomas, Northerly 120 feet to the North-
easterly corner thereof in the Northerly line of the Southvest one-quarter of the
Northeast one-quarter of said Section 13; thence along eaid las[ mentioned line,
being the Northerly line of said parcel of land so conveyed [o James Thomas,
Westerly 210 feet [o the point of beginning, and being a portion of the Southvest
one-quarter of the Northeast one-quarter of Section 13, Tovnehip 7 South, Range
2 iiest, Hount Diablo Base and Meridian.
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F?EZONE 0.21Z~'~')AC .
~ROn~ r-~-3 ' : -;c ; .so:.ur~or: r:o.
TO P(F~-ANrJ~D DEVELOPMtENT)
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~QDUV~~~~~ OaL~a~i~ ~QD~a ROBERT RCHTECTA.I.A.
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Exhibit "C"
Ord. No. 826
CONDITIONS:
1-14. Standard Conditions to the eutent that they do not coaflict with the
special conditiona enumerated herein. In the event a conflict does
exiat, the epecial conditiona enumerated herein ahall apply.
15. That the applicani ahall incorpora[e a minimum of 10 ft. of private
landacaping along the easterly property line to be added to 5 ft. of pub-
lic area, and to be denaely planted subject to the revler+ and approval of
the Architectural and Site Approval Committee.
16. The applicant ehall prepare an acoustical study which analyzes the impe~~
of the subject development on the adjoining single-family homee vhich
shall be presented to the Architectural and Site Approval Co~ittee.
, Said report ahall detezmine appropriste acoustical mitigation measures
' including the height and location of a masonry wall along the easterly
; property line.
I 17. Thia approval ie for a 1,540 aq. ft. building and a minimum of 12 pazking
atalls to be utilized as a iionut Shop facility.
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RESOLUTI09 :t0. 175~ •
OF :HE PLANNL"IG CGMMZSSION OF THE CITY OF CUPERTL`10
REC~E`SDLtiG TFiE APPRDVAI, OF A CHANCE OF ZONE FOR
~ ~?ROXr"lATELY .21 ACRES FROM R3 (MULTZPLE FAHII.Y •
RESZDEITZAI.) TO P(PLaNNED DEVELOPHENT KITS CENERAL
~ COM4ERCL~L IP1TE.*iT) .
APPLIGNT: Robert Alarik Peepari (Doaut Siheel)
ADDRESS: 4040 Hoorpark Aveaue, San Joae, Califoraia
SUSMITTID: Sapcember 16, 1977
LOC~iTION: Sou~heast coraar of Dn Anza Boulevard aad Lazaneo Drivt
~ FINDINGS AND SIIBCONCLIISIONS:
~ Approval is reco~saded subjeet to the findings as aet forth on Page 1 and
subconcluaiona as set farth in the miautas of the Plaaaing Commissioa meetiag
of October 10~ 1977.
CONDITIONS: • _ _
1-14. Staad~rd Conditions to the eztent that they do aot conflict vith the special
coaditioas enumerated herein. In the event a conflict doee exist~ the
speeial conditions euumerated herein shall apply.
15. Thac the applieaat shall ineorporate a miaimum 10 fc..of private laadscaping
along the easterly property line to be added to S ft. of public area, and to
be deaeely plan[rd subject to the reviev and approval of the Architectural
aad Sice Apprwal Committee.
16. 'Eae applicaat shall prepaze aa acwseieal studq whieh analyzes the impact
of the subject developmeat on the adjoiaing singie-f~ily hames vhich shall
be preseated to tbe Architectural aad S1te Approval Coaaittee. Said report
sha21 determine appropriate acoustical nicigatian measures including the
height aad locstion of a masonry vall alang the eantezlq praperty line.
17. This appzwal is for a 1,540 sq. ft. building and a minim~ of 12 pazking
. stalls to be utilizad aa a Donut St?op facility.
PASSID AND ADOPTID this lOth day of October, 1977, at a regular meeting af ~
the Planning Commission of the City of Cupertino, State of California. by the
folloving roll call vote:
AYES: Co~issioners Ad~s, Blaina, Chairsaa Roenitser
:IAYS: Coxmissioners Gatto~ MazkSa~la
ABS~tT: None
ABSTASN: None
ATTEST: APPROVED: _
~~~~u~~ /a/ R. D. Koeaitzer
Robert Covaff R. D. Reenitzer. Chair9sa
Assistant Planning Director Planning Co~ission
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City of Cupertino
Cali£oraia
RESOLUTION OF.THE PLANNING COMMlSSZON OF TfiE'CITY OF CUPERTINO RECOPASEND-
ING TEiE CRANTING OF A ZONE CFIANGE
WHEREAS the attached application has beea aubmitted to the City of
l~pertino requeating a change of zone ia the zoning regulations of the
City, aa,atated on Page 2; and
HBEREAS Che Placuiiag Co~iasion has,hald at least one public hearing
In regazd to the applicatioa on the date as noted on aaid application;
and
WHEBEAS the Planaiag Commiasion has duly considared and heazd all
evideace submitted in regard to said application; and
AHEREAS the uecesssry public aoticea have been given ae required by
the Zoning.Ordiaaace of the Citq of Cupeztiao;
NOW, THEREFORE, BE IT RESOLVED:
That the.Plaaaing Co~ission finds that the propoaed zone chaage:
a) :.Encourages the moat appropriate usa of laad,
b) Conserves aad s uhilizes the value of property. .
C) Provides for adequate open spaces for light and air~
d)' Permits adequate control of fires,
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e} " Promotes the health~ safetq and public taelfare,
f)' Pxovidea for the orderlq development of the City; `
g) Is advantageoua to the propertq aad improvemeats in the zoniag
diatrict and neighborhood in which the propeztq is located.
That eaid Plaitning Co~isaion, therefore, reporta favorably to the'City
Couacil ia the-mstttr of granting said zoae'change. -
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