25 Ordinance No. 1976
ORDINANCE NO. 1976
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MODIFYING A DEVELOPMENT AGREEMENT (I-DA-90) TO ENCOMPASS
THE DEVELOPMENT PROPOSED IN U-2005-16, ASA-2005-11, Z-2005-05 AND
TR-2005-04 FOR A 137 UNIT, TWO- AND THREE- STORY RESIDENTIAL
CONDOMINIUM DEVELOPMENT AT 10123 N. WOLFE ROAD (V ALLCO)
WHEREAS, an application was received by the City (Application No. DA-2005-01) for
the modification of a development agreement (l-DA-90) to encompass the development
proposed in U-2005-16, ASA-2005-ll, Z-2005-05, and TR-2005-04 for a 137 unit, two-
and three-story residential condominium development; and
WHEREAS, the modification is consistent with the City's General Plan land use map,
proposed uses and surroundings; and
WHEREAS, the City Council finds that the subject Development Agreement meets the
following requirements:
I, Is consistent with the objectives, policies, general land uses and programs
specified in the General Plan and any applicable specific plan;
2. Is compatible with the uses authorized in, and the regulations prescribed for, the
land use district in which the real property is or will be located;
3. Is in conformity with and will promote public convenience, general welfare and
good land use practice;
4. Is not detrimental to the health, safety and general welfare;
5. Will not adversely affect the orderly development of property or preservation of
property values; and
6. Will promote and encourage the development of the proposed project by
providing a greater degree of requisite certainty,
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended to the City Council that the amendment be granted; and
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That Section 2,2 Vested Elements, ofthe development agreement described as
I-DA-90, is hereby amended to add a sub-section adding the development proposed in U-
2005-16, ASA-2005-ll, Z-2005-05, and TR-2005-04, as vested elements of the
development agreement. Said subsection shall read as follows:
Applications U-2005-16, ASA-2005-11, Z-2005-05, and TR-2005-04 for a 137 unit, two-
and three- story residential condominium development as shown on the approved exhibits
for said applications.
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Ordinance No. 1976
DA-2005-01
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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 the 31st
day of January 2006 and ENACTED at a regular meeting of the City Council of the City
of Cupertino the _ day of March, 2006, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor of Cupertino
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