19 Ordinance No. 1976
DRAFT
ORDINANCE NO. 1976
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.
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-2005-11, 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 I. That Section 2.2 Vested Elements, of the development agreement described as
I-DA-90, is hereby amended to add a sub-section adding the development proposed in U-
2005-16, ASA-2005-11, Z-2005-05, and TR-2005-04, as vested elements ofthe
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
Page 2
DA-2005-0l
January 10, 2006
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 7th day of February 2006, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
Mayor of Cupertino
City Clerk
2
/9-;}-
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Cupertioo
Conununity Development Department
10300 Torre Avenue
Cupertioo, CA 95014
SEVENTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF CUPERTINO AND V ALLCO INTERNATIONAL
SHOPPING CENTER, LLC (Successors-in-Interest)
RECITALS
Whereas, the City Council of the City of Cupertino on July 15, 1991 enacted
Ordinance No. 1540 approving application I-DA-90, authorizing the execution of a
Development Agreement (as provided to Section 65864 et seq. of the California Government
Code) between the City of Cupertino (hereinafter referred to as the City), Westland
Properties, Inc. and Westland Shopping Center, L.P. regarding the Development known as
Valko Fashion Park Center in the City of Cupertino; and
Whereas, Valko International Shopping Center, LLC (hereinafter referred to as the
Applicant) is the successor-in-interest to said above described Development and
Development Agreement; and
Whereas, the parties to the Development Agreement wish to amend the Agreement, as
provided in the Amendment to the Development Agreement attached hereto and made part
hereof by reference; and
Whereas, the Applicant has formally filed its application seeking said amendment
with the Director of Planning and Community Development (hereinafter referred to as the
Director) as required by City Municipal Code Chapter 19.116; and
Whereas, at its regular meeting of Januarv 31. 2006, the City Council of the City of
Cupertino enacted Ordinance No. authorizing the execution of the Amendment.
Now Therefore, it is hereby agreed by the parties as follows:
1. That Section 2.2, Vested Elements, of the development agreement described as 1-
DA-90, is hereby amended to add a sub-section adding the development proposed
in U-2005-16, ASA-2005-11, Z-2005-05, and TR-2005-04, as vested elements of
the development agreement. Said subsection shall read as follows:
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Seventh Amendment to I-DA -90
2
(E) 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.
2. All other terms of the Development Agreement remain in full force and effect.
3. This Amendment, together with Ordinance No.
County Recorder of Santa Clara County.
shall be recorded with the
IN WITNESS WHEREOF, the City of Cupertino and Valko International Shopping
Center, LLC have executed this Amendment as of the date hereinafter above written.
CITY OF CUPERTINO, A
MUNICIPAL CORPORATION
V ALLCO INTERNATIONAL
SHOPPING CENTER, LLC
BY:
BY:
Richard Lowenthal, Mayor
Alan Wong, Owner
Attest:
City Clerk
Approved as to form:
Charles T. Kilian, City Attorney
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