Ordinance 1198~,
ORDINANCE N0. 1198
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1
OF ORDINANCE N0. 2 BY REZONING APPROXIMATELY 1.8 CROSS
ACRES' FROM CC ZONE TO P ZONE; LOCATED ON THE NORTH SIDE
OF STEVENS CREEK BOULEVARD APPROXIMATELY 200 FT. WEST OF
BLANEY AVENUE BETWEEN BLANEY AVENUE AND RANDY LANE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
WHEREAS, on July 30. 1982, an application was filed by Andrew Jara
(George Somps,et al) (Application 11-Z-82) for the rezoning of property
from CC (General Commercial) Zone to P (Planned Development with Commercial/
Office use intent) Zone; and
WHEREAS, upon due notice and after one public hearing the Planning
Commission recommended to the City Council that the Rezoning be granted;
and
WIiEREAS, the property to be rezoned is presently in a CG (General
Commercial) 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 FOLiAWS:
Section 1. That the property described in attached Exhibit "A"
be and the same is rezoned to a P (Planned Development with Commercial/
Office use intent) Zone, subject to the conditions listed in attached
Exhibit "C"; and that Exhibit "B" attached hereto is made part of the
Master Zoning Map of the City of Cupertino.
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 this 4th day of October 1982 and ENACTED at a
regular meting of the City Council of the City of Cupertino this 12th
day of October 1982 by the following vote:
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers, Sparks, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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City Clerk
APPROVED:
? yor, [y of Cupe
Exhibit "A"
Ord. No. 1198
Real property situated in the City of Cupertino, County of Santa Clara,
State of California, described as follows:
Lots 13 and 14, as shown on that certain Map entitled, "Morita Vista", which
Map was filed for record in the office of the Recorder of the County of
Santa Clara, State of California on July 20. 1906, in Book "L" of Mape at
page 43.
E%CEPTING THEREFROM the Southerly 45' of said Lots l~.and 14.
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REZ~~Irt G I."195 hcRES FROM (~~~i
GCS CGENERAL GoMMcRC~a L) z.oNE
TO P CPI..hNNEP DEVELOPMENT W1TN 7/1582
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Exhibit "C"
Ord. No. 1198
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conflict with
the special conditions enumerated herein. In the event a conflict
does exist, the special conditions enumerated herein shall apply.
15. That the approval is based upon Exhibits A, B and C of Application
11-Z-82 as may be amended by additional conditions contained herein.
16. The subject zoning district shall permit commercial and office
uses with the provision that new conatructien of either commercial
or office buildings shall require use permit review and approval.
Additionally, a use permit shall be required for any change in use
from office uses Co commercial uses or from commercial to more intensive
commercial use (i.e. retail to restaurant). The existing commercial
and commercial office uses within the buildings are permitted within
the subject zoning district.
17. The land use Intensity shall be limited to an intensity .that will
not generate more than 16 one-way trips per acre during the peak
traffic hour. Specific accounting of trips shall be recorded with
any use permit application granted to modify the existing buildings
or add a new building or use onto the subject property. Compliance
with this condition shall no longer be mandatory should the Traffic
Intensity Performance Standard be deleted from the General Plan
of the City of Cupertino.
18. The applicant/property owner agrees to participate in his propor-
tionate share of major off-site street improvements of a local or
communitywide nature, such as major improvements to the intersection
of De Anza Boulevard and Stevens Creek Boulevard. Said agreements
shall include but not be limited to agreement to participate in a
local improvement district, or directly contribute to street
improvements. If an assessment district is formed, the applicant/
property owner's share shall be determined by a cost benefit ratio
as established by assessment district law. Boundaries for a district
would be determined at a later date per assessment district law.
The agreements to install the above improvements shall be submitted
and recorded prior to or in conjunction with the issuance of building
permits.
19. The building intensity (floor area ratio) and building height shall
be consistent with the guidelines of the adopted Ceneral Plan and
generally consistent with the site development plan, labeled Exhibit
B and C of this application.
20. The applicant shall record ingress/egress easements over the joint
driveway which serves both parcels off of Stevens Creek Boulevard
and shall record ingress/egress easeroenta with the adjoining
property owners to the east and west.
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21. All future development of the subject property shall. comply with
parking ratios for office and commercial development as established
at that time by the City of Cupertino.
j 22. The applicant shall carefully screen any privacy impacts from
stairs or second story windows of the proposed two-story building
[o be located on the real parcel (Parcel B) including but not limited
to landscape screening, placement and orientation of windows, stair en-
closures, etc. The building placement, height and size (square footage)
illustrated on exhibit "B" is for conceptual planning purposes only and
is not approved at this time. Site and building design shall be reviewed
upon application for a use permit to ensure privacy of the adjoining single
family homes.
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23. The applicant agrees to modify the existing sidewalk and frontage
landscaping to conform with the Stevens Creek"Boulevard Sidewalk and
Landscaping Plan as adopted by the City Council. The applicant shall
submit a detailed sidewalk and landscaping plan to the Architectural
and Site Approval Committee for approval and commit [o the improve-
ments prior to approval of use permit.
24. The architecture of any new buildings on the subject property shall
be consistent with the surrounding structures as determined by the
Planning Commission and City Council.