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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: /~~ 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. L _ - ~ N I N. ~ P t--AT MiP N REZ~~Irt G I."195 hcRES FROM (~~~i GCS CGENERAL GoMMcRC~a L) z.oNE TO P CPI..hNNEP DEVELOPMENT W1TN 7/1582 GF,.NERRL ~o~1ME~G~~ II~ITENZ~ZONE. ~~t1t1~ EA'~O N.. D R I V E i i W~ _ 'Q LI ~ I.gg3 ~ ~ Z o~ o N N Q ~ ~ m ~, I c ...---~ " ~~~. 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. s ~ 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. '~ 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.