Ordinance 1250M N
r
ORDINANCE N0. 1250
AN ORDINANCE OP THE CITY OF CUPERTINO AMENDING
SECTION 1 OF ORDINANCE N0. 2 BY AMENDING
A PREVIOUSLY APPROVID ZONING APPLICATION
(1-Z-63) 4'O CONF~DRM WITH THE RECENTLY AMENDID
CUPERTINO GENERAL PLAN
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS:
WHEREAS, on August 1, 1983, Ordinance No. 1229 rezoning
approximately 41 acres to P (Planned Development with
Commercial, Office, Industrial, and Hotel intent) Zoning
District was enacted (Application 1-Z-83 of Vallco Park, Ltd.);
and
WHEREAS, an application was filed by City of Cupertino to
amend the previously approved zoning application (1-Z-83) to
conform with the recently amended Cupertino General Plan; and
WHEREAS, upon due notice and after one public hearing the
Planning Commission recommended to the City Council that the
amendment be approved; and
WHEREAS, Exhibit "A" describing the property and Exhibit
"B", a map of the subject property, are attached hereto.
NOW, THEREE~ORE, 8E IT ORDAINED AS FOLLOWS:
Section 1. That the amendment to Application 1-Z-83 be
approved. iSa dd amenc3cnent will permit a hotel to be constr~ted
with a maximim of 1,000 roams (720 roans previously approved)
and a maximum of approximately 970,000 sq. ft. of office space
including existing building area (330,500 sq, ft. was previously
approved). The am~ecxlnent will also expand the zoning boundary
to include property located east of Finch Avenue (extension).
Section 2. This ordinance shall take effect and be in force
thirty (- 3~ays after passage.
-1-
M
INTRODUCID at a regular meeting of the City Council of the
City of Cupertino this 5th day of December, 1983 and ENAL`fED at
a regular meeting of the City Council of the City of Cupertino
this Lech day of December ~ 1983 by the following
vote:
Vote tianbers of the City Council
AYES: Gatto, Johnson, Rogers. Sparks, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
r, o t
ATTEST:
City Clerk
~2_ ,
• p M
• •' LECAL DESCKIPI'ION
All that real certain property situate in the County. of Santa Clara, State
of Califocnia, corrnaponding to the Santa Clara County Assessor Parcel
Numbers listed beluv:
BOOK PAGE PARCEL
316 19 25
316 19 26
316' 19 40
316 19 46
316 14 47
316 19 48
BOOK. PACE PARCEL
316 2p 35
316 20 36
316 20 37
316 20 38
~ .
1~~
C4-~ ~.~ ~::~ :,
..~ ~..
VALlCO
FASHION
PARK
J C Penny
/ /~
,~ . 1.?l~tlt~r CO NP1 ~ISSf~N 4 ... . ~.
~' C17`( OF CI;PcR'Cfi~;Cs i
.
~~ r,~scLur~oti rr_~1.
fi ~/ ~„L/_ J__._
W ~ ~ \\~ ~'//~" ~ A\U\~\~\\,\\~'`}]I ,,,~~I~Ii~~~~1~1~11~~1~1i _ II
''L~,^1 I1~11' (~ ~ D\\\l~,\~ 1 Z
O pp
J l.J
_ ~ u" \~IIIII l~\\\\1\
z
~V~~i III ~~ u ~ II~II ~
I~
I LL ~ ~~ , ii~~~ I~II~i ~mG ill
,,
STEVENS luw CREEKOOnt BOULEVARD ~~uuununuuumunununnnmun~wnunnuuun~inunnn~uununw
®-HOTEL ~ Zoning Boundary
~~]•COf.161ERC~AL SITE PLAN
~~ - ~-OFFICE HIGH RISE
~-~~ .. (~a-OFFICE lOW RISE L"'LT~~-~t"a.M
',.'
L
t"" ~ ~
~1:
•l
EXHIBIT "C"
ORD. N0. 1250
CONDITIONS:
1-14. Standard Conditions
Standard Conditions to the extent that they do not
confliot xith the apeoial oonditione enumerated
herein. In the event a conflict does exist, the
special aonditiona as enumerated herein shall apply.
15. Zoning Exhibit
• The approval is based upon Exhibit A 2nd Revision of
Applioation 1-Z-03 as may be amended by additional
conditions contained herein.
tb. Permitted Land Use Type and Intensity
a. Commeroial, general and office, .corporate offioe
(with ancillary R & D and prototype manufacturing
operations), .industrial, and resldential
aotivitles are permitted within the zoning
boundary. Residential land uses are optional at
the discretion of the property owner. Residential
dwellings can be added in addition to the maximum
floor area Figures established by the zone.
b. The maximum permitted floor area for the zone
shall be determined by applying the applicable
floor area ratios referenced below:
a) .25 FAR for commercial.
b) .37 FAR for office.
a) .33 FAR for industrial.
The preoise land use mix and relevant building
area resulting from the application of .the above
Floor Area Ratios shall be determined in
con~unotion with subsequent use permit
applications.
a. The 9.4 acre "Lester" property located within the
northeast quadrant of the intersection of
Pruneridge Avenue and Wolfe Road has zero
development credits because development intensity
was transferred to the Tandem site north of Vallco
Parkway and Lhe Grosvenor site located south of
Pruneridge Avenue.
d. Additional building space over and above space
allowed by the application of FARs.
-3-
a) 300,000 aq, ft. of commercial.
b) 450,000 sq. ft. of office and industrial.
n) 1,000 room hotel.
The "additional building" spaoe may be allocated
to the Vallno Park Planning Area, including the
Lester property, and properties located between
Freexay 280 and Pruneridge Avenue.
The hotel may include banquet spaoe, conference
rooms, and ancillary commercial aotivities common
to a hotel complex. Ancillary commercial
aotivities include restaurants, gift shops,
personal services, flower shops, book stores and
similar uses commonly located in and supporting a
hotel facility. the City shall approve the
maximum floor area of ancillary commercial space
in eon unction xith a future development..
17. Desi gn Standards
The following design standards are incorporated into
the zoning approval.
a) In general, abrupt changes in building scale shall
be avoided. A gradual stepped transition shall
occur between the street and the center of the
property. An abrupt pedestrian exposure to tall
building facades shall be avoided in order to
maintain a .comfortable human scale at ground
level.
b) As a general rule, building heights in the Valleo
Park Planning Area should not exceed eight (8)
stories with the exception of the hotel xhioh is
unspecified. The final approved height, of
buildings in Vallco Park, including the hotel,
x111 be determined in con,)unntion xith subsequent
development applications.
o) The building facade on Stevens Creek Boulevard
shall be periodically punctuated xith open spaoe
corridors to prevent a continuous xall effect.
18. Community Facilities
The element xithin the Planning Area shall be designed
in a manner as to not overburden police and fire
protection.
a) Adequate manning levels and fire-fighting
equipment shall be assured if use permit plans are
approved with building(s) which exceed five (5)
stories or 60 ft. The City shall define the
_4_
adequacy of fire protection following consultation
with the Central Fire District. The City and
Central Fire District shall develop a means to
Finance extraordinary costs associated with
high-rise fire protection. The financial program
shall be guided by the principle that
extraordinary costs shall be borne by high-rise
developers. The financial formula shall consider
extraordinary revenue generated by high-rise
(versus the same square footage for low-rise) and
the additional level of service that extra
manpower provides to the entire nommunity.
b) A subsequent approved use permit shall inaorporate
the following police protection measures.
1) The Plan shall provide built-in
nommunications equipment, such as repeater
sites so that the police units can function
in and out of their vehicles, as well as in
and out oP buildings.
2) A private security force shall be used to
protect facilities during construction and
operation.
3) Development plans shall nonsider physical
facilities, such as office space, for use by
officers on the scene to prepare reports,
interview of witnesses, victims or suspents
and other administrative tasks.
t9. Bus Transfer Site
The site planning at the use permit level shall
accommodate a bus transfer station which is sheltered
from the element.
20. Off-Street Parking
Development may incorporate a Joint parking approach
where it can be demonstrated that distinct uses have
parking needs which are not in conflict. Future
applicants shall demonstrate the feasibility of a Joint
parking concept via the use permit planning stage.
21. Area Wide Improvements
The applicant/property owners agree to participate 1n
his proportionate share oP maJor off-site street
itoprovements of a local or communitywide nature as
identified in the General Plan. Said agreement shall
include but are not limited to the following methods of
fulfilling said obligation to participate.
-5-
s ~
1. Funded directly.
2. Funded through an assessment district.
3. Payment of construction tax in effect at the time
of occupancy.
4. Any other method deemed appropriate by the City
Council.
22. Traffic Systems Improvements
The following .localized traffic system improvements and
regulations are imposed to aaao®aodate development of
the pro~eot site. The applicant shall partioipate
finanoially in the cost of the installation of the
improvements listed below. Reimbursement of said oosts
• by other benefited property owners shall be based upon
a benefit formula established by the Direotor of Publio
Works and approved by the City Council.
a. The applicant .shall add a left turn lane and
appropriate signalization on the north and south
legs of Tantau Avenue and the Tantau/Pruneridge
Avenues intersections.
b. The applicant shall construct Finch Avenue and
provide one right turn only and two left turn only
lanes on the south bound approach to the Stevens
Creek Boulevard/Finch Avenue intersection. The
intersection configuration shall prohibit south
bound through movement from North Finch Avenue to
South Finch Avenue.
23. Traffia Improvements/Neighborhood Protection
The applicant is responsible for the installation of a
traffic management improvement to eliminate or restriot
Vallco Park traffic from penetrating adjoining
residential neighborhoods. Traffic management system
may include all, part or additional traffic mitigation
improvements as described on Page 29 of the traffio
report prepared for Vallco Park entitled, "Traffic
Analysis: Vallco park", dated June 23, 1983. The
deoision to install various improvements, their design,
and timing of installation, shall be determined by the
City Council following a publio hearing held in
aon~unation xith subsequent use permit applications
involving phased developments within the zoning
boundary.
_6_