Ordinance 796 ' • ORDL'1ANCE "I0. '46 ~
AN ORDINEVYCE OF THE CITY OF CUPERTI:10 AMENDING SECTIOY 1
~ OF ORDINeL*1CE N0. 2 BY REZONI:IG APPROXIMs1TELY 1.39 ~1CRES
FROM CG ZONE TO P 20y£; LOCATED ~T THC NORTHWEST CORNER
OF THE INTERSECTION OF STEVENS CREEK BOULEVARD AND
BLANEY AVE.*NE
THE CITY COf3NCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
WHEREAS, on February 15. 1977, an application was filed by Woolxorth
Construction Company (Application 3-Z-77) for the rezoning of property from
CG (Generai Commercial) Zone to P(Planned Development With commercial use
intent) Zone; and
WHEREA5, upon due notice and after one public hearing the Planning Com-
miasion recommended [o the City Council that the Rezoning be granted; and
WEiEREAS, the property [o be rezoned is preaently in a CC (General Com-
mercial) Zone; and
WEIEREAS, a map of the aubject property is attached hereto as Exhibit "A"
and Exhibit °S" as a proposed amendment to the Master Zoning Map of Che City
of Cupertino;
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the folloving described praperty be and hereby is rezoned
to a P(Planned Development with commercial use intent) Zone, sub~ect to con-
ditions set forth in Planning Commiasion Resolution No. 1666, attached hereto
as Exhibit "C" and that Exhibita "A" and "B" attached hereto are made part
of the Master Zoaing Map of the City of Cuper[ino:
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California; approximately 1.39
acres, located at the northwest corner of the intersection of
Stevens Creek Boulevard and Blaney Avenue, more fully described
in attached Exhibfta "A"~ ~~B'~ etld ~~C~~.
Section 2. This ordinance shall take effect and be in force chirty (30)
days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cuper-
tino thia 4th day of APru , 1977, and ENACTED at a regular meeting of
the City Council of the City of Cueprtino this 18th day of APri~ , 1977,
by the folloving vote:
Vote Members of the CitY Ccuncil
j AYES: Jackson, Meyers, Nellis, 0'Keefe, Frolich
NOES: None
ABSENT: None
' ABSTAIN : ~ione
ATTEST: APPRO~'ED:
, ~~,,Q~p~
City Clerk Mayor, Ci[y of Cupertino
. . ~ ~ .?s:',.A.""5a"'~"~„1,ty~,._~:'^~"~t~ t a , , ro, . , . . . . . . . . .
t . . . . . . . . . . .
1
r
t bereby certify that ehe City of CuperCiaso Ordiaaace No.
aCtaehed,hetato is a true and corzect copy ol aaid Ordtnance whic has
b~*u publishad or posted pureuant to law.
~
j
Wm. E. Ryd
` , City Cler
• ~ ~ ExhSbi~ "A"
Ordinance Yo. 796
All that certain real property aituate in the City cf Cupertino, County of
Santa Clara, State of California, deacribed as folloWS:
ALL OF PARCEL "B", as said parcel is ahovn upoa that certain Record of
Surve.y Map en[itled, "&ecord of Survey for Mr. Frank Hoffman, Portion of Lot 11,
2iap of "Monte Viata", Book "L" of Maps, at page 43". which Map was f11ad for
record in the Recordar's Office of the Caunty of Santa Clara, State of California
on August 6, 1968 in Book 241 of Mapa, at page 7.
PARCEL 1:
PORTION OF LOTS 11 and 12, as shown upon that certain Map entitled, "Monte
Viata"~ vhich Map was filed for record in the office of the Recosder of the County
of Santa Clara, State of California~ on July 20, 1906 in Book L of Mapa, at page 43,
and more particularly deacribed as followe:
BEGINNING at a point in the center liae of Stevena Creek Soulevard. formerly
Stevena Creek Road (60.00 faet in width) diatant thereon 5outh 89° 41' West 180.05
feet from a granite monument aet at the point of intersection theraof with the
center line of Blaney Avenue (50.00 feet in width) as said Road and Avenue are
shown upon the Map above referred to; thence from eaid poiat of begianing North 0°
19' West 45.00 feet to a 3/4 inch iron pipe aet in a line Which is parallel with
and distant Northerly 45.00 feet at righ~ anglea from the said centar line of
Stevens Creek Boulevard; thence North 29 41' East 29.96 feet to a 3/4 inch iron
pipe; thence North 0° 21' 20" Weat 92.00 feet to a 3/4 iach iron pipe; thence
North 44° 39' S0" East 24.14 feet to a 3/4 inch iron pipe; thence North 89° 41'
East 92.00 feet to a 3/4 inch iron pipa; thenca North 59° 38' 40" East 29.96 feet
to a 3/4 inch iron pipe set in a line which is parallel aith and dietant Westerly
30.00 feet at right angles from Che said center line of Blaney Avenue; thence
North 84° 38' 40" East 30.00 feet to a point in the eaid center line of Blaney
Avenue; thence North 0° 21' 20" F7est along eaid last mentioned line for a diatance
of 74.96 feet to the Southeasterly cornar of that certain tract of land conveyed in
the Deed by Fremont Simpeon, et ux, to Julian Fazzio, et ux, dated January 7, 1954,
recorded January 13, 1954 in Book 2793 of Official Records, page 431, Santa Clara
County Records; thence South 89° 41' 30" West along the Southarly line of land so
conveyed in the Derd to said Fazzio, for a diatance of 124.7w feat to the South-
westerly corner thereof in the dividing liae between Lots 11 and 12, as said Lots
are shovn upon the Map above referred to; thence North 0~ 21' 20" Weat along said
dividiag line betveen Lots 11 and 12, for a diatance of 166.92 feet to the Northerly
common corner thereof; thence South 89° 41' '+teat along the Northerly line of said
Lot 12, for a diatance of 99.66 feat to the Northweaterly corner chereof; thence
South 0° 21' 20" East along the Wester.ly line of said Lot 12 for a dietance of 436.92
feet to the Southwesterly &ornar thereof in the said ceater line of Stavena Creek
Boulevard; [hence North 89 41' East along aaid last mentioned line for a distance
of 44.35 feet to tha point oE beginniag.
EXCEPTING THEREFROM the interest granted for road purposes, by Les-Tom Enter-
prises, Inc., a corporation, co City of Cupertino, by inatrument dated November 12,
196: and recorded March 7, 1963 in Book 5932 Official Recorda. page 418, Recorder's
Serial Number 2360127.
ALSO EXCEPTI:iG that certain Parcel of land granted in the Deed from John I.
?acon. et ux, to General AccepCance Company, a corporation, dated June 3, 1965,
~ • Exhibit "A"
Ordina~ce No. 796
Page 2
ln Book 6986 Official Records, page 291, and more particularly described as
follows:
BEGINNING at the intersection of the Westerly line of that certain parcal
of land described in the Deed from Les-Tom Enterprisea, Inc., a corporation,
to Inter City Investment Corporation, a corporation, dated June 10, 1963
recorded in the office of the Recordar, County of Santa Clara, State of
~ California, on June 12, 1963 in Book 6059 of Official Recorda, Page 218, crith a
line which ia parallel with and diatant Northerly at right anglas 45.00 feet
' from the center line of SCevena Creek Boulavard; thence from said point of
beginning and along lasz said parallel line, North 89° 41' East 37.00 feet to a
point; thence parallel with the Northerly line of said land deeded Co Inter City
Iavestment Corporatlon, a corporation, hereinabove referred to, North 0° 21' 20"
We9t 135.00 feet to a point; thence parallel with the centerline of esid Stevene
Creek Boulevard, South 89° 41' West 37.00 faet to a point on the Westerly line of
said land deeded to Inter City Inveatme:t Corporation, a corporation; thance along
last said Weaterly line, South 0° 21' 20" East 133.~0 feet to the poiat of begin-
ning.
_ ~..r , . .
-
Exhibit "A°: Page 3
.'cing a Portion of Lots~ and 12, as shown on *fap of Vista Hecorded ia Book
"L" of ?faps, Page 43, S a Clara County Records, descri as follows:
Com^.encinn at a point in the originalcenter line of Stevens Creek Boulevard, 60 feec ,
wide distant thereon south 89 degrees 41 minutes West 187.34 feet from a granite
monument at the intersection thereof wi[h the center line of Blaney Avenue, 50 feet
wide;
Thence north 0° 14' west 45.00 feet to a point in a line parallel with and distant
northerly 45 feet measured a[ right angles from said center line of Stevens Creek
Boulevard, said point being the southeaaterly corner of that certain parcel of land
conveyed to General Acceptance Company by Deed Recorded June 9, 1965, in Book 6986 of
Official Records, at page 291. and the True Point of Beginning oE the Parcel of land
to be described;
Thence along eaid parallel line north 89° 41' East 127.29 feet to a 3/4 inch iron pipe.
Tlience northeasterly along a curve to the left tangent ro last deacribed course having
a radius of 30 feet, a central angle of 90° 02' 20", gn arc distance of 67.15 feet to
a 3/'+ inch iron pipe in a line parallel vith and distant 30 feet westerly measured at
right angles from the center line of Blaney Avenue;
Thence along last mentioned parallel line, north 0° 21' 20" west 159.96 feet;
Thence leaving last said parallel line and running at right angles thereto south 89°
38' 40" west 94.69 feet to a point in the dividing line be[ween lots 11 and 12, as
said lots are shown upon the map above referred to;
Thence north 0° 21' 20" west alang said dividing line between lots 11 and 12, for a
distance of 202.01 feet to the northerly coamion corner thereof;
Thence south 89° 41' west along the northerly line of said lot 12, for a distance of
99.62 feet to the northweaterlq corner thereof;
Thence sou[h 0° 21' 20" east along the westerlp line of said lot 12 for a distance of
256.92 feet to the northwesterlv corner of the hereinabove deacribed Lands conveyed
to General Acceptance Company;
Thence north 89° 41' 00" east along the northerlq lines of said lands conveyed to General
~lcceptance Company 37.00 feet to the northeasterlq corner thereof;
Thence south 00° 21' 20" east along the easterlq line of said landa conveyed to Ceneral
Acceptance Company 135.00 feet to the Point of Beginning.
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_ :A.
. ~ ~ 3-Z-77
~ESOLIITION V0. 1666
, OF 'IHE PI.~,`~IIVG COI~L*ASSIO^I OF THE CITY OF CL'PERTI:70
RECO!~WING :1PPROVAI, OF a REQUEST TO REZO:IE
,~PPROYI`.4ATELY 1.39 ACRyS F?tOM CG f,GENER.IL COriB1ERCI?,L}
TO P CPLAIvTIED DEVELOP:~.`IT WITH COMASERCIaI. USE INTE:IT)
APPLIC.LYT: 4loolworth Constructioa Compas?y r.
~:DDRESS: 74U Camdea Aveaue, Campball, Calilornia A5008
SUB.ATTED: February 15, 1977 - ~ - - ~ ~ ~
LOCATION: Northwest corner of che intarsection of Stevens Craek Soulevard
and Blaney Avenue _ r : , .:.M
aCR~,GE: 1.39 acras - , . .
CONDITIONS:
_
j 1-14. Standard Coaditions to the extent that they do noc confllct with the
epecial conditioas aaumarated h@rein. _In-ch~,event.a confliet:does
exist, che special conditions enuaerated herein shall applq.
15. That the approval 18 based on Exhibit A,_Exhibit B 1~t Revi~ioa of
Applicatioa 3-Z-77 and 3-U-77, and Exhibit B-1 of Application 3-U-77~
as may be ~dified by addicional conditions ccntained herein. .
16. That the land use intenaity shall be limited to an incensity that will
not geaerate more than 16 one-way tripe per acre during che peak
traffic hour. For the purpoaes of the 16 one-way trip traffic intensity
performance etandard, the followiag accounting of trips is hereby
iacorporated into the projecc approval:
Trips gsnerated by pro~ect _
13,400 sq. ft. x 2. trip ends/1,000 sq. ft.. ~ 2T S
Trlps alloca[ed to project area ~ 42.0
Surplus trips _ 15.2
In the event a development does not utilize the full 16 trips-per-acre
allocted.by tha trip end performance ataadard, che ovnar o£ record shall
have the abilitq to aither recaia, sell or-transfar trips with other
property owners vithin the Traffic Intensitp Par£ot~ance Standard area.
All sales or transfers of trips shall be filed caith the Planning Director
and City Clerk. No sale or transfer shall be finally consuQSnated until
a use permit has been approved for the property to which the trips sre
to be applied. The appiicant shall record a covenant to deacribe the
trip-acre constraint and the total number of trips allocated to the
particular development at the tine of che developmeat approval. The
covenant shall be vorded in a maaner to suggest that the future purchaser
of properties consulc the individual use perait files to obeain an up-to-
date status report of ehe total number of trips allocated to each par;i-
cular property. •
17. Thac chis approval is for two buildings totaliaR 13,400 sq. ft. of general
retail space. The alla+ed uses snall be restricted to those identified
on the list subaitted by the applicant (labeled E_chibit B-1 oi 3-U-7i)
~c
~xh;6~f
' • • 3-Z-77
Resolucion No. 1666 (continued)
• and a record and elactronic stereo store. New uses may be petmitted
to occupy the retail space 1a this project when, in the opinion of
the Plaaaing Director, they subatantially conform to the liat of
permisaible uses ia Exhibit B-1 and Which will not exceed the maximum
trip generatioa o£ 2.0 trip emda per 1,000 sq. ft.
18. That the applicant shall modify the parking co accommodata a future
eaat/vest croes circulacion sasement vith the property to the west.
The Architectural and Site Approval Co~ittee ahall have the abilitq
to approva the sitn plaa with lnsa thaa tha conven[ional number of
parking spaces to accommodate aaid future easement.
19. The applicaat ahall eiga a atatement acceptable to the City Atcoraey.
'i agreaing to provide reciprocal ingress/egresa sasements with the
adjoining propertiea at auch time as the City can require [he aama from
' the adjoiaiag property owners.
20. The applicant/ower shall cons~ate aa irreversible offer of dedication
for a 12-foot wide eaaement adjacent to and paralleling Stevens Creek
Boulevard for a bua turaouc.
21. Exteraal epeakera shall not be peimitted nor ahall iatemallq geaerated
noise levels ba emanated which exceed the DHA noise level of the human
voicn dusing a normal conversation.
22. The aorthnrlq laadscaping area bordering a residential zone ahall have
a minimum width ot thirtq (30) £eet.
PASSED AND ADOPTED thia 14th daq of March, 1977~ at a ragular meeting of the
Plaaaing Commisaion of the Citq of Cupartino~ State of California~ by the
folloaing roll call vote:
A7(ES: Co~i.ssionera Blaine. Catto, Koenitzar, Harkkula, Chairmaa Adams
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
\(,)Q~j~~ `.plU,l~{ /a/ Victor J. Adams
Robert Cowan Victor J. Adama, Chairman
Asststaat Plaaning Director Planning Co~isaion
-3-