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Ordinance 1229oanudnru;c No. t229 ~ AN ORDINANCE OF THE CITY OF CUI'ERTINO AMENDING SECTION 1 OF ORDINANCE N0. 2 BY REZONING APE'ROXIPIATELY 42 ACRES ' FRODI OP AND CC ZONES TO P ZONING DISTRICT: LOCATED ON THE NORTii SIDE OF STEVENS CREEK BOULEVARD, EAST SIDE OF WOLFS ROAD, SOUTH SIDE OF VALLCO PARKWAY AND AT THE NORTIIEAST CORNER OF STEVENS CREEK BOULEVARD AND TANTAU AVENUE THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: WHEREAS, on February 1, 1983, an application was filed by Vallco Park, Ltd. (Application 1-Z-83 ) for the rezoning of property from City of Cupertino OP and CG Zones to City of Cupertino P (Planned Development with commercial, office, industrial., and hotel 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 WHEREAS, the property [o be rezoned ie presently in a City of Cuper- tino OP (Profession Office ) and CG (General Commercial) zone= and WHEREAS, a map of the subject property is attached hereto as Exhibit "B" as a proposed amendment to the Raster Zoning Map of the City of Cuper- tino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit "A" be and hereby is rezoned Eo a P (Planned Development with commercial, office, Lndustrial, and hotel intent) zone; subject to the conditions listed in attached exhibit "C"; and that Exhibit "B" attached hereto is made part of !faster Zoning Plap of the City of Cupertino. Section 2. Thts ordinance shall take effect and be in Force thirty (30) days after its passage. INTRODUCED at a regulac meeting of the City Council of the City of Cupertino this 19th day of .;„ly , 1983 and ENACTED at a regular meeting of the City Council of the City of Cupertino this 1st day of Au;;ust 1983 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Rogers, Sparks, Plungy NOES: None ABSENT: None ABSTAIN: None ATTES ROVEDa City Clerk or, C 'y of Cu per , L+~+~:+I Descripk I++n ,tll Assrssor's I'nrcel Nns. - 716-20-76; 716-20-3J; 716-20-36 and khc porklon ut APN 716-2(1-35 located west of the"Future Street" line of Finch Avenue extended. LXll~t'1' A 1ST IifiVIS10N: ~L-F33 ~~ rJ C PenmtY~ Tandem ,1 t- ( ~~_ 1 ~ ~.~_~._ .. Lll i I, it ~ .~: f.. ~: ~ C• ~-1 1 (' LL • SiEVENS Ci{ELK E'UULE~':1t{U I -~ LEGENll -' ....... ...,.~~;`ta COb}F~ERCIAL (~4U11,111111 •;~i, (L. ~~::hrliu:iuil) I'.l' OFFICE/INbUSTR1JlL lAlqu~~~ imat~~ty 72i,5r1t1 rq, 111 I t . .•r.l•:urr:i~~n) ••.••••••• ZONING IlOUNDARY NOTE: Outldfnp locations aro hypothetical ~;._ .~ - ' ,7 GONL~ITIONS: - _ - -- l-14. 5tandard_Condi3ions Standard Conditions to the e:aent that they oo nat conflict with the special conditions enumerated nerean. I~ the event a cenflict daes e::ist, the Special conditions as enumerated herein shall apply. 1~. ~ening_E_hi5it The approval is Dased upon Exhibit r? 1st Revision o+ ~pplicatian 1-Z-8~ as may be amended by additional conditions contained herein. 16. fierr_,itted_~and_Use_TyQe and_Int~nsity Gommerciai..general offic=, coraorate cffics :with ancillary F is D and prototype manufact~~.rinq eperationsi. industrial and residential activities are oermitceo w:*_hin 'the ccr~ing t:oundarv. nesidentisi fiend uses are notional =_ tie Giscr~tion of he orcperty owner. asiaantial dwellings can be added in aaditinn *_•~ the ma:~'_,m.!m foor _,r=a f ior~r~s l i=_ted below. l~cwev_r,`_he height lira.*_atiens Discussed below cannot be exceeded. High .activ-:ty u_es. Such .s cncS.___ii lounges. r=staur_n~~ envy entertainment activities are ertcc!!raaed to o= lacat._d wi_hin the conino boundary particularly as it might relte to the cornmerc#al and ho*_el e;:pans:on. :•p~. ~;.imet,iy =r?. Sir:r S^_. ft. of oTfics• industr==1 =_cac=. <.,,~rr.. =_T, :'- of ccnmerc_al c.p~ro and _. ma::im~m. ,~r rc•om ho al c=rr.be c•c~str_!c`_ed. i i i 1 • s l~r^_a s?~,*~~-nt _: =~a ccn~~erc_at a..a__ nav pe _~nstruc`_e~~ •~vNr ':aiico Fa:-F.wau and Dar:..i'iC: *aci=ities cn tne =::ist.ne '.allco Fashion ~'rl: si*_e. The pr>_cise lacati_n GY the commercial space wi:i be determineo in conjunction with a subsequently filed use permit application. The "-.~u,5+~0 sq. fc. of office space includzs the IV.`,.+~~~0 sq. ft. office development (Vallco Financial Center. which is located in the coning boundary. The hotel may include banquet space, conference rooms, and ahcillary commercial activities common to a hotel complex. Ancillary commercial activities include restaurants, gift shops, personal services. flower shops. book stores and similar uses commonly located in and supporting a hotel facility. The Planning Commission shall approve the maximum floor area of ancillary commercial space in conjunction with a future development application. The Planning Commission's decision on the amount of ancillary commercial space will be based upon the degree to which the space supports the hotel function. ,.. ~•esign_Standards .The following design standards are incorporated into the coning 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 e;:posure 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 Vallco Park Planning Area should not exceed eight (8) stories with the exception of the hotel which is unspecified. The final approved heights of buildings in Vallco Park, including the hotel, will be determined in conjunction with subsequent development applications. c. The building facade on Stevens Creek Boulevard shat: be periodically punctuated with open space corridors to prevent a continuous wall effect. 18. Community_Facilities The element within the Planning area shall be design?d in a manner as to not overburden police and fire protection. a. Adequate manning levels and fire fighting equia went shall be assured if use permit plans are approved. with building(57 which e::caed fire stories or 6+5 ft. .he Cit•. sn~ii aefine t7e aoequscy cr rir= project>cn Foiowina con=_uitation with the Central sire Dis_rict. ;he Ci_y and Gantrai Fire District sh:,il da~ielop a means .o finance e::traor-dinary casts ~ associated with high-rise sire protection. The financial program shall be guided by the principle that e::traordinary costs shall be borne by high-rise ' developers. The financial formula shall consider e::traordinary revenue generated by high-rise (versus the same square footage for low-rise) and the additional level of service that e::tra manpower provides to the entire community. b. A subsequent approved use permit shall incorporate the following police protection measures. 1. The Flan shall provide built-in communications equipment, such as repeater sites so that the police units can function in and out of their vehicles, as well as in and out of buildings. <. A private security force shall be used to protect facilities during construction and operation. 3. Development plans shall consider physical facilities, such as office space, for use by . officers on the scene to prepare reports, interview of witnesses, victims or suspects and other administrative tasks. 19. Hus_Tran~fgr_Si~e The site planning at the use permit level shall accommodate a bus transfer station which is sheltered from the elements. ~~?. Off_Street Barking The application utilises a joint parking approach where it can be demonstrated that distinct uses have parking needs which are not in conflict. The applicant shall demonstrate the feasibility of a joint parking concept at a use permit planning stage. ~1. F;rea_Wide_ImQrov_ements The applicant/property owners agree to participate ih his proportionate share of major off-site street improvements of a local or communitywide nature as identified in the general Flan. Said agreement shall include but not be • .im:~ad :~ _„_ roiio;:ing me=hod= o% =uiriliang said oDiioaticn to p..rticipata. i. ~unaed directiv. ' ~. Funded through an assessment oistrict. Payment of construction tax in effect at the time of occupancy. 4. Any other method deemed appropriate by the City Council. ~_. iraftic Sys~ems_Imerov_ements The following localized traffic system improvements and regulations are imposed to accommodate development of the project site. The applicant shall participate financially in the cast of the installation of the improvements listed below. Reimbursement of said costs by other benefited property owners shall be based upon a benefit formula established by the Director of Pu61ic 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 for 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 north approach to the Stevens Creek Boulevard/Finch Avenue intersection. C.~. Traffic_Imgroyements/iJeighborhood Protection The applicant is responsible for the installation of a traffic management improvement to eliminate or restrict Vallco Park: traffic from penetrating ad~oinina residential neighborhoods. Traffic management system may include all, part or additional traffic mitigation improvements as described on Fage ~9 of the traffic report prepared for Vallco Park: entitled, "Traffic Analysis: Vallco Part:", dated June ~~. 1983. The decision to install various improvements, their design, and timing of installation, shall be determined by the City Council following a public hearing held in conjunction with subsequent use permit applications involving phased developments within the zoning boundary. 4