Reso 6103 04-U-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6103
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT FOR CONVERSION OF 17,394 SQUARE FEET OF AMCNI"f Y
SPACE TO FLOOR AREA, THE TRANSFER OF 33,803 SQUARE FEET OF
OFFICE/INDUSTRIAL DEVELOPMENT CREDIT FROM PARCEL 1 TO PARCEL 3, THE
� RESTRIPING OF A PARKING AREA AND THE CREATION OF A FIVE-FOOT WIDC
� PEDESTRIAN PATHWAY
�
i
� SECTION I: FINDINGS
�
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Usc
Permit, as described in Section II. of this Resolution; and
' WHEREAS, the necessary public notices have been given in accordance with the Procedural
; Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and h�s
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to rrorerty c�r
improvements in the vicinity, and will not be detrimental to the public health, satety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby recommended for approval, subject to the conditions
which are enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are based and
contained in the public hearing record concerning Application No. 04-U-01 as set forth in the Minutcs of thc
Planning Commission of August 27, 2001 and are incorporated by reference as though fiilly set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 04-U-O 1
Applicant: Grosvenor California, LTD
Location: Results Way Corporate Park, One Results Way, 10210 Imperial Avenue
Resolution 6103 04-U-01 August 27, 2001
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled "Results Way Corporate Pazk" dated
8/21/2001 and Exhibits titled "Revised Master Plan" dated 8/13/O1, except as may be amended by
� the Conditions contained in this Resolution.
�
� 2. DEVELOPMENT ALLOCATION
� The applicant is granted an allocation of 14,733 net square feet of commercial development
� potential from the "Heart of the City Allocation Pool" of the Retail Commercial Development
Priorities Table (General Plan Policy No. 2-3).
3. COVENANT
, The applicant is required to amend the covenant entered into with the city of Cupertino. The
� requirement for an additional access on Imperial Avenue may be removed from the Covenant. In
addition the tables detailing the amount of amenity space and the transfer of development credit
shall be updated.
4. REZONING OF PROPERTY TO P(ML):
Within 60 days of receiving this approval, the applicant shall file an application to rezone the
property from ML (light industrial) to P(ML) (planned development light industrial). If the
application for rezoning is not applied for within 60 days from this approval, the transfer of the
development credit shall become null and void.
5. PEDESTRIAN PATH:
Applicant shall provide for a pedestrian pathway along the eastern edge of the property. The
applicant shall record an easement against the property allowing the public to access the pedestrian
path.
6. REVOCATION OF PEDESTRIAN PATH EASEMENT:
If a pedestrian path is developed on the Union Pacific Railroad site, the applicant may petition the
city council to remove the easement allowing public access of the pedestrian path located on the
eastern border of the applicant's property.
7. AMENITY SPACE CONVERSION
This approval allows the conversion of 17,399 square feet of amenity space to office as detailed in
the amended covenant.
8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90-day approval period in which you may protest these fees, dedications,
Resolution 6103 04-U-01 August 27, 2001
Page -3-
reservations, and other exactions, pursuant to Government Code Section 66020(a), has be�un. II�
you fail to file a protest within this 90-day period complying with all of the requirements c�f
Section 66020, you will be legally barred from later challenging such exactions.
9. ADDITIONAL TREES IN NEW PARKING AREA:
The applicant shall provide additional trees in the new parking area and alon� thc northern
property border between the new SummerHill Homes subdivision and the new parkin�; a� Stal�f
shall evaluate and approve the landscape plan.
PASSED AND ADOPTED this 27th day of August 2001, at a Regular Meeting of the Pl lllllllil�
Commission of the City of Cupertino, State of California, by the following roll call vote:
� AYES: Auerbach, Chen, Corr, Patnoe and Chairperson Kwok
; NOES:
ABSTAIN:
ABSENT:
ATTES . �� AP OVED:
Steve Piasec i atrick Kwok, Chairperson
Director of Community Development Cupertino Planning Commission
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