Reso 4798 11-U-96
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4798
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MINOR AMENDMENT OF USE PERMIT 11-U-96 TO
PERMIT APPROXIMATELY 2,000 SQ. FT. OF LOBBY SPACE TO BE CATEGORIZED AS
AMENITY SPACE IN A TOTAL GROSS BUILDING AREA OF 143,000 SQ. FT.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described in this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the use is in conformance with the General Plan of the City of Cupertino, and is not
detrimental to existing uses or to uses specifically permitted in the zone in which the proposed
use is to be located.
b) That the property involved is adequate in size and shape to accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and above that of the capacity of
the existing street system.
d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and
general welfare of persons residing or working in the neighborhood of such proposed uses, nor
injurious to property and improvements in the neighborhood.
e) The discount of approximately 2,000 square feet of lobby space is consistent with the amenity
space policy contained in the Development Intensity manual appendix of the General Plan.
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. 11-U-96 as set forth in
the Minutes of the Planning Commission Meeting of January 13, 1997, and are incorporated by
reference though fully set forth herein.
�s,
Resolution No. 4798 11-U-96 January 13, 1997
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 11-U-96 (Symantec CCS Building)
Applicant: Symantec
Property Owner: Cupertino City Center, Apt. II
Location: Lot 5 of Tract 7953 Cupertino City Center
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. RELATIONSHIP TO APPROVED EXHIBITS
The approved use permit incorporates building drawings which contain approximately 143,000
square feet of space. Pursuant to the amenity space exclusion provisions of the Development
Intensity Manual, 2,000 square feet of the lobby and gallery leading to the employee courtyard
may be discounted thereby resulting in a 141,000 square foot space calculation for the use
permit entitlement. The approval to discount approximately 2,000 square feet of lobby space
will not expand the vertical and horizontal boundaries of the building as defined by the approved
drawings for application 11-U-96.
2. PARKING GAR.AGE
The below level parking garage shall be expanded to incorporate additional 12 parking spaces to
accommodate 12 on-street parking spaces displaced by the garage ramp located on the private
street serving the subject development and the adjoining 120 unit City Center Associates
Apartment Development. An agreement regarding the 12 space shift shall be executed prior to
issuance of a building permit for the 143,000 square foot Symantec building. The City Attorney
shall review the agreement prior to issuance of said building permit.
3. PARKING CONTROL AND SECURITY
If the shift of parking causes parking problems for other adjoining properties, the building owner
shall take measures to require employees to park on site.
The applicant shall prepare a security plan for the parking garage which shall be reviewed by
Sheriff's Department. The security plan shall be approved by city staff and implemented prior
to issuance of final occupancy.
Resolution No. 4798 11-U-96 January 13, 1997
Page-3-
PASSED AND ADOPTED this 13th day of January, 1997, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Doyle and Mahoney
NOES: COMMISSIONERS: Vice Chairperson Harris
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairman Roberts
ATTEST: APPROVED:
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Robert S. Cowan Andrea Harris, Vice Chairperson
Director of Community Development Cupertino Planning Commission
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