Reso 23814-U-83
RESOLUTION NO. 2381
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL TO CONSTRUCT A FOUR-STORY '
OFFICE BUILDING EQUALING APPROXIMATELY 75,000 SO. FT.
APPLICANT: Carl N. Swenson Company. Inc.
ADDRESS: 95 South Market Street. ;Rite 600. San Jose. California 95113
SUBMITTED: February 1. 1983
LOCATION: West side of North De Anza Boulevard anprosimately 200 ft.
south of Mariani Avenue
FINDINGS AND SUBCONCLUSIONS:
Approval 3s Sera=iended subject to the findings as set forth on Page 1 and
subconciusions as set forth in the minutes of the Tlarming Commission meeting
of March 14. 1983.
,+ CONDITIONS:
1 14. Standard Conditions to the extent that they do not conflict with the
special conditions eznmerated herein. In the event a conflict does
e,Ist. the special =ond1=1nns as eanmerated herein shall apply.
15. 'This is based on ixhibits A 1st Revision. B and C 1st Revision
of Amp"i at nn- 4-U--33 as may be madifiled by additinnal, conditions
-amtal=ed herein-
3-6- ►rbe —4n, 1rJW -.o 6 AzaSa .'skid- c. _a t'^...�21 - o—
prow1de a mare e1re= a=e" sa the soap body of -parking_ 1he
redesign =g .evolve a shift -in drivet=ay location =0 13ae up with
tbe --=:zbL'r2y 1:14t or =be m32 bu:2d1=9_ the Disectar of 71-1-v
=a meaelpm= ski I- - the zutb ,-g m =prove the design changes-
l7. 7be prnjecr is Named up= an off-3zreer Park3�v ratio of one
.;D&ce far esrb ZES s9- ==- of ass f''_oor Brea_ The ratio of compact
spaces %a=,1 Mar e—p-q! 5= of natal TkarkiaR space 3zventory_
l.$. The 1 a± =be .:tzmrzc=U= of =be 75.DDD_ gross sq. fi. of building
area is —11nee=a rhr Vie: of nips (development rights) from
amber saxes_ _be '.---'.�^ stml"' be mequired u record a covenant an
the traasferrizxg g4- rb reflect the reduction of nips available prior
to issuance D--t=4;11&!-s -z� SAT =he 3pbject z=ucri=e.
The land use ;�•r• �'± r ssa' i be 14.ai:r6 : a as 3ntensiry =baz Vila Mot
generate more tban It, one-wa; —3ps p r acre dur miz the weak traffic
hour or such amber ^3if3r coasctaiars as i=sed by the LI ent
General Plan. For =be zf =be 1£ oar -Oar trap '-T ffac Intensity
Performances Sraadara..s. the-oI'rne' azz— -1-9 of .-r-t— is hereby
incorporated into the p=Jecr
C I T Y O F C U P E R T I N 0
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO REC0.MCD-
ING APPROVAL OF A USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a USE PERMIT, as stated on Page 2; 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 or uses are in confozm3nce u,1th the general aim
and is not detrimental to existing uses or to us*s spe-lically
permitted in the zone in which the proposed use =s to be .
b. That the property involved is adequate in size mod '.apc to
accomoodate the proposed use-
C. 7hat the proposed use Will not generate a level. of trsstr
over and beyond that. of the rapacity of t°ae exism1g street
system-
d. That the proposed use is otherwise not d#et-ftemma to cbm
iieaitis, safety, peace, morals and gaml well-+t af
residi-ag or working in the neigibormad of saw mot
nor injurious to property and inpras*us s tb* =e1gtft=-
hood.
STOW, THEREFORE, BE IT RESOLED:
;f That after careful consideration of maps. fats x 1=x m# &Z4ser
evidence Submitted in this matter, the sII :-sz= as _; a'be ?e_L�r
is hereby aecoamended for approval, subject ra tMac Errs ssmed:
'E on Stage 2; and
BE IT FURTHER RESOLVED:
M
That the aforementioned findings be a4pr-wed 2=t Aid=,ref. Acme Lice
Secretary be, and is hereby directed to =ti-- cse �=-IeS faL-t�e� _
this decision.
d non^±f!+a wv. ?g- 21
.-U-83
RESOLUTION NO. 2381 (continued)
Trips Generated_by the Project:
Offices - 75,000 sq. ft. a 1 trip per 1,DDO so- ft. = 75.0
Trips Allocated to Project Site:
3_078 gross acres + .18 acre on Sandler a 16 = 52-13
52 trips - 6 previously transferred 46
Deficient Trips =(29.0)
All sales or transfer of trips must be filed with she Pla*ni= Director
and City Clerk. No sale or transfer shall be finally cnns==ared unril
a use permit has been approved for the aroperty to whicb the trips are
to be applied. The appl^iranr -hail record a covenant to describe the
trip acre constraint and the =total- number of trips allocated to =be
particular development. At the time of development, a covenant siha11
be worded in a manner to suggest that the future purchaser of properties
consult the individual use permit =4le to obtain an up- m date status
report of trips allocated to each Particular properrv.
19. The applicant shall install one secured bicycle locks- {arili=v (bicycle
locker) for every 5.500 sq. ft. of buildine area wbich may be is lip., of
equivalent parking spaces_ The term "in lien" does not require rbar the
parking spares be ead=inarpd-
2D. Truck movements Jnrl1 a�nr refuse ?-I on the sire shall be r s= i*rpa
in the same �r as set forth in Section lo-45-D3D of the Cupertino
M mJrd a3 rode -
The appl3rasr Oar its S=:=esSVxS IM interest) shall enter iuzo an agreement
too JOia a saccz_spol. van ,?X=2 ?--=gr��z�o�'be eszaa l i �a ha the of
Q`Sa npert:1no- id ag: emmr, zorFJ ax ,ciry's option. J=raude Provisions
ons
reqci-lag =9114— (M-- ATE -MM==esSMTS in interest) SD provide b7 7.eaSe
or phase- s4 rn sue (1) = ran for ear1, 25 DDD sq. ft- of
e=Piasee-0sesp104 n:-ar a=ex- ?raris3aa of said vans is xa be r-on-
=p= tee ,o• =ess of t2!-�aZ prngram. smzcess 'Being 3ei :sad
as - S ar =Pau &f=*= acmd 3zc3icienr paving rs s�� to nay
22- 3° t appr.-esfl is :cy--- a 1=� =-X 75.9m sq_ ft- $axa-Mary aff3re
bUI24if=g =n& Tw 12_14.,.,.. =1y JTrJnL?"►i�l arim ietr
3 atiom df3res
°sat S3-" =PMA ==Mza==-IMa uses_ A11 new uses
ar �h' mt= — f the nffice uses shall
r '-e =Se Pe=cl ra Iaw cos ze=z==! ed by the ])3seczar of PSmming_
33- The z �i,_a�i+rw f- _ z== a find1mg mat ibere 3s
adequate 3euL-- =zp—:"2' $,.1- t!he 7ro jiect and DundeveloDed stt-
in the offAmtedi ----k se= e area_ if the rapacity is nos avail-
ab3e and the :-,..*�- � ice_ zz=== ==cerise ravazity rim emaloy n-r —ally
ac table aI=!gai2=X mrs-,;=es. ::�e prajert may not be xecDrded and
sub—quenrly ^^GS2Z1Lr .
:-U-83
RESOLUTION N0. 2381 (continued)
24. Height is limited to 50 ft_ to the top of the building parapet (refer
to north elevations of Exhibit B) as measured from rhe,top of curb
elevation along De Anza Boulevard.
25. The applicant/property masers shall record a covenant entexInz into
reciprocal ingress/egress easements with the adjoining orv;w-" vie_-s_
26- ,The applicant/property owner_ ee to participate in his =rvpo�'*�rs i
ribare of major of%site scree improvements of a 'oca' or cnmmzz=!=-wIde
nature, such as major improvements to the intersection of De A-
-Boulevard and Stevens Creek Boulevard. Said agreement she i71,..��
'but not be limited to, agreement to participate in a =o-_a1 !=Vrraemomt
district, or directly contribute to street improvements. If as asstzsne-=
' district is formed, the applicant/property owners' sra-e aid be
determined by a cost benefit ratio as established by asses»- 'A. =r.I=
law. Boundaries for any district would be determined at a 2arm date pv
assessment dis=lct law. The agreements to insrall tide abome s
shall be submitted .and recorded prior to or in cm-njt=Lc-_I--Y--
i arnanre of bs'i l a� permits.
27.. Modification of the Approved Development Plan or a 3txlld� Pre -
III the event That the applicant rant or subsequent proaerrr 'umL- s"F+ '=m"Z
to make any minor ri,�noes alteration or t s_ :�-- z;F., i
development plan or building permit. a written requfSt and rzsts&--P
development ar building permit shall be submitted tt��o� .=�b.�e
l etc
Planning and Devenrm,ent. If the Director o£ Planning. and 3eveZ uw=
—'k- a finding that the r�.�pc are minor and do not a fey he aseneraT
appearance of -the area or the interests of owners of or
adjoiTTImp the development area, the Mirector of Tlara in ame- "ere'o
may cert3iS the cl-Re on The revised plan. If such approwma is 9r"-bh�TA.
the applira,.r may appeal to the Plying CommissUn- If the chn=gg =e
material, The Director of Planning and bevelopmenr sba' ? a"5'4- ::hm ebrsw
to the Planning Commission for approval_ If the change is A�$!d tm the
Planning Commission, the applicant may appeal to the City rlt as
provided in Ordinance No. 1632 of the City of Cupertino_ If tee -•- is
approved, an appeal may be made by an Interested parry_ Ps- , near
lepmber of the City Cosmcil may request a hearing befine the r s".,said
request to Be made within ten (10) clays from date of apprz-va: , the
cbange has been approved by the 2)12ffi3ng Commission
PASSID AM ADOPTED this 14tb day of Marcb, 1983, at a =egssiar
P1annAmg Commi slun of the City of Cupertino, State of Caliror ia, bw the
fallowing roll —11 vote:
0vc: Commissioners Binneweg, Blaine, Cloudy, Chairman Ades
NAYS: Commissioner Ro_nixzer
ABSTAIN: 'None
ASS=: Bone
/s/ James $. Sisk
James P. Sisk
PIM�+M Director
/s/ Victor J. Adams
Victor J_ Adams, Chairman
Planning Commission