Reso 2640 4-U-83
RESOLUTION NO. 2640
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
41, APPROVING AN AMENDMENT TO USE PERMIT 4-U-83
APPLICANT: Carl N. Swenson (Itsuo Uenaka)
ADDRESS: P.O. Box 1337, San Jose, California 95109
SUBMITTED: April. 26, 1985
LOCATION: West side of North De Anza Boulevard approximately
200 ft. south of Mariani Avenue
1. The minor amendment modifies Condition 18 setting forth the
TRIP and FAR credit accounting for the project. Condition 18
of Application 4-U-83 is redrafted as follows:
CONDITION 18
18. The approval ❑f the construction of the 75,C)00± gross sq.
ft. of building area is contingent upon the transfer of
trips or Floor Area Ratio credits (development rights) from
other sites as listed on Exhibit A and the acquisition of
the former "Auto Parts" store located on Assessor's Parcel
326-33-94. The City of Cupertino shall be granted
development rights on the site or a public service easement
shall be recorded on the site to prevent future
construction activity, other than off-street parking and
• landscaping. The site may be sold or leased to owners of
property which adjoin the subject site. The applicant
shall install landscaping and parking based upon a plan
approved by the Director of Planning and Development. The
plan shall be compatible with the De Anza Boulevard
Conceptual Plan and the landscape plan for adjoining
developments. The applicant shall be required to record a
covenant on the transferring sites to reflect the reduction
of trips or Floor Area ratio credits available prior to
issuance of building permits for the subject structure.
The land use intensity shall be limited to an intensity
that will not generate more than 16 one-way trips per acre
during the peak traffic hour or such other traffic
constraints as imposed by the current General Plan. For
the purpose of the 16 one-way trip Traffic Intensity
Performance Standards, the accounting of trips is defined
by the attached Table One, labeled Exhibit A, which is
hereby incorporated into the project approval .
All sales or transfer of trips or FAR credits must be filed
with the Planning Director and City Clerk. No sale or
transfer shall be finally consummated until a Use Permit
Amendment has been approved for the property to which the
trips are to be applied. The applicant shall record a
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Planning Commission Resolution No. 2640 (continued) 4-U-83
410 covenant to describe the trip acre constraint and the total
number of trips allocated to the particular development.
At the time of development, a covenant shall be worded in a
manner to suggest that the future purchaser of properties
consult the individual Use Permit files to obtain an
up-to-date status report of the trips allocated to each
particular property.
2. A new condition is added regarding the maintenance of the
former "auto parts" store site.
CONDITION 29.
29. The applicant shall be responsible for the maintenance of
landscaping and parking on the former "auto parts" site
(APN 326-33-94) referenced in Conditon 18 above. Said
maintenance liability may be assigned to the adjoining
property owner to the south (APN 326-33-113) . The transfer
of maintenance liability must be recorded via a covenant
approved by the City Attorney.
PASSED AND ADOPTED this 13th day of May, 1985, at a regular
meeting of the Planning Commission of the City of Cupertino,
• State of California, by the following roll-call vote:
AYES: Commissioners Adams, Mackenzie, Sorensen
NAYS: Vice Chairman Szabo
ABSTAIN' None
ABSENT: Chairman Claudy
ATTEST: APPROVED:
/S /James H. Sisk /S /Nicholas Szabo
James H. Sisk Nicholas Szabo, Vice Chairman
Planning Director Planning Commission
•
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CrgAR2 TABLE ONE Exhibit A of Planning Commission
PERMITTED BUILDING AREA Resolution No. 2640
APPLICATION 4 4-U-83
BUILDING AREA CREDITS
TIPS PROGRAM FAR PROGRAM
CREDIT ; ; ACRES 116 TRIPS ; ; ACRES 143560 I FAR ; TOTAL
STATUS ; APN (LAND ;TRIP ;ACRES ;TRIPS ; BLDG AREA ; APN ; LAND USE ; ACRES FAR ; BLDG.AREA ; CREDIT
;USE ;FACTOR ; ;
PB ; 326-33-69 (OFFICE ; 1.00 ; 3.26 152.13 ; 52128.00 ; ; ; ; ; ; 52128
, 0
326-33-112(
, ,
TO NA ; NA ;-6.00 ; -6000.00 ; ; ; ; ; ; -6000
TI ; 326-33-1121OFFICE ; 1.00 ; ; 4.80 ; 4800.00 ; ; ; ; ; ; 4800
TI ; 326-33-94 (OFFICE ; 1.00 ; 0.11 ; 1.76 1760.00 ; ; ; ; ; ; 1760
TI ; 316-23-95 (OFFICE ; 1.00 ; ; 0.80 ; 800.00 ; ; ; ; ; ; 800
1326-34-047 ; COMMERCIAL ; 0.52 ; 0.37 ; 8332.59 ; 8333
TOTALS 53488.00 8332.59 61821
PROJECT BALANCE SHEET
TOTAL CREDITS 61821
APPROVED BUILDING AREA 75000
PROJECT BALANCE -13179
STATUS LEGEND
BP= PROPERTY BASE (TRIPS OR FAR CREDITED TO PROPERTY BASED UPON NET AREA OF SITE)
BA= BUILDING AREA ALLOCATED TO APPROVED PROJECT
TI= TRANSFERRED IN (TRIPS OR FAR CREDIT TRANSFERRED TO APPLICANT)
T0= TRANSFERRED OUT (TRIPS OR FAR CREDIT TRANSFERRED BY APPLICANT TO OTHERS)
NA= NOT APPLICABLE
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