Reso 2670 2 5-U-65
RESOLUTION NO. 2670
OF THE PLANNING COMMISSION OF THE CITY OF CUPERT I NO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
A SINGLE-STORY, 7, 100 SO. FT. PROFESSIONAL ❑FFICE
111 BUILDING.
APPLICANT: H o, D Properties
ADDRESS: 275 Saratoga Avenue, Suite 160, Santa Clara,
California 95050
SUBMITTED: July 3, 1985
LOCATION: West side of Portal Avenue approximately 200 ft.
north of Stevens Creek Boulevard
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of August 12, 1985.
CONDITIONS:
1-15. STANDARD CONDITIONS
Standard Conditions to the extent that they do not
conflict with the special conditions enumerated herein.
In the event a conflict does exist, the special
conditions as enumerated herein shall apply.
16. APPROVED EXHIBITS
® That the recommendation of approval is based on Exhibits
A 1st Revision, A-1 B 1st Revision, B-1 C, and
Informational of Application 25-U-85 except as may be
amended by special conditions enumerated herein.
17. MODIFICATION OF THE APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property
owner shall desire to make any minor change, alteration
or amendment in the approved development plan or
building permit, a written request and revised
development plan or building permit shall be submitted
to the Director of Planning and Development. If the
Director makes a finding that the changes are minor and
do not affect the general appearance of the area or the
interests of owners of property within or adjoining the
development area, the Director may certify the change on
the revised approval plan. If such is withheld, the
applicant may appeal to the Planning Commission. If the
changes are material , the Director shall submit said
changes to the Planning Commission for approval . If the
change is denied by the Planning Commission, the
applicant may appeal to the City Council as provided in
Ordinance 652 of the City of Cupertino. If the change
is approved, an appeal my be made by an interested
party. Further, any member of the City Council may
410 request a hearing before the City Council , said request
to be made within ten (10) days from the date of
approval - when the change has been approved by the
Planning Commission.
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CITY •
OF C U P E ' T I N O -
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City Hall, 10300 Torre Avenue
. Cupertino, California 95014
. Telephone: (408) 252 4505
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RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEEND-
ING APPROVAL OF A USE PERMIT d
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a USE PERMIT, as stated oni.[P.'ge 2; and , -
WHEREAS, the applicant has met the burden of :proof required to support
said application; and i',
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WHEREAS, the Planning Commission finds that he application meets the •
following requirements: j
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a. That the use or uses are in conform_nce with the general plan
and is not detrimental to existing uses or to uses specifically •
permitted in the zone in which the roposed use is to be located.
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b. That the property involved is adequ to in size and shape to
accommodate the proposed use.
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c. That the proposed use will not I
p p gene ate a level of traffic
• over and beyond, that of the capacit ; of the existing street
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system. ''
d. That the proposed use is otherwise of detrimental to the
health, safety, peace, morals andj!g neral welfare of persons
residing or working in the neighbor ood of such proposed use
nor. injurious to property and impro ements in the neighbor-
hood. 4
NOW, THEREFORE, BE IT RESOLVED: '
That after careful consideration of maps, fa,'ts, exhibits and other
evidence submitted in this matter, the appli ation of the USE PERMIT
is hereby recommended for approval, subject o the conditions stated
on Page 2; and I!
BE IT FURTHER RESOLVED:
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That the aforementioned findings be approved and adopted, and that the
Secretary be, and is hereby directed to noti,'y the parties affected by
p.
this decision.
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Planning Commission Resolution No. 2670 (Continued) 25-U-85
18. FUTURE INGRESS/EGRESS EASEMENTS
111 The applicant shall sign an agreement to participate in
reciprocal access easements with the adjoining property
owner (s) when said property owner (s) are obligated to
participate in a similar agreement. The easements shall
be written to give access rights to all non-residential
properties between Blaney Avenue and Portal Avenue.
19. TRIP CONSTRAINT
The land use intensity shall be limited to an intensity
that will not generate more than 16 one-way trips per
acre at the peak traffic hour or such other traffic
constraints as may be imposed by the current General
Plan. For the purpose ❑f the 16 one-way trip Traffic
Intensity Performance Standard, the following accounting
of trips is hereby incorporated into the project
approval :
TRIPS GENERATED BY THE PROJECT:
7, 100 sq. ft. > 1 trip/1 ,000 sq. ft. = 7. 1
TRIPS ALLOCATED TO THE PROJECT SITE:
.443 acres x 16/acre = 7. 1
411 SURPLUS TRIPS: = 0
In the event that a development does not utilize the
• full 16 trips-per-acre allotted by the trip end
performance standard, the owner of record shall have the
ability to sell or transfer trips with other property
owners within the Traffic Intensity Performance Standard
Area. All sales or transfers of trips shall be filed
with the Planning Director - and City Clerk. No sale or
transfer shall be finally consummated until a use permit
has been approved for the property to which the trips
are to be applied. The applicant shall record a
covenant to describe the trip-acre constraint and the
total number of trips allocated to the particular
development at the time of development approval . The
covenant shall be worded to suggest that future
purchasers of properties consult the individual Use
Permit files to obtain an up-to-date status report of
trips allocated to each particular property.
20. LANDSCAPE REVIEW
The applicant shall return to the Architectural and Site
Approval Committee for informal review of landscape
planting and irrigation plans.
Planning Commission Resolution No. 2670 (Continued) 25-U-85
21. DEMOLITION REOUIREMENT
411 All existing structures on the site shall be removed
prior to or concurrently with recordation of the final
map. The applicant shall assume the responsibility to
obtain all required demolition permit_ in accordance
with City Ordinances,
2. ABANDONED OR UNUSED WATER WELLS
The applicant/property owner shall . seal abandoned or
unused Water wells if the City, after consultation with
the Santa Clara Valley Water District, determines that
said abandoned or unused water wells have a potential to
contaminate the water supply.
PROPERTY USE CONSTRAINTS
The approval is granted to construct a one-story office
building over parking consisting of no more than 7, 100
sq. ft. Uses may include medical , dental , general ,
corporate, and administrative office uses which shall
specifically preclude manufacturing uses. All new uses
or changes in use from those approved herein shall
require a use permit review as determined by the
Director of Planning and Development.
Ill Prototype research and development activity is
permissible if conducted in concert with office
functions or business establishments. Prototype "R & D"
activities shall be regulated in accordance with
guidelines, specified in the General Plan.
24. TRASH ENCLOSURE
The trash enclosure shall be relocated away from the
north end of the at-grade parking lot subject to staff
review at the building permit level .
25. SOUND WALL
The applicant shall construct an 8 ft. high masonry wall
which shall match the height and design of the walls
constructed on the Marocco II office building located to
the west of the subject property.
26. TREE SCREEN
The applicant shall install at least four 24 inch box
Evergreen trees within the 15 ft. planter along the-
north property line. The variety should avoid excessive
shading of the adjacent home and shall be subject to
ASAC review and approval when reviewing the landscape
plan.
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Planning Commission Resolution No. 2670 (Continued) 25-U-85
27. REMOVAL OF SPECIMEN TREE
IlkPermission is granted to remove the 42 inch Pepper tree
if it is determined at the building permit level by a
qualified landscape architect that it is not possible to
save said tree.
PASSED AND ADOPTED this 12th day ❑f August , 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, Sorensen , Szabo and Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Mackenzie
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ATTEST: APPROVED:
/s/Robert S. Cowan /s/John Claudy
Robert S. Cowan John Claudy, Chairman
Planning Director Planning Commission
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