Reso 1837 4-U-78
RESOLUTION NO. 1837
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A
FOUR-STORY INDUSTRIAL/OFFICE BUILDING CONSISTING OF
APPROXIMATELY 211,600 SQ. FT. ON 10.9 ACRE PARCEL.
APPLICANT: Sobrato-Berg Properties
ADDRESS : 20700 Valley Green Drive, Cupertino , California 95014
SUBMITTED: March 10, 1978
LOCATION: Southeast corner of North De Anza Boulevard and Mariani Avenue
Approval is recommended subject to the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the Planning Commission meeting
of May 8, 1978.
CONDITIONS :
1-14. 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.
15. That the approval is based upon Exhibits A, B and D of Application 4-U-78
as may be modified by additional conditions contained herein.
16. 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
410 hour. For the purposes of the 16 one-way trip traffic intensity
performance standard, the following accounting of trips is hereby in-
corporated into the project approval. This condition supercedes the
trip accounting described in Condition 16 of Planning Commission
Resolution No. 1568 of master use permit 13-U-76, and Condition 16 of
Planning Commission Resolution No. 1698 of the subsequent use permit
15-U-77.
Trips generated by project 1,206
Industrial land uses
Four-Phase 785
Syva 147
Four-Phase corporate/
administrative offices 211
Commercial
Bank 33
Restaurant 30
Trips allocated to project
site 884
Trips purchased 322.
May Investment 61
• B.A.S. Homes 109
B.A.S. Homes 152
Total trips allocated to the subject site 1 .206
Surplus trips -0-
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CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014410
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND-
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 conformance with the general plan
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 beyond 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 use
nor injurious to property and improvements in the neighbor-
hood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application of the USE PERMIT
is hereby recommended for approval, subject to the conditions stated
on Page 2; and
BE IT FURTHER RESOLVED:
That the aforementioned findings be approved and adopted, and that the
Secretary be, and is hereby directed to notify the parties affected by
this decision.
410
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4-U-78
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Planning Commission Resolution No. 1837 (continued)
411.
17. Prior to issuance of a building permit, 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 the develop-
ment approval. The covenant shall be worded in a manner to suggest that
the future purchaser of properties consult the North De Anza Boulevard
conceptual zoning file and individual use permit files to obtain an up-
to-date status report of the total number of trips allocated to each
particular property. The applicant shall submit documentation from the
seller of trips identified above indidating the trips have been
transferred to the applicant.
18. That the property owner/developer shall provide tenants with a written
notice regarding potential traffic problems within the North De Anza
Boulevard area. Said notice shall stipulate that the City reserves
the right to review traffic conditions within the area at any time in the
future, and should the City determine that constraints to ensure proper
traffic movement are necessary, the City may impose the appropriate
constraints . This may take the form of staggering of work hours by
tenants , modification of hours of operation, or an organized car or van
pooling program and County transit bus pooling program. A copy of said
written notice shall be signed by the lessee and forwarded to the City prior
to occupancy of the building. The applicant/owner or his successor shall
ensure that all future lessees of the building receive a copy of the
conditions approved for this use permit.
411 The applicant (or its successors in interest) shall enter into an agree-
ment to join a car pool/van pool program to be established by the City
of Cupertino. Said agreement may, at City's option, include provisions
requiring applicant (or its successors in interest) to provide, by lease
or purchase up to one (1) 12-passenger van for. each 25,000 sq. ft. of
employee-occupied floor area. Provision of said vans is to be contingent
upon the success of the pilot program, success being defined as securing
an unpaid driver and sufficient paying passengers to pay the costs of
acquisition and operation.
19. The applicant shall install one secured bicycle locking facility for every
6,500 sq. ft. of building area, which may be in lieu of equivalent parking
spaces. The term "in lieu" does not require that the parking spaces be
eliminated.
20. The applicant shall install employee changing rooms. These rooms may
take the form of enlargement of restroom facilities; shower facilities
are not required but encouraged.
21. A plan for preservation of the remaining California Pepper trees shall be
prepared for approval of the Architectural and Site Approval Committee,
and shall include graphic depiction of protective devices to be installed
around the drip line diameter of each tree throughout the duration of
construction activities.
111 22. Prior to issuance of a building permit, the applicant shall submit a
document detailing measures to be employed to mitigate adverse impacts
resulting from on-site construction activities. Said document shall include
a proposal for delivery truck routing, noise attenuation for equipment, dust
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4-U-78
Planning Commission Resolution No. 1837 (continued)
control, rodent control and hours of construction activity satisfactory
to the Director of Planning and Development. No outside heavy
construction or grading will be permitted on Saturdays or Sundays and
all permitted work shall not commence before 7 :00 a.m. and shall cease
at 6:00 p.m.
23. The approval is for a four-story corporate administrative office building
which shall be limited to no more than 211,000 sq. ft. of gross floor area
and 60 ft. in height above the existing natural grade.
24. Truck movements including refuse pickup on the site shall be restricted
in the same manner as set forth in Section 10.45.030 of the Cupertino
Municipal Code.
25. The applicant shall delete a reasonable number of parking stalls on the
north and south side of the building to accommodate a comprehensive land-
scaping program. In no case shall the number of parking stalls be reduced
below a ratio of one space for every 250 sq. ft. of gross floor area.
The subject development shall be permitted to accommodate a maximum of
40% compact parking stalls.
26. The applicant shall plant mature (24" box) trees of an evergreen variety
along the south property line to provide immediate privacy screening for the
adjacent single-family residences, subject to the review and approval of
the Architectural and Site Approval Committee.
S
PASSED AND ADOPTED this 8th day of May, 1978, 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, Claudy, Gatto, Chairperson Blaine
NOES: Commissioner Koenitzer
ABSTAIN: None
ABSENT: None
APPROVED:
44L
Sharon Blaine, Chairperson
Planning Commission
ATTEST:
Robert Cowan
Assistant Planning Director
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