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Reso 4087APPLICATION 22 U 88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4087 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOFY=ING APPROVAL OF A USE PERdIT TO CONSTRUCT A 1,300 SQ. FT. SECOND STORY ADDITION TO AN EXISTING ONE STORY OFFICE BUILDING SECTION Io FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and T%BMAS, 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 of the City of Cupertino, and are 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. 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 22U-88 as set forth in the Minutes of the Planning Commission Meeting of August 10, 1988 and are incorporated by reference as though fully set forth herein. RESOLUTION NO. 4087 (22 U-88) 08/10/88 Page -2- SECTION II: APPLICATION DESCRIPTION Application No 22 U 88 Applicant: Hunter Properties Property Omer: Ron and Gloria Allen Location: Northeast corner of Vallev Green and Beardon Avenue Parcel Area (Acres): .046 gross SECTION III: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT Street widening, improvements, and dedications shall be in accordance With City Standards and specifications and as required by the City Engineer. Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. LIG UMG Street lighting shall be installed and shall be as approved by the City Engineer. All on and off -site lighting shall be designed to in no way interfere with adjacent areas and shall be no higher than the maximum height permitted by the zone in which the property is located. Fire hydrants shall be located as required by the City. 5. TRAFFIC CONTROL SIGNS Traffic control signs shall be placed at locations specified by the city. Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance 125. Grading shall be as approved and required by the City Engineer in accordance with Ordinance 214(a). RESOLUTION NO. 4087 (22 U 88) 08/10/88 Page -3- Drainage shall be provided to the satisfaction of the City Engineer. 9. UNDERGROUND UTILITIES The applicant shall be responsible for complying with the requirements of the Underground Utility Ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. The applicant shall submit a detailed plan showing utility underground provisions. (This plan must have prior approval of the utility companies and the City Engineer.) The applicant shall be responsible for completing the site as shown on approved plot plan and shall be required to enter into a development agreement with the City of Cupertino providing for payment of necessary fees., including but not limited to checking and inspection fees., storm drain fee, and underground utility fee. Said agreement shall be executed prior to the issuance of a building permit. Electrical and telephone transformers shall be screened with fencing and landscaping, or undergrounded, such that they. are not visible from public street areas. SECTION Iv: CONDITIONS ADMII\TISTERED BY THE PUNNING DEPARTMENT The recommendation of approval is based on Exhibits A, B and B-1 of Application 22 U-88 except as may be amended by the conditions enumerated herein. 13. 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 Plano For the purpose of 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: Existing Office 2.05 kosofo x 1,000 sofo = 2.0 Trips Proposed. Office 1.30 kosofo x 1 trip/1000 = 1.3 Trips TOTAL 3.3 Trips RESOLUTION NO. 4087 (22 U-88) 08/10/88 Page -4- Trips credited to the Site., 0.46 Acres x 16 = 7.4 Trips Trips transferred to other site <504> Trips TOTAL 2.0 Trips DEFICIT <103> Trips Trips to be transferred to the Site., 1.3 Trips BALANCE., 0.0 Trips Prior to issuance of building permits, 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. The applicant shall also record a covenant on the transferring site to reflect the reduction of trip credits available on said site(s), prior to issuance of building permits for the subject development. 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. 14. PROPERTY USE CONSTRAINT'S The subject Use Permit authorizes construction of a 1,300 sq. ft. gross floor area addition as the second story of an existing 2,000 sq. ft. building. Use of the entire building is limited to general, corporate and administrative office activity, and specifically excludes manufacturing and medical office uses. Prototype research and development activity is permissible if conducted in concert with office functions or business establishments. Prototype 01R & D" activities shall be regulated in accordance with guidelines specified in the General Plano Parking shall be provided at a ratio of one space for every 285 sq. ft. of gross floor area which is determined to be 3,.350 sq. ft. according to Exhibit A of this Use Permit. RESOLUTION NO. 4087 (22 U-88) 08/10/88 Page -5- The applicant shall record a covenant obligating existing and future Property owners to participate in reciprocal access easements with adjoining property owner(s)o Said easements shall be implemented at such time as said adjoining property owners are obligated to participate in a similar agreement, and upon determination by the City of Cupertino that implementation of said easements is in the public interest. 17. ARCHITECTURAL AND SITE MODIFICATIONS Prior to issuance of building permits, the applicants shall obtain approval from the Architectural and Site Approval Committee of the following modifications-. a) Comprehensive site landscape planting and irrigation plan which shall include vegetation screening for the entire vertical face of the north walla b) Architectural modifications to the north and went building walls to enhance visual interest and attain greater compatibility of fenestration details. 18. MODIFICATIONS 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. plan. If such approval 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 may be made by an interested party. Further, any member of the City Council may 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. RES01UTION NO. 4087 (22 U-88) 08/10/88 Page -6- PASSED AND ADOPTED this 10th day of August® 1988 at an Adjourned Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote. - AYES., COMMISSIONERS. Adams, Mackenzie, Szabo and Chairperson Sorensen NAYS: COMMISSIONERS. None ABSTAIN. COMMISSIONERS: None ABSENT. COMMISSIONERS. Claudy ATTEST. Robert Cowan Director of RS022U88(P9) (�r'Lauralee Sore sang Chairperson Cupertino Planning commission