Reso 1890 18-U-78
RESOLUTION NO. 1890
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW
CONSTRUCTION OF AN EMERGENCY MEDICAL SERVICES/
OFFICE CENTER CONSISTING OF APPROXIMATELY 4,200
SQ. FT. AND A RETAIL ESTABLISHMENT-CONSISTING OF
APPROXIMATELY 5,500 SQ. FT.
APPLICANT: Staffield/Rose Real Estate Investment
ADDRESS: 990 East Argues Avenue, Suite 104, Sunnyvale, California 94086
SUBMITTED: ' August 4, 1978
LOCATION: North side of Stevens Creek Boulevard approximately 100 ft.
westerly of Vista Drive
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 September 28, 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 enumerated herein shall apply.
15. That the approval is based upon Exhibit B 1st Revision or Staff
Alternate, and C of application I8-U-78 as may be modified by
• additional conditions contained herein with the sole stipulation
that the site plan provide a connecting link through the use of
cross easements with the United Auto site to provide access to
Vista Drive at a minimum width of 18 ft.
This approval is for a single commercial/office building totaling approximately
9,700 sq. ft. of which approximately 5,500 sq. ft. shall be used for retail
commercial uses and approximately 4,200 sq. ft. for an emergency medical
facility or general office uses. New uses may be permitted to occupy the
retail and/or office space in this project when, in the opinion of the
Planning Director, they substantially conform to the original concept of
general retail and office uses and when it is determined that the new uses
will not exceed a maximum trip generation rate as delineated in Condition 16.
Operation of the emergency medical facility shall be limited to the hours
8:00 a.m. to 11:00 p.m. Operation of this facility beyond these hours shall
require review of this use permit and modification of this condition.
16. That 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.
For the purposes of the 16 one-way trip traffic intensity performance
standard, the following accounting of trips is hereby incorporated into the
project approval.
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CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505110
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.
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18-U-78
Planning Commission Resolution No. 1890 (continued)
16. (continued)
Trips allocated to the site .95 acres x 16 = 15.2
Trips generated by the project:
General Commercial uses
5,500 sq. ft. x 2 trip ends per 1000 = 11.0
Emergency medical services/office uses
4,200 sq. ft. x 1.0 = 4.2
Total = 15.2
Surplus trip ends = 0.
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 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 total
number of trips allocated to each particular property. Additionally,
• the covenant shall recognize that an approximately 4,200 sq. ft. portion
of the building is to be used for an emergency medical facility or office
uses only. The covenant shall stipulate that in no case shall this space
be converted to retail uses unless approved by the City Council of the
City of Cupertino. The City Attorney shall review and approve the
covenant, which shall be recorded prior to occupancy of the building.
17. The applicant shall record a deed restriction and covenant running with
the land, which is acceptable to the City Attorney, which obligates
existing and future property owners to provide reciprocal ingress/egress
and parking easements with the adjoining corner parcel to the east at such
time in the future as the City can require the same of the adjoining
property owner. The deed restriction shall be worded in a manner which
obligates existing and future property owners to modify the landscaping,
circulation and parking layout, at their own expense, to integrate vehicle
circulation aisles with the corner parcel, as conceptually shown on the
exhibit labeled staff alternate, at such time as the corner parcel develops.
Additionally, the applicant shall record a deed restriction and covenant
running with the land, which is acceptable to the City Attorney, which
provides for reciprocal ingress/egress easements with the adjoining
United Auto site located to the west as shown on the exhibit labeled
"Staff Alternate". The reciprocal ingress/egress easements shall be
recorded prior to release of building permits.
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18-U-78
'Planning Commission Resolution No. 1890 (continued)
18. The applicant shall set the building back a minimum of 5 ft. from the
westerly property line as shown on the exhibit labeled "Staff Alternate",
and incorporate some form of architectural treatment along the westerly
wall subject to the review and approval of the Architectural and Site
Approval Committee.
PASSED AND ADOPTED this 28th day of September, 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, Gatto, Koenitzer, Chairperson Blaine
NAYS : None
ABSTAIN: None
ABSENT: Commissioner Claudy
APPROVED:
/s/Sharon Blaine
Sharon Blaine, Chairperson
Planning Commission
ATTEST:
® ;I
Steve Piasecki
Associate Planner
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