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PC Reso 1586 19-U-76 RESOLUTION NO. 1586 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW 411 CONSTRUCTION OF 15,000 SQ. FT. OF COMMERCIAL SPACE IN A PLANNED DEVELOPMENT ZONING DISTRICT. APPLICANT: Eldon Hoffman/Any Mountain, Ltd. ADDRESS: 20630 Valley Green Drive, Cupertino, California 95014 SUBMITTED: August 6, 1976 LOCATION: Southwest corner of the intersection of De Anza Blvd. and Mariani Dr. CONDITIONS AND FURTHER FINDINGS: 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 granted to Any Mountain only, as set forth upon Exhibit A, 1st Revision, of Application 19-U-76, as may be amended by additional conditions contained herein. Any change in use shall be subject to amendment of this use permit. 16. Removal of any specimen trees located within the project shall be subject to staff approval. To ensure that the trees are not damaged or destroyed during or after construction, the developer shall submit a plan detailing the technique to be used to ensure preservation of • the designated specimen trees. At the very least the developers shall be required to enclose the drip line of the trees with a suitable barrier to be approved by staff. 17. 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. Trips allocated to project land area 47.1 Trips generated by project 35.8 Surplus trips 11.3 In the event 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 either retain, sell or transfer trips with other property owners within the North De Anza Boulevard study area as defined by this document. 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 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 -2- CITY OF CUPERTINO City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505410 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. Encourages the most appropriate use of land, b. Conserves and stabilizes the value of property, c. Provides for adequate open spaces for light and air, d. Permits adequate control of fires, e. Promotes the health, safety and public welfare, f. Provides for the orderly development of the City, and • g. Is advantageous to the property and improvements in the zoning district and neighborhood in which the property is located; 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. (Continued on Page 2) -1- 19-U-76 Resolution No. 1586 (.continued) up-to-date status report of the total number of trips allocated to 111 each particular property. The applicant shall submit documentation from the seller of trips identified above indicating the trips have been transferred to the applicant. 18. The applicant shall sign a written agreement agreeing to join an open space maintenance district when such a district is formed. Until such time as a district is formed, the applicant shall be responsible for maintaining their landscaped area in a manner acceptable to the City. 19. The developer shall reimburse the City for his share of the street improvement plans for De Anza Boulevard, Bandley Avenue and Mariani Avenue prepared by George S. Nolte. and .Associates . 20. The developer shall reimburse the City for his share of the street improvements installed under City contract on Mariani Avenue. 21. The developer shall participate in the cost of signalization of Mariani Avenue and De Anza Boulevard in the amount as determined by the City's assessment attorney. 22. That the developer shall be required to fully improve De Anza Boulevard and Bandley Avenue and to complete improvements on Mariani Avenue. The improvements to Bandley Avenue may be deferred until such time as the • City determines that said improvements shall be installed. Provisions shall be made at this time for the costs of said improvements to Bandley Avenue. 23. The developer shall, in accordance with existing ordinances, underground all existing overhead utility lines on the property or along the adjacent streets. 24. The Architectural and Site Approval Committee shall be directed to study the provision of secured bicycle parking facilities on-site consistent with the intent of Condition No. 8 of the De Anza Boulevard Conceptual Plan. 25. The developer shall provide a landscaped setback along the Mariani Avenue frontage, averaging 25 ft. in width, consistent with provisions of the De Anza Boulevard Conceptual Plan. 26. If, in the future, on-site parking becomes a problem, the Planning Commission shall hold a public hearing to review this matter with the applicant. The Commission may require that additional spaces be provided if deemed appropriate. 27. The applicant shall be responsible for a share of the cost of the instal- lation of the median strip within the right of way of North De Anza Blvd. The amount of said share shall be as determined by the City of Cupertino. -3- 19-U--76 Resolution No. 1586 (continued) 28. The applicant/owner agrees to participate in a reciprocal driveway easement with a neighboring property owner to the south so as to allow ® the interconnection of both properties. The precise location of north/ south circulation interconnection between the neighboring property and the subject property shall be determined during hearings for the develop- ment of the property located to the south. PASSED AND ADOPTED this 29th day of September, 1976, at a regular adjourned meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Blaine, Koenitzer, Woodward, Chairman Adams NAYS : None ABSTAIN: None ABSENT: Commissioner Gatto APPROVED: • ' /s/ Victor J. Adams Victor J. Adams, Chairman Planning Couuuission ATTEST: James H. Sisk Planning Director • • 111111 -4-