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Reso 2695? 10-14-85? Two different Reso's same # s 4-U-55 RESOLUTION NO. 2695 OF THE PLANNING COMMISSION OF THE CITY OF CUPERT I NO RECOMMNED I NG APPROVAL OF A USE PERMIT TO CONSTRUCT • A THREE-STORY OFFICE BUILDING OF 38,700 SQUARE FEET. APPLICANT: Beim and James Properties III ADDRESS: 3000 Sand Hill Road - -Menlo Park, CA. 94025 SUBMITTED: August 30, 1985 LOCATION: West side of N. De Anra Blvd. , 130 North of Valley Green Drive 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 October 14, 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, B and B-1 of Application 34-U-85 except as may be amended by special conditions enumerated herein. 17. PROPERTY USE CONSTRAINTS Approval is granted to construct a three story office building consisting of not more than 38,700 sq. ft. of gross floor area. Gross floor area shall not include the atrium courtyard area, nor exterior balconies which shall not be leased nor occupied for business purposes. Uses shall be limited to general , corporate and administr-ative office activity, and shall specifically preclude manufacturing uses. All new uses or changes in use from those approved herein shall require use permit review as determined by the Director of Planning and Development. -- 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. - 1 - Planning Commission Resolution No. 2695 34-U-85 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 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: (38,700 sq. ft. x 1000 trip ends/1000 sq.ft. ) = 38. 7 TRIPS ALLOCATED TO THE PROJECT SITE: (2.23 Acres x 16) - 35. 7 TRIPS TRANSFERED FROM TYMSHARE = 3.0 TOTAL = 38. 7 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 , including the three trips transferred from Tymshare. The covenant shall be worded to suggest that future purchasers of properties consult the individual Use Permit files t❑ obtain an up-to-date status report of trips allocated to each particular property. In the event that a development does not utilize the full 16 trips-per-acre allOted 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 sales or transfers of trips shall be filed with the Planning Director and City Clerk. No sale or transfer shall be finally consumated until a use permit has been approved for the property to which the trips are to be applied. 19. DEMOLITION REQUIREMENT All existing structures on the site shall be removed prior to or concurrently with the . issuance of construction permits -for the approved office facility. , The applicant shall assume responsibility to secure all necessary demolition permits in accordance with City ordinances. 411 Planning Commission Resolution No. 2695 34-U-85 2r. PARKING • Parkingshall ber provided at a ratio of one space for every 285 sq. ft. of gross floor area which is determined to be 38,700 sq. ft. according to Exhibit A of this Use Permit. Compact dimensioned parking ratio shall be consistent with the City 's parking ordinance. 21 . BICYCLE PARKING The applicant shall install one secured bicycle locking facility (bicycle locker) for every 6,500 square feet of building area. 22. CAR POOL/VAN POOL AGREEMENT The applicant or successor in interest shall record a covenant agreeing to join a van pool/car pool to be established by the City of Cupertino. Said covenant may, at the City 's option include provisions requiring the applicant or successor in interest to provide, by lease or purchase, one twelve (12) passenger van. Provision of said van is to be contingent upon the success of the private program, success being defined as securing a paid driver and sufficient paying passengers to defray the cost of acquiring and operating the vehicle. ® 23. INGRESS/EGRESS EASEMENT AGREEMENTS North: The applicant may abrogate the existing ingress-egress easement between the subject property and the adjoining site to the north, subject to the approval of the owner of said northerly property. The existing common driveway on the westerly property line shall be retained. South: The applicant shall record a covenant obligating existing and future property owners to participate in a reciprocal access easement with the adjoining southerly property owner (s) at such time as said property owner (s) is/are obligated to participate in a similar agreement. • 24. MATERIALS PALETTE Exterior materials and colors for the subject development shall confirm with those specified on the materials/color board dated August 30, 1985 on file in the Department of Planning and Development for Application 34-U-B5, including the following: Blue glazing and metal trim Sandblasted grey/white concrete 41, The equipment screen shall be a stucco or concrete material painted to match the color of the sandblasted grey/white concrete of the body of the building. • . - I Planning Commission Resolution No. 2695 34-U-85 25. 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 plan. If • such approval is witheld, 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 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. PASSED AND ADOPTED this 14th day of October, 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, MacKenzie, Sorensen , Szabo, and Chairman Claudy NAYS: None ABSTAIN: None • ABSENT: None ATTEST: APPROVED: /s/ Robert Cowan /s/ John Claudy Robert Cowan John Claudy, Chairman Planning Director Planning Commission • • - 4