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
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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.
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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.
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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.
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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
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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
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