Reso 2370RESOLUTION NO. 2370
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVALTO CONSTRUCT A THREE-STORY
OFFICE BUILDING EQUALING APPROXIMATELY 62,000 SO. FT.
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APPLICANT: John Vidovich (Dr *Joseph Brown)
ADDRESS: 1307 South Mary Avenue, Sunnyvale, California- 94087
SUBMITTED: December 1, 1982
LOCATION: West side of De Anz,a,Boulevard ,'approximately 250 ft. north
of Lazaneo Drive and 450 ft. south of Mar ani Avenue
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FINDINGS AND ,SUBCONCLUSIONS
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 February 14, 1983.
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a
s PLANNING COMMISSION RESOLUTION NO. 2370 (continued)
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17.
The applicant shall install one secured bicycle locking facility
(bicycle locker) for every 6,500 sq o f t o of building area which may
be in lieu of equivalent oarking spaces. The term "in lieu" does
not require that the parking spaces be eliminated.
18o
Truck movements including refuse pickup on the site shall be restricted
in the same mariner as set forth in Section 100450030 of the Cupertino
Municipal Codeo
190
The applicant (or its.successors in interest) shall enter into an agree-
ment to join a car pool/'van pool ;program to be established by the City
of Cupertino, ISaid agreement, ma,y at " City e s option", include provisions
requiring applicant (or its suc-cesso:rs in interest) to provide by lease
or purchase, up to one (1) 12 -passenger van for each 25,000 so'. ft. of
employee -occupied floor area. Provisions of said vans is to be contingent
upon the success of the pilot program, success being defined as securing
an unpaid driver and sufficient paying passengers to pay the cost of
acquisition and operation.
20.
The approval is for a maximum of 629000 sq. f t o three-story office building.
The building may include industrial administration offices but shall
specifically preclude manufacturing. uses a All new uses or: change inuse
which is not reflective of the office uses shall require use permit review
as determined by the Director of Planning,.
21.
The applicant shall provide a Seismic Hazard Report prior to application
for building permit to verify that the normal earthquake regulations of
the Uniform wilding Code are .adequate to protect the building and its
inhabitants from the effect of a major earthquake.
22.
Modification of the Approved Development Plan or- a Building 'Permit
In the event that the applicant or subsequent property owner shall desire
to.make any minor change, alterationor amendment in the approved,development
plan or building permit., a'wrten-request and revised development or
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building permit shall be submitted to the Director of Planning and Development.
If the Director of Planning and"Development makes a finding that the changes`
are minor and do not affectthe general appearance of the area or;:the
interests of owners of property within or adjoining the development area,
the Director of Planning and Development may certify the chang':e on,the
revised plana If such approval 'is' withheld, the applicant may appeal to
the Planning Commission. If, the changes are material, the Director of
Planning and Development shall,'submit the change 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.' Furthers any member of the City Ceuncil may
request a hearing before tie Council, said "request to be made within ten
(10) days from date of approval when the change has been approved by -
-the
the Planning Commissions
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19-U-82
PLANNING COMMISSION -RESOLUTION NO. 2370 (continued)
23. The applicant shall comply with all requirements of the Central Fire
Protection District as detailed in their memorandum of January 5, 19830
24. The application is approved contingent upon a finding that there is
adequate sewer capacity for the pro,j.ect and'other undeveloped sites
in the affected trunk sewex :service area o If the capacity is not
available and 'the applicant cannot increase capacity via.employing
mutually accepltable mitigating measures, the project may not be recorded
and subsequent constructed.
25. Height is limited to 50 fta(t2 f-te) to. the top of the building roof
equipment screens as measuredfroi the; adjacent top of curb elevation
along De Anza Boulevardo The pad height shall not exceed 1 ft. above
the elevation of the adjoining top of.. curb on `De Anza Boulevard.
M�IC
26., The applicant/property owners shall record _a covenant entering into
reciprocal ingiress/egress. easements with the adjoining property owners.
The covenant shall continue the common driveway from Lazaneo Drive
through the property to the northerly east/west running driveway aisle,
thence, extending west to the westerly property line; and east to De Anza
Boulevard. Additionally, the covenant shall record an easement to the
60' x 80V
parcel lableled B Murphy99 on Exhibit A of Application 14-TMm82
27. The applicant/prop•erty owner agrees to participate in his.proportionate
share of major off-site street improvements of a local or communitywide
nature, such ais major improvements to the.intersection of .De Anza Boulevard
and Stevens CreekBoulevard. Said agreement shall include, but not be
limited to, agreement to participate sin a local improvement district,
or directly contribute to street improvements. If an assessment district
is formed, the applicant/'property owner's share would be determined by
a cosh benefit ratio as established by assessment district law. Boundaries
for'any district would be determined.at'a later date per assessment d%strict
law. The agreements to install the above improvements shall be submitted
and recorded prior to or in conjunction with.the issuance of building.p.ermits.�
ar l 8 at a re alar meed
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n of the
PASSED AND -ADOPTED this.l4th da of;�'ebru y, 9 39, g g
y
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote
AYES: .Commissioners Blaine, Claudy, Koenitzer, Chairman Adams
NAYS None
ABSTAIN: None
ABSENT: Commissioner Binneweg
APPROVED:
ATTEST:
/s/.James Ho Sisk
James H 0Sisk
Planning Director