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Reso 2268 25-U-81 RESOLUTION NO. 2268 *1010 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO. CONSTRUCT ' A 9,200 SQ. FT. OFFICE BUILDING APPLICANT: Nicholas A. Speno, et al ADDRESS: . 1142 South Winchester Boulevard, San Jose, California 95128 SUBMITTED: November 2, 1981 LOCATION: Southwest corner of Stevens Creek Boulevard and Stern Avenue. FINDINGS AND SUBCONCLUSIONS.: Approval is recommended subject to the findings as set forth on Page 1 and sub- conclusions as set forth in the minutes of the Planning Commission meeting of December. 14., .1981. 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 as enumerated herein shall apply . 15. Architectural and Site Approval 1-7 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. The approval is based upon Exhibits A and.B of Application 25-U-81 as may be amended by special conditions contained herein. 17. The land use intensity is limited to an intensity that will not generate more than 16 one-way trips per acre during the peak traffic hour or • such other traffic constraints as imposed by the current General Plan. For the purposes of 16 one-way trips traffic intensity performance standard, the following accounting of trips is hereby incorporated into the project approval. Trips Generated by the Project: • Offices - 9 ,300 sq. ft. x 1 trip per 1,000 sq. ft. = 9.3 Trips Allocated to Project Site: .58 net acres x 16 trips per acre = 9.3 • Surplus = 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 trips Allocated to each particular property. - 2 - A CITY OF CUPERTINO , City Hall, 10300 Torre Avenue • Cupertino, California 95014 Telephone: (408) 252-4505 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. -1- (continued on Page 2) Resolution No. 2268 25-U-81 ® 18. The applicant shall obtain tentative parcel map approval and record a final map erasing all internal property lines and combining the parcels into one site. 19. The applicant as property owner shall record a covenant obligating existing and future property owners to participate in ingress/egress easements with the adjoining property to the west at such time in the future as the City can obtain the cooperation of the adjoining property owner. 20. A residential gateway treatment shall be implemented on Stern Avenue in the location as shown on the site plan. The applicant shall gain the necessary approval from the City of San Jose to install the easterly half of the gateway. This requirement is conditional upon San Jose's willingness to permit install- ation of the easterly half of the gateway. 21. The existing Alder trees along Stern Avenue shall be preserved. A tree protection plan prepared by a licensed landscape architect or tree surgeon shall be submitted at the building permit level. The plan shall be implemented during construction to ensure survival of the Alder trees. The plan shall address whether permeable paving materials and/or root feeders in the adjoining pavement areas are necessary. 22. A detailed landscaping plan shall be submitted to the Architectural and Site Approval Committee for informal review and approval prior to release of building permits. 410 23. Parking dimensions illustrated on Exhibit A do not meet the City standards. The parking stall site and backup dimensions shall be modified to meet the City standard details. The number of parking spaces may be reduced to equal 3.5 spaces per thousand square feet of gross building area. Compacts may be utilized for up to 25% of the total parking spaces on the site. The parking along the southerly property line may overhang the 15 ft. landscape area by one and one-half feet, however, the parking spaces along the westerly property line shall not overhang the five foot landscape planter strip. 24. The applicant shall demonstrate to the staff at the building permit level that lighting does not spill over into the adjoining residential properties. 25. Signing is approved per the Exhibit presented to the Architectural and Site mm' during their informal review. The sign shall be located as Approval Committee u g b shown on Exhibit A. The sign, illumination shall be subject to staff approval at the building permit level. 26. If, in the future, the location of the trash container becomes a nuisance to the neighborhood, it must be relocated. 110 - 3 - Resolution No. 2268 25-U-81 PASSED AND ADOPTED this 14th day of December, 1981, 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, Binneweg, Blaine, Koenitzer, Chairman Claudy NAYS: None ABSTAIN: None ABSENT: None APPROVED: • /s/ John Claudy John Claudy, Chairman Planning Commission ATTEST: James II. Sisk Planning Director - • • • - 4 - C