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.
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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.
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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
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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 -
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