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Reso 2238 19-U-81 RESOLUTION NO. 2238 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL TO CONSTRUCT A THREE-STORY OFFICE BUILDING EQUALING APPROXIMATELY 105,000 SQ. FT. APPLICANT: Sobrato Development. Companies ADDRESS: 20700 Valley Green Drive, Cupertino, California 95014 SUBMITTED: August. 7, 1981. LOCATION: Southwest corner of De Anza Boulevard and Lazaneo Drive 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 September 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. This approval is based upon Exhibits A, B and C of Application 19-U-81 as may be modified by additional conditions contained herein. 16. The approval of the construction of 105,000+ gross sq. ft. of building area is contingent upon the transfer of trip capacity from other sites within the North De Anza Boulevard area. The applicant shall be required ® to modify the use permit from the transferring sites to reflect the lower trip generation factor and modified uses prior to issuance of building permits for the subject structure. The land use intensity shall be 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 trip traffic intensity performance standard, the following accounting of trips is hereby incorporated into the project approval. Trips Generated by the Project: Offices - 105,000 sq. ft. x 1 trip per 1,000 sq. ft. = 105 Trips Allocated to Project Site: 3.88 gross acres x 16 trips per acre = 62 Trips to be Transferred from Properties in North De Anza Boulevard Area = 43 All sales or transfers of trips must be filed with the Planning Director and City Clerk. No sale or transfer shall be finally consummated until a use permit has been approved for the property to which the trips are to be applied. Existing developments from which trips are being transferred 411 -2- CITY OF CUPERTINO City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 41) RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEEND- 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 111 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) 19-U-81 • Planning Commission Resolution No. 2238 must also modify the use permits to reflect the change in use and/or trip greneration factors. 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 the 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. 17. The applicant shall install one secured bicycle locking facility for every 6,500 sq. ft. of building area which may be in lieu of equivalent parking spaces. The term "in lieu" does not require that the parking -. spaces be eliminated. 18. Truck movements including refuse pickup on the site shall be restricted in the same manner as set forth in Section 10.45.030 of the Cupertino Municipal Code. 19. The applicant (or its successors in interest) shall enter into an agreement to join a car pool/van pool program to be established by the City of Cupertino. Said agreement, may at City's option, include provisions requiring applicant (or its successors in interest) to provide by lease or purchase, up to one (1) 12-passenger van for each 25,000 sq. 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 105,000 sq. ft. and a minimum of 70,000 sq. ft. three-story office building. The building may include industrial administration offices but shall specifically preclude manufacturing uses. Specific size of the building, within the above square footages, and the use or elimination of the parking structure shall be subject to staff approval. All new uses or change in use which is not reflective of the office uses shall require use permit review. 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 building 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, 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 of Planning and Development 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 of Planning and Development may certify the change on the revised plan. 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 -3= 19-U-81 Planning Commission Resolution No. 2238 ® 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. Further, any member of the City Council may request a hearing before the Council, said request to be made within ten (10) days from date of approval - when the change has been approved by the Planning Commission. 23. The applicant shall comply with all requirements of the Central Fire Protection District as detailed in their memorandum of June 26, 1981. 24. The application is approved contingent upon a finding that there is adequate capacity for the project and other undeveloped sites in the affected trunk service area. If capacity is not available and the applicant cannot increase capacity via employing mutually acceptable mitigating measures, the project may not be recorded and subsequently constructed. PASSED AND ADOPTED this 14th day of September, 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, Koenitzer, Chairman Claudy NAYS: None ABSTAIN: None ABSENT: Commissioner Blaine APPROVED: /s/ John Claudy John Claudy, Chairman Planning Commission ATTEST: 244'4-4152&-\44 James H. Sisk Planning Director -4-