Reso 2214RESOLUTION NO 2214
r OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
"W RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
A 379000 SQ. FT. OFFICE BUILDING.
APPLICANT Barry Swenson
ADDRESS: 701 North First Street, #2009.San Jose,
SUBMITTED May 1 1981
29®U-=80 (Revised)
California 95112
9 I
LOCATION: South side of Stevens Creek Boulevard approximately 400 ft. east
of Finch Avenue
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FINDINGS AND SUBCONCLUSIONS
ubject to the findings as set forth on Page 1 and
th in the minutes of the Planning Commssion•meeting
Approval is recommended s
subconclusions as set for
ofJune 8, 1981.
CONDITIONS.
1®140
15.
Standard Conditions to the extent that they do not conflict with the
special conditions enumeratedherein. In the event a conflict does
exist-, the ;special conditions as enumerated herein shall apply.
The approval is based upon Exhibits A9 B9 and C of Revised
Application'29-U_80
()
as may be amended by additional conditions contained herein.
16 That land use intensity shall.,be limited to an intensity that will not
generate more than.l6 one ay trips per acre during,the peak hour period..
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 Allocated to the'Project Area:
202 acres x 16 trips 3608
Trips Generated
369800 sq. ft. x ,1 trip per 15000 sq. ft. = 36.8
Surplus = 0
In the event a development does not utilize a full 16 trips per acre 'allotted
5
by the Trip End Performance S.tandard 9 the owner of record shall have the
ability to either retain, sell ,9 or transfer trips with other. ;property owners_
within the Stevens Creek Boulevard area subject to the procedures and require-
ments as listed in the Traffic . Intensity -`Performance Standard Policy Manual
as adopted by the Iity Council .All sales or transfers of trips shall be
filed with the Planning' Director and City Clerk. No sale or transfer shall
be finally consummated untila. use permit has been approved for the property
to which the trips are to.'be applied. The applicant shall record a covenant
to describe the trip acre constraint and the -total number of trips allocated
to the particular development at"."t-be time of development approval. The
covenant shall be worded in,a:manner to suggest that the future purchaser
of properties consult the�'ndividual use permit files to obtain an up-to-date
status report of trips allocated to each particular group.
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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 411
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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Planning Commission Resolution No. 2214
(continued)
29-U-80 (Revised)
17`a 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 Code.
18. The approval is for a 36,800 sgofto two-story office building A11
new uses or change it use which is not reflective of the proposed
office nature of this project,,shall require use permit review.
19a The applicant shad submit a cash deposit po to the City, to cover the cost
of installing and modifying the..sidewalk around the public street frontage
of the subject site and of - the adj o ni.ng Barclay's Bank site located.
to the west Thecashdeposit shall cover the cost. of modification to
existing landscape areas to accommodate the sidewalks Additionally, the
applicant shall agree to dedicate a public service easement on.'the
subject property If deemed necessary at some future date
20. The applicant sha l eliminate the northerly most drive off Pinch Ave
nue9
Located on the ad`oinin -clay's J g y �`s Bank site and replace the pavement
area with- landscaping. Also, , the' applicant shall modify the two ingress
egress driveways off Stevens Creek Boulevard which serve the adjoining
Barclay's., Bank site to conform to the City's ` 32 f t o commercial curb cut
standard. The westerly most driveway enlargement shall be shifted in an
easterly direction to' place the entrance as far from the intersection as
possible.
210 The applicant/owner shall provide reciprocal ingress/egress easements
between Parcels A and B of Application. 21 -TM -80a Said easement shall
be approved by the City, placed in escrow, and recorded simultaneously,
with any transfer of ownership at no cost to the City. Additonally9
the applicant shall record.a covenant agreeing to provide reciprocal
ingress/egress easements between. P`ar,cel B as identified on Exhibit A
of Application 21®TM 80 and the property to the east, at such time in the
future as the City can require the same of the adjoining property owner.
224 The applicant must demonstrate'approval to, connect up to the sanitary`
sewer system prior to obtaining building permits.
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PASSED AND ADOPTED this 8th day of June, '19819 at the regular meeting of the`
Architectural and Site Approval -Committee 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
ATTEST. APPROVED.
Robert Cowan
Assistant Planning
Director
/s/John Claudy
John Claudy, ChaIrman
Planning Commission