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Reso 1655A _ 2-U-77 RESOLUTION NO. 1655 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO n= RECOMf ENDING THE APPROVAL OF A USE PERMIT TO CONSTRUCT U40 INDUSTRIAL BUILDING'S TOTALING APPROXIMATELY 50,400 SQ FT IN A PLANNED DEVELOPMENT ZONE. APPLICANT Devcon Construction, Inc ADDRESS: 425 Lakeside Drive, Sunnyvale, California 94056 SUBMITTED o January 21, 1977 LOCATION: Westerly'of and adjacent to Bandley Drive approximately 500 ft. northerly of the intersection of Bandley Drive and Alves Drive ZONE: P (Planned r Development with Commercial/Indus"trial/Residential (4.4-10) land use intent) FINDINGS AND SUBCONCLUSIONS o 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, 1977. CONDITIONS: l 1-14. 14 Standard Conditions to the extent that they do not conflict with the special, condi tions enumerated he eino In the event a conflict ct does exist, the special conditions . `enumerated herein shall Apply. 15. The approval is (based upon Exhibits A ist Revision and B of application 2-U-77, as may be modified by the conditions contained herein 16. That the property shall provide potential tenants with a written notice regarding potentIial traffic problems within the area o Said notice shall stipulate that the City reserves the right to review compliance with the 16 trip -end traffic constraint at any time in the future and 'should the City determine that the constraint is exceeded the City may impose additional measures to ensure compliance. Said measures include but are not limited to -the following: A) Staggering of work hours. by the tenants. b) Tenant organized car pooling programs and/or County transit bus pooling programs° A copy of said writtennotice shall be signed by the lessee and forwarded to . the City prior to occupancy of the building o 17. 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 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 approvals Trips allocated to Drolect area Resolution No. 1655 (continued) 2®U-77 Traps generated by use 3.97 net acres x 20 x 29 70 used trips 33 Surplus trips 0 In the event the development does not utilize,a full 16 trips per acre allotted by the 'traffic Intensity Performance Standard, the owner of record shall have the ability to either retain, sell,- or transfer trips with other property owners within the Stevens Creek Boulevard study area. All sales or transfers of trips -shall 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. The applicant shall,;record a covenent to describe the trip®end constraint and the total number of trips allocated to the particular development at. the time of the development approval. The covenant shall be worded in a manner to suggest that the future purchaser of properties consult the City files, conceptual zoning file and individual use permit files to obtain an up-to-date status report of the total number of trips allocated to each particular property. The applicant shall submit documentation from the seller of trips- identified ripsidentified above indicating that trips have been transferred to the applicant 18a That the applicant shall install a'mini cul-de-sac at,the terminus - of Garden ,Gate Drive and shall participate in partial improvements for a mini, -cul-de-sac at the terminus of Hanford Drive. The mini cul-de-sac at Garden Gate Drive shall be installed.in conjunction°with this application! Said plans shall be presented to the Architectural and Site Approval Committee. 19. The applicant shall prepare an acoustical noise analysis to determine the height of the acoustical sound wall required along the westerly and southerly boundaries Said report shall be prepared and submitted to the Architectural and Site Approval Committee. 20`o The Architectural and Site Approval Committee shall review the amount of landscaping along the northerly side of Building B for adequacy. The Architectural and Site Approval Committee shall have the ability to increase the amount of landscaping in this area should they deem it necessary. 21. The applicant shall sign a statement agreeing to provide joint ingress/ egress easements with the property to the north. The agreement shall stipulate that tie City will not require implementation,df said ease- vents until the Clay can require the same of the adjoining property owner. Said agreement shall further stipulate that the applicant agrees to mutually participate in the private drive improvements.and common maintenance agreements "for the common usage of the northerly drive with the property to the north. The agreement shall be subject to approval of the City Attorney° 22. The applicant shall installone,secured bicycle locking facility for every 6 ,0500 sq. f t o 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. -3- • 2-U-77 Resolution No. 1655 (continued) 110 23. 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. • PASSED AND ADOPTED this 14th day of February, 1977, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Blaine, Koenitzer, Markkula, Chairman Adams NAYS: None ABSENT: Commissioner Gatto ABSTAIN: None APPROVED: • • Victor J,c' Adams, Chairman 4110 .. Planning Commission ATTEST: 2Areet Robert Cowan Assistant Planning Director 110 -4-