Reso 4128Application 31 U-88
C ITY OF CLTPERT INTO
10300 TORRE AVENUE
CUPERTINO, CA 95014
RESOLUTION NO. 4128
OF THE PLANNING CopMsSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONVERT
THE PRIOR SAVINGS AND LOAN PORTION OF AN EXISTING
BUIILDING.OF 10,000 SQ' FT' TO ALMTISTRATIVE OFFICE USE,
AND TO ALLOW OUTDOOR DISPLAY OF AUTOMOBILES
FOR ADVERTISING PURPOSES.
SECTION Io FINDINGS
Wes, the Planning Com-aission of the Cityof Cupertino pertno received an
application for a Use Permit
and as described on Page 2 of this Resolution;
_. WHEE2EAS, the applicant has met the burden of proof required to support
Said application; and
&VIiEREAS, the Planning COMMission finds than the application meets the
following requirements:
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Resolution No. 4128 (31 U-88) 1/23/89
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SECTI q II: DESCRIPTION OF PROJECT
Application No(s):
Applicant:
Property Owner
Location:
Parcel Area
(Acres)
31 U-88
Donald Lucas
Mat'ix _Bnc sties
Southwest corner of Stevens Cr.dc Boulevard.
and Finch Avenue
84 Acres
SECTION III: CONDITIONS AMMSTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET RUROVENENTS AND DEDICATION
Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
DIM I. 021
Curbs: gutters and sidewalks and structures shall be installed to
grades I and. be constructed in accordance with standards specified by
the City Engineer.
The applicant may construct an enlarged wheel chair curb ramp at the
northeast corner which may be used for vehicle movements to and from
the outdoor display area. Specifications for said ramp, and for
reconstruction of the ,adjoining ` sidewalk gutter andcurbing shall be
provided to the satisfaction of the City Engineers
3. LIaiT'1:NG
Street lighting shall be installed as. required by the City Engineer.
All on the Off -site lighting shall be designed to in no way interfere
with adjacent areas and shall be no higher than the maximm height
permitted by the zone in which the property is located.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAFFTC CONTROL SIGNS
Traffic the City.: control signs shall be plate at locations to be specified by
6. STREET TREE
Street I trees will be planted i.n;the public right -of way and shall be
of a type approved by the City in accordance with the Stevens Creek
Boulevard Sidewalk Plan and Conceptual, Zoning Plano
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• Resolution No. 4128 (31 U-88) 1/23/89
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7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance No. 214(a)o
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
9. UNDERGROU D _UTILITIES
The developer shall be responsible for complying with the requirements
of the Underground Utility Ordinance No. 331 and other related
ordinances and regulations of the City of Cupertino, and shall make
the necessary arrangements with the utility companies involved for the
installation of said facilities. The developer shall submit a
detailed plan showing utility underground provisions. (This plan must
have prior approval of the utility companiesand the City Engineer.)
10. DEVELAI! AMMENT
The project developer shall enter into a development agreement with
the City of Cupertino providing for payment of fees, including but not
limitedto checking and aon fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
SECTION IV: CONDITIONS ATMMsTERED BY TFE RIANNING DEPART'
llo APPROVED MnBITS
That the recommendation of approval is based on the plan set dated
12/15/88 (4 sheets)- of Application 31 U=s8 except as may be amended by
additional conditions enumerates. herein.
12. MODIFICATION OF APPROVED DEVELORvMT PIS
In the event that the applicant or subsequent property owner shall
desire, to make any minor changes, alterations or amendment of the
approved development plan, a written request orrevised development
Plan shall be Submittedto the Director of Planning and Development.
If the Director makes a finding that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said changes may be certified on the revised plan. If
approval of said .changes is withheld, the applicant may appeal to the
Planning Commission.
if the Director finds that, the requested changes are. material such
changes,. shall be referred to the P1
the changes are denied b the Pl arin: ig fission for approval. If
y g Commission, the applicant may
appeal `to the City Council as'provi ed Commission,
Ordinance No. 6520
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Resolution No. 4128 (31 U-88) 1/23/89
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If said changes are approved by the Planning Commission,, an appeal may
be made to the City Council by any interested party. Further, any
Member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days from the date of approval of said changes by the
Planning Canni.ssiona
13. TRIP CONSTRAINT
The land use intensity shall be limited to an intensity that will not
generate more than 16 one-way trips per acre at the peak traffic hour
or such other traffic constraints as may be imposed by the current
General Plano For the purpose of the 16 one-way trap Traffic
Intensity Performance Standard, the following accounting of trips is
hereby incorporated into the project. approval.,
MIPS GATED BY TIDE PRMCTo
Existing office Use: 6.5 K.S.F. @ 1 trip/1 K.S.F. = 6.5 trips
Proposed Office Use: 3.5 K.S.F. @ 1 trip/l K.S.F. ® 305 triTOTAL ers
1000 trips
Trips T.ransferredo (from residential sate) 2.2 traps
0.844 Acres x 160 1305 triers
TOTAL 1507 trips
SLTRPWS 5.7 TRIPS
Prior to issuance of building permits, the applicant shall record a
covenant to describe the trip -acre constraint and the total number of
trips allocated to the Particular develOPUent at the time of
developwnfuture put approval. The covenant wall be worded to suggest that
purchasers of properties Consult the individual use permit
files to obtain an up-to-date status report of trips allotted to each
particular property.
The applicant shall also record a covenant on the transferring site(s)
to reflect, the reduction of trip credits available on said`site`(s),
prior 'to issuance of building permits for the subject development
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All sales or transfers of trips shall be filed with the Planning
Director and City Clerk. No sale or transfer shall be finally
use perm
consummated until a it has been approved for the property to
which the traps are to be applied.
14. PROPERIV USE CONSTRAINTS
Use of the entire building is limited to general, corporate and
administrative office activity
-41 and specifically excludes
manufacturing, medical office use and banking and savings and loan
uses,
Resolution No. 4128 (31 U-88) 1/23/89
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Prototype research and development activity is permissible if
conducted in concert with office functions or business
establishments. Prototype 00R & D°° activities shall be regulated in
accordance with guidelines specified in the General Plano
Hours of business for customer contact are limited to 8000 AM to 8000
PM Monday through Friday, and 10000 AM to 4000 PK on Saturday; no
hours on Sunday, The Commission reserves the right to initiate a
public hearing to further restrict hours of operation upon receipt of
a complaint within the first year.
15. >PARICTG
Parking shall be provided at a ratio of one space for every 285 sqo
ft' of gross floor area which is determined to be 10,000 sqo ft.
according to the plan set describe an Condition 11 of this use
permit.
No more than five (5) Parking spaces at the rear of the building may
be use for keeping of unregistered, unlicensed vehicles.
16. ITGHT NG CONTROLS
Dior to issuance of building permits. the applicant shall submit for
informal Architectural Committee Review a lighting plan concerning
existing and proposed, area lighting and security fixtures. The
lighting plan shall describe the mixtures by type of illumination
07-4ce, and shall contain specifications for shielding devices to be
fitted as necessary to preclude Off -site light intrusion'impacts to
nearby residential properties. Lights shall be shielded so there is
no view of the source and the illumination shall be contained; within
the property,
17. FIRE SAFETY R_mnitr�S
Concurrently with review of building pests, the applicant small
demonstrate compliance with fire safety equipment requirements as
specified by the City.
18o vEHiCI:E DISPLAY RESTRICTIONS
All vehicles displayed for sale and visible to any public street shall
be places with all tires in contact with ground. use of elevating
ramps is prohibited.
A. maximum of three (3) vehicles may be displayed at the north side of
the building in the exterior pave area. No other outdoor display of
vehicles is allowed. Displayed vehicles shall be used for advertising
purposes and similar promotions, but shall not be used for test
driving or on -road demonstration.
Resolution No. 4128 (31.U-88) 1/23/89
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19. SECURITY PLAN
Prior to issuance of construction permits, the applicant/operator
shall submit a security plan for protection of vehicles displayed
outdoors. Use of bollards for outdoor display area security is
prohibited' Alternative security Measures shall be provide along the
Stevens Creek Boulevard frontage, These measures may include a high
curb at the rear of the landscape planter, rem of displayed
vehicles to the enclosed storage building or off -premises during
nonbusiness hours, or other measures acceptable to the staff in
consultation with the Sheriff Is Office with finial approval by the
Architectural and Site Approval Comnittee. Burglar alarms shall be
restricted to the silent operatic type o%ily.
20. CAR STORAGE BUILDING
The oar storage building depicted on Sheet 1 shall be subject to a
deed restriction prohibiting its conversion to habitable, leasable
floor space without prior approval by the City of a use permit. The
storage buil ° d�,ng ° s floor dimensions shall be adjusted to carnply with
City standard parking aisle dimensions, and to maintain the exist ng
three foot wide planter area on the westerly site
boundary.
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I; An alternate location for the storage building shall be identified at
the building permit stage, subject to approval by staff ' and ttze Villa
Calabazas Homeowners Assocationso Said ° building
da.ng shall equipped
frith dental style garage doom instead of the roll up steel doors
depicted -on the plan set.
21. DISPLAY PATTO ACCESS
Vehicle cement to the Stevens Creek Boulevard: frontage display.area
shall be limited to the foila,ring options.-
A) Provide an enlarged wheel, chair rwp at the corner for 'occasional
use in moving vehicles, and reconstruct adjoining. curb and gutter
as requiredby the City Engineer, as described in Condition 2 of
this resolution.
B) Access the display patio only from within the building showroom.
22. 1ANDSCAD R�nrrrravrs
The building permit plan set shall reflect compliance with the
following.
A) Relocate the Stevens Creek Boulevard frontage sidewalk to provide
` a 10 ft. wide parkway plant°IM area as required by the Stevens
Creek Boulevard Sidewalk Plana Owner shall Provide appropriate
easement docmients allowing,',,° p ppropriate
publsc sidewalk access on private
property. Transitional alignments shall be provided between the
new sidewalk and the odsting sidewalks to the west and on the
Finch Avenue frontage, as required by the City Engineer.
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resolution No. 4128 (31 U-88)
Page— 7 e 1/23/89
The applicant shall retain the option to defer said sidewalk
relocation based on a written agreement acceptable to the City,
which shall note that imPrOvWent of the Mercury Savings or SCV6VD
site would trigger City Council review of the subject site for
inpleTnentation of the sidewalk improvements.
Provision of frontage landscaping in accordance with section 7 of
the Conceptual Zoning Plan for Sirens Creek Boulevard. Hardscape
surface for outdoor vehicle display may be included within the
frontage landscape area. Final landscaping and planting details
will be subject to ASAC review prior to initiation of the approved
use. Trellises and the existing monument sign shall be removed.
23 o I�tOFaBJ ON OF 7TST_MUVMG
Test driving of vehicles shall not be Witted as part of the
automotive related office uses authorized under this use permit.
24. PROEUB TION OF NOISREIMIG DEVICES
No Public adress system.- Page system Powered megaphone or similar
noisemaking device shall be permitted outdoors at any time.
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25 o CANOPY AM F=cTION
The Proposed "space frame°° canopy projection distance from the north
nr r7.1 of the ]wilding shall be reduce to approximately one half that
shown on the approved plan seta
PASSE AND ADOPTED this 23rd day of January,, 1989 at a
the Pl Regular Meeting of
ann ng Ccatmlission of the City of Cupertino, State of California, by
the following roll call vote. -
AYES: oSorensen,,
SorensehB ClaudyMackenzie., CdLo AdamsNOESo —COMMISSIONERS: None
ABSTAIN: SSIONER,So None
ABSENT oI COWUSSIONERS: None
ATTEST a
/ s / Roh;er t Cowan
Robert Cowan
Director of City Dpvelopumt
(Cl) (RES31U88) ( OS)
/s/ Victor J ° Adams
Victor Ja ems, Chairan
Cupertino Planning Commission