Reso 25209-U-84
RESOLUTION NO. 2520
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
A TWO-STORY OFFICE BUILDING CONSISTING OF 81,000
SQ. FT.
APPLICANT: South Bay Construction and Development Company
ADDRESS: 511 Division Street, Campbell, California 95008
SUBMITTED: May 1, 1984
LOCATION: West side of Saratoga -Sunnyvale Road approximately
300 ft.. north of Prospect Road.
FINDINGS AND SUBCONCLUSIONS:
Approval is subject
the subconclusions
Commission meeting
CONDITIONS:
to the findings as set forth on Page i and
as set forth in the minutes of the Planning
of June 11, 1984.
1-14. STANDARD -CONDITIONS
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. APPROVED_EXHIBITS
That the recommendation of approval is based on Exhibits
A ist Revision, B 1st Revision, B-1, C 1st Revision, D
1st Revision, E, E-1, E-2 and Informational of
Application 9-U-84 except as may be amended by special
conditions enumerated herein.
16. FUT•URE-INGRESS/EGRESS_ EASEMENTS
The applicant shall record a covenant obligating existing
and future property owners to provide reciprocal
ingress/egress easements with the adjoining property to,
the north and south at such time in the future when the
City can require said property owners) to participate in
a similar agreement.
17.. PARTICIPATION_IN_MEDIAN COSTS
The. applicant shall participate in the cost of a median
for. Saratoga -Sunnyvale Road based on the applicant's
proportionate share of the cost. The proportionate share
will be determined by the City Council based upon benefit
formulas used to calculate assessment districts.
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C I T Y O F C U P:E R T I N 0
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 burdeniof proof required to support
said application; and
WHEREAS, the Planning Commission finds that the application meets the
following requirements:
I
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. i
9-U-84.
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Planning Commission Resolution No. 2520 ' (continued)
18. BICYCLE PARKING
The applicant shall install one secured bicycle locking
facility (bicycle locker) for every 6,500 square feet of
building area.
19. TREE_ PROTECTION
The applicant shall provide a plan for preservation of
the existing specimen trees on the subject property.
Said plan shall include graphic depiction of protection
devices to be installed along the dripline perimeter of
each tree for the duration of construction activities.
The plan shall include an evaluation from a Landscape
Architect outlining the effect of construction activity
upon the trees and detailing measures to ensure their
survival in accordance with Ordinance 778.
20. PEDESTRIAN EASEMENT
Pedestrian easements over the sidewalk area shall be
prepared by the applicant, reviewed by the City Attorney
and recorded on the subject property prior to issuance of
• building permits.
21. CONSOLIDATE_ PARCELS
L�
The applicant shall merge all existing parcels within the
project boundary into a single lot.
22. APPROVED USES
Approval is granted to allow construction of an 81,000
sq. ft. two-story office building which may permit
corporate and administrative office facilities or general
office facilities. Additionally, incidental commercial
facilities related to the office function may be
permitted an a case -by -case basis as approved by the
Director of Planning., Such uses may include a small
coffee shop or retail facility which is not directly
oriented to passing motorists or traffic on
Saratoga -Sunnyvale Road but internally oriented to the
office development.
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Planning Commission Resolution No. 2520 (continued) 9-U-84
23. CURB CUTS
The southerly curb cut shall be shifted to the southerly
property line and combined with the existing curb cut
serving the Coach House Shopping Center to the south.
Said combined driveway access off Saratoga -Sunnyvale Road
will require the movement of existing power pole which
should be shifted to the south approximately 30 ft. and
undergrounding of the utility lines +i-om
Saratoga -Sunnyvale Road to the first power pole in front
along the southerly property line. The curb cut plan
shall be approved by the Director of Planning except that
the Planning Commission shall informally review any plan
which requires the removal of an existing 24" diameter
Redwood tree located in the immediate vicinity of the
said curb cut.
24. UNDERGROUNDING_OF_UTILITIES
The applicant shall be responsible for one-half of the
cost of undergrounding the southerly property line
utility poles at such time in the future as the adjoining
property to the south redevelops. The applicant shall
sign a deferred agreement to obligate existing and future
property owners to participate in this improvement.
25. ROOF MATERIAL
The roof material shall be a terra cotta (clay) the
material similar in material, type, shape, and texture to
that utilized on the adjoining Galaxy Lighting building
to the north..
26. MODIFICATION _OF_THE _APPROVED _DEVELOPMENT _PLAN
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 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 may certify the change on the revised plan. If
such approval is witheld, the applicant may appeal to the
Planning Commission. If the changes are material, the
Director shall submit said changes to the Planning
Commission 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 my be
' made by an interested party. Further, any member of the
City Council may request. a hearing before the City
Council, said request to bs made within ten (10) days
from the date o+ approval - when the change has been
approved by ti-te Planning Commission.
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9-U-84
Planning Commission Resolution No. 2524 (continued)
27. The fountain plan depicted on the landscaping Exhibit C
1st Revision shall be installed.
29. The maximum height of lighting standards shall be 18 ft.
The lighting standards shall be spaced in a manner to
provide adequate lighting for security of the parking
lots and adjacent single-family residences. The light
standards may be augmented by low level lighting in
landscaping beds.
29. The rear (westerly border) 20 ft. landscaped setback
shall contain Evergreen trees to maintain a constant
visual screen.
PASSED AND ADOPTED this 11th day of June, 1994, 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, Claudy, Koenitzer, Szabo,
Chairperson Blaine
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
APPROVED:
/s/ James H. Sisk /s/ Sharon Blaine
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James H. Sisk Sharon Blaine, Chairperson
Planning Director Planning Commission
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