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Reso 2549f ' • 13-U-84 RESOLUTION NO. 2549 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT .A ONE-STORY OFFICE BUILDING CONSISTING OF 6,900+- S . FT. APPLICANT: Don L. Beck Associates, Inc. ADDRESS: 10011 North Foothill Boulevard, • Cupertino, California 95014 SUBMITTED: July 2, 1984 LOCATION: Southeast corner of Foothill Boulevard and Cupertino Road FINDINGS AND SUBCONCLUSIONS: Approval is subject to the findings as set forth on Page 1 and the subconclusions as set forth in the minutes of the Planning Commission meeting of August 27, 1984. CONDITIONS: 1-15. 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. ® RP .Y 16. APPROVED EXHIBITS That the recommendation of approval is based on Exhibits A, A-1, B, and B-1 of Application 13-U-84 except as may be amended by special conditions enumerated herein. 17. FUTURE INGRESS/EGRESS EASEMENTS The applicant/property owner shall sign an agreement to participate in a reciprocal access easement with the adjoining property owner (s) to the south when said owner (s) are obligated to participate in a property 9 P P similar agreement. 18. ACOUSTICAL BARRIER • The applicant shall install a solid acoustical barrier at the perimeter of the site adjacent to the parking area. Said acoustical barrier shall be reviewed by and constructed under the supervision of an acoustical • engineer to maximize reduction of noise levels from the parking area. • 411 -1- • 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 RECOMMENDING 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 ill 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. S • Planning Commission Resolution No. 2549 (continued) 13-U-84 19. TREE PROTECTION The applicant shall provide a plan for preservation of the existing 30" Pine tree on the subject property. Said plan shall include graphic depiction of protection devices to be installed along the dripline perimeter of said 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 tree and detailing measures to ensure its survival in accordance with Ordinance 778. 20. CONSOLIDATE PARCELS The applicant shall merge all existing parcels into a single lot excepting the corner triangular parcel under Mr. Jackson's ownership. 21 . FRONT YARD SETBACK The building shall be shifted in an easterly direction to achieve a minimum front yard setback of 18 ft. from property line to building wall . 22. GRADING The grading is approved per Exhibit A-1 with the stipulation that the grade levels for the parking area and building pad at the final building permit stage may be increased by approximately 2 ft. The intent of this condition is to allow fill to decrease the grade difference between the subject property and adjoining existing and potential office/commercial properties to the south and to improve a potential draining problem. Also, the 2 ft. limitation is intended to ensure that a potential retaining wall located on the eastern border will not exceed 2 ft. which would keep a fence height to a maximum of 8 ft. as measured from residential properties. 23. RECIPROCAL INGRESS/EGRESS The applicant shall enter into a reciprocal ingress/egress easement with the adjoining office building to the south. Said easement shall be located at the northeasterly corner of the adjoining office parcel with a ramp drive down to the back parking area of the applicant' s site, thereby eliminating two parking spaces on the applicant' s plan. The applicant shall be responsible for costs of all construction on his property and the adjoining property owner responsible for modifications on his property to accommodate said reciprocal ingress/egress easement. Planning Commission Resolution No. 2549 (continued) 1:3-U-S4 • 24. FOOTHILL BOULEVARD CURB CUT The applicant shall remove the curb break on Foothill Boulevard and replace it with vertical curbing and sidewalk area consistent with the remaining frontage on Foothill Boulevard. 25. LANDSCAPING • The eight parking spaces located off Cupertino Road shall be shifted westerly approximately 8 ft. and reduced in size to an 18 ft. depth to accommodate a minimum of setback area from driveway curb to the adjoining residence of 15 ft. 26. INFORMAL ASAC REVIEW The applicant shall return to the Architectural and Site Approval Committee for informal review of the acoustical wall , frontage landscape details_, and lighting details. 27. 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 withheld, 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 be made within ten ( 10) days from the date of approval - when the change has been approved by the Planning Commission. • • • • Planning Commission Resolution No. 2549 (continued) 13-U-84 • PASSED AND ADOPTED this 27th day of August, 1954, 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 James H. Sisk Sharon Blaine, Chairperson Planning Director Planning Commission 111 • 411 --4-