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Reso 2644 10-U-BS RESOLUTION NO. 2644 OF THE PLANNING COMMISSION OF THE CITY OF CUPER°: INO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT AN OFFICE BUILDING CONSISTING OF APPROXIMATELY 17, 300 Se. FT. • APPLICANT: WDT Development Company ADDRESS: 900 Welch Road, Suite 10, Palo Alto, California 94 03,-0854 SUBMITTED: March 1, 1985 LOCATION: Northwest corner of Randy Lane and Stevens Creek Boulevard 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 May 28, 1985. CONDITIONS: 1-15. STANDARD CONDITIONS Standard Conditions to the extent that they do not conflict with the special conditions as enumerated herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. 1 16. APPROVED EXHIBITS That the recommendation of approval is based on Exhibits A 1st Revision and B 1 st Revision of Application 10-U-85 except as may be amended by special conditions enumerated herein. 17. PROPERTY USE CONSTRAINTS The approval is granted to construct a two-story office building consisting of approximately 17,300 sq. ft. of gross floor area. Uses may include general , corporate and administrative office uses which shall specifically preclude manufacturing uses. All new uses or changes in use from those approved herein shall require use permit review as determined by the Director of Planning and Development. Prototype research and development activity is • permissible if conducted in concert with office functions or business establishments. Prototype "R & D" activities shall be regulated in accordance with guidelines, specified in the General Plan. 1 CITY OF CUP ER T I N O • City Hall, 10300 Torre Avenue410 Cupertino, Californial 95014 . Telephone: (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF Ti* 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 thatP,the application meets the following requirements: a. That the use or uses are in conformance with the general plan and is not detrimental to existinOuses or to uses specifically permitted in the zone in which their 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. Th At the proposed use is otherwisenot detrimental to the health, safety, peace, morals and general welfare of persons rem .ding or working in the neighborhood of such proposed use nor injurious to property and improvements in the neighbor- hor 1. • 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, subjectto 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. r 4 • • Planning Commission Resolution No. 2644 (Continued) 10-U-95 ' 1S. TRIP CONSTRAINT 410 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 Plan. For the purpose of the 16 ❑ne-way trip Traffic Intensity Performance Standard, The following accounting of trips is hereby incorporated into the project approval : TRIPS GENERATED BY THE PROJECT: = 17.3 TRIPS ALLOCATED TO THE PROJECT SITE: = 17.4 SURPLUS TRIPS: _ . 1 In the event that a development does not utilize the full 16 trips-per-acre alloted by the trip end performance standard, the owner of record shall have the ability to sell or transfer trips with other property owners within the Traffic Intensity Performance Standard Area. All sales sales or transfers of trips shall be filed with the Planning Director and City Clerk. No sale or transfer shall be finally consumated until a 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 the time of development approval . The • covenant shall be worded to suggest that future purchasers of properties consult the individual Use Permit files to obtain an up-to-date status report of trips allocated to each particular property. 19. RANDY LANE MEDIAN A median shall be installed on Randy Lane to prevent vehicles exiting the property from turning left. The design of the median shall be subject to staff approval . 20. PARKING Parking shall be provided at a ratio of one space for every 285 sq. f t. of gross floor area. 21 . BICYCLE PARKING The applicant shall install one secured bicycle locking facility (bicycle locker) for every 6,500 square feet of building area. Planning Commission Resolution No. 2644 (Continued) 10-U-85 22 CAR POOL/VAN POOL AGREEMENT 411 The applicant or successor in interest shall record a covenant agreeing to join a van pool/car . pool to be established by the City of Cupertino. Said covenant may, at the City' s option include provisions requiring the applicant or successor in interest to provide, by lease or purchase, up to one twelve (12) passenger van. Provision of said van is to be contingent upon the success of the private program, success being defined as securing a paid driver and sufficient paying passengers to defray the cost of acquiring and operating the vehicle. 23. REFLECTIVE GLASS The bronze reflective glass indicated on Exhibit B shall be consistent with the glass sample submitted in conjunction with this application. The purpose of this condition is to ensure that the glass installed is not highly reflective mirrored glass. 24. FUTURE INGRESS/EGRESS EASEMENTS The applicant shall sign an agreement to participate in a reciprocal access easement with the adjoining property owner (s) when said property owner (s) are obligated to participate in a similar agreement. The location of the easement shall not be specified at this time. 25. MOUND HEIGHT Landscaping mounds shall not exceed three feet in height. 26. GRADING The finished floor elevation shall not exceed three ft. above the top of the curb. The curb's height shall be measured at the southwest corner of the subject property. 27. PUBLIC IMPROVEMENTS The applicant shall dedicate 5 ft. and install a sidewalk, curb, gutter and half-street along Randy Lane. 28. 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 410 of building permits. 29. TRELLIS Trellis shall not be located in the public right-of-way. Planning Commission Resolution No.2b44(Continued) 10-U-85 30. LEGAL LOT 410 The applicant shall demonstrate the subject property is a legal lot prior to building permit approval . 31. LIGHTING The applicant shall demonstrate that the exterior lighting will not disturb or spill over onto nearby residential properties. 32. 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 be made within ten (10) days from the date of approval - when the change has been approved by the Planning Commission. TRAFFIC CIRCULATION SYSTEM The site plan shall incorporate a traffic circulation system which utilizes a one-way, right-turn in access from Stevens Creek Blvd with angled stalls against the west side of the building. The Randy Lane access is limited to a right turn exit. A median shall be installed on Randy Lane to prohibit left turns from the site. The architectural design shall be modified by' "jogging" the building or "cutting out" part of the building in the southeast corner in order to create greater architecural interest. The final design shall be approved by the City Council . 410 4 • • Planning Commission Resolution No. 2644 (Continued) 10-U-85 PASSED AND ADOPTED this 28th day of May, 1985, 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, Mackenzie, Sorensen, Szabo, Chairman Cl a.udy NAYS: None ABSTAIN: None • ABSENT: None ATTEST: APPROVED: • is/James H. Sisk _1sLJohn_ James H. Sisk • John Claudy, Chairman Planning Director Planning Commission • • • • • • • , i f • • 5 • i ' I