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Reso 2649 21-U-84 RESOLUTION NO. 2649 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO EXPAND AN 41, EXISTING SINGLE-STORY OFFICE BUILDING TO A TWO-STORY OFFICE BUILDING WITH 15, 700 'SG!. FT. • APPLICANT: Michael Weber and Fred Michaud ADDRESS: ' 10080 North Wolfe Road, Building SW-3, Suite 250 Cupertino,. California 9 014 SUBMITTED: April 23, 1984 LOCATION: Southwest corner of Miller Avenue and Richwood . Drive 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 June 10, 1985. The Commission finds that landscaping maintenance of the existing single-family residence is° a key factor in the decision to recommend approval of the application. 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. 16. APPROVED EXHIBITS That the recommendation of approval is based on Exhibits A, A-1 , €r, and B-1 of Application 21-U-84 except as may be amended by special conditions enumerated herein. 17. 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 • Plan. For the purpose of the 16 one-way trip Traffic Intensity Performance Standard, the following accounting of trips is hereby incorporated . into the project approval : • TRIPS ALLOCATED TO THE PROJECT SITE: 1. 04 ac.x 16 = 16.6 TRIPS GENERATED BY THE PROJECT: -41, Residential . 75 /DU x 1 = .75 . Office (maximum) 1 trip/1 , 000 sq.. ft. x 15.85 = 15.85 • TOTAL = SURPLUS = 0 -1- CITY OF CUPERTINO 411 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 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 4dequate 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 aai the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons reOding or working in the neighborhood of such proposed use not injurious to property and improvements in the neighbor- how1. 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. 1 Planning Commission Resolution Nn. 2649 (continued) 21-U-84 In the event that a development does not utilize the full- • 16 trips-per-acre allotted by the Trip End Performance • 110 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 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 _ 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. • 18. 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. 19. 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. 2649 (continued) 21-U-84 20. LANDSCAPED GATEWAY • The applicant shall be fully responsible, for installation and maintenance of a landscaped gateway at the intersection of Richwood Drive and East Estates Drive. The .final alignment and design of the median/gateway treatment shall be subject to review and approval by the City Council . The applicant shall be reimbursed for one-half of the gateway improvement costs at said time as the City is able to conditionally approve a ,subsequent development proposed on the adjoining former "Brentwood Market" site. 21. MASONRY WALL • The applicant shall install a masonry wall (minimum 6 ft. height) along the westerly edge of the parking lot and • along the southerly property line. 22. LANDSCAPING • The applicant shall prepare a detailed landscaping plan which shall be informally reviewed and approved by the • Architectural and Site Approval Committee prior to • release of building permits. "7Y7C. APPROVED USES ® Approval is granted to add approximately 10,700 sq. ft. to an existing .5,000 sq. ft. office building for a total • of 15, 700 sq. ft. Allowed uses shall include professional and administrative offices. Additionally, • prototype research and development is permissible if • conducted in consort with office functions of a business establishment. Prototype research and development is • defined i0 the City's General Plan. • 24. CAR POOL/VAN POOL The applicant shall enter into an agreement to join a car pool/van pool program to be established by the City of Cupertino. Said agreement, may at City' s option, include • provisions requiring applicant (or its . successors in . interest) to provide, by lease or purchase, up to one (1 )- 12-passenger van for each 25, 000 sq. ft. of • employee-occupied floor area. Provisions of said ' vans is • to' be contingent upon the success of the pilot program, success 'being defined as securing an unpaid driver and sufficient paying passengers to pay the costs of acquisition 'and operation. • 25. BICYCLE PARKING 111, The applicant shall install one secured bicycle locking facility (bicycle locker) for every 6,500 square feet of • building area. -3- • • • Planning Commission Resolution No. 2649 (continued) . 21-U-84 • • 26. BUILDING MATERIALS • 410 Materials include horizontal wood and slumpstone block siding and a tile roof. The windows may incorporate a minor reflective characteristic but may not use a mirror glass, subject to approval of staff at the building permit level . 27. FINISHED FLOOR HEIGHT • Finished floor shall not exceed three feet above the lowest top of curb elevation adjoining the site. • 28. MAINTENANCE IN THE RESIDENTIAL LANDSCAPE AREA The applicant shall record a covenant running with land, obligating existing and future property owners of the office parcel to maintain the publicly visible perimeter landscaping of . the residential lot located at the southeast corner of East Estates Drive and Richwood Drive. Maintenance shall be defined to include keeping the front and side yard landscaping reasonably trimmed, free from visible weeds and debris, and in good order as determined by the City of Cupertino. Additionally, the applicant shall prepare a maintenance . easement covering said area which shall be placed in • Escrow and recorded simultaneously with any transfer of ownership or interest in the above mentioned residential or office parcels. . • 29. IMPROVEME_NTS TO EXISTING RESIDENTIAL UNITS The applicant shall clean up, paint, and landscape the front yards of the two residential units located on East Estates Drive on lots commonly referred to as Assessor' s Parcel Numbers 369-07-035 and 369-07-036. 30. MINOR LOT LINE ADJUSTMENT • The applicant shall apply for a minor property line adjustment as depicted on the approved exhibits and shall . combine- the office parcel including the triangular shaped' area north of the residential parcel , into one lot. • • • a . • • -4- • Planning Commission Resolution No. 2649 (continued) 21-U-84 410 31. RESIDENTIAL SETBACK: STANDARDS • Future ' additions to the single-family residential unit shall conform with the setback requirements of the R1 zoning district. PASSED AND ADOPTED this 10th day of June, 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, Vice Chairman Szabo NAYS: None ABSTAIN: None ABSENT: Chairman Claudy ATTEST: APPROVED: /s/Nicholas Szabo James H. Sisk Nicholas Szabo, Vice Chairman Planning Director Planning Commission • • • --5-