Reso 2663 22-U-e5
RESOLUTION NO. 2663
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
III RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A
THREE-STORY, 38,700 SO. FT. OFFICE BUILDING.
APPLICANT: Beim and James Properties III
ADDRESS: 3000 Sand Hill Road, 3/110, Menlo Park, California
94025
SUBMITTED: June 3, 1985
LOCATION: West side of North De Anza Boulevard approximately
130 ft. north of Valley Green 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 July 10, 1985.
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.
110 16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibits
A, A-1 1st Revision, B, B-1, B-2 and C of Application
22-U-85 except as may be amended by special conditions
enumerated herein.
17. PROPERTY USE CONSTRAINTS
Approval is granted to construct a three-story office
building consisting of no more than 38,700 sq. ft. of
gross floor area. Gross floor area shall not include
the atrium/courtyard area and exterior balconies which
shall not be occupied or leased for business purposes.
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 a use permit review
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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" •
410 activities shall be regulated in accordance with
guidelines, specified in the General Plan.
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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 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 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.
Planning Commission Resolution No. 2663 (Continued) 22-U-85
410 18. 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 GENERATED BY THE PROJECT:
• 38,700 sq. ft. x 1.0 trip ends/1,000 sq. ft.= 38.7
TRIPS ALLOCATED TO THE PROJECT SITE:
2.23 net acres x 16 = 35.7
TRIPS TRANSFERRED FROM TYMSHARE " = 3.0
TOTAL = 38.7
Prior to issuance of a building permit, the Planning
Department shall research the City's records to
determine whether the 3 trips from Tymshare are
411 available or if they have been credited to another site.
If they are available, the applicant shall record a
covenant to describe the trip-acre constraint and the
total number of trips allocated to the development,
including the three trips from Tymshare. The covenant
shall be worded to suggest that future purchasers of the
property consult the individual Use Permit files to
obtain an up-to-date status report of trips allocated to
the property. If the trips from Tymshare have been
credited to another property, , the applicant shall return
to the Planning Commission under Unfinished Business.
The Planning Commission shall then determine whether to
permit the applicant to construct the proposed building
at 37,800 sq. ft. or reduce the building to 34,800 sq.
ft.
In the event the development does not utilize the full
16 trips-per-acre allocated 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 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.
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Planning Commission Resolution No. 2663 (Continued) 22-U-85
110 19. DEMOLITION REQUIREMENT
All existing structures on the site shall be removed
prior to or concurrently with recordation of the final
map. The applicant shall assume the responsibility to
obtain all required demolition permits in accordance
with City Ordinances.
20. PARKING
Parking shall be provided at a ratio of one space for
every 285 sq. ft. 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.
22. VAN POOL/CAR POOL AGREEMENT
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. INGRESS-EGRESS EASEMENTS
North: The applicant may . erase the existing
ingress-egress easement between the subject property and
the adjoining northerly property, subject to the
approval of the northerly property owner. The existing
common driveway along the westerly property line shall
be retained.
South: The applicant shall sign an agreement t❑
participate in a reciprocal access easement with the
adjoining southerly property owners) at such time as
said property owner (s) are obligated to participate in a
similar agreement.
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Planning Commission Resolution No. 2663 (Continued) 22-U-85
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24. BUILDING MATERIALS
The tinted glass and granite shown in Exhibit B shall
consist of a greenish color.
25. 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.
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PASSED AND ADOPTED this 10th day of July, 1985, at a regular
adjourned 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 Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
jsLRobert Cowan /s/John Claudy
Robert Cowan John Claudy, Chairman
Planning Director Planning Commission
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