Reso 2669 1
23-U-85
RESOLUTION ON NO. 2669
®
OF THE PLANNING COMMISSION OF THE CITY OF CUPERT I NO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
A SINGLE-STORY 6,350 SQ. FT. COMMERCIAL/OFFICE
CENTER.
APPLICANT: Dirk and Deke Hunter
ry3
ADDRESS: 1625 The Alameda, Suite 71_-�,
San Jose, California 95126
SUBMITTED: July 1, 1985
LOCATION: Southwest corner of De Anza Boulevard and McClellan
Road
FINDINGS AND SUBCONCLUS I ONS
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 12, 1985.
CONDITIONS:
1-15. STANDARD CONDITIONS
Standard Conditions to the extent that they do not conflict
with the 4pecial 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
1st Revision and 8 1st Revision of Application 23-U-85
except as may be amended by special conditions enumerated
herein.
17. 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 genera=
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
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A
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.
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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 approve and adopted, and that the
Secretary be, and is hereby directed to notify the parties affected by
this decision.
a' `
23-U-85
® Planning Commission Resolution No. 2669 (continued)
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 may 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.
18. FUTURE INGRESS/EGRESS EASEMENTS
The applicant shall record a covenant obligating existing
and future property owners to provide reciprocal
ingress/egress easement with the adjoining commercial
property owners when said property owners are obligated to
participate in a similar agreement
19. TREE PROTECTION
The applicant shall provide a plan for preservation of the
existing specimen trees ❑n 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 779.
20. LANDSCAPE REVIEW
The applicant shall return to the Architectural and Site
Approval Committee for informal review of landscape
planting and irrigation plans.
21. DEMOLITION RE( UIRFMENT
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.
22. CONSOLIDATE PARCELS
The applicant shall merge all existing parcels into a
single lot.
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23-U-95
® Planning Commission Resolution No. 2669 (continued)
23. PROHIBITION OF iNO I SEMAK I NG DEVICES
No public address or paging system, powered megaphone or
similar noisemaking device will be permitted outdoors at
any time.
24. NOISE
No noise shall be generated from within or outside of the
buildings which is audible at the property line.
25. PROPERTY USE CONSTRAINTS
The approval is granted to construct a single-story
building consisting of no more than 6,350 sq. ft. of gross
floor area, which is approximately 350 sq. ft. less area
than requested. The applicant has the ability to determine
the location of delineated building area. The west, north
and south building setbacks described on Exhibit A 1st
Revision are minimum distances.
Prototype research and development activity is permissible
if conducted in concert with office functions or business
110 establishments. Prototype "R & D" activities shall be
regulated in accordance with guidelines, specified in the
General Plan.
26. USE LIMITATIONS
Permitted uses may include al; uses allowed without the
securing of a use permit in the City of Cupertino CS
(General . Commercial ) Zoning District. All other uses
requiring use permit review in a CG zone (including
fast-food restaurants) shall require use permit review in
the subject Planned Development Zone.
27. ACOUSTICAL BARRIER
The applicant shall install an S ft. solid acoustical
barrier at the perimeter of the site adjacent _o
residential parcels. Said acoustical barrier shall be
reviewed by and constructed under the supervision of an
acoustical engineer to maximize reduction of noise levels.
23-U-85
110 Planning Commission Resolution No. 2669 (continued)
28. FRONTAGE LANDSCAPING
The landscape width from the sidewalk t❑ the beginning of
the parking area shall be a minimum of 13 ft. 6 inches
which shall be accommodated by shifting the parking closer
to the building a minimum distance of 3 ft.
29. ONE-WAY DRIVEWAY
The McClellan Road driveway may be designed to provide
right turn-in and right turn-outmovements. The applicant
shall install a median on McClellan Road to prevent
left-turn access into or out of the subject property. The
median„ and driveway reconfiguration shall be subject to
review and approval of the Director of Public Works prior
to release of building permits.
30. TRASH ENCLOSURE
The trash enclosure shall be relocated away from any
property line shared with existing residential uses.
.31. SIGN
411 The monument sign is not approved at this time. The
applicant shall file an application with the Architectural
and Site Approval Committee for a sign program approval .
32. GATES
Gates shall be installed at the north and east ends of the
landscaped yards located • to the west and south of the
building. H 'The gates shall be an open design to allow
visual access for police surveillance. The rear emergency
doors shall be equipped with alarms to limit use to fire
emergencies.
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23-U-85
® Planning Commission Resolution No. 2669 (continued) • •
PASSED AND ADOPTED this 12th day of August, 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, Sorensen, Szabo, Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Mackenzie
ATTEST: APPROVED:
/s/Robert Cowan /s/John Claudy
Robert Cowan John Claudy, Chairman
PlanningDirector PlanningCommission
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