Reso 2744 1
RESOLUTION NO. 2744
' OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECONFIRMING APPROVAL OF A USE PERMIT TO CONSTRUCT
A 75,000 SQ.FT. OFFICE BUILDING WITHIN THE NORTH
410 DE ANZA BOULEVARD CONCEPTUAL PLANNING AREA.
Application No(s) . 46-U-85
Applicant: James Black,/Devco
Property Owner: James Black _
Location: West side of North De Anza Blvd. approx. 200 ft.
South of Greenleaf Drive
Parcel Area (Ac) 3.0
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 December 9, 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.
16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibits A-lst Rev. ,
Supplemental, C, D and Info. of Application 46-U-85 except as may be
amended by special conditions enumerated herein.
17. DEVELOPMENT INTENSITY LIMITATION
Approval of construction of the 75,000 gross square foot building area
is contingent upon the transfer of trips or Floor Area Ratio credits
(development rights) from other sites as listed on Exhibit A of
Planning Commission Resolution 2640, and acquisition of the former
"Auto Parts" store located on Assessor's Parcel 326-33-94. The City of
Cupertino shall be granted development rights on the site or a public
service easement shall be recorded on the site to prevent future
construction activity, other than landscaping. The site may be sold
or leased to owners of pLuperty which adjoin the subject site. The
applicant shall install landscaping based upon a plan approved by. the
Architectural and Site Approval Committee and the City Council. The
plan shall be compatible with the De Anza Boulevard Conceptual Plan
and the landscape plan for adjoining developments. The applicant
shall be required to record a covenant.on the transferrin
g sites to
reflect the reduction of trips or Floor Area Ratio credits available
prior to issuance of building permits for the subject structure.
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y
RESOLUTION 2744 (46-U-85) 12-09-85
Page - 2 -
110 The land us intensity shall be limited to an intensity that will, not
generate more than sixteen (16) one-way trips per acre during the peak
hour or such other traffic constraints as imposed by the current
General Plan. The the purpose of the 16 one-way trip Traffic
Intensity Performance Standards, the accounting of trips is defined by
the following table:
Trips Generated by the Project:
(Office - 75,000 sq.ft. x 1 trip/1000 sq.ft.) = 75.0
Trips Allocated to Project Site:
(3.26 Ac. x 16 - 6 trips transferred away) = 46.1
Transferrable Development Credits
(From Exhibit A of Resolution 2640) = 15.7
SUBTOTAL, Development Intensity Credits = 61.8
City Council Development Intensity Credit = 13.2
(Approved 05-29-85 for applicant's
acquisition of APN 326-33-94)
TOTAL Development Intensity Credits = 75.0
• All sales or transfer of trips or FAR credits must be filed with the
Planning Director and City Clerk. No sale or transfer shall be finally
consummated until a Use Permit Amendment 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, a covenant shall be worded in a manner to suggest that
the future purchaser of properties consult the individual Use Permit
files to obtain an up-to-date status report of the trips allocated to
each particular property.
18. MAINTENANCE OF APN 326-33-94
The applicant shall be responsible for the maintenance of landscaping
and parking on the former "auto parts" site (APN 326-33-94) referenced
in Condition 17 above. Said maintenance liability may be assigned to
the adjoining property owner to the south (APN 326-33-113) . The
transfer of maintenance liability must be recorded via a covenant
approved by the City Attorney.
19. BUILDING AND PAD HEIGHT ADJUSTMENT
Pad grade elevation shall be lowered as much as possible from
elevation 235 as depicted on Exhibit B-2. Final pad height shall be
• set in accordance with direction from the City Engineer. Building
height at the parapet line shall not exceed elevation 292.62.
J
RESOLUTION 2744 (46-U-85) 12-09-85
Page - 3 -
1110 20. ARCHITECTURAL AND SITE APPROVAL COMMITTEE ACTION
Prior to issuance of building permits, the applicants shall submit for
formal ASAC approval a comprehensive exterior materials/color palette
and definitive landscape planting plan.
21. MECHANICAL EQUIPMENT SCREEN
The exterior surfaces of the mechanical equipment screen shall closely
resemble the exterior material for the main building of which it is a
part.
22. EXPIRATION
The period of validity for the subject use permit shall be deemed to
begin from the date upon which said use permit is adopted by the City
Council.
23. PARKING RATIO
The " project is approved based upon an off-street parking ratio of one
(1) space for each 285 square feet of gross floor area. The ratio of
compact spaces shall not exceed 50% of total parking space inventory.
24. BICYCLE PARKING
IlkThe applicant shall install one secured bicycle
(bicycle locker) for every � lockingfacility
maybe in lieuof 6,500 square feet of building area which
equivalent parking spaces. The term "in lieu" does
not require that the parking spcaes be eliminated.
25. TRUCK MOVEMENTS
Truck movements including refuse pickup on the site shall be
restricted in the same manner as set forth in Section 10.45.030 of the
Cupertino Municipal Code.
26. CAR POOL/VAN POOL AGREEMENT
The applicant or successor in interest 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 the City's option, include
provisions requiring the applicant to provide by leae or purchase, up
to one 12-passenger van for each 25,000 sq. ft. of employee occupied
floor space. Provision of said vans is contingent upon the surrAss of
the pilot program, succPss being defined a securing an unpaid driver
and sufficient paying passengers to pay the cost of acquisition and
operation.
RESOLUTION 2744 (46-U-85) 12-09-85
Page - 4
4111 27. APPROVED USES
The approval is for a maximum of 75,000 sq. ft. Four-story office
building. The building may include industrial administrative offices
but shall specifically preclude manufacturing uses. All new uses or
change in use which is not reflective of the office uses shall require
Use Permit review as determined by the Director of Planning.
28. SEWER SERVICE CAPACITY
The application is approved contingent upon a finding that there is
adequate sewer capacity for the project and other undeveloped sites in
the affected trunk sewer service area. If the capacity is not
available and the applicant cannot increase capacity via employing
mutually acceptable mitigating measures, the project may not be
recorded and subsequently constructed.
29. MUTUAL ACCESS EASEMENTS
The applicant/property owner shall record a covenant entering into
reciprocal ingress/egress easements with the adjoining property
owners.
30. OFF SITE IMPROVEMENTS
The applicant/property owners agree to participate in their
proportionate share of major off-site street improvements of a local
or c o mmunitywide nature, such as major improvements to the
intersection of De Anza Boulevard and Stevens Creek Boulevard. Said
Agreement shall include. but not be limited to agreement to
participate in a local improvement district, or to contribute directly
to street improvements. If an assessment district is formed, the
applicant/property owners' share would be determined by a cost/benefit
ratio as established by assessment district law. Boundaries for any
district would be determined at a later date per assessment district
law. The agreements to install the above improvements shall be
submitted and recorded prior to or in conjunction with the issuance of
building permits.
31. 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
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