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Reso 1887 16-U-78 (Revised) RESOLUTION NO. 1887 OF THE PLANTING COMMISSION OF THE CITY OF CUPERTINO 410 RECOMMENDING THE APPROVAL OF A USE PERMIT TO CONSTRUCT AND OPERATE A TWO-STORY INDUSTRIAL MANUFACTURING/ OFFICE BUILDING CONSISTING OF APPROXIMATELY 166,000 SQ. FT. APPLICANT: Vallco Park, Ltd. ADDRESS : P.O. Drawer V, Cupertino, California, 95014 SUBMITTED: August 15, 1978 LOCATION: North side of Vallco Parkway approximately 1,500 ft. east of Wolfe Road Approval is recommended subject to the findings as set forth on Page 1 and subconclusions as set forth in the minutes of the Planning Commission meeting of September 11, 1978. CONDITION: 1-14. 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 enumerated herein shall apply. 15. That the approval is based upon Exhibits A and B of Application 16-U-78 (Revised) as may be modified by the conditions contained herein. 16. That Resolution No. 1870 is hereby voided. All conditions and provisions approving application 16-U-78 shall be as stipulated herein. 17. As condition to this approval, applicant or its successor shall participate in street improvements required by the Construction Phasing for Vallco Park Memo, as revised, which is a part of the Core Area General Plan Amendment adopted by City Council Resolution No. 3592. The participation shall be in the form of a local improvement district, or by direct participation if all affected property owners agree. The applicant's share shall be determined in the manner prescribed by law for a local improvement district and applicant's consent to such district shall be irrevocable. The applicant shall enter into such a district upon ninety (90) days advance notice by the City. 18. The outside storage of chemical or gas tanks shall be reviewed by the Architectural and Site Approval Committee in order to ensure the screening of such tanks and equipment. 19 . That the property owner/developer shall provide tenants with a written notice regarding potential traffic problems within the Vallco Park area. Said notice shall stipulate that the City reserves the right to review traffic conditions within the area at any time in the future, and should the City determine that constraints to ensure proper traffic movement are necessary, the City may impose the appropriate constraints. This may take the form of 411 but not be limited to staggering of work hours by tenants , modification of hours of operation, or an organized car or van pooling program and County transit bus pooling program. A copy of said written notice shall be signed -2- r CITY OF CUPERTINO City Hall, 10300 Torre Avenue Cupertino, California 95014 1111 Telephone: (408) 25 -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 age 2; and WHEREAS, the applicant has met the burden o 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 appr.ov d and adopted, and that the Secretary be, and is hereby directed to notify the parties affected by this decision. -1- (continued on Page 2) Ilk 16-U-78 (Revised) Planning Commission Resolution No. 1887 (continued) by the lessee and forwarded to the City prior to occupancy of the building. The applicant/owner or his successor shall ensure that all future lessees of the building receive a copy of the conditions approved for this use permit. , The applicant (or its successors 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 City's option, include provisions requiring the 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. Provision 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 acquistion and operation. 20. The applicant shall install one secured bicycle locking facility for every 6,500 sq. ft. of building area, which may be in lieu of eauivalent parking spaces. The term "in lieu" does not require that the parking spaces be eliminated. 21. The applicant shall install employee changing rooms. These rooms may take the form of enlargement of rest room facilities ; shower facilities are not required but encouraged. 22. The proposed office land use and intensity thereof for the lands east of ® Calabazas Creek as depicted on Exhibit "A" which are within the uncommitted Lands of Vallco Park as described in the Construction Phasing Memo of July 15, 1974, are informational only and are not binding upon the City in any manner of commitment as regards the ultimate disposition of future land uses. PASSED AND ADOPTED this llth day of September, 1978, 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, Claudy, Koenitzer, Chairman Blaine NAYS : None ABSTAIN: Gatto ABSENT: None APPROVED: /s/ Sharon Blaine Sharon Blaine, Chairperson Planning Commission ATTEST: IZArdr.(4‘44V4/1/4 TTES T:: Robert Cowan Assistant Planning Director -3-