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HomeMy WebLinkAboutReso 23064-U--82 RESOLUTION NO. 2306 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A THREE-STORY OFFICE BUILDING EQUALING APPROXIMATELY 28,000 SQ. FT. WITH LIMITED COMMERCIAL USE. APPLICANT: William K. Kelley ADDRESS: 305 Lytton Avenue, Palo Alto, California 94301 SUBMITTED: March 31, 1982 LOCATION: Northwest corner of Stevens Creek Boulevard and North De Anza Boulevard. ------------------------------------------------------------------------------------ Approval is recommended subject to the findings as set forth on Page 1 and subcon- clusions as set forth in the minutes of the Planning Commission meeting of May 10, 1982. CONDITIONS: 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 as enumerated herein shall apply. 15. This approval is based upon Exhibits A, C, and D of Application 4-U-82 as may be modified by additional conditions contained herein. The site plan Exhibit A and Elevation/Crosssection plan labeled Exhibit C are modified as follows: a. A minimum 35 ft. building setback measured from the face of the curb to the first floor building line shall be provided on the De Anza Boulevard frontage. b. A minimum 35 ft. setback measured from the face of the curb to the second floor building line shall be provided on the Stevens Creek Boulevard frontage. • c. A 4 ft. to 5 ft. wide, functional balcony shall be installed on the east side of the third level of the building as generally illustrated by Exhibit D. 16. This approval is for construction of a 28,000± square foot office building with limited commercial activities on the first (1) floor only. Commercial uses shall be subject to the approval of the Planning Director and shall be consistent with the permitted use in the CG (General Commercial) zone. Commercial uses that, in the opinion of the Planning Director, overburden the parking provided for the structure shall be reviewed by the Planning Commission in the context of a use permit amendment. 17. Modification of the Approved Development Plan or a Building Permit 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 developed plan or building permit shall be submitted to the Director of Planning and Development. If the Director of Planning and Development 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, Resolution No. 2306 4-U-82 the Director of Planning and Development 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 of Planning and Development shall submit the change 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 No. 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 Council, said request to be made within ten (10) days from date of approval - when the change has been approved by the Planning Commission. 18. The applicant shall record reciprocal ingress/egress easements over the vehicular access ways to reflect a joint usage concept between the subject property and adjoining property to the north and west. 19. The applicant/property owner agrees to participate in his proportionate share of major off -site street improvements of a local or communitywide 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 directly contribute to street improvement. If an assessment district is formed, the applicant/property owner's 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. 20. In addition to the public roadway improvement stated above, theapplicant shall dedicate and improve a five (5) foot strip adjacent to North De Anza Boulevard providing for improvements of four (4) three lanes and double left turns on southbound De Anza Boulevard. Modifications shall be made to the Stevens Creek Boulevard curb line and property line to.provide for a bus turn -out. All improvements shall be installed in a manner as approved by the Public Works Director. 21. Prior to issuance of a building permit, plans shall be approved by the Architectural and Site Approval Committee. The Committee's review shall be limited to building color, texture, landscaping, and paving treatments. 22. The applicant shall comply with all requirements of the Central Fire Protection District. -3- Resolution No. 2306 4-U-82 ---------------------------------------------------------------------------------------------------- PASSED AND ADOPTED this 14th day of June, 1982, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Binneweg, Blaine, Koenitzer, Chairman Claudy NAYS: None ABSTAIN: None ABSENT: Commissioner Adams APPROVED: ATTEST: ames I?. Sisk .Planning Director -4- Is/ John Claudy John Claudy, Chairman Planning Commission