Reso 1904 ' 24-U-78
RESOLUTION NO. 1904
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
411 RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE
CONSTRUCTION OF A COMBINATION OFFICE AND COMMERCIAL
BUILDING EQUALING APPROXIMATELY 18,000 SQ. FT. OF
WHICH APPROXIMATELY 16,000 SQ. FT. IS PROPOSED TO BE
DEVOTED TO OFFICE USES AND 2,000 SQ. FT. TO GENERAL
COMMERCIAL USES.
APPLICANT: Gaetano S. DiVittorio
ADDRESS: 2284 Cervantes Way, Campbell, California 95008
SUBMITTED: November 9, 1978
LOCATION: Northwest corner--of North De Anza Boulevard and Lazaneo Drive
Approval is recommended subject to the findings as set forth on Page 1 and sub-
conclusions as set forth in the minutes of the Planning Commission meeting of
December 11, 1978.
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 enumerated herein shall apply.
15. That the approval is based upon Exhibit A 1st Revision and B 1st Revision
111) of Application 24-U-78 as may be modified by additional conditions contained
herein.
16. That the land use intensity shall be limited to an intensity that will not
generate more than 16 one-way trips per acre during the peak traffic hour.
For the purposes 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 project:
Alternative I
Commercial - 2,000 sq. ft. x 2 trips per 1,000 sq. ft. = 4 trips
Office - 15,500 sq. ft. x 1 trip per 1,000 sq. ft. = 15.5 trips
Total - 17,500 sq. ft. = 19.5 trips
Alternative II
Office - 19,5000x 1 trip per 1,000 sq. ft. = 19.5 trips
Total - 19,500 sq. ft. = 19.5 trips
411 Trips allocated - 1.219 net acres x 16 = 19.5 trips
Surplus trips = 0
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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.
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24-U-78
Planning Commission Resolution No. 1904 (continued)
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 the development approval. The covenant shall be worded in a
manner to suggest that the future purchaser of properties consult the City
files, conceptual zoning file and individual use permit files to obtain an
up-to-date status report of the total number of trips allocated to each
particular property.
17. That the property owner/developer shall provide tenants with a written
notice regarding potential traffic problems within the De Anza Boulevard
study 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
is necessary, the City may impose the appropriate constraints. This may
take the form of 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 by the
lessee and forwarded to the City prior to occupancy of the building.
18. Approval is for either a 17,500 sq. ft. combination office and commercial
building or a 19,500 sq. ft. building consisting of solely office space.
Under the first option the commercial floor space shall be limited to no
more than 2,000 sq. ft. of gross floor area. Commercial uses shall be
limited to those which are of a retail sales nature and shall be reviewed
by the Director of Planning and Development to ensure compliance with the
1' trip end constraint prior to lease commitments.
19. The applicant shall follow the guidelines enumerated in the letter of
Mr. James C. Hoffman, dated November 13, 1978, with regard to the protection
of the Redwood Grove on the south side of the site southerly of the building
pad and the single Oak tree located in the parking lot area. The applicant
shall further evaluate the possibility of saving additional trees on site
at the time of submittal to the Architectural and Site Approval Committee.
20. The applicant/owner shall participate in the costs of the installation of the
traffic signal at De Anza Boulevard and Lazaneo Drive in an amount as deter-
mined by the City's Assessment Attorney based upon benefits received from
said signal.
21. The easterly most driveway curb cut shall be modified to a right turn-in
only or deleted subject to the review and approval of the City Traffic
Engineer. Additionally, staff shall have discretion to remove approximately
six (6) parking stalls to ease access and aid public safety.
•
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24-U-78
Planning Commission Resolution No. 1904 (continued)
410 PASSED AND ADOPTED this llth day of December, 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, Gatto, Koenitzer, Chairperson Blaine
NAYS: None
ABSTAIN: None
ABSENT: None
APPROVED:
•
/s/ Sharon Blaine
Sharon Blaine, Chairperson
Planning Commission
ATTEST:
Ro ert Cowan
Assistant Planning Director
S
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