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Reso 4128Application 31 U-88 C ITY OF CLTPERT INTO 10300 TORRE AVENUE CUPERTINO, CA 95014 RESOLUTION NO. 4128 OF THE PLANNING CopMsSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONVERT THE PRIOR SAVINGS AND LOAN PORTION OF AN EXISTING BUIILDING.OF 10,000 SQ' FT' TO ALMTISTRATIVE OFFICE USE, AND TO ALLOW OUTDOOR DISPLAY OF AUTOMOBILES FOR ADVERTISING PURPOSES. SECTION Io FINDINGS Wes, the Planning Com-aission of the Cityof Cupertino pertno received an application for a Use Permit and as described on Page 2 of this Resolution; _. WHEE2EAS, the applicant has met the burden of proof required to support Said application; and &VIiEREAS, the Planning COMMission finds than the application meets the following requirements: M Resolution No. 4128 (31 U-88) 1/23/89 Page e 2 0 SECTI q II: DESCRIPTION OF PROJECT Application No(s): Applicant: Property Owner Location: Parcel Area (Acres) 31 U-88 Donald Lucas Mat'ix _Bnc sties Southwest corner of Stevens Cr.dc Boulevard. and Finch Avenue 84 Acres SECTION III: CONDITIONS AMMSTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET RUROVENENTS AND DEDICATION Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. DIM I. 021 Curbs: gutters and sidewalks and structures shall be installed to grades I and. be constructed in accordance with standards specified by the City Engineer. The applicant may construct an enlarged wheel chair curb ramp at the northeast corner which may be used for vehicle movements to and from the outdoor display area. Specifications for said ramp, and for reconstruction of the ,adjoining ` sidewalk gutter andcurbing shall be provided to the satisfaction of the City Engineers 3. LIaiT'1:NG Street lighting shall be installed as. required by the City Engineer. All on the Off -site lighting shall be designed to in no way interfere with adjacent areas and shall be no higher than the maximm height permitted by the zone in which the property is located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City. 5. TRAFFTC CONTROL SIGNS Traffic the City.: control signs shall be plate at locations to be specified by 6. STREET TREE Street I trees will be planted i.n;the public right -of way and shall be of a type approved by the City in accordance with the Stevens Creek Boulevard Sidewalk Plan and Conceptual, Zoning Plano 1 0 • Resolution No. 4128 (31 U-88) 1/23/89 Page 3 0 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance No. 214(a)o 8. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 9. UNDERGROU D _UTILITIES The developer shall be responsible for complying with the requirements of the Underground Utility Ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. The developer shall submit a detailed plan showing utility underground provisions. (This plan must have prior approval of the utility companiesand the City Engineer.) 10. DEVELAI! AMMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limitedto checking and aon fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. SECTION IV: CONDITIONS ATMMsTERED BY TFE RIANNING DEPART' llo APPROVED MnBITS That the recommendation of approval is based on the plan set dated 12/15/88 (4 sheets)- of Application 31 U=s8 except as may be amended by additional conditions enumerates. herein. 12. MODIFICATION OF APPROVED DEVELORvMT PIS In the event that the applicant or subsequent property owner shall desire, to make any minor changes, alterations or amendment of the approved development plan, a written request orrevised development Plan shall be Submittedto the Director of Planning and Development. If the Director makes a finding that the changes are minor and do not result in a material affect upon the appearance or function of the project, said changes may be certified on the revised plan. If approval of said .changes is withheld, the applicant may appeal to the Planning Commission. if the Director finds that, the requested changes are. material such changes,. shall be referred to the P1 the changes are denied b the Pl arin: ig fission for approval. If y g Commission, the applicant may appeal `to the City Council as'provi ed Commission, Ordinance No. 6520 i i Resolution No. 4128 (31 U-88) 1/23/89 Page e 4 0 If said changes are approved by the Planning Commission,, an appeal may be made to the City Council by any interested party. Further, any Member of the City Council may request a hearing before the City Council regarding said approved changes. Said request shall be made within ten (10) days from the date of approval of said changes by the Planning Canni.ssiona 13. TRIP CONSTRAINT The land use intensity shall be limited to an intensity that will not generate more than 16 one-way trips per acre at the peak traffic hour or such other traffic constraints as may be imposed by the current General Plano For the purpose of the 16 one-way trap Traffic Intensity Performance Standard, the following accounting of trips is hereby incorporated into the project. approval., MIPS GATED BY TIDE PRMCTo Existing office Use: 6.5 K.S.F. @ 1 trip/1 K.S.F. = 6.5 trips Proposed Office Use: 3.5 K.S.F. @ 1 trip/l K.S.F. ® 305 triTOTAL ers 1000 trips Trips T.ransferredo (from residential sate) 2.2 traps 0.844 Acres x 160 1305 triers TOTAL 1507 trips SLTRPWS 5.7 TRIPS Prior to issuance of building permits, the applicant shall record a covenant to describe the trip -acre constraint and the total number of trips allocated to the Particular develOPUent at the time of developwnfuture put approval. The covenant wall be worded to suggest that purchasers of properties Consult the individual use permit files to obtain an up-to-date status report of trips allotted to each particular property. The applicant shall also record a covenant on the transferring site(s) to reflect, the reduction of trip credits available on said`site`(s), prior 'to issuance of building permits for the subject development o All sales or transfers of trips shall be filed with the Planning Director and City Clerk. No sale or transfer shall be finally use perm consummated until a it has been approved for the property to which the traps are to be applied. 14. PROPERIV USE CONSTRAINTS Use of the entire building is limited to general, corporate and administrative office activity -41 and specifically excludes manufacturing, medical office use and banking and savings and loan uses, Resolution No. 4128 (31 U-88) 1/23/89 Page ® 5 e Prototype research and development activity is permissible if conducted in concert with office functions or business establishments. Prototype 00R & D°° activities shall be regulated in accordance with guidelines specified in the General Plano Hours of business for customer contact are limited to 8000 AM to 8000 PM Monday through Friday, and 10000 AM to 4000 PK on Saturday; no hours on Sunday, The Commission reserves the right to initiate a public hearing to further restrict hours of operation upon receipt of a complaint within the first year. 15. >PARICTG Parking shall be provided at a ratio of one space for every 285 sqo ft' of gross floor area which is determined to be 10,000 sqo ft. according to the plan set describe an Condition 11 of this use permit. No more than five (5) Parking spaces at the rear of the building may be use for keeping of unregistered, unlicensed vehicles. 16. ITGHT NG CONTROLS Dior to issuance of building permits. the applicant shall submit for informal Architectural Committee Review a lighting plan concerning existing and proposed, area lighting and security fixtures. The lighting plan shall describe the mixtures by type of illumination 07-4ce, and shall contain specifications for shielding devices to be fitted as necessary to preclude Off -site light intrusion'impacts to nearby residential properties. Lights shall be shielded so there is no view of the source and the illumination shall be contained; within the property, 17. FIRE SAFETY R_mnitr�S Concurrently with review of building pests, the applicant small demonstrate compliance with fire safety equipment requirements as specified by the City. 18o vEHiCI:E DISPLAY RESTRICTIONS All vehicles displayed for sale and visible to any public street shall be places with all tires in contact with ground. use of elevating ramps is prohibited. A. maximum of three (3) vehicles may be displayed at the north side of the building in the exterior pave area. No other outdoor display of vehicles is allowed. Displayed vehicles shall be used for advertising purposes and similar promotions, but shall not be used for test driving or on -road demonstration. Resolution No. 4128 (31.U-88) 1/23/89 Page o 6 0 19. SECURITY PLAN Prior to issuance of construction permits, the applicant/operator shall submit a security plan for protection of vehicles displayed outdoors. Use of bollards for outdoor display area security is prohibited' Alternative security Measures shall be provide along the Stevens Creek Boulevard frontage, These measures may include a high curb at the rear of the landscape planter, rem of displayed vehicles to the enclosed storage building or off -premises during nonbusiness hours, or other measures acceptable to the staff in consultation with the Sheriff Is Office with finial approval by the Architectural and Site Approval Comnittee. Burglar alarms shall be restricted to the silent operatic type o%ily. 20. CAR STORAGE BUILDING The oar storage building depicted on Sheet 1 shall be subject to a deed restriction prohibiting its conversion to habitable, leasable floor space without prior approval by the City of a use permit. The storage buil ° d�,ng ° s floor dimensions shall be adjusted to carnply with City standard parking aisle dimensions, and to maintain the exist ng three foot wide planter area on the westerly site boundary. i I; An alternate location for the storage building shall be identified at the building permit stage, subject to approval by staff ' and ttze Villa Calabazas Homeowners Assocationso Said ° building da.ng shall equipped frith dental style garage doom instead of the roll up steel doors depicted -on the plan set. 21. DISPLAY PATTO ACCESS Vehicle cement to the Stevens Creek Boulevard: frontage display.area shall be limited to the foila,ring options.- A) Provide an enlarged wheel, chair rwp at the corner for 'occasional use in moving vehicles, and reconstruct adjoining. curb and gutter as requiredby the City Engineer, as described in Condition 2 of this resolution. B) Access the display patio only from within the building showroom. 22. 1ANDSCAD R�nrrrravrs The building permit plan set shall reflect compliance with the following. A) Relocate the Stevens Creek Boulevard frontage sidewalk to provide ` a 10 ft. wide parkway plant°IM area as required by the Stevens Creek Boulevard Sidewalk Plana Owner shall Provide appropriate easement docmients allowing,',,° p ppropriate publsc sidewalk access on private property. Transitional alignments shall be provided between the new sidewalk and the odsting sidewalks to the west and on the Finch Avenue frontage, as required by the City Engineer. i resolution No. 4128 (31 U-88) Page— 7 e 1/23/89 The applicant shall retain the option to defer said sidewalk relocation based on a written agreement acceptable to the City, which shall note that imPrOvWent of the Mercury Savings or SCV6VD site would trigger City Council review of the subject site for inpleTnentation of the sidewalk improvements. Provision of frontage landscaping in accordance with section 7 of the Conceptual Zoning Plan for Sirens Creek Boulevard. Hardscape surface for outdoor vehicle display may be included within the frontage landscape area. Final landscaping and planting details will be subject to ASAC review prior to initiation of the approved use. Trellises and the existing monument sign shall be removed. 23 o I�tOFaBJ ON OF 7TST_MUVMG Test driving of vehicles shall not be Witted as part of the automotive related office uses authorized under this use permit. 24. PROEUB TION OF NOISREIMIG DEVICES No Public adress system.- Page system Powered megaphone or similar noisemaking device shall be permitted outdoors at any time. 1' 25 o CANOPY AM F=cTION The Proposed "space frame°° canopy projection distance from the north nr r7.1 of the ]wilding shall be reduce to approximately one half that shown on the approved plan seta PASSE AND ADOPTED this 23rd day of January,, 1989 at a the Pl Regular Meeting of ann ng Ccatmlission of the City of Cupertino, State of California, by the following roll call vote. - AYES: oSorensen,, SorensehB ClaudyMackenzie., CdLo AdamsNOESo —COMMISSIONERS: None ABSTAIN: SSIONER,So None ABSENT oI COWUSSIONERS: None ATTEST a / s / Roh;er t Cowan Robert Cowan Director of City Dpvelopumt (Cl) (RES31U88) ( OS) /s/ Victor J ° Adams Victor Ja ems, Chairan Cupertino Planning Commission