U-1978-09b 9-U-78
RESOLUTION NO. 1846
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE DENIAL OF A USE PERMIT TO ALLOW
CONSTRUCTION OF A 36 ,500± SQ. FT. INDUSTRIAL
BUILDING WITHIN A P (PLANNED DEVELOPMENT) ZONING
DISTRICT.
APPLICANT: Dr. Joseph F. Brown
ADDRESS: 10365 North De Anza Boulevard, Cupertino, California 95014
SUBMITTED: May 17, 1978
LOCATION: Northerly terminus of Bandley Drive
FURTHER FINDINGS:
1. The Planning Commission's ..recommendation is based upon a tentatively
approved General Plan Land Use Element revision which, if adopted,
would designate the subject property to a residential land use.
2. The Planning Commission concurs with a finding made previously by
the City Council relative to a December 19 , 1977 decision to deny
an industrial use permit application (31-U-77) involving the
property. The City Council's finding is as follows :
"That the proposed use is detrimental to the health, safety,
peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed use and is
injurious to property and improvements in the neighborhood;
and, this is based upon the discussion at the City Council
meeting specifically the over-concentration of industrial
development at this particular site, the possibility of
increased industrial traffic, the need to provide a better
balance within the community of homes against the jobs; and,
further the problems of integrating that particular use with .
the developments to the east and to the north."
PASSED AND ADOPTED this 12th day of June, 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 Claudy, Koenitzer, Chairperson Blaine
NAYS : Commissioners Adams, Gatto
ABSTAIN: None
ABSENT: None
APPROVED:
/s/ Sharon Blaine
Sharon Blaine, Chairperson
Planning Commission
ATTEST:
(-{1Wel.A&
Robert Cowan
Assistant Planning Director
CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014410
Telephone: (408). 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING 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 not met the burden of proof required to support
his said application; and
WHEREAS, the Planning Commission finds that the application does not meet
all of 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.
411
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 neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other evidence
submitted in this matter, the application for the use permit be, and the same
is hereby denied; and
BE IT FURTHER RESOLVED:
That the findings quoted above and on page two be approved and adopted,
and that the Secretary be,and is hereby directed to notify the parties
affected by this decision.
(Continued on page 2)
•
9-U-78
RESOLUTION NO. 1865
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
FORWARDING SUGGESTED CONDITIONS OF APPROVAL FOR USE
PERMIT APPLICATION 9-U-78 OF DR. JOSEPH F. BROWN.
411
Said use permit entails the development of a 2.9
acres site into a 36 ,500 sq. ft. building to be
used for light industrial purposes .
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. The approval is based upon Exhibits A and B of Application 31-U-77,
as may be modified by the conditions contained herein.
16. That the property owner/developer shall provide tenants with a written
notice regarding potential traffic problems within the North De Anza
Boulevard 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 movements 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. The applicant/owner
110 or his successor shall ensure that all future lessess 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 agree-
ment 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 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 manufacturing 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 acquisition and operation.
17. 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 hour period.
For the purpose of the 16 one-way trip Traffic Intensity Performance
Standard, the following accounting of trips is hereby incorporated into
the project approval:
Trips allocated to project area
3.16 gross acres x 16 = 51 allowable trips
Trips generated by use
2.92 net acres x 20 x 33 = 51 used trips
41,
Surplus trips = 0
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9-U-78
,
Planning Commission Resolution No. 1865 (continued)
III18. That the applicant shall install a mini cul-de-sac at the terminus of
Fargo Drive and shall participate in partial improvements for a mini
cul-de-sac at the terminus of Hanford Drive. The mini cul-de-sac at
Fargo Drive shall be installed in conjunction with this application. I
Said plans shall be presented to the Architectural and Site Approval
Committee.
19 . The applicant shall prepare an acoustical noise analysis to determine
the height of the acoustical sound wall required along the westerly
boundary. Said report shall be prepared and submitted to the
Architectural and Site Approval Committee.
20. The applicant shall sign a statement agreeing to provide joint ingress/
egress easements with adjacent properties. The agreement shall stipulate
that the City will not require implementation of said easements until the
City can require the same of the adjoining property owner. Said agreement
shall further stipulate that the applicant agrees to mutually participate
' in the private drive improvements and common maintenance agreements for
the common usage of the northerly drive with the property to the north
should said property -be developed industrially. The agreement shall be
subject to approval of the City Attorney.
21. The applicant shall install one secured bicycle locking facility for every
6 ,500 sq. ft. of building area which may be in lieu of equivalent parking
410 spaces . The term "in lieu" does not require that the parking spaces be
eliminated.
PASSED AND ADOPTED this 10th day of July, 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 Gatto, Koenitzer, Chairperson Blaine
NAYS : None
ABSTAIN: None
ABSENT: Commissioners Adams , Claudy
APPROVED:
/s/ Sharon Blaine
Sharon Blaine, Chairperson
Planning Commission
ATTEST:
Cw-Chkruk.
• Robert Cowan
Assistant Planning Director
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