Reso 2772 •
RESOLUTION NO. 2772
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT RECOGNIZING
EXISTING USES AT THE ST. JOSEPH'S CHURCH SCHOOL/RECTORY
/CONVENT Sim, AND A ERCIAL/Or TCE COMPLEX
OF APPROXIMATELY 31,000 SQ. FT. WITHIN A "P" (PLANNED
DEVELOPMENT) ZONING DISTRICT.
APPLICANT: De Anza Properties
ADDRESS: 1307 S. Mary Avenue
Sunnyvale, CA. 94087
SUBMITTED: January 22, 1986
LOCATION: North side of Stevens Creek Blvd. , E. of De Anza Blvd.
FINDINGS AND SUBCONCLJSIONS:
Approval is subject to the findings as set forth on Page 1 and the
subconclusions as set forth in the minutes of the Planning Commission
meeting of February 24, 1986.
CONDITIONS:
1-15. STANDARD C ONDITiONS
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.
16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibits A, B and
B-1 of Application 2-U-86 except as may be amended by special
conditions enumerated herein.
17. MODIFICATION OF THE APPROVED DEVELOPMENT PLAN
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 development plan or building permit shall be submitted to
the Director of Planning and Development. If the Director 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, the Director 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 shall submit said changes 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 652 of the City of Cupertino. If the change is
approved, an appeal my be made by an interested party. Further, any
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RESOLUTION NO. 2772 (2-U-86) 02-24-86
Page - 3 -
17) CONT'D
member of the City Council may request a hearing before the City
Council, said request to be made within ten (10) days from the date
of approval - when the change has been approved by the Planning
Commission.
18) FUTURE INGRESS/EGRESS EASEMENTS
The applicant shall sign an agreement to participate in a future
reciprocal access easement with the owner(s) of the adjoining
property to the Fast. Said easement may be implemented upon
determination by the City of the need for reciprocal access to said
adjoining parcel.
19) INGRESS/EGRESS EASEMENT AGREEMENTS
The applicant shall record an app upriate deed restriction and
covenant running with the land subject to review and approval by the
City Attorney for all parcels which share a common private drive or
private roadway with one or more other parcels. Said deed
restriction shall provide for the necessary reciprocal
ingress/egress easements to and from the affected parcels, and for
shared maintenance of said easement area.
20) TRIP CONSTRAINT
A) 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 Plan. 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 GENERATED BY PROJECT
- Office: 11,550 s.f. @ (1/1000) = 11.6 trips
- Commercial: 19,720 s.f. @ (2/1000)* = 39.4 trips
*Assumes no restaurant occupancy
TOTAL = 51.0 trips
TRIPS CREDITED TO PROPOSED COMMERCIAL SITE
- APN 316-26-034: (.20 Ac x 16) = 3.3 trips
- APN 316-26-035: (.16 Ac x 16) = 2.7 trips
- APN 316-26-036: (.25 Ac x 16) = 4.0 trips
- APN 316-25-040: (.18 Ac x 16) = 2.9 trips
- APN 316-25-041: (.18 Ac x 16) = 2.9 trips
- Portions of Church Site acquired by
subdivision (1.25 Ac. x 16) = 20.0 trips
TOTAL = 35.8 trips
RESOLUTION NO. 2772 (2-U-86) 02-24-86
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20) Cont'd.)
TRIPS NEEDED BY TRANSFER TO COMPLETE COMMERCIAL
Sil'L:
- (51.0 Trips req'd. - 35.8 Trips credited) = 15.2 trips
TRIPS GENERATED BY EXISTING CHURCH SITE USES
- Church School: 34,400 s.f. @ ( ) = trips
- Rectory & Convent: 19,700 s.f. @ ( ) = trips
TOTAL = trips
TRIPS CREDITED TO EXISTING CHURCH Siah USES*
- APN 316-45-001: (4.33 Ac x 16) = 69.3 trips
- APN 316-26-086: (3.63 Ac x 16) = 58.0 trips
- TPcs portions of Church Site separated
by Subdivision (1.25 Ac x 16) = [20.0]trips
TOTAL = 107.3 trips
SURPLUS TRIPS AVAILABLE FOR TRANSFER
- ( Trips used - 107.3 Trips credited -
15.2 Trips transferred to Commercial Site)= trips
Following City Council approval of the subject Use Permit, 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 development approval. The
covenant shall be worded to suggest that future purchasers of
properties consult the individual Use Permit files to obtain an
up-to-date status report of trips allocated to each particular
property.
B) Prior to seeking City Council approval of the subject Use Permit,
the applicant shall conduct a traffic study to determine the peak
hour traffic generating characteristics of the existing church
school/rectory/convent complex, for purposes of completing the
trip accounting table in Condition 19 (A) of this Resolution.
21. USE LIMITATION
The subject use permit, upon approval by the City Council authorizes
the following new and existing uses:
NEW USES: - Office: 11,550 s.f.
- Commercial: 19,720 s.f.
EXISTING USES: - Church School: 34,400 s.f.
- Rectory & Convent: 19,700 s.f.
RESOLUTION NO. 2772 (2-U-86) 02-24-86
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21) (Cont'd. )
Restaurant tenants within the Commercial portion of permitted new
uses are not accounted in the project's trip-end table contained in
Condition 19(A) of this Resolution, and are not included in the
parking ratio described in Condition 22 of this Resolution. Should
the applicant wish to include restaurant activity within the
project, a separate Use Permit application will be required for that
purpoSe
Permitted uses for the new commercial and office portions of the
site shall be regulated in accordance with Conditions 2 and 3 of
3-Z-83 as adopted under Ordinance 1223.
22) PARKING
Parking shall be provided at a ratio of one space for every 285 sq.
ft. of gross floor area for office development and one space for
every 200 sq. ft. of gross floor area for commercial, which shall
not include restaurant tenancy.
23) TREE PROTECTION
The applicant shall provide an evaluation by a Landscape Architect
or Arborist of the condition of the existing specimen trees on the
subject property which are depicted on Ekhibit "Info" of Application
2-U-86. The evaluation shall be used as a basis upon which to
select as many of said specimens as possible for retention as part
of the project landscaping concept. Final approval of the plan for
retention and removal of specimen trees shall be granted by the
Planning Commission prior to application for building permits. Said
plan shall include an evaluation of the affects of construction
activity upon the trees and shall detail measures to ensure their
survival, in accordance with Ordinance 778.
24) LANDSCAPE REVIEW
The applicant shall return to the Architectural and Site Approval
Committee for informal review of landscape planting and irrigation
plans, and the materials and location for the trash enclosure.
25) PRIOR CONDITIONS
The subject Use Permit approval is predicated on complianae with all
conditions of approval attached to zoning action 3-Z-83 under
Ordinance 1223. In instances where said conditions conflict with the
conditions enumerated in this Resolution, the conditions contained
herein shall prevail.
RESOLUTION NO. 2772 (2-U-86) 02-24-86
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26) SUBDIVISION ACTION
Approval of the Commercial/Office site development depicted on
Exhibit A of 2-U-86 is predicated upon approval of a Parcel map
which transfers approximately 1.25 acres fruni Assessors Parcels
316-45-001 and 316-26-086, and deletion of all existing internal lot
lines.
PASSED AND ADOPTED this 24th day of February, 1986 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, Mackenzie, Sorensen, Chr. Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
___Lsj Robert Cowan /s/ Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission