Reso 2756 RESOLUTION NO. 2756
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
• A 5,000 SQ. FT. Or r iCE BUILDING AND REMODEL TWO (2)
EXISTING SINGLE-STORY OITiCE BUILDINGS
Application No(s) . 48-U-85
Applicant: Barry Swenson Builders
Property Owner Dr. Kenneth Frangadakis
Location: West side of S. DeAnza Blvd. approximately 450
ft. south of McClellan Road
Parcel Area (Acres) : 1.8
Submitted: December 2, 1985
FINDINGS AND SUBCONC'T TJSIONS:
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
meting of January 27, 1986.
CONDITIONS:
1-15. STANDARD CONDITIONS
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 ap
proval is based on Exhibits A B B-1
B-3, B-4 and C of Application 48-U-85 except as may be amended by
special conditions enumerated herein.
17. APPROVED USES
This use permit authorizes only "office" activity as such uses are
referenced in the City of Cupertino Administrative and Professional
Office zone (Ordinance 002(y)) . Research and development activity as
defined in the General Plan is included as an allowed use. Commercial
uses are specifically precluded since the project's FAR exrpals the
maximum .25 limit prescribed for commercial uses in Condition 18 of
the South De Anza Boulevard Conceptual Plan.
18. SIDEWALK DESIGN AMENDMENT
Exhibits A and C shall be revised prior to application for building
permits to reflect compliance with the "Long-Term Sidewalk Design"
diagram which appears on Figure 1 of the South De Anza Boulevard
Conceptual Plan. The applicant shall record pedestrian and public
utility PA gements as necessary to implement the aforesaid sidewalk /
landscaping configuration. Said sidewalk design shall be subject to
approval by the Director of Public Works prior to issuance of building
permits. Said pedestrian and public utility easements shall be subject
• to review by the City Attorney prior to their recordation which shall
precede building permit authorization.
RESOLUTION No. 2756 (48-U-85) 01-13-86
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19. PARCEL MERGER
110
Prior to issuance of building permits, the applicant/owner shall
record a parcel map which consolidates all existing lots into a single
entity.
20. FUTURE INGRESS/EGRESS EASEMENTS
The applicant shall record an agreement to participate in reciprocal
access easements with the adjoining property owner(s) to the north and
south to be implemented when said property owner(s) are obligated to
participate in similar agreements.
21. 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 developmnent 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 witheld, 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
interestPa party. Further, any member of the City Council may request
a hearing before the City Council, said request to be made within ten
(10) days fLcuu the date of approval - when the change has been
approved by the Planning Commission.
22. ASAC REVIEW
Prior to submission of application materials for building permits, the
applicants shall appear informally before the Architectural and Site
Approval Committee (ASAC) for approval of the following design aspects
of the development approved under this use permit:
a) Provision of definitive on-site lighting spceifications for
pedestrian areas and the parking lot, with appropriate adjustments
to prevent off-site glare.
b) Provision of adequate screening of existing roof-mounted
mechanical equipment on Building B fLcuu visbility to adjoining
residential properties.
c) Specific definition of the project colors/materials palette.
d) Enhanced architectural treatment of the F.sterly elevation of
Building A adjacent to De Anza Boulevard, such as a trellised
arbor or similar feature.
I y
RESOLUTION No. 2756 (48-U-85) 01-13-86
Page - 3 -
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e) Relocation of the trash enclosure to the southwest corner of the
large parcel to minimize potential disturbance to adjoining
homesites and increase at-c hhility to all tenants in the
complex.
f) Revision of the Landscape Planting diagram to reflect ccm pliance
with the Long Term Sidewalk Design program referenced in Condition
17 above. The ASAC may also require adjustment of spacing and
minimum initial size specification for new plantings, and may
increase the effective depth of perimeter landscaped areas by
requiring minor adjustment of parking area dimensions, consistent
with City Standard Details.
g) Provision of a comprehensive sign program. Sign information
appearing on the approved use permit exhibits are conceptual only.
23) ENTRANCE TO BUILDING
Entrance to Fniilding C shall be obtained from the north and east sides
of the building only.
24) WALI<NAYS, BUILDING C
The walkways fr m Kizwin Lane and along the east side of Building C
shall be eliminated and the landscape mound on Kirwin Lane extended
along the frontage.
1
PASSED AND ADOvrED this 27th day of January, 1986 at a regular meeting of
the Planning Ctiission of the City of Cupertino, State of California by
the following roll call vote:
AYES: COMMISSIONERS: Adams, Mackenzie, Sorensen, Claudy
Chairman Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
/s/ Robert Cowan /s/ Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission
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