Reso 2787 APPLICATION: 8-U-86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, cal ifornia 95014
RESOLUTION NO. 2787
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO REMOVE AN EXISTING
VACANT RESTAURANT BUILDING AND THEN TO CONSTRUCT AN OPERATE IN
115 PLACE A PROFESSIONAL Orr'10E COMPLEX OF 10,000 + SQUARE FEE2.
SEcriON I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant(s) 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 uscs are in conformance with the General Plan of the
City of Cupertino, and are 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 usP, nor injurious to
property and improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, tPctimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
RESOLUTION 2787 (8U-86) 04/14/86
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BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 8-U-86, as set forth on Pages through of the
Minutes of the Planning Commission Meeting of April 14, 1986, and are
incorporated by reference as though fully set forth herein.
SEC LON II: APPLICATION DESCRIPTION
Application No(s) . 8U-86
Applicant: J. T. Kontrabecki Co.
Property Owner: J. T. Kontrabecki Co.
Location: Northwest corner of Miller Avenue and Rich-
wood Drive
Parcel Area (Ac) .89 gross
SEel'iON III: CONDITIONS A MINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET IMPROVEMENTS & DEDICATION
Street widening, improvements, and dedications shall be in accordance
with City Standards and specifications and as required by the City
Engineer.
2. CURB, GUTTER & SIDEWALK
Curbs, gutters, sidewalks and structures shall be installed to grades
and to be constructed in accordance with standards specified by the
City Engineer.
3. LING
Street lighting shall be installed and shall be as approved by the
City Engineer. On-street lighting shall be as required by the
Architectural and Site Approval Committee and ordinances and
regulations of the City. All on and off-site lighting shall be
designed to in no way interfere with adjacent areas and shall be no
higher than the maximum height permitted by the zone in which the
property is located.
4. YIRh HYDRANTS
Fire hydrants shall be located as required by the City.
5. TRAFFIC CONTROL SIGNS
Traffic control signs will be placed at locations to be specified by
the City.
RESOLUTION 2787 (8-U-86) 04/14/86
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6. STREET TREES
Street trcc✓ will be planted in the public right-of-way and shall be
of a type approved by the City in accordance with Ordinance No. 125.
7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance No. 214(a) .
8. DRAINAGE
Drainage shall be to the satisfaction of the City EnginPPr.
Surface flow across public sidewalks may be allowed in R1, R2, and R3
zoning unless storm drain facilities are deemed necessary by the City
Engineer.
All developments other than R1, R2, and R3 zoning shall be served by
on-site storm drainage facilities connected to the City storm drainage
system. If City storm drains are not available, drainage facilities
shall be installed to the satisfaction of the City Engineer.
9. UNDERGROUND UTILITIES
The applicant shall be responsible for complying with the requirements
of the Undergrourdd Utility Ordinance No. 331 and other related
ordinannec and regulations of the City of Cupertino, and shall make
the nssary arrangements with the utility companies involved for the
installation of said facilities. The applicant shall submit a
detailed plan showing utility underground provisions. (This plan must
have prior approval of the utility companies and the City Engineer.)
SEcr'ION IV: CONDITIONS A1]1 NISTERED BY THE PLANNING DEPARTMENT
10. APPROVED S lE PLAN
The location of all buildings, fences, roadways, parking areas,
landscaping and other facilities or features shall be as shown on the
site plan submitted, except or unless indicated otherwise herein.
11. PARKING
Parking must meet the requirements set forth in Cupertino City
Ordinance No. 002(q) and must be in accordance with the approved plot
plan.
12. SOUND WALL
A masonry wall will be built by a commercial developer to separate
such vial area fruit any residential area; such wall shall be six
(6) feet high above the highest adjoining finished grade.
RESOLUTION 2787 (8-U-86) 04/14/86
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13. LANDSCAPING
Landscaping areas shall be maintained as shown on site plan. Detailed
landscaping plans, related to arrangement, selection of plant
materials and sizes, shall be approved by the Architectural and Site
Approval Committee and City Council prior to issuance of a building
permit.
14. DEVELOPMENT AGREEMENT
The applicant shall be responsible for completing the site as shown on
approved plot plan and shall be required to enter into a development
agreement with the City of Cupertino providing for payment of
necessary fees, including but not limited to checking and inspection
fees, storm drain fee, and underground utility fee. Said agreement
shall be executed prior to the issuance of a building permit.
15. TRANSFORMER SCREENING
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undexgrounded, such that they are not visible from
public street areas.
16. APPROVED EXHIBilS
That the recommendation of approval is based on E hibits A-lst Rev. ,
B-lst Rev and Informational of Application 8-U-86 except as may be
amended by special conditions enumerated herein.
17. PROPERTY USE CONSTRAINTS
Approval is granted to construct a two-story office building
consisting of approximately 10,000 sq. ft. of gross floor area.
Gross floor area shall not include the atrium/courtyard area which
shall not be leased nor occupied for business purposes. Uses shall be
limited to general, corporate and administrative office activity, and
shall specifically preclude manufacturing uses.
Prototype research and development activity is permissible if
conducted in concert with office functions or business
establishments. Prototype "R & D" activities shall be regulated in
accordance with guiciPlines specified in the General Plan.
18. 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 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:
RESOLUTION 2787 (8-U-86) 04/14/86
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18. (Cont'd)
TRIPS REQUIRED:
(10,070 sq. ft. x 1 trip/1000) = 10.1 Trips
TRIPS AVAILABLE:
(0.629 Ac. x 16) = 10.1 Trips
BALANCE: = 0.0 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 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.
In the event that the development does not utilize the full 16
trips-mr-acre allott' d by the trip end performance standard, the
owner of record shall have the ability to sell or transfer trips with
other property owners within the Traffic Intensity Performance
Standard Area. All qa7es sales or transfers of trips shall be filed
with the Planning Director and City Clerk. No sale or transfer shall
be finally consummated until a use permit has been approved for the
property to which the trips are to be applied.
19. DEMOLITION REQUIREMENT
All existing structures on the site shall be removed prior to or
concurrently with the issuance of construction permits for the
approved office facility. The applicant shall assume responsibility
to secure all necessary demolition permits in accordance with City
ordinances.
20. PARKING
Parking shall be provided at a ratio of one space for every 285 sq.
ft. of gross floor area which is determined to be 10,070 sq. ft.
according to Exhibit A 1st Revision of this Use Permit. Compact
dimensioned parking ratio shall be consistent with the City's parking
ordinance.
21. BICYCLE PARKING
In accordance with Condition 6 of 3-Z-83, the applicant shall retain
the option to install secured bicycle parking equipment.
22. CAR POOL/VAN POOL AGREEMENT
In accordance with the provisions of Condition 5 of 3-Z-83, the
applicant or sumpssor in interest shall record a covenant agreeing to
join a van pool/car pool to be established by the City of Cupertino.
RESOLUTION 2787 (8-U-86) 04/14/86
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23. INGRESS/EGRESS EASEMENT AGREEMENTS
The applicant shall record a covenant obligating existing and future
property owners to participate in reciprocal arrPss easements with
adjoining property owner(s) . Said easements shall be implemented at
such time as said adjoining property owners are obligated to
participate in a similar agreement, and upon determination by the City
of Cupertino that implementation of said easements is in the public
interest.
24. MATERIALS PALETTE
Exterior materials and colors for the subject development shall
conform with those specified on the materials/color board dated April
14, 1986 on file in the Department of Planning and Development for
Application 8-U-86. The roof tile selection shall be subject to final
approval by the Architectural and Site Approval Committee prior to
issuance of building permits and may be modified fruit the sample shown
on the aforementioned materials board.
25. ARCHITECTURAL AND Si'rE MODIFICATIONS
Prior to issuance of building permits, the applicants shall Obtain
approval from the Architectural and Site Approval Committee of the
following modifications:
a) Comprehensive site landscape planting and irrigation plan which
shall include relocation of the trash enclosure to a point in
proximity to the northwest corner of the building. Said planting
plan shall detail both tree cover and understory plantings and
shall demonstrate adequate screening of the vehicle parking area.
b) Deletion of one parking space on the north site perimeter if
nerpssary for purposes of preserving existing specimen-scale Pine
trcc3, as required in Condition 26 of this Resolution.
26 TREE PROTECTION
The applicant shall provide a plan for preservation to the maximum
extent possible of the existing specimen Pine Tree grove on the
northerly border of the subject property. Said plan shall include
graphic depiction of protection devices to be installed along the
dripline perimeter of each tree for the duration of construction
activities, and shall detail measures to ensure their survival.
27. 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
RESOLUTION 2787 (8-U-86) 04/14/86
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27. (Cont'd)
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 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 Cri m►i scion.
PASSED AND ADOPTED this 14th day of April, 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, Sorensen, Mackenzie, Chr. Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Nome
ATTEST: APPROVED:
/s/ Robert Cowan /s/ Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning r mmoigsion