Reso 2765 43-U-85
RESOLUTION NO. 2765
OF THE PLANNING COMMISSION OF THE CITY OF CUPE TINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
A 2,300 SQ. FT. SINGLE-STORY ADDITION TO AN EXISTING
6,400 SQ. FT. COMMERCIAL/OFFICE CENTER.
APPLICANT: Dirk and Deke Hunter
ADDRESS: 1625 The Alameda, Suite 703, San Jose, California 95126
SUBMITTED: October 1, 1985
LOCATION: Southwest corner of De Anza Boulevard and McClellan Road
FINDINGS AND SUBCCN+CI.USIC NS:
Approval is subject to the findings as set forth on Page 1 and the
subconcrlusions as set forth in the minutes of the Planning rnmmi�sion
meeting of January 27, 1986.
CONDITIONS:
1-15. STANDARD C ONDITICt S
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 1st and
B 1st Revision of Application 43-4J-85 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 rnmmigsion, the applicant may appeal to the City
Council as provided in Ordinance No. 652 of the City of
Cupertino. If the change is approved, an appeal may be made by an
• interested party. Further, any member of the City Council may
1
43-U-85
PLANNING COMMISSION RESOLUTION NO. 2765 (CDNI'fl UED)
110
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 Caiunission.
18. FUTURE INGRESS/DES EASEMENTS
The applicant shall record a covenant Obligating existing and
future property owners to provide reciprocal ingress/egress
easements with the adjoining oammercial property owners when said
property owners are Obligated to participate in a similar
agreement.
19. ME I, PROTECTION
The applicant shall provide a plan for preservation of the
existing specimen trees on the subject property. Said plan shall
include graphic depiction of protection devices to be installed
along the dripline perimeter of each tree fro the duration of
construction activities. The plan shall include an evaluation
fran a Landscape Architect outlining the effect of construction
activity upon the trees and detailing measure to ensure their
survival in accordance with Ordinance No. 778.
20. LANDSCAPE REVIEW
• The applicant shall return to the Architectural and Site Approval
Committee for informal review of landscape planting and irrigation
plans.
21. DEMOLITION REQUIREMENT
All existing structures on the site shall be removed prior to or
concurrently with recordation of the final map. The applicant
shall assume the responsibility to obtain all required demolition
permits in accordance with City Ordinance.
22. CONSOLIDATE PARCELS
The applicant shall consolidate the subject property with the
parcel to the north into a single lot.
23. PROHIBITION OF NOISE MAKING DEVICE'S
No public address or paging system, powered megaphone or similar
noisemaking device will be permitted outdoors at any time.
Ill2
43-U-85
PLANNING COMMISSION RESOLUTION NO. 2765 (CONTINUED)
110
24. NOISE
No noise shall be generated fran within or outside of the
buildings which is audible at the property line.
25. PROPERTY USE CONSTRAINTS
The approval is granted to construct a singl -story canm rcial
building consisting of no more than 2,300 sq. ft. of gross floor
area to be added to an existing 6,400 sq. ft. center, for a total
of 8,700 sq. ft. Prototype research and development activity is
permissible, if conducted in consort with office functions or
business establishments. Prototype R & D activities shall be
regulated in accordance with guidelines, specified in the General
Plan.
26. USE LIMITATIONS
Permitted uses may include all uses allowed without the securing
of a use permit in the City of Cupertino CG (General Ca mercial)
Zoning District. all other uses requiring use permit review in a
CG zone (including fast-food restaurants) shall require use permit
review in the subject Planned Development Zone.
27. ACOUSTICAL BARRIER
The applicant shall install an 8 ft. solid acoustical barrier at
the perimeter of the site adjacent to residential parcels and
along Blossan Lane. Said acoustical barrier shall be reviewed by
and constructed under the supervision of an acoustical engineer to
maximize reduction of noise levels. The wall shall be set back a
minimum of 7 ft. fran property line along the Blossom Lane
frontage and "scalloped" back a minimum of 12 ft. adjacent to
existing residences (as depicted on Exhibit A 1st Revision) .
The setback adjacent to the residence on the south side of the
property may be adjusted in conjunction with a future application
to develop the adjoining property cczmt rcially.
28. LANDSCAPING
The frontage landscape design on De Anza Boulevard shall utilize a
2-3 ft. high retaining wall and shrubs to provide an effective 5-6
ft. high screen of the parking area. The landscaping shall be
bermed up against the retaining wall and shrubs planted
immediately adjacent to the wall to provide said screening. The
remaining area shall be a relatively unobstructed lawn area. All
of the landscaping shall be subject to informal review and
approval by the Architectural and Site Approval Ccmunittee prior to
411 release of building permits.
3
43-u-85
PLANNING COMMISSION RESOLUTION NO. 2765 (CONTINUED)
•
29. GATES
Gates shall be installed at the east and south of the landscaped
yards located to the west and south of the building. The gates
shall be an open design to allow visual access for police
surveillance. The rear emergency doors shall be equipped with
alarm to limit use to fire emergencies.
30. TEMPORARY CYCLONE FENCg
A temporary cyclone fence shall be constructed next to the Blossom
Way. cul-de-sac to prevent construction workers and the general
public from gaining access fran the project site to Blossom Way.
31. CURB-CUT
The De Anza Boulevard curb-cut may be eliminated when property to
the south develops The Director of Public Works shall have the
ability to require the elimination of said curb-cut if a twill.
access is implemented via future developing an the adjoining
southerly property.
110
PASSED AND ADOP.CED this 27th day of January, 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,
and Chairman Szabo
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/ Robert Cowan /s/ Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning orimmi G-cion
RES2765(B-2)lvm
4