Reso 4305 11-U-90
. C I T Y O F C U P E R T I N O
10300 �o�'e AverYtle
C1�ertino, Califarnia 95014
RF50I�TrIC1rI No. 4305
OF � PLANNING aC�IISSI�i OF 'IfiE CITY OF CUPII�TIl�10
P;DOC�Il�3JDING A�'PR(JVAL OF A USE PIId�T TO DII�LISEi AN F.}�STING
. 570, 000 S. F. BUIIDING AND C70NS'I'RlJ�r
M[JLTIPZ,E-BUILDING, 785, 000 S. F. (NET) INDKJSI�tTAL OFFICE CANIP�JS
SD�I'ION I: F'Il�IDINGS
WI�2EAS, the Plannir�g C,c�nnis.sion of the City of G�ertino reoeived an
application for a Use Permit, as de.scribed on Page 2 of this Resolution;
ar�d
� W�.S, the applic�t has met the burden of proof required to support
said application. ; arid
WI�.S, the Plannir�q C,oa�unission fitx3s that th�e application meets the
following require�ne.nts:
� a) That the use or uses are in conformanoe with the General Plan of
' the City of C�pertino, ar�d are r�at detrimental to existirig uses or
� to uses speci.fically p�smitted in the zone in which the Prc�osed
use is to be located.
b) That the praperty irivolved is adequate in size ar�d shape to
aoocs�anoc]ate the pro�osed use.
c) That the pro�osed use will nat generate a level of traffic over and
abave that of the capacity of the existing street system.
d) Zhat the prq�osed use is otherwise riot detrimental to the health,
safety, peaoe, morals ar�d general welfare of persons residing or
warking in the neighborhood of such pra��osed uses, nor injuriaus to
p�operty ar�d i��ov�ner�ts in th,e neic�barhood.
N(7W, �RE, BE IT RF50LUFD:
, That after careful oo�sideratioal of maps, facts, e�ibits, testimoriy and
other evidenoe suk�nitted in this matter, the application for Use Permit is
hereby reocumerrded fo� app�oval, subject to the oor�ditions which are
ernm�erated in this Resolution beginning on Page 2 th�seof; and
That the subconclusions �on which the f i.ndings ar�d oor�ditions specif ied
in this Resolution are b�a��ed and oontairied in the Public Hearir�g reoord
�noertiinq Application 11�90 as set forth in the Mimites of the Planning
Ccarnnission Meetir�g of October 29, 1990, ar�d are inoarpo�ated bY refez'enoe
as though fully set forth herein.
Resolutia� No. 4305 (11-t�90) 10/29/90
Page -2-
SDC'�IaI�T II: APPL►ICATION DFSCRIP'I'ION
Applicatioaz No (s) : 11-L�90
Applicatioa�: Sobrato Develo�nent �o�npanies
Property Owr�e.r: Sob�'ato In�tez'ests II
I�ocation: East side of North De Anza Blvd.. between I-280
ar�d Mariani Av�enue
Paroel Area: 32.5 Acxes
SDCI'ION III: QONDITIONS AI�TISTF�2ID BY TI� PUBLSC WDRKS D�A�]T
l. SI'REEr WIDII�T�IG
Street widening, impravements and dedications shall be pravided in
acoo�danoe with City Starr�ards aryd specifications ar�d as required by the
City �gin�er.
Said inq�ro�ieznent shall include modification of the Mariani Avenue/DeAnza
intersection. Fast approach im���c�nents st�all be it�lemented ooncurrently
with the first phase of project construction. Sauth approach in�ravements
s�all be i�lemented as clirected by the City. Zb ensure coatq�letion of said
south approach inq��weme,nts, the develc7per shall pravide a Letter of Credit
in the aim�unt of $130, 000 valid for a� period of seven years frcan the
effective date of the use permit.
Priar� to issuanoe of buildir�g permits far construction of all or any
portion of the approved develc�pment, the developer shall provide to the
City a Letter ar Credit, or ather suitable financial instrmment, as
security for widenirig of the DeAnza Boulevard b�ic�ge aver Rc�ute 280. The
developer shall contri.bute $250,000 far said widening imp�rovements. In the
event that the total project oost exoeeds $500,000, the applicant shall
contribute 50� of the actual oost as by the official �gineer's
F�tiunate.
2. C[JRB AND GCTI'I�2 '
C�bs ar�d gutters, sidewalks ar�d related structures shall be installed in
aooardar�oe with grades and star�dards as specified by the City F�gineer.
3. SI'R�� LIC�iTING INSTAI�,ATION
Street lighting shall be installed ar�d shall be as app�wed by the City
�gineer. Lic�tirig fixtures shall be positioned so as to preclude glare
arid ather fonns of visual interferenoe to adjoining p�aperties.
4. FIRE SAFEI'Y
Developer shall ca��ly with all fire safety requirements specified by the
City in vonsultation with the Central Fire District.
Resolution No. 4305 (11�90) 10/29/90
Page -3-
5. SI'RF�� TFtEES
Street trees shall be planted within the Public Ric�t of Way ar�d shall be
of a type ap�raved by the City in a000z�danoe with Ordinanoe 125.
6. GE2ADING
Grading st1a11 be as approved ar�d required by the City IIZgineer in
a000rdanoe with Ordinance 1143. First floor f�n?�h� floor elevation s�all
not exoeed the hic�est top of c�arb elevation on the adjoining DeAnza
Boulev�rd frontage.
7. DRAIl�GE
Drainage shall be p�o�vided to the satisfaction of the City �gineer.
8. UND�iAVD UI�LITIES
� The develaper shall oamply with the require�ments of the Ur�dergrourid
Utilities Ordinanoe No. 331 and other related Ordinanc�s ar�d regulations of
I the City of Clipertino, ar�d s�t�all 000rdinate with affec,-ted utility praviders
far installation of utility devioes. The develaper shall
suk�nit detailed plans shvwir�g utility provisions. Said plans
� shall be subject to prior approval of the affectsd Utility provider ar�d the
City F,3�gineer.
9 . AGRE�]'r
The project develc�er shall enter into a develo�xneaZt agreement with the
City of G�ertino providir�g for payment of fees, including but not limited
to checki.ng ar�d inspec,�tion fee..s, storm drain fees, park dedication fee.s and
fees for w�d of utilities as required by City �. Said
agreement shall be executed prior to issuai�oe of oonstruction pernu.ts.
l0. Z�2AN�
Electrical transforme,rs, telephone vaults ar�d similar above ground
equignent enclosures shall be screened with fencing ar�d lar�dscaping or
located such that said equipment is not vi.sible froan public
stree�t areas.
� QTY FNGIlJEQ2' S CF�TIFICATE OF
A�'I'ANCE OF FNGIlJF�tIl�1G/Sti�VEYING QONDITIONS
(Sec,�tion 66474.10 CA Gov't. Code)
, I hereby certify that the engineerir�g ar�d surveYing oo�'�ditions specif ied in
Sec,�tion III of this Resolution oonform to generally aooeptsd engineerincl
practioes.
� �s/ Travive Whitten
Travioe �itten, Asst. City IIzg.
�
�
Resolutior� No. 4305 (11�J-90) 10/29/90
Page -4-
SDC�I�1 IV: QONDITIONS A�TISI�2ID BY Zi� aCINIlKUNITY DEVELDPN�VT DEPT.
11. APPFi�'JVID ��BI'1'S
�e reocetunerydation of ap�p�oval is b�.sed on Sheet S-2, 3, 5, 6-15, dated 17
September 1990 of Application 11�7 90, and Sheets M-1 (10/22/90), Roof
• Antexma Plan� Sheet (10/22/90) , of Application 11-L�90, �cept as may be
amer�ded by the oor�ditions stated in this Resolution.
12. DII�L�I'I�t RRF]lQUII2F�ID�fr
All existing buildings on the subject site shall be de2mlished at one t�m�e
ar in ghases at the developer's discretion. If de�nolition is phased, the
follaair�g stipulations apply:
a) Develc�per shall obtain staff appraval of a develo�nnent phasing diagram
. depictinq the gross ar�d net f loor area and locatioa� of all structures
to remain in use ar�d to be remaved during each phase, existirig and
redeveloi�ed site imprwements for each phase, and the approximate t�m�e �
sched�le for each phase.
b) No more than 785,000 s.f. of net usable floor shall be oocupied during
each phase of demolition/new c�onstruction.
c) The existir�g easterly structures shall be renr�ved during the latternast
phase of demolition/reoonstruction in order to prwide noise buffering
to the adjoining neighborhood durir�g preoedirig phased demolition
activity.
14. N10DIFICATION OF APPROVID DEVELlJPN�1T P'I�,N
In the event that the ap�plicant or subsequent praperty vwner shall desire
to make arry minor changes, alterations or amerx�nent of the approved
develc�ment plan, a written request or revised develop�nent plan shall be
st�mitted to the Director of C7c�ununity Devela�Cnent. If the Director makes
a findirig that the char�ges are minor ar�d do nat result in a material affect
�on the appearanve or futx.�tion of the project, said char�ges may be
certified on the revised plan. If approval of said char�ges is withheld,
the applicant may appeal to the Planning Cc�nnis.sion.
If the Directar� finds that the requested chariges are material, such ch�anges
shall be referred to the Planniryg Cce�nnission for appro�val. If the changes I
are clenied by the Planning �etnnission, the applicant may ap�.al to the City
Ga�u�cil as p�+ovided in City Ordinanoe No. 652.
If said chariges are approved by the Planning C'carnnission, an appeal may be
made to the City Council by ariy interested party. Ftuther, any Member of ,
the City �il may request a hearing before the City Cauricil regarding
said appraved changes. Said request shall be made within ten (10) days
frcen the date of approval of said chariges by the Planning Ccarnnission. ,
Resolutiot'► No. 4305 (11�J-90) 10/29/90
Page -5-
�
15. TRTP �1SI'RAINT
Iand Use intensity shall be limited to an inte,r�sity that will not generate
mo�e than sixte�n (16) oa�e way trips per acre durir�g the peak traffic haur.
Fo� p�npo�es of ensurir�g ocnq�lianoe with the Traffic Inten.sity Performanoe
�, the follvwiriq aooauitir�q of trips is hereby inoorporated into the
P�'o7ect ap�wal:
( 'I'RIPS GIIJFd2ATID BY PR(J17DCI' 1, 201. 4
Industrial 1,143
Ooonq7uter Center R& O/Offioe 785
Corparate Offioe Building 211
S�iva Buildir�q
C7�t�nerci.al 58 . 4
Restaurant 33.6
Sol�ato Offioe (1�84j 24.8
Trips allocated to p�oject lar�d use area 884
� Trips Putc�ed 322
May Irrvestrnent 61
B.A. S. Ha�ttes 109
B.A.S. Haames 152
Trips transferred to T�ir�share buildinq - 4.6
at Southeast oorner of Valley Green
Dr. ar�d Bar�dley Dr.
'Potal trips allocated to subject site 1,201.4
The develvper shall revomd a oaven�rYt to desc�ribe the trip ac,re oonstraint
ar�d the tatal �r of trips allocated to the develc�anent at the time of
dev�elo�pment app�wal. The oovenant shall include ap�prapriate werding to
suggest that future p�cha.ses of the prnperty consult the itxlividual Use
P�smit file to obtain an upd,ated status report of th�e total ntnmb�s of trips
allocated to each particular property.
16. TRIP AOOOUI�I'ING QOVFNAI�I'S
Prio�r to issuat�oe of buildit�g permits, the developer/vwner of Assessor's
Paroel Nos. 316-02-101, 316-02-97, 316-02-103, 316-02-104, 316-22-017 and
316-22-018 shall reoord a oavenant de^�ribing the individual trip end
avcauntir�q fo� each paroel, including the specific allocation of "Trips
Purchased" from the aggregate �rnnnber of "Trips Purchased" stated in
�itian 15 of this Resolutian.
17 AOOUSrICAL BP,RRIER
The developer shall ensure that the existir�q masonry aooustical b�rrier at
the easterly perimeter of the site adjacent to the parkir�q area is retained
ar�d remai,ns undamaged duriryg d�alition ar�d site reoonstruction activity.
18. BICYCLE PARKING
�e develap�r shall install sixty (60) sec�red bicycle locking devioes.
Said bicycle parlcinq area shall be located to provide max; �portunitY
for surveillanoe fran interiar� reoeption areas to disoourage theft.
Additional bicycle lockit�g devioes n�y be required in oon7unction with the
projects Traffic Deqnarrd Manage�nent p�'am•
Resolutio� No. 4305 (11�J-90) 10/29/90
, Page -6-
19 . PAF�
Off-street parking requirem�nt is based on the net floor area of the
project, as stated in Cor�dition 20 of this Resolution. In no cas� shall the
rnm�ber of on site parkir�q spaoe be less than 2,600. Up to 8� of that total
may be reserved far prefereritial van pool ar�d car pool parking.
20. USE r�mAmrpN
The subject use permit authorizes cie�mlitio� of 570, 000 sq. ft. of existing
]a�ilding area, ar�d subsequent construction of an oocupancy of 785,000 s.f.
(n�t) of ir�dustrial/offioe spaoe. Pratotype research and develapanent
activity shall be conducted in ac�oo�3anve with C�en�xal Plan Laryd Use
Ele�nent Folicy as stated o� Page 2-32. Ir�dustrial ar�d Achninistrative office
activity is ��;tted as described in Section 4.1 of Ordinanoe 002(y).
The net floor area of project, ar�d for each individual buildirig, shall be
configured in a000rdanoe with the "Sch�edule of Buildirig Area-Draft B" in
Application 11-I�90. Zhe "ooarnrons" designatian applies to Building 6 which
is limited to auditoritun, fitness center and en�loyee cafeteria use in
support of the uses within the other five buildings in the cca��lex.
Building 6 shall nat include retail spave c�xi to the public,
warehousing/shipping/reoeiving facilities which support activities in the
other five buildings, ar�d shall not include industrial/office/R&D use �
activity. �
Up to a total of 10,000 net s.f. of retail space c�n to the public may be
installed in the cce��plex, exoept in Building 6. The intent of authorizing
said spaoe is to facilitate convenience sho�pir�q for on-site employees to
diunuzish off-site vehicle trips. Said retail spaoe shall be counted at the
same trip rate of 1 trip/1,000 s.f. as is applied to offioe use in the
trip-end aooa.uztir�g stated in Coridi.tion 15. Ccarnnercial activities permitted
by ric�t ar�d food establishm�nts as defined in the OG Zoning ordinanoe are
allow�ed.
All other activities not specified in the preceding paragraph shall require
separate Use Ppsmit approval.
21. TRAF�'IC DII�AND
The p�opet ty owner shall enter into a reoo� agree�nent setting fort the
detailed ts fo� i�lementation of the transpartation d�mand
management monito�ir�g ar�d mitigatian program stated on Pages E-9 throuc�
E-15 of the p�oject Initial S`tudy dated 09/20/90. Said agreement shall be
subjeet to approval as to fonm ar�d oontent prior to recordation.
22. PUBLIC ART
Prior to issuanoe of vonstruction ��;ts, the City Cauicil shall retain
the option to require installation of one ar more "wr�rks of art" for public
viewirig ar�d aooessibility within the project's ban�daries, as said works of
art are defined in the guidelines develoj�ed by the Ct�ettino Fine Arts
Co�nnis.sion ar�d adopt.ed by th�e City Cau�cil in Jarnlary, 1988. The maxinunn
oost obligation far� the develvpes mar�d,ated by this oor�diti� is $100, 000.
Ftesolutiart No. 4305 (11�90) 10/29/90
Page -7-
�e subject matter, plaoeRne.nt ar�d degree of public aooes.sibility to works
of art displayed shall be subject to app�oval of the Fine Arts Oanamission,
with final app�aval of the City Caauiticil. Oost for acquisiti� ar�d c�goir�g
mairrtenarx�e of said wn�ks of art shall be borne by the clevelop�r or
suooessar in interest. 'Ihe develc�r shall reoard an app�c�iate instr�nmerit
Y�oldir�q harmless the City of CUpertino from ar►y liability as.sociated with
the installati� at�d display of said works of art.
� 23. L�1D.9CAPE RE'�TIEW
The developer shall sulinit a v�ehensive lar�dsc,ape plaritir�g sign far
farn�al review by the Arc�itectural arid Site Apprw�al Co�naittee prior to
issuanoe of buildirig permits. The lar�dsc-.ape plan shall reflect attention to
the following details:
a) Ccanplianoe with the City's Xeriscape la�.ape water conservation
� b) Plaoement of specim�n trees for adec�aate visual sareenix�g of residents
fraa upper floor offive spaoes, as ir�cated on Sheet 6 app�oved ur�der
Cbryditio�l il herein.
c) Ccsnplianoe with the No�th DeAnza Boulevard Conoeptual Plan lar�dscaP�J
guideli.nes fo�r ariy portion of the DeAnza Boulevard frontage which may be
d.isturbed duri.r�g site reoonstruction.
24. NOISE OONPROL
The p�ro�perty owner shall be responsible for implementation of the following
noise c�ontrol requiremexits:
a) Delivery of food products far the cafeteria via small delivery vans is
permitted durir�g ��nighttime�� hwrs i.f the delivery is throL� a�'man��
doar�. Other delivery activities including use of the truck dock loading
dooxs is regulated by th�e Mwzicipal Code.
b) Activities in the outdoor amphitheater ar�d o�ther autdoor spaoes shall
preclt�de the use of an�lified mousic, lwdspea)cers ar�d other noisemakin5
devives durir�g ��nic�ttime�� ha�rs as clefined by the N�unicipal Code.
c) Ehter into a reoorded agre�ment, aooeptable to the city attorney as to
farm and oo�tent, for implementation of the Noise Control Monitoring an�d
Miti,yatio�n program, desc:ribes on Pages E-5 to E-8 of the project Initial
Stu�dy dated 09/20/90.
25. SDC'tJRITY P'LAN
Prior to applicatioa� far� building permits, the develaper shall prepare a
security plan far the �[q�lex, in oo�sultation with the CauYty Sheriff's
Offioe.
Security cameras shall be maunted in a manner to awid privacy intYVSion
irito adjoinir�g residexitial properties.
Resoltltiari No. 4305 (11�90) 10/29/90
page _g'
26. i7SE PE�d�IIT �IRATI�T
�e use ��^�++;t is valid far a period of seven (7) years subject to the
followir�g stipulations :
1. Zhe first building �rnust be oa��pied within 4 years fro�n date of this
app�aval.
2. The buildir�g ��+; t for the last ph�ase of construction must be issued
no later than seven (7) years frcen th�e date of this use permit
app�oval•
PASSID AND ADOPTID thi.s 29th day of October, 1990 at a Regular Meeting of the
Planning Ccn�missian of the City of Clipertino, State of California, by the
following roll call wte:
AYFS: OC�M�IISSIONF�2S: �d�ams, Fazekas, Mackenzie, Mann
ar�d C��airman Claudy
NOFS : OC�Il�IISSIONII2.S :
ABSTA.IlJ: aC�SSI0I�2.S:
ABS�3�T: OC�T�IISSIONIIZS :
.
. APPFt(�VID:
�s/ Robert Oowan /s/ John Claudy �
Rob�xt Oaa'cv1 Jahn Clat�dy, C��airn�an
Director of C.acn�unity Develo�snent CupeYtino Plannirig Ccernnission
per'esos/rso11U90