Reso 4743 11-U-96
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4743
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT AMENDMENT TO
HEART OF CITY SPECIFIC PLAN TO ALLOW CONSTRUCTION OF
141,000 SQ. FT. OFFICE BUILDING PLUS 4 LEVELS OF UNDERGROLTND
PARKING OF SYMANTEC CORPORATION ON 1.29 ACRES
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to _property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby recommended for approval, subj ect to the conditions
which are enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application No. 11-U-96 as set forth in the
Minutes of the Planning Commission Meeting of August 26, 1996, and are incorporated by reference
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 11-U-96
Applicant: Symantec
Property Owner: Cupertino City Center Apartment II, by Sunset Ridge Development
Location: Lot 5 of Tract 7953 Cupertino City Center
Resolution No. 4743 11-U-96 August 26, 1996
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
The approval is based upon e�chibit labeled "Symantec" dated August 26, 1996, West Elevation,
South Elevation, Ground Level Floor Plan, Level 2 Floor Plan, Level 3 Floor Plan, Level 4 Floor
Plan, Roof Plan, Plan Sheet L 1.1 as may be modified by additional conditions contained herein.
2. PARKING
The "Symantec Site" shall accommodate approximately 657 parking spaces to meet the need of
the Symantec Building and shared parking spaces to meet the need of surrounding land use
activities that have right of use for parking based upon parking agreements. The number of
parking spaces shall also be increased to accommodate parking spaces last on the adjoining
property to the south as a result of "off site" landscaping. The below grade parking garage may
be expanded to accommodate the additional parking spaces.
3. CORNER PARK
The owners of the park located adjacent to the intersection of DeAnza Boulevard and Stevens
Creek Boulevard and the applicant for the Symantec Building and the City shall participate in the
planning and installation of improvements for said park (Lot 8, Tract 7953). The degree of
participation for each party shall be based upon benefit formula to be approved by the City
Council. One element of the formula is the degree of commitment improvement by private
owners to install improvements as manifested by previously approved drawings. The formula
and necessary agreements shall be approved and signed prior to issuance of a building permit for
the designated site.
4. STEVENS CREEK BOULEVARD STREETSCAPE
The applicant shall participate in the cost of installation of the Stevens Creek Boulevard Specific
Plan streetscape improvements for the portion of Stevens Creek Boulevard fronting the "City
Center Hotel Site" (APN 369-01-029). The degree of financial participation shall be based upon
a formula to be approved by the City Council. The formula and necessary agreements for
improvements shall be approved and executed prior to issuance of a building permit for a
Symantec Site.
5. DEANZA BOULEVARD TREES
All trees located on the DeAnza Boulevard frontage shall be a minimum of 24" box.
6. NON-DESIGNATED POOL
Symantec is allocated 50,000 square feet from the "non-designated pool" of office building space
referenced by general plan policy 2-3, strategy 3. The allocation is effective during the two year
term of this use permit.
7. LANDSCAPING PLAN
The applicant shall submit a landscaping plan for architectural review by the Planning
Commission.
Resolution No. 4743 11-U-96 August 26, 1996
Page-3-
8. HOUSING MITIGATION PROGRAM
The applicant shall comply with the Housing Mitigation Program.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
9. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
10. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer.
11. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as to preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the m�imum height permitted by the zone in which the
site is located.
12. FIRE HYDRANT
Fire hydrants sha11 be located as required by the City.
13. TRAFFIC SIGNS
. Traffic control signs shall be placed at locations specified by the City.
14. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type approved by
the City in accordance with Ordinance No. 125.
15. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
16. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed
necessary by the City Engineer. Development in all other zoning districts 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.
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Resolution No. 4743 11-U-96 August 12, 1996
Page-4-
17. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance No.
331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate
with affected utility providers for installation of underground utility devices. The developer shall
submit detailed plans showing utility underground provisions. Said plans shall be subject to prior
approval of the affected Utility provider and the City Engineer. �
18. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees, storm
drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be
executed prior to issuance of construction permits.
a. Checking & Inspection Fees: $ 6% of Improvement Cost or $1,744.00 minimum
b. Development Maintenance Deposit: $3,000.00
c. Storm Drainage Fee: $3,121.80
d. Power Cost: $75.00 per street light
e. Map Checking Fees: N/A
f. Park Fees: N/A
The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposed herein may be modified at the time of recordation of a final
map or issuance of a building permit in the event of said change or changes, the fees changed at
that time will reflect the then current fee schedule.
19. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be
screened with fencing and landscaping or located underground such that said equipment is not
visible from public street areas.
20. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to San Jose Water
Company and shall reach an agreement with San Jose Water Company for water service to the
subject development.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveyi g conditions specified in Section IV. of this
Resolution conform to generally accepted engineer' g
rt Viskovic , City Engineer
Resolution No. 4743 11-U-96 August 12, 1996
Page-S-
PASSED AND ADOPTED this 26th day of August, 1996, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Doyle and Mahoney
NOES: COMMISSIONERS: Harris and Chairman Roberts
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Robert S. Cowan Paul Roberts, Chairman
Director of Community Development Cupertino Planning Commission
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