Reso 4901 3-U-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4901
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE DEMOLITION
OF TWO EXISTING OFFICE BUILDINGS AND THE CONSTRUCTION OF A
TWO-STORY, 34,602 SQUARE FOOT OFFICE BUILDING AT 20425 AND 20451
STEVENS CREEK BOULEVARD, ASSESSOR PARCEL NUMBERS 316-26-084 &-089
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, subject 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. 3-U-98 as set forth in the
Minutes of the Planning Commission Meeting of March 9, 1998, and are incorporated by reference
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 3-U-98
Applicant: Scott Trobbe/South Bay Construction Co.
Location: 20425 & 20451 Stevens Creek Boulevard
Resolution No. 4901 3-U-98 March 9, 1998
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on a plan set entitled, "Office Center, Cupertino,
California" consisting of 6 sheets labeled 1 through 6 and dated 1/28/98, except as may be revised
and dated 2/26/98, except as may be amended by the Conditions contained in this Resolution.
2. DOORWAY ADDITION
The applicant shall provide an exterior doorway at the front tower feature, providing direct access
from the building to the Stevens Creek Boulevard sidewalk.
3. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources Control
Board, for construction activity which disturbs soil.
4. BICYCLE PARKING
The applicant shall install class I bicycle parking facilities equal to 5% of the required parking total.
5. CONFORMANCE WITH ORDINANCES, REGULATIONS AND LAND USE CONDITIONS
The Declarant warrants that this Declaration of Covenants, Conditions and Restrictions is in
conformance with all ordinances, regulations, and land use conditions imposed by the City of
Cupertino or any other government agency with respect to this Development. In any case where this
Declaration of Covenants, Conditions and Restrictions is found to be in conflict with any ordinance,
regulation or land use condition imposed on the development by the City of Cupertino or any other
governmental agency, then said ordinance, regulation or land use condition shall prevail over this
declaration.
6. CONSOLIDATE PARCELS
The applicant shall consolidate all existing parcels into a single lot.
7. DEMOLITION REQUIREMENT
The two office buildings on the site fronting Stevens Creek shall be removed prior to or concurrently
with project construction. The developer shall assume the responsibility to obtain all required
demolition permits in accordance with City Ordinances.
8. DEVELOPMENT ALLOCATION
The applicant shall receive a net allocation of 21,033 square feet of office development potential as
articulated in the General Plan Office/Industrial Development Priorities Table, "Base FAR"
category.
9. HOUSING MITIGATION FEE
The applicant is subject to the City's housing mitigation fee equal to $2.00 per net new gross
, square foot of office development payable upon building permit issuance.
Resolution No. 4901 3-U-98 March 9, 1998
Page -3-
10. LANDSCAPE REVIEW
The applicant shall submit for approval, a comprehensive landscape planting and irrigation plan to
the Director of Community Development, that is in conformance with chapter 14.15, Xeriscape
Landscaping, of the Cupertino Municipal Code.
11. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
12. PARKING
Parking shall be provided at a ratio of one space for every 285 sq. ft. of gross floor area for office
development
13. PEDESTRIAN EASEMENT
Pedestrian easements over the sidewalk area shall be prepared by the developer, approved by the
City Attorney and recorded against the subject property prior to issuance of building permits.
14. RECYCLING FACILITIES
The developer shall make provisions for recycling facilities which shall be in accordance with
Chapter 19.81 of the C.M.C.
15. REVIEW OF MINOR MODIFICATIONS BY COMMUNITY DEVELOPMENT DIRECTOR
Applicant shall submit trash enclosure details, lighting plan and roof color sample to the
Community Development Director for approval.
16. TREE PROTECTION
The applicant shall protect all of the specimen sized trees proposed for retention and the 28"
Quercus agrifolia on the eastern property line as detailed in a letter to Colin Jung from James
Lauderbaugh of Lauderbaugh/Hill Associates dated February 6, 1998. The parking and circulation
plan shall be modified as needed to the satisfaction of the Community Development Director to
protect the 28" Quercus agrifolia. A maximum of four parking stalls may be removed in the
revised site plan in order to protect the oak.
The 36" Quercus agrifolia and 36" Sequoia sempervirens described in that same letter under
paragraph "b." require additional protective measures that the applicant shail perform as described
in a report titled "Tree Survey to Include Tree Preservation and Protection Plan for Proposed
Construction Site. Stevens Creek and DeAn�'a, Cupertino, California" prepared by James M.
McClenahan, ASCA and dated 2/26/98. A bond in the amount of $60,000 shall be placed to assure
maximum protection of said trees during construction.
Resolution No. 4901 3-U-98 March 9, 1998
Page -4-
The construction protection methods as outlined in the City's tree ordinance shall be completed by
the contractor and confirmed by the property owner. Following the period of 6 months after the
building is finaled through the building permit process, an internationally certified arborist shall
conduct a site visit to observe the referenced trees. Following this site visit a letter shall be issued
to staff indicating that the trees were not damaged during construction and show no signs of ill
health due to construction activities. If no signs of damage or ill health due to construction
activities are identified the bond shall be returned. If the trees are irreversibly damaged the bond
shall be held and applied to the installation of the largest replacement tree commercially available
and as may be recommended by the Internationally Certified Arborist. If the tree can be repaired
by an Internationally Certified Arborist, the bond or a portion thereof shall be applied to the cost of
its repair.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
17. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer. Developer to dedicate to the
City of Cupertino a strip of land for roadway purposes along De Anza Blvd. for street widening and
bus-turn out. A landscape easement shall be required along Stevens Creek Blvd to meet Heart of
the City landscape standards.
18. 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.
19. 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 maximum height permitted by the zone in which the site
is located.
20. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
21. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
22. 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.
23. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
Resolution No. 4901 3-U-98 March 9, 1998
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24. 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.
25. UNDERGROLJND 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.
26. 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 $1,918.00 minimum
b. Development Maintenance Deposit: $3,000.00
c. Storm Drainage Fee: $2,420/acre
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.
27. 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.
28. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to California Water
Company and shall reach an agreement with California Water Company for water service to the
subj ect development.
29. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources Control
Board, for construction activity which disturbs soil. BMP plans shall be included in your grading
and street improvement plans.
Resolution No. 4901 3-U-98 March 9, 1998
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30. MODIFICATION OF PLANS
The applicant shall show on the site plan: new curb, gutter, sidewalk, driveways, bus turn-out,
utilities and boxes to be relocated, all existing easements and all areas to be dedicated to the City of
Cupertino. A comprehensive grading plan prepared by a civil engineer shall be submitted at
building permit application.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of this
Resolution conform to generally accepted engineering practices.
Bert Viskovich, City Engineer
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PASSED AND ADOPTED this 9th day of March, 1998, 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, Harris, Mahoney, and Stevens
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
, _
Robert S. Cowan Donna Austin, airwoman
Director of Community Development Cupertino Planning Commission
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