Reso 6557 M-2009-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6557
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION OF AN ARCHITECTURAL
AND SITE APPROVAL(ASA-2008-OS), USE PERMIT MODIFICATION(M-2008-03), DIRECTOR'S
MINOR MODIFICATION(DIR 2008-32)& TREE REMOVAL PERMIT
(TR-2008-06)TO EXTEND THE EXPIRATION DATE OF THESE APPROVALS FOR FIVE YEARS,
PHASING CONSTRUCTION, CLARIFYING CONDITIONS OF APPROVAL AND MODIFYING
THE TRAFFIC AND SIGNAL IMPROVEMENT CONDITION FOR AN APPROVED
REDEVELOPMENT OF AN EXISTING 19.8 ACRE OFFICE PARK(RESULTS WAY CAMPUS)
SECTION I: PROTECT DESCRIPTION
Application No.: M-2009-02
Applicant: Tim Kelly (for ECI Two Results,LLC)
Location: 1 Results Way
SECTION II• FINDINGS FOR MODIFICATION OF USE PERMIT, ASA, DIRECTOR'S MINOR
MODIFICATION &TREE REMOVAL
WHEREAS, the Planning Commission of the City of Cupertino received an application to
modify an Architectural & Site Approval, Use Permit Modification, Director's Minor
Modification and Tree Removal Permit, as described on Section II of this Resolution;and
WHEREAS, the necessary 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; and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the Cupertino Municipal Code;and
3) The Planning Commission finds that the actions contemplated hereunder are within the
scope of the Negative Declaration and that(1) there are no substantial changes proposed
in the project which will require major revisions of the previous negative declaration
due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; (2) there are no
substantial changes occurring with respect to the circumstances under which the project
is undertaken which will require major revisions of the previous negative declaration
due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; and (3) there is no
new information of substantial importance,which was not known and could not have
Resolution No. 6557 M-2009-02 June 9, 2009
Page 2
been known with the exercise of reasonable diligence at the time the previous Negative
Declaration was adopted, that shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in
fact be feasible and would substantially reduce one or more significant effects of the project,
but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant effects on
the environment,but the project proponents decline to adopt the mitigation measure or
alternative."
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application to modify the Architectural & Site Approval, Use Permit
Modification, Director's Minor Modification and Tree Removal Permit are 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. M-2009-02 as set
forth in the Minutes of the Planning Commission Meeting of June 9, 2009, and are incorporated
by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: M-2009-02
Applicant: Tim Kelly (for ECI Two Results,LLC)
Location: 1 Results Way
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. PAST APPROVALS
The conditions of approval of: ASA-2008-05, M-2008-03, and TR-2008-06 as approved by
the City Council, and DIR-2008-32 as approved by the Director of Community
Development remain in effect, except as may be amended by the conditions contained
in this resolution.
2. EXTENSION OF PERMIT EXPIRATION DATES
The following permit approvals, file numbers: ASA-2008-05, M-2008-03 and TR-2008-06
are extended for a time period of five (5) years from the date of City approval of the
amendment.
File No. DIR-2008-32 is also extended for a time period of five (5) years from the date of
City approval of the amendment, provided that the separate implementation of the
Director's Minor Modification does not vest M-2008-03 or ASA-2008-05.
Resolution No. 6557 M-2009-02 June 9, 2009
Page 3
3. CONSTRUCTION PHASING
The approved development described in file nos. ASA-2008-05 and M-2008-03 may be
developed in phases and the applicant may proceed with the construction of all or any
of the three buildings and parking structure in any order, at the applicant's discretion.
Applicant in its discretion may submit a building permit for each of the approved
structures separately or submit a building permit for the entire approved development
with detailed plans for the first building and a list of deferred submittals for the
subsequent new buildings as may be permitted under the California Building Code.
Concurrently with the submittal of a building permit (or deferred submittal) for each
new building, applicant shall submit a phasing plan for approval by the Director of
Community Development, showing that the then-existing office buildings on the
property plus the proposed new buildings, which will have sufficient parking,
roadways, utilities and other accessory facilities to function properly with the
subsequent phases. In addition:
• In the first development phase, the applicant shall satisfy all offsite
improvements, phase one public art requirement and install the landscaping
and improvements on both sides of the site's front entry, or pay specified in
lieu fees, as a condition of occupancy of the first new office building, except
where fees are required as a condition of the building permit.
• That Sheet L-1.2 titled"Parking, Refuse&Circulation Plari' dated August 14,
2008, is used to identify the parking improvements required to support each
building and to define the limit of work for each building's improvements.
The Community Development Director has the authority to approve
reasonable,minor adjustments of the plans.
• That the applicant shall have the right to implement an interim parking plan
before all three, new office buildings are completed, in-lieu of the final
parking layout shown on Sheet L-1.2., so long as the Community
Development Director determines that the proposed interim parking plan
satisfies parking, parking lot lighting and circulation requirements at that
stage of project development.
4. TRAFFIC, SIGNAL &ROADWAY IMPROVEMENTS
Condition of Approval No. 31 in file nos. ASA-2008-05 and M-2008-03, is revised in its
entirety as follows:
a) The developer shall fund traffic, signal and roadway improvements at the Bubb
Road/Results Way intersection. The improvements include installing new
pedestrian signal heads, a new traffic signal cabinet, a new traffic signal controller,
new traffic signal loops, and replacing damaged pavement on the Results Way
approach, removal of traffic control island(s), pavement restoration and lane
restriping.
,
Resolution No. 6557 M-2009-02 June 9, 2009
Page 4
E�Prior to occupancy of the first new office building,the developer shall make an
irrevocable offer for dedication to the City of an easement for right-of-way purposes
over land located along the McClellan Road frontage for road widening. The
Developer shall not be responsible for McClellan Road improvement costs once the
irrevocable offer of dedication of the easement has been recorded.
�c�The City Council shall have an opportunity to review and approve the traffic, signal
and roadway improvement plans for this project prior to building permit issuance.
5. 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.
PASSED AND ADOPTED this 9� day of June 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer,Vice Chair Brophy,Kaneda
Lee, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: / ROVE :�
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Aarti Shrivastava, Director is iefer, ir
Community Development Department Planning Commiss
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