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Reso 6403 U-2006-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6403 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO � RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISTING 27,000 SQUARE FOOT OFFICE BUILDING AND CONSTRUCT A 60,000 SQUARE FOOT OFFICE BUILDING AND PARKING STRUCTURE. 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. U-2006-06 as set forth in the Minutes of the Planning Commission Meeting of July 11, 2006, and are incorporated by reference as though fully set forth herein. � Resolution No. 6403 U-2006-06 July 11, 2006 Page 2 i � SECTION II: PROTECT DESCRIPTION ( Application No.: U-2006-06 Applicant: Cliff Chang Location: 10495 N. De Anza Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY � DEVELOPMENT DEPT. � 1. APPROVED EXHIBITS The recommendation of approval is based on a plan set titled: " Any Mountain Office Building " consisting of 13 sheets labeled: C, A1, A2, A2.1, A2.2, A3, A4, I C1 through C-5 and CL1, except as may be amended by the Conditions � contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct a 60,000 square foot office building with a 3- level parking structure with one level below grade. 3. PARKING GARAGE The approved garage site plan and floor plans are based on Exhibit A, subject to design review. 4. REVENUE ANALYSIS OF OFFICE DEVELOPMENTS The City Council shall determine compliance with the General Plan Policy 2-42, Revenue Analysis of the Office Development, which requires new office developments greater than 50,000 square feet to provide revenue benefits to the City. 5. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed project in accordance with the City's Parking Regulations under Chapter 19.100 ' of the Cupertino Municipal Code. I � 6. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official approval. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. ' 7. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 33,000 square feet of the office industrial allocations for the North De Anza Boulevard Planning Area. Resolution No. 6403 U-2006-06 July 11, 2006 Page 3 • 8. LANDSCAPE PLAN The applicant shall submit a detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building permits. The landscape plan shall include: a) water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. b) Four 48" box Arbutus Marina trees in lieu of the 24" box trees proposed. c) Landscaping where feasible to soften the appearance of the westerly side of the parking structure.. 9. 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. 10. PUBLIC ART The applicant shall install public art onsite prior to final occupancy. The public art shall be valued at a minimum of one-quarter percent (1/4%) of the total project budget, not to exceed $100,000. The applicant shall submit a public art plan to be reviewed by the Fine Arts Commission prior to installation of the public art. 11. SCREENING j All mechanical and other equipment on the building or on the site shall be ( screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and � materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. No parking or storage of materials shall be allowed under the protected trees. � 12. TREE PROTECTION Prior to the issuance of grading and demolition permits, the applicant shall enter into a contract with an ISA-certified arborist to review and comment on all Resolution No. 6403 U-2006-06 July 11, 2006 Page 4 construction drawings and monitor grading, demolition and building construction to ensure that the recommendations described in an arborist report titled: "Tree Assessment and Recommendations for the Redevelopment Project Proposed at 10495 North De Anza, Cupertino, California, " prepared by Walter Levison and dated 5/12/06. Applicant shall provide a copy of the contract to the Director of Community Development. No parking or storage of materials shall be allowed under the protected trees. The tree protection measures shall be inspected and approved by the certified arborist with a confirmation letter sent to the Director of Community Development prior to issuance of grading and demolition permits. The supervising arborist shall monitor construction activities and prepare a final report ascertaining the health of the protected trees prior to issuance of final occupancy. 13. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of the trees slated for preservation prior to issuance of grading, demolition or building permits. The bond shall be returned after completion of construction, subject to a letter from the City arborist indicating that the trees are in good condition. 14. APPROVAL OF PARKING LOT RECONFIGURATION Prior to building permit approval, the applicant shall obtain recorded written consent from the owner of the abutting property to the west, 20600 Mariani Avenue (APN 326-33-109) for the parking lot reconfiguration. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 15. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. � ( 16. 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. 17. 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. Resolution No. 6403 U-2006-06 July 11, 2006 Page 5 � 18. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire as needed. 19. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 � permits maybe required. Please contact Army Corp of Engineers and/or Regional � Water Quality Control Board as appropriate. 20. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. ( 21. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. 22. 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. 23. 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or $3,440.00 minimum b. Grading Permit: $ 6% of Site Improvement Cost or I $2,000.00 minimum c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: $4,013.39 � e. Power Cost: *� f. Map Checking Fees: N/A � g. Park Fees: N/A h. Street Tree By Developer Resolution No. 6403 U-2006-06 July 11, 2006 Page 6 � ** Based on the latest effective PG&E rate schedule approved by the PUC i � Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. � -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. � 24. 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. In addition the transformer shall not be located in the front or side building setback area. 25. 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. Erosion and or sediment control plan shall be provided. 26. STORMWATER UALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing one (1) acre or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management Plan/Notice of Intent (NOI), BMP operation and maintenance responsibilities and BMP inspection and reporting. ` 27. TRAFFIC CONTROL PLAN I The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for I work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. Resolution No. 6403 U-2006-06 July 11, 2006 Page 7 I 28. REFUSE TRUCK ACCESS I The developer must obtain clearance from the Environmental Programs � Department in regards to refuse truck access for the proposed development. 29. TRAFFIC SIGNAL TIMING The applicant shall review traffic signal timing for the North De Anza Blvd./Mariani Avenue intersection with the objective of improving safety for I existing and expected pedestrian movements. ► PASSED AND ADOPTED this 11th day of July 2006, 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 Miller, Saadati, Wong, Chien NOES: COMMISSIONERS:none ABSTAIN: COMMISSIONERS: Vice Chair Giefer ABSENT: COMMISSIONERS: none ATTEST: APPROVED: �� `_ _ ` �, z.�.� Z�/�.����'� Ciddy W rdell, City Planner for Marty Miller, Chairperson Steve Piasecki Planning Commission Director of Community Development G:�Planning�PDREPORT�RES�2006�U-2006-06.doc