Reso 6404 i
ASA-2006-06
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CITY OF CUPERTINO
10300 Torre Avenue
! Cupertino, California 95014
RESOLUTION NO. 6404
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
� RECOMMENDING APPROVAL OF AN ARCHITECTURE AND SITE APPROVAL
FOR A NEW 60,000 SQUARE FOOT OFFICE BUILDING AND PARKING
, STRUCTURE.
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SECTION I: FINDINGS
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WHEREAS, the Planning Commission of the City of Cupertino received an application
for an Architectural and Site Approval, 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 proposal, 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 proposal is consistent with the purposes of this chapter, the General Plan,
and zoning ordinance;
3. The proposal will use materials and design elements that compliment the
existing and neighboring structures;
NOW, THEREFORE, BE IT RESOLVED:
�
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Architectural and Site Approval 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. ASA-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. 6404 ASA-2006-06 July 11, 2006
Page 2
SECTION II: PROTECT DESCRIPTION
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Application No.: ASA-2006-06 (EA-2006-09)
Applicant: Cliff Chang
Location: 10495 N. De Anza Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
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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,
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.
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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. 6404 ASA-2006-06 July 11, 2006
Page 3
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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
M 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.
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
construction drawings and monitor grading, demolition and building
Resolution No. 6404 ASA-2006-06 July 11, 2006
Page 4
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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.
I 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.
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Resolution No. 6404 ASA-2006-06 July 11, 2006
Page 5
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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
$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
** Based on the latest effective PG&E rate schedule approved by the PUC
Resolution No. 6404 ASA-2006-06 July 11, 2006
Page 6
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
� 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
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.
28. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs
Department in regards to refuse truck access for the proposed development.
Resolution No. 6404 ASA-2006-06 July 11, 2006
Page 7
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
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, Vice Chair Giefer, Saadati, Wong
Chien
� NOES: COMMISSIONERS:none
► ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Ciddy Wor ell, City Planner for Marty Miller, hairperson
Steve Piasecki Planning Commission
Director of Community Development
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