PC Reso 6529 M-2008-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6529
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION OF A USE PERMIT (U-2001-04)
TO ALLOW THE DEMOLITION OF FIVE BUILDINGS CONTAINING ABOUT 139,632
SQUARE FEET AND THE DEVELOPMENT OF THREE NEW, TWO-STORY OFFICE
BUILDINGS CONTAINING 155,000 SQUARE FEET, A TWO-LEVEL 204 SPACE
PARKING GARAGE, SURFACE PARKING LOT AND LANDSCAPING IMPROVEMENTS
AT AN EXISTING 19.8 ACRE OFFICE PARK (RESULTS WAY CAMPUS)
SECTION I: PROTECT DESCRIPTION
Application No.: M-2008-03
Applicant: Tim Kelly (Embarcadero Capital Partners)
Location: 1 Results Way
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit Modification, 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
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 Modification 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
Resolution No. 6529 M-2008-03 August 26, 2008
Page 2
No. M-2008-03 as set forth in the Minutes of the Planning Commission Meeting of
August 26, 2008, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: M-2008-03
Applicant: Tim Kelly (Embarcadero Capital Partners)
Location: 1 Results Way
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Results Way Campus, Results Way,
Cupertino CA" consisting of 27 pages labeled X1.01, C1.00 through C3.00, L-1.0
through L-1.2, PERSPECTIVES, A0.01, A0.02, A-A2.01, A-A2.02, A-A3.11, A-
A3.12, B-A2.01, B-A2.02, B-A3.11, B-A3.12, C-A2.01, C-A2.02, C-A3.11, C-A3.12,
G-A2.01, G-2.02, G-A3.11, G-A3.12, including one color rendering of the project,
dated "August 14, 2008", except as may be amended by the conditions contained
in this resolution.
2. DEVELOPMENT APPROVAL
Approval is granted for the demolition of five buildings containing about 139,632
square feet and the development of three, new, t�vo-story office buildings
containing about 155,000 square feet; a two-level, 204-space parking garage,
surface parking lot and landscape improvements at an existing 19.8 acre
office/industrial park (Results Way Campus).
3. DEVELOPMENT ALLOCATION
The applicant shall receive a general plan Monta Vista Area office development
allocation of 11,015 square feet.
4. BICYCLE PARKING
The applicant shall provide bicycle parking facilities for the proposed
development in accordance with the City's Parking Regulations under Chapter
19.100 of the Cupertino Municipal Code.
5. GREEN BUILDING
At the building permit stage, the applicant shall qualify the new buildings to
achieve a LEED Silver designation.
Resolution No. 6529 M-2008-03 August 26, 2008
Page 3
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. 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.
8. PUBLIC ART
The applicant shall provide public art in accordance with General Plan policy 2-
66. Public art selection will be reviewed by the Fine Arts Commission.
9. LOT LINE ADTUSTMENT1EASEMENTS
Prior to building permit approval, the applicant shall file a lot line adjustment
application to reline existing property lines around proposed buildings and
record appropriate easements where utility lines, storm drainage, vehicular
movements, garbage enclosure access and parking may cross proposed property
lines.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
10. STREET WIDENING
Street widening and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
11. 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.
12. 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. 6529 M-2008-03 August 26, 2008
Page 4
13. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
14. 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.
15. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post-
development calculations must be provided to indicate whether additional storm
water control measures are to be installed.
16. 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.
17. 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
$3,847.00 minimum
b. Grading Permit: $ 6% of Site Improvement Cost or
$2,239.00 minimum
c. Development Maintenance Deposit: $ 2,000.00
d. Storm Drainage Fee: $47,528.83
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. 6529 M-2008-03 August 26, 2008
Page 5
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.
18. 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. The transformer
shall not be located in the front or side building setback area.
19. BEST MANAGEMENT PRACTICES
Utilize�Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be
included in grading and street improvement plans.
20. DEDICATION OF WATERLINES
The applicant shall dedicate to the City all waterlines and appurtances installed to
City Standards and shall reach an agreement with San Jose Water for water service
to the subject development.
21. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from the State Water Resources
Control Board, which encompasses preparation of a Storm Water Pollution
Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to
control storm water runoff quality, and BMP inspection and maintenance.
22. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
The applicant must include the use and maintenance of site design, source control
and storm water treatment BMP's, which must be designed per approved numeric
sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement
Agreement, Storm Water Facilities Operation and Maintenance Agreement, and
certification of ongoing operation and maintenance of treatment BMP's are
required.
Resolution No. 6529 M-2008-03 August 26, 2008
Page 6
23. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered
Civil Engineer. This plan should include all erosion control measures used to
retain materials on site. Erosion control notes shall be stated on the plans.
24. TRAFFIC/SIGNAL IMPROVEMENTS
The developer shall fund traffic signal 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.
The developer shall also offer for dedication land off the McClellan Road frontage
for road widening and improvement and fund street improvements.
25. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the
Environmental Programs Manager.
26. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager
in regards to refuse truck access for the proposed development.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 of the 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
�
u �
Ralph Qualls, Director of Public or s �
City Engineer CA License 22046
Resolution No. 6529 M-2008-03 August 26, 2008
Page 7
PASSED AND ADOPTED this 26�' day of August 2008, 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, Kaneda, Rose
NOES: COMMISSIONERS: Brophy
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTE • APPROVED:
C!� , ,
�. � —- `)
• � �
� r
_ -�--�-
Steve Piasecki, Director Marty hair
Community Development Department Planning Commission
G:�Plarmi�ig�PDREPORT�RES�2008�M-2008-03 res.doc