Reso 6497 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6497
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A USE PERMIT TO
CONSTRUCT A 100,000 SQUARE FOOT, TWO-STORY OFFICE BUILDING
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; and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the Conditional Use
Permits Chapter of the Cupertino Municipal Code.
3) The proposed development is consistent with the North Vallco Park Special
Center Area and North Vallco Master Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for a Use Permit is hereby approved, 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-2007-09 as set forth in the Minutes of the Planning Commission Meeting of
December 11, 2007, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2007-09
Applicant: Larry Wallerstein, Tantau Investments, LLC
Location: 10900 N. Tantau Avenue
Resolution No. 6497 U-2007-09 December 11, 2007
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits submitted by Devcon Construction, Inc., titled:
"10900 N. Tantau, Cupertino, CA," consisting of 18 pages labeled A0.1 through
A9.1, Civil 1-3, LP-1, TS-1, E2.1, E2.2, and Land Title Survey, and a colored
rendering of the project, except as may be amended by the Conditions contained
in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct a 100,000 square foot, two-story office building
and associated site improvements as shown in the approved exhibits.
3. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 5,126 square feet of office square
footage from the North Vallco Park Special Center area allocation.
4. PARKING
The applicant shall provide a minimum of 416 parking spaces on site in
accordance with the approved site plan. The applicant may convert the parking
islands in the rear parking lot behind the building for additional parking spaces
in accordance with the approved site plan.
5. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed
office building in accordance with the City's Parking Regulations under Chapter
19.100 of the Cupertino Municipal Code.
6. LANDSCAPE PLAN
The applicant shall submit 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 provide the following:
a. The landscape plan shall include 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. Plant minimum 24-inch box trees where trees are specified to be planted on
site. All trees shall be native species of trees.
7. GREEN BUILDING
The applicant will obtain LEED Silver New Construction certification for the
building in accordance with the U.S. Green Building Council standards and the
City's Green Building policies.
Resolution No. 6497 U-2007-09 December 11, 2007
Page 3
8. PLAZA AREAS
The applicant shall provide decorative pavement treatment in the plaza areas
along the frontage and sides of the building.
9. SIDEWALKS
a. Prior to final occupancy, the applicant shall repair or replace any portions of
the sidewalk along N. Tantau Ave. in front of the project site that are in
disrepair, as determined by the Director of Public Works.
10. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform
to the City's Sign Ordinance.
11. SIGN PROGRAM
A sign program shall be required for the new office building in accordance with
the City's Sign Ordinance.
12. BUILDING COLORS AND MATERIALS
The building colors and materials shall be consistent with the materials board
submitted by the applicant.
13. TREE REMOVAL
The applicant is approved to remove a total of 37 trees on site in accordance with
the proposed tree survey/removal plan dated November 14, 2007. For any
additional trees on site that are removed due to hazardous conditions or are
considered dead, the applicant shall be required to replace these trees in
accordance with the City's Protected Trees Ordinance.
14. TREE PROTECTION
As part of the building permit drawings, a tree protection plan shall be prepared
by a certified arborist for the trees to be retained. The applicant shall be required
to install tree protection measures before and during development in accordance
with the City Arborist's report dated September 12, 2007. In addition, the
following measures shall be added to the protection plan:
a. For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
b. No parking or vehicle parking shall be allowed under root zones, unless
using buffers approved by the project arborist.
c. No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City Arborist shall be
consulted before any trenching or root cutting beneath the dripline of the
tree.
d. Tree protection conditions shall be posted on the tree protection barriers.
e. Retained trees shall be watered to maintain them in good health.
Resolution No. 6497 U-2007-09 December 11, 2007
Page 4
15. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $100,000 to
ensure protection of 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.
16. TREE REPLACEMENTS
The applicant is required to plant a minimum of 68 24-inch box replacement trees
on site in conjunction with the removal of 37 trees on site, in accordance with the
City's Protected Trees Ordinance. All replacement trees shall be native species of
trees. The applicant may be able to reduce the number of replacement trees on
site, if larger size trees are proposed, in accordance with the tree replacement
standards of the ordinance. For any additional trees that are removed due to
hazardous conditions or are considered dead, the applicant shall be required to
replace these trees in accordance with the Protected Trees Ordinance. Species
and size of replacement trees shall be reviewed and approved by the Community
Development Department.
17. TREE REPLACEMENT IN-LIEU FEE
The applicant shall pay an in-lieu fee for any trees that cannot be replaced on site
in accordance with the City's Protected Trees Ordinance.
18. SCREENING
All mechanical and other equipment on the retail 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.
19. TRASH AND DELIVERY ACTIVITIES
A detailed refuge and truck delivery plan must be prepared by the applicant.
The plan shall specify locations of trash facilities, refuge pick up schedules and
truck delivery schedules and routes. All trash facilities must be screened and
enclosed to the satisfaction of the Public Works Department. The final plan shall
be submitted to the City for review and approval prior to issuance of building
permits.
20. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and
approved by staff prior to issuance of building permits. Staging of construction
and equipment shall not occur within 250 feet of any residential property.
Resolution No. 6497 U-2007-09 December 11, 2007
Page 5
21. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials will be recycled prior to issuance of final demolition
permits.
22. PUBLIC ART
The applicant shall install public art on the subject property 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.
23. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
24. OFF SITE IMPROVEMENTS
Curbs and gutters, sidewalks, streetlights, street widening and related structures
shall be installed in accordance with grades and standards as specified by the
City Engineer.
If street lighting is required, 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.
' 25. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
Resolution No. 6497 U-2007-09 December 11, 2007
Page 6
26. 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.
27. 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.
28. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
* Pre and Post-development calculations must be provided to identify if storm
drain facilities need to be constructed or renovated.
29. 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. Ordinance No. 331 re�uires all overhead lines to be
under�round whether the lines are new or existin�. 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.
30. 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. Grading Permit Fee: $6% of On Site Improvement Costs or
$ 2,163.00 minimum
b. Checking and Inspection Fee: $5% of Off Site Improvement Costs or
$ 2,304.00 minimum
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $8,712.00
e. Power Cost: **
f. Map Checking Fees: N/A
g. Park Fees: N/A
Resolution No. 6497 U-2007-09 December 11, 2007
Page 7
Bonds (Required):
a. On-Site Improvements Bond: 100% Performance Bond
b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material
Bond
-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.
** Developer is required to pay for one-year power cost for streetlights
31.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.
32. BEST MANAGEMENT PRACTICES �
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil.
33. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must file for a NOI (Notice of Intent) and must prepare a Storm
Water Pollution Prevention Plan with the State Water Resources Control Board.
The city must obtain documentation that the process has been completed.
For copies of the Construction General Permit, the NOI and additional permit
information consult the state Water Resources Control Board web site at:
htt�:/www.swrcb.ca.�ov/stormwtr/construction.html
34. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
a. Permanent Stormwater Quality BMPs Required
In accordance with chapter 9.18, Stormwater Pollution Prevention and
Watershed Protection, of the City Code, all development and redevelopment
projects shall include permanent BMPs in order to reduce the water quality
impacts of stormwater runoff from the entire site for the life of the project.
b. Stormwater Management Plan Required
The applicant shall submit a Stormwater Management Plan for this project.
The permanent storm water quality best management practices (BMPs)
included in this plan shall be selected and designed in accordance with chapter
Resolution No. 6497 U-2007-09 December 11, 2007
Page 8
9.18, Stormwater Pollution Prevention and Watershed Protection, of the City
Code.
c. BMP Agreements
The applicant and the City shall enter into a recorded agreement and covenant
running with the land for perpetual BMP maintenance by the property
. owners(s). In addition, the owner(s) and the City shall enter into a recorded
easement agreement and covenant running with the land allowing City access
at the site for BMP inspection.
35.MAINTENANCE AGREEMENT
The applicant will be required to maintain all items, which are non-standard
within the City's right of way. The applicant and the City must enter into a
recorded agreement for this aforementioned work.
36. GARBAGE AND RECYCLING
The applicant will be required to gain approval from the Environmental
Programs Department prior to obtaining a building permit for the overall
garbage and recycling of the subject development. A refuge truck access plan
must be approved by the Environmental Progra�ns Department.
PASSED AND ADOI'TED this 11th day of December 2007, 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, Kaneda, Rose
NOES: COMM�SSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Miller
, _..:_ .. �
,.-
ATTEST• 4 _� _ __. AP,T�RO�D:
_.,_, ;
li�'� �-- � . _ ---
, .�,
� ,
'' �
Steve Piasecki _ L' a iefer,
Director of Community Development Planning Commissio
G:IPlanninglPDREPOR71RES120071 U-2007-09 res.doc