Reso 4058APPLICATION 3-U-B8
[ T Y O F C U P E R T I N O
10300 TORRE AVENUE
CUPERTLN0, CALIFORNIA 95014
RESOLUTION NO. 4 058
OF THE PLANNIM OCKMSSION OF THE CITY OF CUPERTINO
RECOMMING APPF4=L OF A MASTER USER PEWIT FOR AN
INDUSTRIAL 034PIE% ALILWING TRANSFER OF
DEVEIDPMESFr CREDIT BEIWEEN SITES, PHASING OF IIMPROVDIENPS
LANDSCAPING AND CREEK MODIFICATIONS, AND
FSTABLTSHNENT OF PARKING STANDARDS.
SECTION I• FINDII7G�
WHEREAS, the Planning Conmiission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
• WHEREAS, the applicant has met the burden of proof required to support
said application ; and
WHEREAS, the Planning Camnission finds that the application meets the
following requirements:
a) That the use or uses are in conformance with the General plan of the
City of Cupertino, and are not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is
to be located.
b) That the property involved is adequate in size and shape to
accosm odate the proposed use.
c) That the proposed use will not generate a level of traffic over and
above that of the capacity of the existing street system.
d) That the proposed use is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious to
• property and improvements in the neighborhood.
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 reccmwrded 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
conoannir,T Applicetivn 3-U-88 as set forth in the Minutes of the Planning
Com dssicn meetinFot May 24, 1988, and are incorporated by reference as
thouctr futly set forth: herein-.
RESOLUTICK NO. 4058 (3-U-88) 5/24/88
PAGE - 2 -
SE=—OV II • pfSCRIPI'ICN OF PRQ7E G'f
Application NO(S) 3-U-88
Applicant: Ken Ray Associates
property Owner: Tandem Ocnatter
Location: Tantau Avenue between I-280 and Pruneridge
Avenue
Sti'MW III• coNDIRIONS ALMINIS OW U THE PUBLIC WORKS DEPAiYI2tM
1. SI;= ll-MmMgM & DEDICATION
Street widening, inprovements and dedications shall be provided in
ac=rdance with City standards and specifications and as required by
the City Engineer.
2. CURB GUM- & SIDEWAIIC
Curbs, gutters, sidewalks, and structures shall be installed to grades
and be oCnstn=tsd in accordance with standards specified by the
Stevens creek Boulevard sidewalk and Landscaping Standard, to the
satisfaction of the City Engineer.
3. GILIIZNG
Street lighting shall be installed and shall be as approved by the
City Engineer. All on and off -site lighting shall designed to in no
way interfere with adjacent areas and shall be no higher than maxirman
height permitted by the zone in which the property is located.
mmmr+ .YlMN�
Fire hydrants shall be located as required by the City.
• 5. TRA FIC CONTROL SIC315
Traffic control signs shall be placed at locations specified by the
City.
�,W Y;-42
Street trees shall be planted within the Public Right of Way and shall
be of a type approved by the City in accordance with Exhibit B of Use
Permit 3-U-88.
RESOLUTION 170. 4058 (3-U-88) 5
PAGE-3-
/24/88
7. GRADING
Grading shall be as approved and required by the City EMineer.
: •.: •tai
Drainage shall be provided to the satisfaction of the City Engineer.
The developer shall be responsible for o anplying with the tents
of the Underground Utility Ordinance No. 331 and other related
ordinances and regulations of the City of Cupertino, and shall make
the necessary arrangements with the utility companies involved for the
installation of said facilities. The subdivider shall submit a
detailed plan showing utility underground provisions. (this plan must
have prior approval of the utility orngnanies and the City Engineer.)
10. TRANSFOFdiERS
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 project developer shall enter into a development agreement with
the City of Cupertino providing for inplenentation of improvements and
payment of fees, including but not limited to checking and inspection
fees, storm drain fees, park dedication fees and fees for
uniergrOunding of utilities. Said agreement shall be executed prior
• to issuance of construction permits.
• •• . • •. a a -,a• � � i • •r-•-�.�i�
12. APPROVED EXHIBl�S
The approval is based on Exhibits A, A-1, A-2, B and B-1 of
Application 3-U-88 except as may be amended by additional conditions
enumerated herein.
The site's aggregate development intensity credit shall reflect
compliance with the General Plan Floor Area Ratio of .37.
Distribution of said developnent intensity shall be as follows:
RESO=ON NO. 4058:3-U-88) 5/24/88
PAGE - 4 -
Parcitl Area 300,128 273,600 204,166
Gross Building ,area 1-03,000 120,400 63,793
FAR Exclusions" 8,002 20,000 0
Net Buildirg Area 94,998 100,400 63,793
Bldg -Area .37 FAR 111,047 101,322 75,541
Surplus 16,049 922 11,748
TV= SURPLUS 28,719 s.f.
FAR exclusions for Building 206 include the lobby area (2,863 s.f.)
and cafeteria dining space (6,014 s.f.). FAR exclusion for Building
201 includes a 20,000 s.f. recreation center for private use by
on -site employees.
• The 17,846 surplus development credit flan Sites 200 and 201 shall be
assigned to Site 55 for purposes of expansion as follows;
Proposed Development Credit - Site 55
Ecisting Net Building Area
63,793 s.f.
Additional Area Allowed .37 FAR
11,748 s.f.
Transfer Credit From Bldgs. 200 and 201
16,971 s.f. (16,049 + 922)
Anechoic chamber exclusion
10,611 s.f.
Gross Building Area
103,123 s.f.
Net Building Area
92,512 s.f.
The recreation building shall not be used for office or industrial
• purposes except as needed to serve its recreational intent. The
anechoic testing facility shall not be used as office space,
manufacturing or industrial uses unrelated to its function.
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning aril Development.
If the Director makes a finding that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said changes may be certified on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning commission.
RFsoizrT w !;o. 4058 (3-U-88) 5/24/88
PAGE - 5 -
If the Director finis that the requested changes are material, such
changes shall be referred to the Planning Conanission for approval. If
the changes are denied by the Planning Coamiission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Conmission, an appeal may
be made to the city Council by any interested party. PLuther, any
Member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days from the date of approval of said changes by the
Planning Commission.
15. BICYCLE PARKQJG
he applicant shall install one secured bicycle locking device (Bicycle
Locker) for every 6,500 sq. ft. of building floor area.
• 16. CAR POOL/VAN POOL AGREFSIFNP
The applicant or successor in interest shall record a covenant
agreeing to join a car pool/van pool to be established by the City of
Cupertino. Said covenant nay, at the city's option, include
provisions requiring the developer to provide, by lease or purchase,
one twelve passenger van. Provision of said vehicle shall be
contingent upon the success of the private program; success is defined
as securing a paid driver and sufficient paying passengers to defray
the cost of acquiring and operating the vehicle.
17. PARKING - BUILDING 200
The Use Permit reduces parking for Buildings 200 and 55 resulting in a
deficiency from current parking standards. By implementing this Use
Permit, applicant property owner agrees to mitigate future parking
. problems identified by the Cupertino Planning Ccamnission or city
council including but not limited to installing sufficient spaces to
meet the Ordinance standard.
18. FLOODING
The applicant/property owner shall design the landscaping, parking,
access and driveway entrances to minimize potential on -site flooding
of existing and proposed structures. The final grading details shall
be subject to staff approval.
19. ARCHITECTURAL AND SITE APPRK7VAL
The applicant/property owner shall submit for final ASAC approval of
the Building 55 expansion, future recreation building, pedestrian
bridges and detailed landscaping plans.