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Reso 40577-U-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4057 OF THE PLANNI11G CC IISSION OF ME CITY OF CUPF1GZ4O REOO1MMMIN, APPROVAL TO CONSTRUCT AND OPERATE A 40,000 SQ. FT. INDUSTRIAL BUIIDING CUNTAIIMr. OFFICES, LABORATORIES, DUAL ANDCHOIC Cii}114 ER AND ONE S 0RY LOBBY 1MUC NG TO THE EXISTING S WCRW ON THE SITE SECTION I• FINDINGS WHMEAS, the Planning Cou nission 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 WmRFAs, the Planning Commission 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 accommodate 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, THEREMM, 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 reommiended 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 are contained in the Public Hearing record concerning Application 7-U-88 as set forth in the Minutes of the Planning Commission Meeting of May 24, 1988, and are incorporated by reference as though fully set forth herein. RESOLUPLON NO. 4057 (7-U-88) 5/24/88 PAGE-2- SECTION II. VFCJECr DATA Application No(s) 7-U-88 and 13-EA-88 Applicant: Ken Kay Associates Property Owner: Tandem Cir uters Location: Southwest quadrant. Tantau Avenue at Inter- state 280 • •• • • •• a s•,a• �i ••�.. •1�!':i!4�e!±�! �•1211 ly � Street widening, improvements and dedications shall be provided in accordance with City Standards and specificaticros and as required by the City Engineer. • r a- r •.• a is Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STRE T IMNING INSTALSATION 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. 4. FIRE HYIAZANP Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. YY• 717/ Y::in 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 125. Grading shall be as approved and required by the City Engineer in accordance with ordinance 125. d RESOLUTION NO. 4057 (7-U-88) 5/24/88 PAGE - 3 - 8. DRAI2�GE a Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Develcpnent in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. The developer sha11 ccnply 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. 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of constriction permits. 11. TRANSFURNQi.S 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. SECTTON IV: CONDMONS ADMINISTERED BY THE PLANNING DEPARTMENP 12. APPROVED E70iIBITS The recamnendation of approval is based on Exhibits A 1st Revision, B 2nd Revision, B-1 2nd Revision, B-2 1st Revision, B-3 1st Revision, B-4, B-5, C 1st Revision and (5) Informational sheets of Application 7-U-88, except as may be amended by the Conditions contained in this Resolution. RESOLUrICN NO. 4057 (7-U-88) 5/24/88 PAGE - 4 - In the event that the applicant or subsequent property owner shall desire to make any minor changes, alterations or ametrhnent of the approved development plan, a written request or revised development plan shall be submitted to the Director of Planning and 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. If the Director finds that the requested changes are material, such changes shall be referred to the Planning Commission for approval. If the changes are denied by the Planning Commission, the applicant may appeal to the City Council as provided in City ordinance No. 652. If said changes are approved by the Planning Commission, an appeal may be made to the City Council by any interested party. Further, 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. 14. MASONRY WALTZ A masonry wall shall be provided on the project's eastern boundary adjoining the residential area and extending to the south end of the parking lot for the Santa Clara Park site. Additionally, the applicant agrees to work with Valloo Park to attempt to extend the wall northerly along the rear yards of two adjacent hones. said wall shall be at least eight feet in height (as measured fYan highest adjoining finished grade). The masonry wall shall be faced with a stucco finish subject to staff approval. The applicant shall demonstrate that an appropriate deed restriction and covenant running with the land exists for all parcels which share a cm=n private drive or private roadway with one or more other parcels. 16. APPROVED USES Approved is granted to construct a 40,200 sq. ft. industrial office Wilding including a 10,500 sq. ft. anechoic chamber. RESOLUTION NO. 4057 (7-U-88) 5/24/88 PAGE -5- 17. BICYCLE PBRiCIIx The applicant shall install one secured bicycle locking device (Bicycle Locker) for every 6,500 sq. ft. of building floor area. Secured bicycle locking spaces required by this condition may off -set required vehicle parking spaces on a 1 for 1 basis. 18. TREE PROTfiJGTION The applicant shall provide a plan for preservation of the existing specimen trees on the subject property. Said plan shall include graphic depiction of protection devices to be installed along the dripline perimeter of each tree for the duration of construction activities. The plan shall include a written report from a consulting arborist or landscape architect, whose selection shall be approved by the Department of Planning and Development prior to preparation of the report. Said report shall detail measures to be taken to ensure the survival of said specimens during and after construction. Trees along the easterly property line which are no longer living shall be replaced with 24 ft. box trees of a eanoarable variety. -•• ••• • a• as la 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 may, at the city's optical, 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. • .�• M_�� 1JY71• VIa�.I: J �� 1 :Vla\�a Roof mounted mechanical equipment and mechanical equipment screens may not extend beyond the height of the proposed building as illustrated on the approved exhibits. The roof screen shall continue around the north elevation and match the height and design of the anechoic chamber. 21. T9JCK DOCK LOADING AREA - WING WALL The applicant shall install a acoustically sensitive wing wall as reaxnmended in the report from Edward L. Pack Associates dated May 3, 1988 • 91 • - la M• 71• Transfer of the applicant shall record a covenant to reflect the transfer of development credit on the transferring and receiving property. The covenant shall be recorded prior to issuance of building permits.