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Reso 406213-U-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOUMON NO. 4062 OF TSE PLANNING OCFKMION OF THE CM OF CUPMM40 REOCMMENDING APPROVAL OF A USE PERMIT TO OONSIlUJCT AN EIGHT STORY, 325,000 ± SQ. FT. n WSTRLWOFFICE DwIDING SECTION I• FINDINGS WEEtF.A.S, the Planning Ccu 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 WHEREAS, the Planning Ccmuission finds that the application meets the following requirenents: 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 accmmmdate 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 u pravements in the neighborhood. NOW, THEREFORE, EE IT RESOLVED: U at after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recamnended 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 13-U-88 as set forth in the Minutes of the Planning Ccmmiission Meeting of June 13, 1988 and June 16, 1988, and are incorporated by reference as though fully set forth herein. Resolution No. 4062 (13-U-88) 06/16/88 Page -2- SECTION II: DFSCRIPPION OF PRilTECP Application No(s) 13-11-88 Applicant: Tandem CcaMters, Inc. Property Owner: Vallco Park. Ltd. Location: Northwest corner of Stevens Creek Boulevard and Tantau Avenue SECTION III: CONDITIONS AEK NISTERED BY THE PUBLIC WORKS DEPA 7t` 1. gM ET It4Pr40VEVM,?I5 & DEDICATION street widening, improvements, and dedications shall be in accordance with City standards and specifications and as required by the City Engineer. 2. CURB. GUTPER & SIDEWALK Curbs, gutters, sidewalks and structures shall be installed to grades and to be constructed in accordance with standards specified by the City Engineer. 3. LSC�iPING street lighting shall be installed and shall be as approved by the City Engineer. on -street lighting shall be as required by the Architectural and Site Approval Committee and Ordinances and regulations of the City. All on and off -site lighting shall be designed to in no way interfere with adjacent areas and shall be no higher than the maximum height permitted by the zone in which the property is located. 4. FIRE FiYLbtATlP .- Fire hydrants shall be located as required by the City. 5. TRAFFIC CONPROL SIC3dS Traffic control signs shall be placed at locations specified by the city. 6.• SIREET 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 125. 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance 214(a). M Resolution No. 4062 (13-U-88) 06/16/88 Page -3- 8. DRAINa1GE Drainage shall be provided to the satisfaction of the City Engineer. 9. UNDERrTOJND UPIISI'IFS The applicant shall be responsible for caplying with the requirements 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 oag3anies involved for the installation of said facilities. The applicant shall submit a detailed plan showing utility underground provisions. (This plan waist have prior approval of the utility cowries and the City Engineer.) 10. TAM= AVENUE/STEVENS CREEK BLUR INnWEMON I 'FmVII4FS7PS The applicant shall improve the intersection of Tantau Avenue and stevens Creek Boulevard to acccumcdate two left turn lanes and one right turn lane including but not limited to right-of-way dedication (if necessary), restripirg, signal modification or other functional improvements deemed necessary by the Director of Public Works to control traffic circulation. 11. BUS TURN-CVP The applicant shall dedicate and improve a bus turn -out on Stevens Creek Boulevard west of Tantau Avenue, subject to the approval of the Director of Public Works. 12. VALLOO PARKWAY The in and out driveways located near the corner of Valloo Parkway and Tantau Avenue shall be modified to avoid conflicts -with turning movements and queing lanes. said driveway may be limited to right turn -in and right turn -out only, if required by the Director of Public Works. The applicant shall install directional devices (such as medians) as deemed appropriate by the Director of Public Works. 13. SITVENS CREEK BOULEVARD DRIVESg1Y The driveway located on Stevens Creek Boulevard shall be relocated, or otherwise modified to the satisfaction of the Director of Public Works. If the driveway is shared with the side access to the west, the applicant/property owner shall enter into reciprocal ingress/egress easements. 14. DIVERSION OF TRAFFIC FRM NEIGHBOIOMD STREETS The applicant shall modify or install traffic diverters/signal modifications. or other functional improvements to ensure project traffic does not penetrate into neighborhood streets. Said improvements may be required at the the intersections of Stevens Creek Boulevard with Tantau Avenue and Finch Avenue as deemed appropriate by the Director of Public Works. Resolution No. 4062 (13-U-88) 06/16/88 Page -4- PIM plxtjxoregzq•H'Ali Ii The applicant shall be responsible for conpleting the site as shown on the approved plot plan and shall be required to enter into a development agreement with the City of Cupertino providing for payment of necessary fees, including but not limited to docking and inspection fees, storm drain fee, and underground utility fee. said agreement shall be executed prior to the issuance of a building permit. SECTION IV • CONDITIONS ADMINISTERED BY Tim PLANNING DEPAKISIFNT 16. APPROVED EXHIBITS That the recommendation of approval is based on Exhibits A, B, B-1, B-2, B-3, B-4, B-5, B-6, B-7, B-8, B-9, B-10, B-11 of Application 13-U-88, except as may be amermcied by special conditions enumerated herein. 17. APPROVED SITE PLAN The location of all buildings, fences, roadways, parking areas, landscaping and other facilities or features shall be as shown on the site plan submitted, except or unless indicated otherwise herein. 18. LANDSCAPIT7G Landscaping areas shall be maintained as shown on site plan. Detailed landscaping plans, related to arrangement, selection of plant materials and sizes, shall be approved by the Architectural and Site Approval Committee and City Council prior to issuance of a building permit. 19. TRANSFOR 4ER SQ2EFNSr1G Electrical and telephone transformers shall be screened with fencing and landscaping, or undergrounded, such that they are not visible from public street areas. 20. MODIFICATION OF APPROVED DEVEIAPM NT PLAN In the event that the applicant or subsequent property owner shall desire to make any minor change, alteration or ammerdment in the approved development plan or building permit, a written request and revised development plan or building permit shall be submitted to the Director of Planning and Development. If the Director makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or adjoining the development area, the Director may certify the change on the M Resolution 110. 4062 (13-U-88) 06/16/88 Page -5- revised plan. If such approval is withheld, the applicant may appeal to the planning Commission. If the changes are material, the Director shall subut said changes to the Planning Commission for approval. If the charge is denied by the Planning Commission, the applicant may appeal to the City Council as provided in ordinance 652 of the City of Cupertino, If the change is approved, an appeal may be made by an interested party. Further, any member of the City Council may request a hearing before the City Council, said request to be made within ten (10) days from the date of approval - when the change has been approved by the Planning Commission. 21. FIRE SUPPRESSION The applicant shall provide the following equipment, access and design features relative to fire suppression. The equipment and design features shall be approved by the City after consultation with the Central Fire District: A) Tool caches shall be located in smoke proof enclosures as directed by the City in consultation with the Central Fire District Tbols and storage racks shall be acquired by the applicant. B) The applicant shall ensure that emergency radio oammunications can be maintained throughout the structure. Install a radio repeater system prior to issuance of occupancy permit, if determined to be necessary by the Director of Planning in consultation with the Fire District. C) A fire control room should be located with an outside entrance. This room shall be furnished and equipped as required by Chapter 18 of the uniform Building Code. Location and equipment is provided subject to City staff approval in consultation with the Central Fire District. D) A K=x Box system shall be required to store essential keys. E) The applicant shall contribute up to a maximum of $150,000 (not to exceed one-third of the cost) towards the initial purchase of an aerial ladder truck. If the aerial truck has already been purchased, the applicants shall contribute their proportionate share of the costs of said truck based on an equitable formula related to benefit received. Benefits received may be based on acreage, square footage, building height, or building area at an elevation greater than 60 ft. The formula and contribution shall be determined by the staff and approved by the City Council prior to release of building permits. The benefit formula shall provide for the reimbursement of the initial contributions in excess of their proportionate share. o� Resolution No. 4062 (13-U-88) 06/16/88 Page -6- The intent of the condition is to require applicants for high-rise structures to fund extraordinary equipment needed to suppress high-rise fires. The acquisition agreement shall be approved by the City Council. In addition to the foregoing measures, the applicant shall consult with the City and the Central Fire District to ascertain and execute any changes necessary in the site's equipment access to buildings and public spaces. F) Me applicant shall satisfy access requjsentents, possibly including fire truck access to the south side of the building and access by fire personnel into the parking structure, as necessary. 22. SECURITY PLAN Prior to application for building permits for the approved hotel/office project, the applicant shall prepare a security plan for the complex, in consultation with the Santa Clara County Sheriff's Department. 23. LANDSCAPE REVIEW Prior to application for building permits, the applicant shall submit a comprehensive landscaping planting and irrigation plan for all exterior landscape areas (including trellis and canopy materials) included with the office complex. Said landscape/irrigation plan shall be subject to formal review and approval by the Architectural and Site Approval Committee. The landscaped setback area separating the parking garage from Stevens Creek Boulevard shall be a minimum of 33 feet measured frrm curb. A "parkway" sidewalk section shall be used consisting of 10 feet of planting area next to the curb, a five foot sidewalk, and a minimmu of 10 feet of planting area beyond the sidewalk. Adjustments in minimmt landscape depth may be approved in the vicinity of the bus turn -out. 24. SIGN PROGRAM Sign program informatics on the exhibits is not approved. The applicant shall apply to the Architectural and Site Approval Committee for formal sign program review. 25. PER141 ED USES Approval is granted to construct 325,0W4- sq. ft. of industrial administrative office/building. M Resolution No. 4062 (13-U-88) 06/16/88 Page -7- proto-type research and development is permissible if conducted in concert with office functions of a business establishment. Proto-type research and development is defined as follows: Proto-type R & D refers to research and development activities which lead to the development of a new product or a new manufacturing and assembly process. Products which are developed, manufactured and/or assenbled as a part of the proto-type facility are not intended to be mass produced for sale. Guidelines for Proto-type Research and Develorniernt Control of hazardous materials: The type, use and storage of hazardous materials for proto-type research and development or assembly is regulated by the Uniform Building Code, the Uniform Fire Code and any new ordinance or other regulations which controls hazardous materials. Control of physical appearance: There shall be no outward a� that a pr�oto-type research and development or assembly process is in place. There will be no exterior storage, and receiving facilities shall be limited in scale. Generally, no more than 25% of the total space occupied by the firm will be devoted to a proto-type research and development or assembly activity. r . -�• •�• n• �a is The applicant or successor in interest shall record a covenant agreeing to join a van pool/car pool program to be established by the City of Cupertino. Said covenant may, at the City's option include provisions requiring the applicant or successor in interest to provide, by lease or purchase, up to one twelve (12) passenger van. Provision of said van is to be contingent upon the success of the private program, success being defined as securing a paid driver and sufficient paying passengers to defray the cost of acquiring and operating the vehicle. 27. BICYCLE PARKING The applicant is obligated to install one secured bicycle locking facility, which is secured and protected from the weather, for every 6,500 sq. ft. of office building area. The applicant may defer the installation of one half of the required number of facilities perdinq a future study of the rate of use for the initially installed lockers. The study shall be initiated (aryl funded by the applicant or subsequent owner) if the City determines, via a couplaint or observation, that there is a deficiency in the number of bicycle facilities. A covenant shall be recorded following approval by the City Attorney which informs a subsequent owners of interest of this obligation. _ Resolution No. 4062 (13-U-88) 06/16/88 Page -8- 28. PUBLIC ART Prior to issuance of construction permits, the council shall retain the option to require installation of one or more "works of art" for public viewing and accessibility within the project boundaries, as said works of art are defined in the guidelines developed by the Cupertino Fire Arts Commission and adopted by the City Council in January, 1988. The subject matter, placement and degree of public accessibility to works of art displayed shall be subject to approval of the Fine Arts commission, with final approval of the city Council. Cost for acquisition and on -going maintenance of said works of art shall be borne by the developer or successor in interest. The developer shall prepare and record an appropriate instrument holding the City of Cupertino harmless from any liability associated with the installation or display of said works of art. 29. MODIFTED SITE PLAN The applicant shall modify the site plan to reflect street dedications which maintain minimum landscape setback areas. Me canopies, trellis and parking on the south side of the parking structure shall be interrupted to provide vistas into the plaza lawn area beyond per the applicant's revised drawing submitted at the planning Commission meeting of June 13, 1988. Additionally, the applicant shall relocate or significantly modify (reducing height and/or scale) the above grade levels of the parking structure at the corner of Stevens Creek Boulevard and Tantau Avenue to provide a significant open area at the corner with an opportunity for activity visible from the street and sidewalk, possibly connecting visually with the elements of the interior plaza. The revised site plan shall be approved by the Planning Commission and City Council prior to release of building permits. 30. TRANSFER OF DEVELOPMENT CREDIT The applicant/property owner shall record a covenant describing the allowable development credits and the transfer of development credits from the additional square footage allocated to the Valloo Park area. The amount of development credits transferred shall be equal to the building area net of the basement and penthouse mechanical spaces (approximately 12,000 sq. ft.), the cafeteria dining area (approximately 5,700 sq. ft.) and the hall of products located adjacent to the lobby (approximately 7,000 sq. ft.), minus the M Resolution No. 4062 (13-U-88) 06/16/88 Page -9- allowable building area allocated to the site. The allowable building area is equal to the net site area, after all public street dedications, rultiplied times .37. The following fonmaa reflects the above calculation: Net Building Areal - Allowable Building Area2 Square Footage to 3 be transferred 1. Net BuildirKI Area Equals: Gross Building Area 324,500 sq. ft. minus Basement mechanical - 10,000 sq. ft. Penthouse mechanical - 2,000 sq. ft. Cafeteria Dining - 5,700 sq. ft. Hall of Products - 7,000 sq. ft. Approximately 299,800 sq. ft. 2. Allowable Building Area Equals: Net Site Area (excluding all public right- of-way dedications) 237,600 sq. ft. x .37 87,900 sq. ft. 3. Square Footage To Be Transferred Equals Approximately 299,800 sq. ft. 87,900 sq. ft. 211,900 sq. ft. The final amount to be transferred shall be based on the construction and inprovement drawings submitted to the Building Department for construction permits. Said transfer of development credits shall conform to the procedures set forth in the Floor Area Ratio (FAR) Policy Manual adopted by the city Council. 31. DEVEMPMENP FEE Tn July 1983, the City Council adopted a General Plan Amendment (1-GPA-80), which permitted greater building intensity within Valloo Park and City Center. During discussion preceding adoption of the construction tax, the City co%uncii reserved the right to apply added assessments for square footage above the base levels to mitigate potential development impacts associated with a proposed project.