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Reso 4216APPLICN11ON 13-U-89 C I T Y O F C U P E R T I N O 10300 Torre Avenue Cupertino, California 95014 RESOLilrION No. 4216 OF'111E PLANNING COMMISSION OF 711E CITY OF CUPE1d1M RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISIZNG 570,000 S.F. INDUS'MIAL BUILDING AND OONGIRL1CP A FOUR-BUnDING, 785,000 S.F. (NET) R&D/OFFICE COMPLEX SECMON I. FINDINGS WHEREAS, the Planning Commission 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 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}i 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 acconmiodate 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, TEEZEFORE, 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 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 13-U-89 as set forth in the Minutes of the Planning Ccmranission Meeting of October 23, 1989 and are incorporated by reference as though fully set forth herein. Y Resolution No. 4216 (13-U-89) 10/23/89 Page -2- S17C1'rON TT: API'MCA'I'ION DF';CRTPl7ON Application No: 13-U-89 and 14 -FA -89 Application: sobrato Develonnent Coamnies Property owner: Sobrato Interests II Location: Fast side of De Anza Blvd between Interstate 280 and Mariani Avenue Parcel Area: 32.5 Acres SECTION III• CONDMONS ADMTNTSPLRED BY '111E PUBLIC WORKS DEPAiiIMENr 1. STREEr WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. Said improvement shall include modification of the Marian Avenue/DeAnza intersection. East approach improvements shall be implemented concurrently with project construction. south approach improvements shall be implemented as directed by the City. Building permits shall not be issued until contracts have been let for }i the following improvements: . wU kk- 1. DeAnza Boulevard overcrossing of 280 freeway. 2. Homestead/DeAnza intersection improvements completed (lane widening/restriping). 3. DeAnza Boulevard/Stevens Creek Boulevard intersection widening and restriping. 2. CURB AND GUTTER IMPR0VFT4FNIu Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. 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 maxim= height permitted by the zone in which the site is located. 4. FIRE SAFETY Developer shall cxmrply with all fire safety requirements specified by the City in consultation with the Central Fire District. Resolution No. 4216 (13-U-09) 10/23/09 Page -3- 5. slIZE r T72F3S 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. 6. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. First floor finished floor elevation shall not exceed 24 inches above the highest top of curb elevation on the adjoining De Anza Boulevard frontage, unless the need for greater elevation is demonstrated to the City Engineer for purposes of achieving proper site drainage or resolving other technical constraints. 7. DRAINAGE _ Drainage shall be provided to the satisfaction of the City Engineer. The developer shall ccaply with the requirements of the Underground Utilities Ordinance No. 391 and other related Ordinances and)I 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. � � • • io • �a is 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 construction permits. 10. 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. SE=ON IV: ODNDITIONS ADMMSTERED BY THE O0MM0NrN DEVEUDPMENr DEPT. 11. APPROVED EXHIBTTS The recommendation of approval is based on the sheets 1, 2, A-3, A-4, A-5, A-6 and A-11 dated July 14, 1989 of Application 13-U-89, except as may be amended by the Conditions contained in this Resolution. N pesolution No. 4216 (13-U-89) 10/23/89 Page -4- 12. DFMOT,TTION RR)UTRFMINC All existing buildings on the subject site shall be demolished at one time or in phases at the developer's discretion. If demolition is phased, the following stipulations apply: a) Developer shall obtain staff approval of a development phasing diagram depicting the gross and net floor area and location of all structures to remain in use arca to be removed during each phase, existing arra redeveloped site improvements for each phase, and the approximate time schedule for each phase. b) No more than 785,000 s.f. of net useable floor are shall be occupied during each phase of demolition/new construction. c) Zbe existing easterly structures shall be removed during the lattermost phase of demolition/reconstruction in order to provide noise buffering to the adjoining neighborhood during preceding phased demolition activity. d) A temporary truck access route will be paved to the east side of Building C at a location as far west as possible from the site's common property line with residential uses. }i 13. SHARED ACCESS/PRIVATE DRIVEWAY OOVFNANP Sheet 1 shall be modified at the building permit stage to include a shared access driveway between the subject site and the adjoining 2.2 acre restaurant/office building site at the northeast corner of -De Anza Blvd./Mariani Avenue. The owner shall reoord an appropriate deed restriction and covenant running with the land for all parcels which share a common driveway or private roadway with one or more other parcels as depicted on the approved subdivision map. Said deed restriction shall provide for necessary reciprocal ingress/egress easements to and from the affected parcels, and for the shared obligation of maintenance costs. Said easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another ply. 14. MODIFICATION OF APPROVED DEVEIOPMENP PIAN 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 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. ' Y Resolution No. 4216 (13-U-89) 10/23/89 Page -5- 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 charges by the Planning Comnission. 15. 'TRIP CONSTRAINT Land Use intensity shall be limited to an intensity that will not generate more than sixteen (16) on way trips per acre during the peak traffic hour. For purposes of ensuring compliance with the Traffic Intensity Performance Standard, the following accounting of trips is hereby incorporated into the project approval: TRIPS GENERATED BY PROQ7DCT 1201.4 Industrial 1,143 Computer Center R & O/Office 785 )I Corporate Office Building 211 Syva Building 147 Commercial 58.4 Restaurant 33.6 Sobrato Office (1-U-84) 24.8 Trips allocated to project land area 884 Trips purchased 322 May Investment 61 B.A.S. Homes 109 B.A.S. Homes 152 Trips transferred to Tymshare building - 4.6 at Southeast corner of Valley Green Dr. and Bandley Dr. Total trips allocated to subject site 1201.4 The developer shall record a covenant to describe the trip acre constraint and the total number of trips allocated to the development at the time of development approval. The covenant shall include appropriate wording to suggest that future purchasers of the property consult the individual Use Permit file to obtain an updated status report of the total number of trips allocated to each particular property. 16. TRIP ACCOURrING OOVENANIS Prior to issuance of building permits, the developer/owner of Assessor's Parcel Nos. 316-02-101, 316-02-97, 316-02-103, 316-02-104, 316-22-017 and 316-22-018 shall record a covenant describing the individual trip errs accounting for each parcel, including the specific allocation of "Trips Purchased" from the aggregate number of "Trips - Purchased" stated in Condition 15 of this Resolution. Resolution No. 4216 (13-U-89) 10/23/89 Page -6- 17. AODuarTmi., nAmn 2 the developer shall ensure that the existing masonry aooustical barrier at the easterly perimeter of the site adjacent to the parking area is retained and remains urri<--ged during demolition and site reconstruction activity. 18. BICYCLE PARKING The developer shall install one secured bicycle locking device for every 6,500 sq. ft. of building floor area. Said bicycle parking area shall be located to provide maximum opportunity for surveillance from interior reception areas to discourage theft. 19. ARKIt� Parking shall be provided at a ratio of one space for every 285 sq. ft. of net floor area as defined in Condition 20 of this Resolution. In no case shall the number of on site parking space be less than 2,755. 20. USE LIM rATION the subject use permit authorizes demolition of 570,000 sq. ft. of) existing building area, and subsequent construction an occupancy of 785,000 s.f. (net) of office/R&D space. Prototype research and development activity shall be conducted in accordance with Policy 6 of the General Plan Land Use Element as stated in 1 -GPA -80. Industrial and Administrative office activity is permitted as described in Section 4.1 of Ordinance 002(y). Incidental food service activity is also permitted if such facilities are intended to serve primarily the on-site population and is not advertised to the public at large. All other activities not specified in the preceding paragraph shall require separate Use Permit approval. Determination of net building area shall be based on the following table describing exclusions from gross floor area. Minor modifications to the actual allotment of net and gross floor area between buildings may be authorized by staff at the building permit level; however, the final total of net floor area for all structures (exclusive of underground parking areas) shall not exceed 785,000 s.f. BUILDING GNOSSFLOON EXCLUSIONS NET FLOOR ANSA NOTE; Calmeria and Audhodum not dNlNtah AsAlpnd to bullryng C; oonaaplual orgy Resolution No. 4216 (13-U-89) 10/23/89 Page -7- 21. TRAFFIC DMAND MANAMMhNI' The applicant shall participate in or develop a Traffic/Demand Management program with the goal of decreasing vehicle trip generation by 15%, and requiring that if the City develcpes a city-wide program or participates in an area -wide program, the applicant must participate. The program shall be approved by the Director of Public Works and implemented prior to occupancy. 22. PUBITC ART Prior to issuance of construction permits, The City Council shall retain the option to require installation of one or more "works of art" for public viewing and accessibility within the project's boundaries, as said works of art are defined in the guidelines developed by the Cupertino Fine Arts Coamnission 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 Cc mmission, with final approval of the City Council. Cost for acquisition and ongoing maintenance of said works of art shall be borne by the developer or successor in interest. The developer shall record an appropriate instrument holding harmless the City o0 l Cupertino from any liability associated with the installation and display of said works of art. 23. LANDSCAPE REVIEW The developer shall submit a comprehensive landscape planting plan for formal review by the Architectural and Site Approval Committee prior to issuance of building permits. The landscape plan shall reflect attention to the following details: a) Compliance with the City's Xeriscape landscape water conservation program. b) Addition of specimen trees in the expanded planter strip on the east property line for adequate visual screening of residents from upper floor office spaces. c) Compliance with the North De Anza Blvd. Conceptual Plan landscaping guidelines for any portion of the De Anza Blvd. frontage which may be disturbed during site reconstruction. d) The landscaped planting between adjacent to the east boundary line shall be at least 15 ft. wide. 24. TRUCK DOCK USE LIrffTAT'IONS Delivery and shipping activity at the east -facing truck docks at Building C shall be limited to the hours of 7:OOam to 8:OOpm inclusive. Resolution No. 4216 (13-U-89) 10/23/89 Page -8- 25. SECURITY PIAN Prior to application for building permits, the developer shall prepare a security plan for the complex, in consultation with the County Sheriff's Office. Security cameras shall be mounted in a manner to avoid privacy intrusion into adjoining residential properties. PASSED AND ADOPTED this 23rd day of October, 1989 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMIISSIONERS: Claudy, Mackenzie, Sorensen, Chairman Adams NOES: COMPIISSIONERS: Szabo ABSTAIN: COMPIISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: /s/ Robert Cowan /s/ Victor Adams !i Robert Cowan Victor Adams, Chairman Director of Comm. Develop. Cupertino Planning Omission peresos/resl3u89