Loading...
Reso 2579V 18-U-84 RESOLUTION NO. 2579 ® OF. THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A 140,000 SQ. FT. OFFICE BUILDING AND A JOINT USE BUILDING CONTAINING 105 RESIDENTIAL CONDOMINIUM UNITS AND A PARKING GARAGE. APPLICANT: Cupertino City Center Associates (Prometheus Development Company) ADDRESS: 10080 North Wolfe Road, #201 Cupertino, California 95014 SUBMITTED: September 21, 1984 LOCATION: Town Center Planning Area - Southeast quadrant of Stevens Creek Boulevard and De Anza Boulevard approximately 320 f t. south of Stevens Creek Boulevard and 700 ft. east of South De Anza Boulevard. FINDINGS AND SUBCONCLUSIONS: Approval is subject to the findings as set forth on Page 1 and the subconclusions as set forth in the minutes of the Planning 'Commission meeting of October 24, 1984. CONDITIONS: ® 1-15. STANDARD CONDITIONS • Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions enumerated herein shall apply. 16. APPROVED EXHIBITS The approval is based upon Exhibits A, A-1 (a) , A-2(a) , A-2(b) , A-2(c) , A-2(d) , B-1 (a) , B-1 (b) , B-2(a) , B-2(b) , B-2(c) , C and D, D-1 and D-2 of Application 18-U-84 as may be modified by additional conditions contained herein. 17. 140,000 S .. FT. OFFICE BUILDING AND 105 RESIDENTIAL CONDOMINIUMS The approval is granted for a 140,000 sq. ft. office building and a mixed use residential condominium and parking garage. The office building may include corporate administrative office space. Prototype research and development activities may be conducted in conjunction with the above-mentioned office activities subject to the definition and guidelines listed below: ilk -1- ! CITY OF CUPERTINO City Hall , 10300 Torre Avenue Cupertino , California 95014 111 Telephone : (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT WHEREAS , the Planning Commission of the City of Cupertino received an application for a USE PERMIT, as stated on Page 2 ; 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 and is not detrimental to ekisting 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 al over and beyond 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 use nor injurious to property and improvements in the neighbor- hood. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps , facts , exhibits and other evidence submitted in this matter , the application of the USE PERMIT is hereby recommended fcr approval , subject to the conditions stated on Page 2 ; and BE IT FURTHER RESOLVED : That the aforementioned findings „bg approved and adopted, and that the Secretary be , and is hereby directed to notify the parties affected by this decision. Planning Commission Resolution No. 2579 (continued) 18-U-B4 Definition 410 Prototype R & D refers t❑ 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 assembled as a part of a prototype facility are not intended to be mass produced for sale. Guidelines for Prototype Research and Development 1. Control of Hazardous Materials: The type, use and storage of hazardous materials for prototype research and development or assembly is regulated by the Uniform Building Code, the Uniform Fire Code and any new ordinance or other regulation which controls hazardous materials. 2. Control of physical appearance: There shall be no outward appearance that a prototype 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 prototype research and development or assembly activity. • The Director of Planning and Development shall review each request for prototype research and development or assembly activities. The Director will review each application based upon the general guidelines above and may approve, disapprove or modify the submitted plans. The Director 's decision may be appealed to the City Council as provided in the City of Cupertino's Procedural Ordinance. 18. ARCHITECTURAL AND SITE APPROVAL The application shall be referred to the Architectural and Site Approval Committee for review of architectural details outlining color, window materials, building materials, and other architectural details of the building and landscaping. 19. TEMPORARY PARKING The applicant may use a 2.5+- acre triangular shaped parcel located across Torre Avenue for temporary parking for a maximum five year period after which the use permit shall be reopened to consider a permanent use for the lot commensurate with the "open space" designation. The location of said lot is delineated on Exhibit C of 111 -2- . Planning Commission Resolution No. 2579 (continued) 18-U-84 18-U-84. The temporary parking lot is approved based upon the following conditions: a. A 15 ft. wide landscaped setback shall be provided adjacent to the southern boundary. The landscaping plan shall be reviewed by the ASAC Committee. b. The raw of parking stalls adjacent to the eastern boundary line shall be removed and replaced with landscaping, as approved by ASAC, within 90 days upon issuance of a building permit for Unit 3 of the "Town Center" residential development. c. The pavement section and lighting shall be approved by the Director of Public Works. d. The ASAC Committee may require the installation of a masonry or wood fence (on the common property line) in conjunction with the approval of landscaping plans desribed in sub-paragraphs a and b above. e. The reduction of parking spaces in said temporary lot resulting from installation of landscaping may require • the construction of additional temporary parking in the . Town Center Planning Area. The Director of Public Works has the authority to initiate a public hearing before • the Planning Commission to consider the need for to be needed, the additional parking. If determined applicant shall have 90 days to install or lease additional off street parking. f. The temporary lot may use a 8'8" width stall size for regular stalls and 8'0" width for compact stalls. The temporary lot regular/compact ratio may not exceed 60% compacts. 20. PARKING GARAGE STRIPING PLAN The parking garage striping plan shall comply with the following standards: a. The 105 residential units shall have a designated parking area containing 105 standard (8'8" x 18' ) parking stalls. b. The regular/compact ratio for the balance of the garage may not exceed a 50% compact ratio. A minimum of 1 ,073 spaces shall be provided (garage and permanent surface parking) based upon a ratio of one space per 310 gross square feet for the office development and one parking space per dwelling for the condominium development. The 411 lowest level of the basement parking may be deleted if the applicant can comply with the above required parking ratio. 1 -3- Planning Commission Resolution No. 2579 (continued) 18-U-84 c. The aisle widths and back up spaces shall be approved by 4 the Director of Public Works based upon the City's "Standard Details". d. The applicant may provide a maximum of 105 tandem parking spaces. A tandem space is a parking space which is located immediately in front of a conventional stall . The tandem arrangement is contingent upon submittal of a "Tandem Parking! Plan" which identifies the location of the spaces and involved office tenants. The Director of Planning and Development shall review and approve said plan. 21. TRAFFIC IMPROVEMENTS The applicant shall participate in the traffic improvements outlined in Condition 26 of Planning Commission Resolution No. 2411 which is an exhibit for the Planned Development zone for Town Center. The traffic improvement specified in Condition 26 (b) of Resolution No. 2411 shall include participation in the costs of realigning the intersections of De Anza Boulevard, McClellan Road and Pacifica Drive in addition to signal modifications. 22. STAGED NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN 111 The applicant shall participate in the installation of a staged neighborhood traffic management plan consisting of the improvements described below. The improvements shall be staged based upon the following schedule. Stage One: A restricted turning movement plan for the intersection of Rodrigues Avenue and Torre Avenue and Pacifica Avenue and Torre Avenue shall be implemented in conjunction with the opening of Torre Avenue from Stevens Creek Boulevard to Rodrigues Avenue. The restricted turn plan consists of a Stage One-A program which physically restricts turning movements at the intersection of Torre and Rodrigues Avenues and uses sign controls to restrict turn movements at the intersection of Torre Avenue and Pacifica Drive. The Plan consists of a Stage One-B program which places a physical improvement at the Torre Avenue and Pacifica Drive intersection. The plan will be implemented if the City Council determines that the Stage One-A signing program is ineffective. The applicant shall agree to pay police costs associated with enforcement of the Stage One turning restriction -1, plants) . The applicant's obligation is for one year from date of implementation of the program. -4- Planning Commission Resolution No. 2579 (continued) 18-U-84 The Stage One-A and Stage One-B plans are described on All Exhibit D-1. Stage Two: A system of physical , barriers may be constructed in the Town Center Planning Area if the Stage One restricted turning movement programs are ineffective. Exhibit D-2 describes optional barrier systems. Additional traffic control devices may be considered. The second stage barrier plan shall be approved by City Council following a public hearing. Said public hearing may be initiated by the City Council based upon evidence submitted by staff or residents which indicate that the traffic problems are deteriorating in the Eaton Elementary School neighborhoods. Reimbursement for the cost of said improvements by other benefit property owners shall be based upon a benefit formula established by the Director of Public Works and approved by City Council . 23. SECURED BICYCLE LOCKING FACILITY The applicant shall install one secured bicycle locking facility for every 6,500 sq. ft. of building area which may • be in lieu of equivalent parking spaces. The term "in lieu" does not require that the parking spaces be eliminated. 24. CAR POOL/VAN POOL PROGRAM The applicant (or its successors in interest) shall' enter into an agreement to join a car pool/van pool program to be established by the City of Cupertino. Said agreement, may at City's option, include provisions requiring the applicant (or its successors in interest) to provide by lease or purchase, up to one (1) 12-passenger van for each 25,000 sq. ft. of employee-occupied floor area. Provision ' of said vans is to be contingent upon the success of the pilot program, success being defined as securing an unpaid driver and sufficient paying passengers to pay the cost of acquisition and operation. 25. SEISMIC HAZARD REPORT The applicant shall provide a seismic hazard report prior to application for building permit to verify that the normal seismic regulations of the uniform building code are adequate to protect the building and its inhabitants from the affect of a major earthquake. . ~411 26. MODIFICATION OF THE APPROVED DEVELOPMENT PLAN OR A BUILDING PERMIT -5- • Planning Commission Resolution No. 2579 (continued) 18-U-84 In the event that the applicant or subsequent property owner shall desire to make any minor change, alteration or amendment 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 of Planning and Development 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 of Planning and Development shall submit the change to the Planning Commission for approval . If the change is denied by the Planning Commission, the applicant may appeal to the City Council as provided in Ordinance No. 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. 27. RECIPROCAL INGRESS/EGRESS The applicant/property owners shall record a covenant agreeing to enter into reciprocal ingress/egress easements with the adjoining property owners. 28. PROPORTIONATE SHARE OF OFF-SITE STREET ' IMPROVEMENTS The applicant/property owners agree to participate in his or her proportionate share of major off-site street improvements of a local or community wide nature, such as major improvements to the intersection of De Anza Boulevard and Stevens Creek Boulevard. Said agreements shall include, but not be limited to, agreement to participate in a local improvement district, or directly contribute to street improvements. If an assessment district is formed, the applicant/property owners' share would be determined by a cost benefit ratio as established by assessment district law. Boundaries for any district would be determined at a later date per assessment district law. The agreements to install the above improvements shall be submitted and recorded prior to or in conjunction with the issuance of building permits. 29. FIRE PREVENTION AND SUPPRESSION EQUIPMENT The applicant shall incorporate specialized fire prevention and suppression equipment, as approved by the City staff , after review by the Central Fire District. -6- Planning Commission Resolution No. 2579 (continued) 18-U-84 30. BELOW MARKET RATE HOUSING PROGRAM 410 The applicant shall participate in the City's Below Market Rate (BMR) Housing Program. The applicant shall record a covenant restricting sales prices, resale procedures, etc. per the requirements of the City 's BMR Program. Said covenant shall be recorded simultaneously with the filing of the final subdivision map for each unit of the development and shall be subject to review and approval by the City Attorney. 31. SECURITY PROGRAMS The applicant shall incorporate security measures in the office and apartment project. The security measures shall be approved by the City staff , after review by the Sheriff 's Department. PASSED AND ADOPTED this 24th day of October, 1984 at a regular adjourned meeting of the Planning Commission of the City of Cupertino, State of California, by the following r-ol l call vote: • AYES: Commissioners Adams, Mackenzie, Sorensen, Szabo, Chairman Claudy • 411 NAYS: None ABSTAIN: None ABSENT: None ATTEST: • APPROVED: /s/ Robert Cowan /s/ John C1aud1 Robert Cowan John Claudy, Chairman Assistant Planning Director Planning Commission Aii -7-