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ASA-2007-14b - OFFICE OF THE CITY CLERK CUPERTINO CITY HALL 10300 TORRE AVENUE. CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223. FAX: (408) 777-3366 January 11, 2008 Tantau Investments, U..C Larry Wallerstein 22 S Santa Cruz Ave. 2nd Floor Los Gatos, Ca. 95030 Re: Consider Application Nos. EA-2007-1O, U-2007-09, ASA-2007-14, and TR-2007-06, Tantau Investments, u..c, 10900 N. Tantau Ave., APN 316-09-029: a) Negative declaration b) Use permit to construct a 100,000 square foot, two-story office building on a 6.6- acre site c) Architectural and site approval for a 100,000 square foot, two-story office building and site improvements d) Tree removal of 34 trees to construct a 100,000 square foot, two-story office building and site improvements Dear Mr. Wallerstein: At its January 8, 2008 meeting, the Cupertino City Council adopted a Negative Declaration, and approved the Use Permit (with modifications), Architectural and Site Approval (with modifications), and removal of 34 trees. The conditions for Use Permit U-2007-09 are as follows: SECTION III: CONDmONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXIllBITS The approval is based on Exhibits submitted by Devcon Construction, Inc., titled: "10900 N. Tantau, Cupertino, CA," consisting of 18 pages labeled AO.1 through A9.1, Civil 1-3, LP-1, TS-I, E2.I, E2.2, and Land Title Survey, and a colored rendeIjrrg of the project, except as may be amended by the Conditions contained in this Resolution. - January 11, 2008 Page" 2 2. DEVELOPMENT APPROVAL Approval is granted to construct a 100,000 square foot, two-story office building and associated site improvements as shown in the approved exhibits. 3. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 5,126 square feet of office square footage from the North Vallco Park Special Center area allocation. 4. PARKING The applicant shall provide a minimum of 416 parking spaces on site in accordance with the approved site plan. The applicant may convert the parking islands in the rear parking lot behind the building for additional parking spaces in accordance with the approved site plan. 5. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed office building in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. 6. LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building permits. "The landscape plan shall provide the following: 1. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. 2. Plant minimum 24-inch box trees where trees are specified to be planted on site. All trees shall be native species of trees. 7. GREEN BUILDING The applicant will obtain LEED Silver core and shell certification only, in accordance with the U.S. Green Building Council standards and the City's Green Building policies. 8. PLAZA AREAS The applicant shall provide decorative pavement treatment in the plaza areas along the frontage and sides of the building. 9. SIDEWALKS 1. Prior to final occupancy, the applicant shall repair or replace any portions of the sidewalk along N. Tantau Ave. in front of the project site" that are in disrepair, as determined by the Director of Public Works. 10. SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City's Sign Ordinance. - January 11, 2008 Page 3 11. SIGN PROGRM.1 A sign program shall be required for the new office building in accordance with the City's Sign Ordinance. 12. BUILDING COLORS AND :MATERIALS The building colors and materials shall be consistent with the materials board submitted by the applicant. 13. TREE REMOVAL The applicant is approved to remove a total of 37 trees on site in accordance with the proposed tree survey/removal plan dated November 14, 2007. For any additional trees on site that are removed due to hazardous conditions or are considered dead, the applicant shall be required to replace these trees in accordance with the City's Protected Trees Ordinance. 14. TREE PROTECTION As part of the building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. The applicant shall be required to install tree protection measures before and during development in accordance with the City Arborist's report dated September 12, 2007. In addition, the following measures shall be added to the protection plan: 1. For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. 2. No parking or vehicle parking shall be allowed under root zones, unless using buffers approved by the project arborist. 3. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City Arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. 4. Tree protection conditions shall be posted on the tree protection barriers. 5. Retained trees shall be watered to maintain them in good health. 15. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building permits. The bond shall be returned after completion of construction, subject to a letter from the City Arborist indicating that the trees are in good condition. 16. TREE REPLACEMENTS The applicant is required to plant a minimum of 68 24-inch box replacement trees on site in conjunction with the removal of 37 trees on site, in accordance with the City's Protected Trees Ordinance. All replacement trees shall be native species of trees. The applicant may be able to reduce the number of replacement trees on site, if larger size trees are proposed, in accordance with the tree replacement standards of the ordinance. For any additional trees that are removed due to hazardous conditions or are considered dead, the applicant shall be required to replace these trees in accordance with the Protected Trees Ordinance. Species and size of replacement trees shall be reviewed and approved by the Community Development Department. - January 11, 2008 Page 4 17. TREE REPLACEMENT IN-LIEU FEE The applicant shall pay an in-lieu fee for any trees that cannot be replaced on site in accordance with the City's Protected Trees Ordinance. 18. SCREENING All mechanical and other equipment on the retail building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 19. TRASH AND DELIVERY ACTIVITIES A detailed refuge and truck delivery plan must be prepared by the applicant. The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 20. CONSTRUCTION MANAGEMENT PLAN . . A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. Staging of construction and equipment shall not occur within 250 feet of any residential property. 21. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of fmal demolition permits. 22. PUBLIC ART The applicant shall install public art on the subject property prior to fmal occupancy. The public art shall be valued at a minimum of one-quarter percent (1/4%) of the total project budget, not to exceed $100,000. .The applicant shall submit a public art plan to be reviewed by the Fine Arts Commission prior to installation of the public art. 23. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to fIle a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. - January 11. 2008 Page 5 SECTION IV: CONDmONS ADMINISTERED BY TIffi PUBLIC WORKS DEPT. 24. OFF SITE IMPROVEMENTS Curbs and gutters. sidewalks. streetlights, street widening and related structures shall be. installed in accordance with grades and standards as specified by the City Engineer. If street lighting is required. 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. 25. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 26. STREET 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 No. 125. 27. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 28. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. * Pre and Post-development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 29. UNDERGROUND UTILITIES The developer shall comply 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. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. 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. 30. IMPROVEMENT AGREEMENT 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. - January II, 2008 Page 6 Fees: a. Grading Permit Fee: $6% of On Site Improvement Costs or $ 2,163.00 minimum '$ 5% of Off Site Improvement Costs or $ 2,304.00 minimum $ 1,000.00 $ 8,712.00 ** b. Checking and Inspection Fee: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: N/A N/A Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% LaborlMaterial Bond -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a [mal map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required to pay for one-year power cost for streetlights 31.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. 32. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMF's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 33. NPDES CONSTRUCTION GENERAL PERMIT The applicant must fIle for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: http:/www.swrcb.ca.2ov/stormwtr/construction.html - January 11, 2008 Page 7 34. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REOUIREMENTS a. Pennanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. b. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. 35.MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 36. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. A refuge truck access plan must be approved by the Environmental Programs Department. The conditions for ASA-2007-14 are as follows: SECTION III: CONDmONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 25. APPROVED EXHIBITS The approval is based on Exhibits submitted by Devcon Construction, Inc., titled: "10900 N. Tantau, Cupertino, CA," consisting of 18 pages labeled AO.l through A9.1, Civil 1-3, LP-I, TS-l, E2.1, E2.2, and Land Title Survey, and a colored rendering of the project, except as may be amended by the Conditions contained in this Resolution. - January 11,2008 Page 8 26. DEVELOPMENT APPROVAL Approval is granted to construct a 100,000 square foot, two-story office building and associated site improvements as shown in the approved exhibits. 27. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 5,126 square feet of office square footage from the North Vallco Park Special Center area allocation. 28. PARKING . The applicant shall provide a minimum of 416 parking spaces on site in accordance with the approved site plan. The applicant may convert the parking islands in the rear parking lot behind the building for additional parking spaces in accordance with the approved site plan. 29. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed office building in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. 30. LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building permits. The landscape plan shall provide the following: 1. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. 2. Plant minimum 24-inch box trees where trees are specified to be planted on site. All trees shall be native species of trees. 31. GREEN BUILDING The applicant will obtain LEED Silver core and shell certification only, in accordance with the U.S. Green Building Council standards and the City's Green Building policies. 32. PLAZA AREAS The applicant shall provide decorative pavement treatment in the plaza areas along the frontage and sides of the building. 33. SIDEWALKS 1. Prior to final occupancy, the applicant shall repair or replace any portions of the sidewalk along N. Tantau Ave. in front of the project site that are in disrepair, as determined by the Director of Public Works. - January 11, 2008 Page 9 SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City's Sign Ordinance. 34. SIGN PROGRAM A sign program shall be required for the new office building in accordance with the City's Sign Ordinance. 35. BUILDING COLORS AND MATERIALS The building colors and materials shall be consistent with the materials board submitted by the applicant. 36. TREE REMOVAL The applicant is approved to remove a total of 37 trees on site in accordance with the proposed tree survey/removal plan dated November 14, 2007. For any additional trees on site that are removed due to hazardous conditions or are considered dead, the applicant shall be required to replace these trees in accordance with the City's Protected Trees Ordinance. 37. TREE PROTECTION As part of the building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. The applicant shall be required to install tree protection measures before and during development in accordance with the City Arborist's report dated September 12, 2007. In addition, the following measures shall be added to the protection plan: 1. For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. 2. No parking or vehicle parking shall be allowed under root zones, unless using buffers approved by the project arborist. 3. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City Arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. 4. Tree protection conditions shall be posted on the tree protection barriers. 5. Retained trees shall be watered to mainta41 them in good health. 38. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building permits. The bond shall be returned after completion of construction, subject to a letter from the City Arborist indicating that the trees are in good condition,. - January 11, 2008 Page 10 39. TREE REPLACEMENTS The applicant is required to plant a minimum of 68 24-inch box replacement trees on site in conjunction with the removal of 37 trees on site, in accordance with the City's Protected Trees Ordinance. All replacement trees shall be native species of trees. The applicant may be able to reduce the number of replacement trees on site, if larger size trees are proposed, in accordance with the tree replacement standards of the ordinance. For any additional trees that are removed due to hazardous conditions or are considered dead, the applicant shall be required to replace these trees in accordance with the Protected Trees Ordinance. Species and size of replacement trees shall be reviewed and approved by the Community Development Department. 40. TREE REPLACEMENT IN-LIEU FEE The applicant shall pay an in-lieu fee for any trees that cannot be replaced on site in accordance with the City's Protected Trees Ordinance. 41. SCREENING All mechanical and other equipment on the retail building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 42. TRASH AND DELIVERY ACTIVITIES A detailed refuge and truck delivery plan must be prepared by the applicant. The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 43. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. Staging of construction and equipment shall not occur within 250 feet of any residential property. 44. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of fmal demolition permits. 45. PUBLIC ART The applicant shall install public art on the subject property prior to fmal occupancy. The public art shall be valued at a minimum of one-quarter percent (1/4%) of the total project budget, not to exceed $100,000. The applicant shall submit a public art plan to be reviewed by the Fine Arts Commission prior to installation of the public art. - January 11, 2008 Page 11 46. NOTICE OF FEES. DEDICA TIONS. RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to fIle a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDmONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 47. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening and related structures shall be installed in accordance with-grades and standards as specified by the City Engineer. If street lighting is required, 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. 25. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 26. STREET 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 No. 125. 27. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 28. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. * Pre and Post-development calculations must be provided to identify if storm drain facilities need. to be constructed or renovated. - January 11, 2008 Page 12 29. UNDERGROUND UTILITIES The developer shall comply 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. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existinf!. 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. 30. IMPROVEMENT AGREEMENT 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit Fee: $6% of On Site Improvement Costs or $ 2,163.00 minimum $ 5% of Off Site Improvement Costs or $ 2,304.00 minimum $ 1,000.00 $ 8,712.00 ** b. Checking and Inspection Fee: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: N/A N/A Bonds (Required): c. On-Site Improvements Bond: 100% Performance Bond d. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of afmal map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required to pay for one-year power cost for streetlights 31.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. - January 11, 2008 Page 13 32. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 33. NPDES CONSTRUCTION GENERAL PERMIT The applicant must tlle for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: htto:/www.swrcb.ca.!.wv/stormwtr/construction.html 34. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REOUIREMENTS d. Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs' in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project e. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. f. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. 35. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 36. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. A refuge truck access plan must be approved by the Environmental Programs Department. - January 11,2008 Page 14 The conditions for TR-2007-06 are as follows: SECTION III: CONDmONS ADMJNISTERED BY TIffi COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION The applicant is approved to remove a total of 37 trees on site in accordance with the applicant's tree survey/removal plan identified as page TS-l dated November 14, 2007 in the approved exhibits for U-2007-09 and ASA-2007-14, except as maybe amended by the conditions of this Resolution. 2. TREE PROTECTION As part of the building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. The applicant shall be required to install tree protection measures before and during development in accordance with the City Arborist's report dated September 12, 2007. In addition, the following measures shall be added to the protection plan: 1. For trees to be retained, chain link fencing and other root protection shall be installed around the driplIDe of the tree prior to any project site work. 2. No parking or vehicle parking shall be allowed under root zones, unless using buffers approved by the project arborist. 3. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City Arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. 4. Tree protection conditions shall be posted on the tree protection barriers. 5. Retained trees shall be watered to maintain them in good health. a. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building permits. The bond shall be returned after completion of construction, subject to a letter from the City Arborist indicating that the trees are in good condition. 4. TREE REPLACKMENTS The applicant is required to plant a minimum of 68 24-inch box replacement trees on site in conjunction with the removal of 37 trees on site, in accordance with the City's Protected Trees Ordinance. All replacement trees shall be native species of trees. The applicant may be able to reduce the number of replacement trees on site, if larger size trees are proposed, in accordance with the tree replacement standards of the ordinance. For any additional trees that are removed .due to hazardous conditions or are considered dead, the applicant shall be required to replace these trees in accordance with the Protected Trees Ordinance. Species and size of replacement trees shall be reviewed and approved by the Community Development Department. - January 11, 2008 Page 15 5. TREE REPLACEMENT IN-LIEU FEE The applicant shall pay an in-lieu fee for any trees that cannot be replaced on site in accordance with the City's Protected Trees Ordinance. 6. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to f1le a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Please review these conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development at 408-777-3308 for clarification. Failure to incorporate conditions into your plan set will result in delays at the plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. The conditions of project approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-OOy approval period in which you may protest these fees, dedications, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-OOy period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision in this matter, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code *2.08.096. Sincerely: . .~ ~ City Clerk . cc: Community Development Sylvester Ramirez 690 Gilbraltar Dr Milpitas, Ca. 95035 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6498 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING TO THE CITY COUNCIL APPROV AL OF AN ARCHITECTURAL AND SITE APPROVAL TO CONSTRUCT A 100,000 SQUARE FOOT, TWO-STORY OFFICE BUILDING SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; and 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the Architectural and Site Review Chapter of the Cupertino Municipal Code; and 3) The proposed development is consistent with the North Valko Park Special Center Area and North Valko Master Plan. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Architectural and Site Approval is hereby approved, 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 No. ASA-2007-14 as set forth in the Minutes of the Planning Commission Meeting of December II, 2007, and are incorporated by reference as though fully set forth herein. Resolution No. 6498 Page 2 ASA-2007-14 December 11, 2007 SECTION II: PROTECT DESCRIPTION Application No.: ASA-2007-14 Applicant: Larry Wallerstein, Tantau Investments, LLC Location: 10900 N. Tantau SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits submitted by Devcon Construction, Inc., titled: "10900 N. Tantau, Cupertino, CA," consisting of 18 pages labeled AO.l through A9.1, Civil 1-3, LP-l, TS-l, E2.1, E2.2, and Land Title Survey, and a colored rendering of the project, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT AFPROV AL Approval is granted to construct a 100,000 square foot, two-story office building and associated site improvements as shown in the approved exhibits. 3. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 5,126 square feet of office square footage from the North Valko Park Special Center area allocation. 4. PARKING The applicant shall provide a mInimUm of 416 parking spaces on site in accordance with the approved site plan. The applicant may convert the parking islands in the rear parking lot behind the building for additional parking spaces in accordance with the approved site plan. 5. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed office building in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. 6. LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building permits. The landscape plan shall provide the following: 1. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. 2. Plant minimum 24-inch box trees where trees are specified to be planted on site. All trees shall be native species of trees. Resolution No. 6498 Page 3 ASA-2007-14 December 11, 2007 7. GREEN BUILDING The applicant will obtain LEED Silver New Construction certification for the building in accordance with the u.s. Green Building Council standards and the City's Green Building policies. 8. PLAZA AREAS The applicant shall provide decorative pavement treatment in the plaza areas along the frontage and sides of the building. 9. SIDEWALKS 1. Prior to final occupancy, the applicant shall repair or replace any portions of the sidewalk along N. Tantau Ave. in front of the project site that are in disrepair, as determined by the Director of Public Works. 10. SIGNAGE Signage is not approved with this use permit application. Signage shall conform to the City's Sign Ordinance. 11. SIGN PROGRAM A sign program shall be required for the new office building in accordance with the City's Sign Ordinance. 12. BUILDING COLORS AND MATERIALS The building colors and materials shall be consistent with the materials board submitted by the applicant. 13. TREE REMOVAL The applicant is approved to remove a total of 37 trees on site in accordance with the proposed tree survey/removal plan dated November 14, 2007. For any additional trees on site that are removed due to hazardous conditions or are considered dead, the applicant shall be required to replace these trees in accordance with the City's Protected Trees Ordinance. 14. TREE PROTECTION As part of the building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. The applicant shall be required to install tree protection measures before and during development in accordance with the City Arborist's report dated September 12, 2007. In addition, the following measures shall be added to the protection plan: 1. For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. 2. No parking or vehicle parking shall be allowed under root zones, unless using buffers approved by the project arborist. Resolution No. 6498 Page 4 ASA-2007-14 December II, 2007 3. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City Arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. 4. Tree protection conditions shall be posted on the tree protection barriers. 5. Retained trees shall be watered to maintain them in good health. 15. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building permits. The bond shall be returned after completion of construction, subject to a letter from the City Arborist indicating that the trees are in good condition. 16. TREE REPLACEMENTS The applicant is required to plant a minimum of 68 24-inch box replacement trees on site in conjunction with the removal of 37 trees on site, in accordance with the City's Protected Trees Ordinance. All replacement trees shall be native species of trees. The applicant may be able to reduce the number of replacement trees on site, if larger size trees are proposed, in accordance with the tree replacement standards of the ordinance. For any additional trees that are removed due to hazardous conditions or are considered dead, the applicant shall be required to replace these trees in accordance with the Protected Trees Ordinance. Species and size of replacement trees shall be reviewed and approved by the Community Development Department. 17. TREE REPLACEMENT IN-LIEU FEE The applicant shall pay an in-lieu fee for any trees that cannot be replaced on site in accordance with the City's Protected Trees Ordinance. 18. SCREENING All mechanical and other equipment on the retail building or 'on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. Resolution No. 6498 Page 5 ASA-2007-14 December 11, 2007 19. TRASH AND DELIVERY ACTIVITIES A detailed refuge and truck delivery plan must be prepared by the applicant. The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 20. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. Staging of construction and equipment shall not occur within 250 feet of any residential property. 21. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. 22. PUBLIC ART The applicant shall install public art on the subject property prior to final occupancy. The public art shall be valued at a minimum of one-quarter percent (1/4%) of the total project budget, not to exceed $100,000. The applicant shall submit a public art plan to be reviewed by the Fine Arts Commission prior to installation of the public art. 23. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and. a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Resolution No. 6498 Page 6 ASA-2007-14 December 11, 2007 SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 24. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening and related structures shall be installed in accordance with grades and standards as specified by the Ci ty Engineer. If street lighting is required, 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. 25. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 26. STREET 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 No. 125. 27. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. 28. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. * Pre and Post-development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 29. UNDERGROUND UTILITIES The developer shall comply 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. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. 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. Resolution No. 6498 Page 7 ASA-2007-14 December 11,2007 30. IMPROVEMENT AGREEMENT 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit Fee: $6% of On Site Improvement Costs or $ 2,163.00 minimum $ 5 % of Off Site Improvement Costs or $ 2,304.00 minimum $ 1,000.00 $ 8,712.00 b. Checking and Inspection Fee: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: ** N/A N/A Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required to pay for one-year power cost for streetlights 31.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. 32. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. Resolution No. 6498 Page 8 ASA-2007-14 December11,2007 33. NPDES CONSTRUCTION GENERAL PERMIT The applicant must file for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: http:/www.swrcb.ca.gov / stormwtr / construction.html 34. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS a. Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. b. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. 35.MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 36. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. A refuge truck access plan must be approved by the Environmental Programs Department. Resolution No. 6498 Page 9 ASA-2007-14 December 11, 2007 PASSED AND ADOPTED this 11th day of December 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chairperson Giefer, Kaneda, Rose COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: Vice Chair Miller ATTEST: APPROVED: / s/Steve Piasecki Steve Piasecki Director of Community Development / s / Lisa Giefer Lisa Giefer, Chair Planning Commission G: IPlanningIPDREPORliRES\2007\ASA-2007-14 res. doc F or approved plan sets See application # U-2007-09