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HomeMy WebLinkAboutReso 239311-U-83 RESOLUTION NO. 2393 )F THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A FOUR-STORY, 160,000 SQ. FT. OFFICE BUILDING. APPLICANT: Cupertino City Center/Prometheus Development ADDRESS: 10080 North Wolfe Road, Cupertino, CA 95014 SUBMITTED: March 31, 1983 LOCATION: South side of Stevens Creek Boulevard approximately 750 ft. east of De Anza Boulevard (opposite of the existing intersection with Vista Drive). ---------------------------------------------------------------------------------------- FINDINGS AND SUBCONCLUSIONS Approval is subject to the findings as set forth on Page 1 and subconclusions as set forth in the minutes of the Planning Commission meeting of May 9, 1983. CONDITIONS: 1-14. 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. 15. The approval is based upon Exhibits A, B and C of Application 11-U-83 as may be modified by additional conditions contained herein. 16. The approval is granted for a 160,000 sq. ft. office building which may include corporate administrative office space and limited research and development activity. Prototype manufacturing or other related industrial uses conducted in conjunction with the above mentioned uses may be permitted subject to the preparation of a definition of prototype activities which is approved by the City Council in conjunction with this use permit. 17. Perimeter landscaping shall conform with the City of Cupertino General Plan landscape standards and the Stevens Creek Boulevard Sidewalk and Landscaping Guidelines. 18. The applicant shall return to the Architectural Committee with greater archi- tectural details outlining the color, window material, building material, and other architectural details of the building. 19. The appliant shall prepare a more detailed landscaping plan. The landscaping plan should incorporate trees within the "temporary parking area". The trees should be of a variety which are easily transplanted or retained in a container. The landscaping plans shall also incorporate mature tall growing trees along the easterly side of the site to soften the building mass as viewed from the east. The landscaping plan shall be reviewed by the Architectural and Site Approval Committee and approved by the City Council. - 2 - Planning Commission Resolution No. 2393 11-U-83 20. The applicant shall financially participate in the installation of traffic signal improvements at the intersection of Torre Avenue and Stevens Creek Boulevard. The traffic signal/intersection shall be configured to limit Vista Drive turning movements to right turn -in and right turn -out. Additionally, Torre Avenue shall be constructed from Stevens Creek Boulevard to the southern edge of the project boundary. The applicant shall be subject to reimbursement for the intersection and Torre Avenue improvements by other Town Center property owners based upon a benefits formula established by the Director of Public Works and as approved by the City Council. 21. 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. 22. Truck movement including refuse pickup on the site shall be restricted in the same manner as set forth in Section 10.48.062 of the Cupertino Municipal Code. 23. 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 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. 24. The applicant shall provide a seismic hazard report prior to application for building permit to verify that the normal earthquake regulations of the uniform building code are adequate to protect the building and its inhabitants from the effect of a major earthquake. 25. Modification of the Approved Development Plan or a Building Permit 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 may certify the change on the revised plan. If such approval is withheld, the applicant may appeal to the Planning Commission. If the changes are material, 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 date of approval - when the change has been approved by the Planning Commission. 26. The applicant/property owners shall record a covenant agreeing to enter into reciprocal ingress/egress easements with the adjoining property owners. - 3 - Planning Commission Resolution No. 2393 11-U-83 27. The applicant/property owners agree to particpate in his 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 agreement 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. 28. The penthouse structure must incorporate the building design and materials utilized for the structure as a whole, in order to architecturally intergrate the structure into the project. 29. If the City enacts enabling legislation to accommodate Development Agreements, the applicant may enter into a development agreement for the subject use permit. 30. The street imppovement plan for Stevens Creek Boulevard may necessitate additional dedication of land on Stevens Creek Boulevard. If additional dedication is required, the applicant shall be required to maintain a minimum 50 ft. setback distance from the curb as illustrated on the site plan Exhibit A. A minimum 60 ft. building setback measured from face of curb shall be maintained on the Torre Avenue frontage. SSED AND ADOPTED this 9th day of May, 1983, at a regular meeting of the Planning �immission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners: Binneweg, Blaine, Claudy, Koenitzer and Chairman Adams NAYS: None ABSTAIN: None ABSENT: None ATTEST: /s/ James H. Sisk James H. Sisk Planning Director APPROVED: /s/ Victor J. Adams Victor J. Adams, Chairman Planning Commission - 4 -