The URL can be used to link to this page

18. Chang Architecture City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 c CUPEI\TINO Community Development Department Summary Agenda Item N 0.1J Agenda Date: August IS, 2006 Application: U-2006-06, ASA-2006-06, TR-2006-09 (EA-2006-09) Applicant: Cliff Chang, Chang Architecture Property Owner: 1200 San Mateo A venue, LLC Property Location: 10495 N. De Anza Boulevard (APN 326-33-110) Application Summary: USE PERMIT and ARCHITECTURAL & SITE APPROVAL to demolish a 27,000 square foot office building and construct a new 60,000 square foot office building with a two level above grade parking structure. TREE REMOV AL to allow the removal and replacement of 21 trees to accommodate a 60,000 square foot office building RECOMMENDATIONS: The Planning Commission recommended: 1. Approval of the Negative Declaration, file number EA-2006-09; 2. Approval of the Use permit application, file number U-2006-06, in accordance with Resolution No. 6403; 3. Approval of the Architectural and Site Approval, file no. ASA-2006-06, in accordance with Resolution No. 6404; and 4. Approval of the Tree Removal request, file no. TR-2006-09, in accordance with Resolution No. 6405. Project Data: General Plan Designation: Light Industrial/Commercial/Residential Existing Zoning Designation: P(CG, ML, Res 4-10) Net Acres: 1.658 acres Existing Office Building Area: 27,000 square feet (to be demolished) Proposed Office Building Area: 60,000 square feet Proposed Building Height/Stories: 45 feetj3 stories Parking Required: 211 spaces Parking Provided: 216 spaces N. De Anza Blvd. Setback: 58' 7" -107' Mariani Ave. Setback: 37' average iB---( Applications: U-2006-06, ASA-2006-06, TR-2006-09, EA-2006-09 Page 2 August 15, 2006 Project Consistency with: General Plan ~ North De Anza Blvd. Zoning yes Environmental Assessment: Negative Declaration BACKGROUND On July 11, 2006, the Planning Commission considered an application packet to allow the demolition of a 27,000 square foot office building and the construction of a new 60,000 square foot office building with a multiple level parking structure to the rear (Exhibit A). The building was originally constructed for Any Mountain ski retailer in 1976, but was subsequently allowed to convert to office use in 1997 and was occupied by Packeteer for several years before becoming vacant. DISCUSSION A number of significant project issues were identified during the Commission hearing process: Planning Commission Issues: The Planning Commission recommended approval of the Negative Declaration, ASA and Tree Removal request on 5-0 votes. The Use Permit was approved on a 4-0-1 vote (Giefer abstained). The ASA approval and use permit approval were based on the office project including the revised parking structure design submitted by the applicant during the hearing (Alternative A), which had a larger rear setback and one level of underground parking. The Commission recommendations of approval included recommendations for: . Traffic operational analysis. . A requirement that the applicant obtain recorded written consent from the adjacent property owner for the change in the parking configuration per the reciprocal parking easement (See later staff discussion). . The City Council to determine the level of compliance needed for General Plan Policy 2-42, Revenue Analysis of the Office Development, which requires new office developments greater than 50,000 square feet to provide revenue benefits to the City (See later staff discussion). Applicant Issues: At the Commission hearing, the applicant submitted a revised parking structure design that increased the rear setback from 3 feet to about 16 feet, and created one level of underground parking. The previous design had three levels of parking above ground. There were no revisions to the office building. This revised garage design is shown as Exhibit A and is part of the Planning Commission recommendation of approval. IJ---2- Applications: U-2006-06, ASA-2006-06, TR-2006-09, EA-2006-09 Page 3 August 15, 2006 The applicant has verbally indicated to staff that it prefers its original parking structure design that is part of the submitted plan set (no underground parking, 3-foot rear setback) and desires Council consideration of that design. Public Issues: Five members of the public spoke about the project. Some expressed concerns about the size of the building/ parking structure, which might create vacancies among the other surrounding buildings, resulting in pressure to convert office buildings to housing. Most were worried about additional traffic impacts to the area, particularly with the existing congestion at Mariani Avenue and the N. De Anza Boulevard intersection during the evening commute hours. One speaker suggested a new traffic light at Bandley Drive and Mariani Avenue. The adjacent office building/ property owner was concerned that she would have to look out at the parking garage structure from her office window and felt the parking structure was too close to her property. She provided the Commission and City Attorney with a copy of a reciprocal parking and ingress/ egress easement that she owned on the project site. She addressed a letter to the Planning Commission after the hearing (Exhibit B). Staff Issues: Traffic. In his June 13, 2006 trip generation comparison report (Exhibit C), the traffic consultant, Pang Engineers, concluded that the net increase in peak hour trips during the AM peak hour (52 trips), and the PM peak hour (50 trips) created an insignificant impact on traffic. At the request of the Planning Commission, further traffic analysis was completed to look at the operational aspects of the Mariani/N. De Anza intersection, turning movement counts, traffic queues, and estimated trip distribution. In his August 1, 2006 report, which has already incorporated staff review and comments (Exhibit D), Pang Engineers observed the operational problems. of the Mariani/N. De Anza intersection and made several recommendations and other considerations to improve the intersection traffic flow. 1. Retain existing lane designations and striping. 2. Prohibit on-street parking on both the north and south sides of Mariani A venue from Bandley Drive to N. De Anza Boulevard. 3. Increase the" green" time of the signal light controlling the eastbound left turn movement on Mariani Avenue to northbound N. De Anza Blvd. to clear the traffic. Other considerations suggested by the traffic consultant are: 11--3 Applications: U-2006-06, ASA-2006-06, TR-2006-09, EA-2006-09 Page 4 August 15,2006 1. Add "Do Not Block Intersection" signs on all four approaches to the intersection. Provide police enforcement during PM peak hours. 2. Consider prohibiting U-turn movements from southbound N. De Anza Blvd. at Mariani Avenue during the 4-7 p.m. peak period. 3. Provide more in-depth evaluation of the operation of the BJ's Restaurant driveway on N. De Anza Blvd. 4. Upgrade the traffic signal controller cabinet for this intersection. Staff is recommending these traffic improvements be included as a condition of approval subject to the satisfaction of the Director of Public Works. Parking Easement. The owner of the abutting property to the rear, Mariani Business Center, LLC/Jane Wu, presented recorded easement language to the Commission that indicates her legal interest in the parking and vehicular access of the applicant's property (Exhibit B). Likewise, the applicant owns an easement for parking and access on Mariani Business Center's property. The easement language of concern reads as follows: ".. .The owner of Parcel A and the owner of Parcel B, respectively, each may relocate and reconfigure the parking spaces on their respective properties so long as same remain reasonably accessible to the tenants, occupants, invitees, and guests of the other parcel and so long as the number of spaces are not reduced below said number. Any reconfiguration or reduction in number of spaces shall require the recorded written consent of the owner of the other Parce1." The situation appears similar to the one between Greg Bunker and the owners of Yamagami Nursery and Mr. Bunker's attempts to redevelop his property. After consulting with the Assistant City Attorney, the Planning Commission recommended adding a development condition that tied development approval to the requirement of obtaining recorded written consent from the adjacent property owner for the parking reconfiguration. Planning staff prefers that the City not insert itself in this disagreement between the two property owners over the easement language. Conformance with General Plan Policy 2-42: Revenue Analysis of Office Developments. This General Policy states that: "In reviewing office development proposals, encourage office uses and activities that generate significant revenues to the City, such as local sales offices, capturing point of sale internet transactions and business to business tax revenues. New office development exceeding 50,000 square feet shall be approved only if one of these or similar benefits are provided." As this is a speculative office development with no current prospective tenant, it is not possible to perform this type of revenue analysis. The City Council has not discussed how this policy would be implemented, and the Planning Commission requests that the I t-C( Applications: U-2006-06, ASA-2006-06, TR-2006-09, EA-2006-09 Page 5 August 15, 2006 Council undertake this determination with respect to this 60,000 square foot office building. The Director of Administrative Services is developing some alternative strategies for implementing this policy. Her work is not completed yet to be included in this staff report, but will follow shortly and be available before the hearing. A separate minute order is enclosed, requesting that the City Council address this policy on a general basis as well (Exhibit F). ENCLOSURES Planning Commission Resolutions Nos. 6403,6404 and 6405 Exhibit A: Planning Commission staff report dated July 11, 2006 Exhibit B: Letter to the Planning Commission from Jane Wu dated July 12, 2006 Exhibit C: Traffic Letter from Pang Engineers dated June 13, 2006 Exhibit D: Traffic Operations Report from Pang Engineers dated August 1, 2006 Exhibit E: Arborist Report from Barrie Coate dated June 6, 2006 (rec'd 7/24/06) Exhibit F: Planning Commission Minute Order no. 6410 Plan Set Prepared by: Colin Jung, Senior Planner Submitted by: Approved by: w ~-b4~~'/~ Steve Piasecki Director, Community Development David W. Knapp City Manager G:\Planning\PDREPORT\ CC\ U-2006-06 CC Report.doc ( r.--) ASA-2006-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6404 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURE AND SITE APPROVAL FOR A NEW 60,000 SQUARE FOOT OFFICE BUILDING AND PARKING STRUCTURE. --------------------------------------------------------------- --------------------------------------------------------------- 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 proposal, 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; 2. The proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will use materials and design elements that compliment the existing and neighboring structures; 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 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 No. ASA-2006-06 as set forth in the Minutes of the Planning Commission Meeting of July 11, 2006, and are incorporated by reference as though fully set forth herein. Ilf-~ Resolution No. 6404 Page 2 ASA-2006-06 July 11, 2006 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2006-06 (EA-2006-09) Cliff Chang 10495 N. De Anza Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on a plan set titled: " Any Mountain Office Building" consisting of 13 sheets labeled: C, AI, A2, A2.1, A2.2, A3, A4, Cl through C-5 and CLI, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct a 60,000 square foot office building with a 3- level parking structure with one level below grade. 3. PARKING GARAGE The approved garage site plan and floor plans are based on Exhibit A, subject to design review. 4. REVENUE ANALYSIS OF OFFICE DEVELOPMENTS The City Council shall determine compliance with the General Plan Policy 2-42, Revenue Analysis of the Office Development, which requires new office developments greater than 50,000 square feet to provide revenue benefits to the City. 5. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed project in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. 6. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official approval. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. 7. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 33,000 square feet of the office industrial allocations for the North De Anza Boulevard Planning Area. (J -) Resolution No. 6404 Page 3 ASA-2006-06 July 11, 2006 8. LANDSCAPE PLAN The applicant shall submit a 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 include: a) 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. b) Four 48" box Arbutus Marina trees in lieu of the 24" box trees proposed. c) Landscaping where feasible to soften the appearance of the westerly side of the parking structure. 9. 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. 10. PUBLIC ART The applicant shall install public art onsite 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 Pine Arts Commission prior to installation of the public art. 11. SCREENING All mechanical and other equipment on the 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. 12. TREE PROTECTION Prior to the issuance of grading and demolition permits, the applicant shall enter into a contract with an ISA-certified arborist to review and comment on all construction drawings and monitor grading, demolition and building ( lJ -8 Resolution No. 6404 Page 4 ASA-2006-06 July 11, 2006 construction to ensure that the recommendations described in an arborist report titled: "Tree Assessment and Recommendations for the Redevelopment Project Proposed at 10495 North De Anza, Cupertino, California, " prepared by Walter Levison and dated 5/12/06. Applicant shall provide a copy of the contract to the Director of Community Development. No parking or storage of materials shall be allowed under the protected trees. The tree protection measures shall be inspected and approved by the certified arborist with a confirmation letter sent to the Director of Community Development prior to issuance of grading and demolition permits. The supervising arborist shall monitor construction activities and prepare a final report ascertaining the health of the protected trees prior to issuance of final occupancy. 13. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of the 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. 14. APPROVAL OF PARKING LOT RECONFIGURATION Prior to building permit approval, the applicant shall obtain recorded written consent from the owner of the abutting property to the west, 20600 Mariani Avenue (APN 326-33-109) for the parking lot reconfiguration. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 15. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 16. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed In accordance with grades and standards as specified by the City Engineer. 17. 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 maximum height permitted by the zone in which the site is located. ( f ---1 Resolution No. 6404 Page 5 ASA-2006-06 July 11, 2006 18. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire as needed. 19. 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 andj or Regional Water Quality Control Board as appropriate. 20. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 21. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. 22. 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. 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. 23. 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. Checking & Inspection Fees: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree $ 6% of Off-Site Improvement Cost or $3,440.00 minimum $ 6% of Site Improvement Cost or $2,000.00 minimum $ 1,000.00 $ 4,013.39 b. Grading Permit: ** NjA NjA By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC { .5[- (0 Resolution No. 6404 Page 6 ASA-2006-06 July 11,2006 Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -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. 24. 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. In addition the transformer shall not be located in the front or side building setback area. 25. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 26. STORMWATER QUALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing one (1) acre or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management Plan/Notice of Intent (NOI), BMP operation and maintenance responsibilities and BMP inspection and reporting. 27. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 28. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Department in regards to refuse truck access for the proposed development. I ~- (( Resolution No. 6404 Page 7 ASA-2006-06 July 11, 2006 29. TRAFFIC SIGNAL TIMING The applicant shall review traffic signal timing for the North De Anza Blvd.jMariani Avenue intersection with the objective of improving safety for existing and expected pedestrian movements. PASSED AND ADOPTED this 11th day of July 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Saadati, Wong Chien COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: /s/Ciddy Wordell Ciddy Wordell, City Planner for Steve Piasecki Director of Community Development / s / Marty Miller Marty Miller, Chairperson Planning Commission G: \ Planning \ PDREPORT\RES\ 2006 \ ASA-2006-06 res.doc I :r-IJ- ------~~~-------- _.u:Ll.t~.!LS0lA....P<____-__ - OFFICE \ \ I \ \ ill: <> \ I 2 \ ". - -@-------w------- --- - -- - -- - - . ""'HI "en: 6 71 5T ALL5 F~ 1 :-7 ~ C"\ '- I ~ EXHIBIT A ARIANI AVENUE REMOVE (El SIDEWALK ~ II \ \\\\\\\ \\\\\\\\ \\\\ \~ G0 SITE PLAN A1 SCALE: ,"=20' OFFICE ~~~----=~~ .~,~ 107' -0" i (XJ I to LO ~ TYPICAL UPPER DECK \ \ {r -Il( 89'-0" l' 37 STALLS BELOW GRADE co I ill LO (' J- -(j U-2006-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6403 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISTING 27,000 SQUARE FOOT OFFICE BUILDING AND CONSTRUCT A 60,000 SQUARE FOOT OFFICE BUILDING AND PARKING STRUCTURE. SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, 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; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, 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 No. U-2006-06 as set forth in the Minutes of the Planning Commission Meeting of July 11,2006, and are incorporated by reference as though fully set forth herein. {t -I b Resolution No. 6403 Page 2 U-2006-06 July 11, 2006 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2006-06 Cliff Chang 10495 N. De Anza Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on a plan set titled: " Any Mountain Office Building" consisting of 13 sheets labeled: C, AI, A2, A2.1, A2.2, A3, A4, Cl through C-5 and CL1, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct a 60,000 square foot office building with a 3- level parking structure with one level below grade. 3. PARKING GARAGE The approved garage site plan and floor plans are based on Exhibit A, subject to design review. 4. REVENUE ANALYSIS OF OFFICE DEVELOPMENTS The City Council shall determine compliance with the General Plan Policy 2-42, Revenue Analysis of the Office Development, which requires new office developments greater than 50,000 square feet to provide revenue benefits to the City. 5. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed project in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. 6. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official approval. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. 7. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 33,000 square feet of the office industrial allocations for the North De Anza Boulevard Planning Area. (t-f7 Resolution No. 6403 Page 3 U-2006-06 July 11, 2006 8. LANDSCAPE PLAN The applicant shall submit a 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 include: a) 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. b) Four 48" box Arbutus Marina trees in lieu of the 24" box trees proposed. c) Landscaping where feasible to soften the appearance of the westerly side of the parking structure. 9. NOTICE OF FEES, DEDICATIONS, RESERV ATIONS 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. 10. PUBLIC ART The applicant shall install public art onsite 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. 11. SCREENING All mechanical and other equipment on the 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. No parking or storage of materials shall be allowed under the protected trees. 12. TREE PROTECTION Prior to the issuance of grading and demolition permits, the applicant shall enter into a contract with an ISA-certified arborist to review and comment on all (.f--/t Resolution No. 6403 Page 4 U-2006-06 July 11,2006 construction drawings and monitor grading, demolition and building construction to ensure that the recommendations described in an arborist report titled: "Tree Assessment and Recommendations for the Redevelopment Project Proposed at 10495 North De Anza, Cupertino, California, " prepared by Walter Levison and dated 5/12/06. Applicant shall provide a copy of the contract to the Director of Community Development. No parking or storage of materials shall be allowed under the protected trees. The tree protection measures shall be inspected and approved by the certified arborist with a confirmation letter sent to the Director of Community Development prior to issuance of grading and demolition permits. The supervising arborist shall monitor construction activities and prepare a final report ascertaining the health of the protected trees prior to issuance of final occupancy. 13. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of the 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. 14. APPROVAL OF PARKING LOT RECONFIGURATION Prior to building permit approval, the applicant shall obtain recorded written consent from the owner of the abutting property to the west, 20600 Mariani Avenue (APN 326-33-109) for the parking lot reconfiguration. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEP ARTMENT 15. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 16. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed In accordance with grades and standards as specified by the City Engineer. 17. 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 maximum height permitted by the zone in which the site is located. (lr--(1 Resolution No. 6403 Page 5 U-2006-06 July 11, 2006 18. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire as needed. 19. 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 andj or Regional Water Quality Control Board as appropriate. 20. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 21. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. 22. 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. 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. 23. 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. Checking & Inspection Fees: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree $ 6% of Off-Site Improvement Cost or $3,440.00 minimum $ 6% of Site Improvement Cost or $2,000.00 minimum $ 1,000.00 $ 4,013.39 b. Grading Permit: ** NjA NjA By Developer I 0- ~ LD Resolution No. 6403 Page 6 U-2006-06 July 11, 2006 ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -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. 24. 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. In addition the transformer shall not be located in the front or side building setback area. 25. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 26. STORMWATER QUALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing one (1) acre or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management Plan/Notice of Intent (NOI), BMP operation and maintenance responsibilities and BMP inspection and reporting. 27. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. '{{'--ll Resolution No. 6403 Page 7 U-2006-06 July 11, 2006 28. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Department in regards to refuse truck access for the proposed development. 29. TRAFFIC SIGNAL TIMING The applicant shall review traffic signal timing for the North De Anza Blvd.jMariani Avenue intersection with the objective of improving safety for existing and expected pedestrian movements. PASSED AND ADOPTED this 11th day of July 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: Chairperson Miller, Saadati, Wong, Chien COMMISSIONERS: none COMMISSIONERS: Vice Chair Giefer COMMISSIONERS: none ATTEST: APPROVED: /s/Ciddy Wordell Ciddy Wordell, City Planner for Steve Piasecki Director of Community Development / s / Marty Miller Marty Miller, Chairperson Planning Commission G: \ Planning \ PDREPORT\RES \2006\ U-2006-06.doc I J- -;21- REDUCED SETBACK FROM 15' TO 1IT ------~~~-------- _.!n-~~3....K!BA....PC_______ - 39' ARIANI AVENUE 71 STALLS OFFICE I I N~SCAPE ~ STRIP I 1 \ p~ I 11m :-7 <> \ I 1 ~ 2 \ 11 I \ \ \\\\\\ \ \ \ \\ \\ \ \\ \\\ ~ GJ SITE PLAN A1 OFFICE SCALE: 1 ~=20' :~~:--:=~: .-,~ n c---4 I ~ "- EXHIBIT A -r I I I I I I I I I I I I I I I I I I I I I I I I 107' -0" i CD I ill If) TYPICAL UPPER DECK {)r~2-~ 89'-0" f 37 STALLS BELOW GRADE aJ I to to (r---'L) TR-2006-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6405 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF THE TREE REMOVAL AND REPLANTING FOR A PROPOSED 60,000 SQUARE FOOT OFFICE BUILDING AND PARKING STRUCTURE. SECTION 1: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2006-09 Cliff Chang 10495 N. De Anza Blvd. SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to remove and replace 21 trees; 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 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application for Tree Removal is hereby recommended for approval; 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 TR-2006-09, as set forth in the Minutes of the Planning Commission Meeting of July II, 2006 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. TREE REMOVAL Approval is granted to remove 21 onsite trees as detailed in a plan set titled: " Any Mountain Office Building" consisting of 13 sheets labeled: C, AI, A2, A2.1, A2.2, A3, A4, C1 through C-5 and CL1 and an arborist report titled: "Tree Assessment and Recommendations for the Redevelopment Project Proposed at (r-~ Resolution No. 6405 Page 2 TR-2006-09 July 11, 2006 10495 North De Anza, Cupertino, California, " prepared by Walter Levison and dated 5/12/06, except as may be amended by the Conditions contained in this Resolution. Approval is not granted to remove street trees in the public right-of- way. 2. LANDSCAPE PLAN The applicant shall submit a 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 include: a) 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. b) Four 48" box Arbutus Marina trees in lieu of the 24" box trees proposed. c) Landscaping where feasible to soften the appearance of the westerly side of the parking structure. 3. 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. 4. TREE PROTECTION Prior to the issuance of grading and demolition permits, the applicant shall enter into a contract with an ISA-certified arborist to review and comment on all construction drawings and monitor grading, demolition and building construction to ensure that the recommendations described in an arborist report titled: "Tree Assessment and Recommendations for the Redevelopment Project Proposed at 10495 North De Anza, Cupertino, California, " prepared by Walter Levison and dated 5/12/06. Applicant shall provide a copy of the contract to the Director of Community Development. No parking or storage of materials shall be allowed under the protected trees. The tree protection measures shall be inspected and approved by the certified arborist with a confirmation letter sent to the Director of Community Development prior to issuance of grading and demolition permits. The supervising arborist shall monitor construction activities and prepare a final I f- 2- '7 Resolution No. 6405 Page 3 TR-2006-09 July 11, 2006 report ascertaining the health of the protected trees prior to issuance of final occupancy. 5. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of the 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. PASSED AND ADOPTED this 11th day of July 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Saadati Wong, Chien COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: /s/Ciddy Wordell Ciddy Wordell, City Planner for Steve Piasecki Director of Community Development / s / Marty Miller Marty Miller, Chairperson Cupertino Planning Commission G: \ Planning \ PDREPORT\ RES \ 2006 \ TR-2006-09 res. doc ( r-2f Exhibit A CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2006-06, ASA-2006-06 Agenda Date: July 11, 2006 TR-200Q-09 (EA-2006-09) Applicant: Cliff Chang, Chang Architecture Property Owner: 1200 San Mateo Avenue, LLC Property Location: 10495 N. De Anza Boulevard (APN 326-33-110) Project Data: General Plan Designation: Light Ind ustrialj Commercialj Residential Existing Zoning Designation: P(CG, ML, Res 4-10) Net Acres: 1.658 acres Existing Office Building Area: 27,000 square feet (to be demolished) Proposed Office Building Area: 60,000 square feet Proposed Building Height/Stories: 45 feet/3 stories Parking Required: 211 spaces Parking Provided: 216 spaces N. De Anza Blvd. Setback: 58' 7/1 -107' Mariani Ave. Setback: 37' average Project Consistency with: General Plan ~ North De Anza Blvd. Zoning yes Environmental Assessment: Negative Declaration Application Summary: USE PERMIT and ARCHITECTURAL & SITE APPROVAL to demolish a 27,000 square foot office building and construct a new 60,000 square foot office building with a two level above grade parking structure. TREE REMOVAL to allow the removal and replacement of 21 trees to accommodate a 60,000 square foot office building RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council approval of the use permit, architectural & site approval and tree removal per the model resolutions. BACKGROUND: Site Description & History: The project site is at the southwest corner of North De Anza Boulevard and Mariani Avenue, which is a signalized intersection. The site is completely surrounded by other { rf-21 U-2006-06, ASA-2006-06, .-2006-09 Page 2 July 11,2006 office developments. The closest residential property (about 360 feet away) will be the recently approved Greenleaf subdivision at the easterly terminus of Greenleaf Drive. The property was originally developed in the mid-1970's as a specialty ski retailer by Any Mountain. A second building was later added toward the rear on another parcel and it housed administrative offices, a ski rental business and a skiing demonstration ~ facility. By the mid-1990's, a declining market for recreational skiing led to the conversion of both buildings to office uses. The rear office building/ property was sold to a different property owner several years ago and is not part of this project. Project Description: The applicant is proposing to demolish the existing office building and construct a 60,000 square-foot, three-story, speculative office building. The building is sited to frame both North De Anza Boulevard and Mariani Avenue. The driveway is located on the Mariani Avenue side street. An ingress/ egress easement allows vehicular circulation with the office parking lot to the rear with direct access to Bandley Drive. There are two building entrances: one facing N. De Anza Blvd with a pedestrian connection to the sidewalk and intersection, and another entrance facing the parking structure toward the rear. The building will be served by surface parking and a two-level above grade parking structure with the drive-up ramp located on the southern portion of the property. DISCUSSION: General Plan Conformance: The project would replace an outmoded building originally built for a specialty retailer with a new class-A office building that is compatible with the surrounding land uses. It would enhance the identity of North De Anza Boulevard as a regional employment center and maintain the area as a cohesive office park. The North De Anza Boulevard Planning Area provides a general plan office development allocation of 218,185 square feet. The net needed building square footage, 33,000 square feet, can be accommodated by the planning area development allocation, even with the expanded Public Storage facility on Bandley Drive (net new building area of 110,963 square feet). Staff is concerned about the limited square footage allocation available in the North De Anza planning area. When the Public Storage application returns to the City Council, staff is going to recommend that the square footage allocation attributed to this project be reduced to more accurately reflect the limited amount of traffic and employees. If the City Council agrees, then the future available office allocation will increase. 2 l r -Jl) U-2006-06, ASA-2006-06, .-2006-09 Page 3 July 11, 2006 General Plan Policy no. 2-42: Revenue Analysis of Office Developments states: /lIn reviewing office development proposals, encourage office uses and activities that generate significant revenues to the City, such as local sales offices, capturing point of sale internet transactions and business to business tax revenues. New office development exceeding 50,000 square feet shall be approved only if one of these or similar benefits are provided." As this is a speculative office development with no current prospective tenant, it is not possible to perform this type of revenue analysis. The use permit would need to be restricted to require the revenue analysis at a future date and the qualification of potential office tenants. A condition is included to this effect. North De Anza Boulevard Conceptual Zoning Conformance: The project was designed to preserve as much of the existing mature landscaping fronting N. De Anza Boulevard as possible as this is one of the key design concepts of the zoning plan and one of the primary visual characteristics of the area. To accomplish this, the front setback was widened from 50 feet (minimum 35 feet measured from the curb face) to a minimum of 58+ feet to 107 feet in order to preserve as many of the mature redwoods and Deodar Cedars that occupy the frontage. The side setback from Mariani Avenue (measured from face of curb) also meets the zoning with a minimum width of 19 feet and an average depth of 37 feet where the standard is 25 feet on average. Other zoning/ design considerations are met, including keeping vehicular access to the side streets (Mariani and Bandley) and locating parking toward the rear. Architecture: The design was reviewed by City Architect, Larry Cannon (Exhibit A). The main design concepts were to create a design that was compatible with the surrounding office buildings in the area and add pedestrian details that would integrate the use into the surrounding environment. One of the main features of surrounding office buildings is the balance of solid and transparent elements arranged in horizontal bands. This concept was taken into account in the design of the building with horizontal bands of glass, stucco and metal. Pedestrian details include ground level light fixtures, an entry canopy and a prominent pedestrian entrance to De Anza Boulevard (See landscape plan). Traffic: The Public Works Department reviewed the traffic impacts of the larger office building. It concluded that the net increase of 33,000 office square feet would not require a 3 it -)( U-2006-06, ASA-2006-06, .-2006-09 Page 4 July 11, 2006 Congestion Management Agency traffic impact analysis, nor would the increased office traffic deteriorate traffic LOS below acceptable standards. The Department advised that traffic signal timing at the nearby intersection might need adjustment to account for existing and expected increased pedestrian movements in the area. Trees: The applicant is requesting to remove a number of significant size trees that are part of the original Any Mountain landscape plan. The consulting arborist inventoried 58 trees on the property, with 21 proposed for removal to accommodate the new office building footprint and parking structure. A location map of the removed trees is shown in the arborist report prepared by Walter Levison, #WC3172, (Exhibit B). Mountain Trees Pro Trunk Dia (inches Deodar Cedar Coast Redwood 1 33, 34, 35, 37, 38, 40, 4l, 42, 47, 48, 49, 50, 52, 53, 54, 55, & 56 6 36 & 39 Total I 25.5/14 17 20, 17.7, 14.7, 28, 26.2, 16/14, 12.3, 13.5, 18.9, 25.7, 14.7, 12.8, 15, 23.1, 10.8, 12.9, & 15.2 1 13.3 2 8.8, 8.7, 21 There is an unusually high number of larger trees on the property, including the parking lot. Staff believes this was intentional and in keeping with an environment that ski retailer, Any Mountain, was trying to create. The applicant is proposing to replant with 18 trees: Eastern Redbud, Ornamental Pear and Hybrid Madrone. These trees will grow to smaller sizes, but are more in keeping with the size of the landscape areas being proposed. Because of the size of the trees being proposed for removal, the Environmental Review Committee (ERC) recommended that larger size replacement trees be planted where possible. Staff has identified the four proposed Madrones as the best candidates because of their larger growing zones. Staff is recommending 48/1 box Madrone trees. The consulting arborist has recommended a series of actions to protect the trees intended for preservation from construction activities. These are incorporated in the conditions of approval by reference. The City Arborist's report has not been received yet, but we expect it by the hearing date. 4 /lr-JJ- U-2006-06, ASA-2006-06, .-2006-09 Page 5 July 11, 2006 Potential Parking Structure Glare and Noise: The ERC was concerned about potential noise and glare from an elevated parking structure. Staff examined the situation and noted that the garage was 360 feet away from the nearest potential residential development (Greenleaf subdivision). One third of the parking structure length was blocked by existing taller office buildings. The other two-thirds was obscured by parking lot landscaping, a masomy wall and a row of 40-50 foot trees on the residential property. To mitigate any potential glare, the garage includes a 3.5-foot tall wall along the upper levels and a condition has been added to the conditions of approval, requiring cut-off fixtures for any parking garage outdoor lighting. Enclosures: Model Resolutions for use permit, architectural & site approval and tree removal Initial Study and ERC Recommendation Exhibit A: Design Comments from Larry Cannon Exhibit B: Arborist Report prepared by Walter Levison, dated 5/12/06 Plan Set Prepared by: Approved by: Colin Jung, Senior Planner Steve Piasecki, Director of Community Development g:planningl pel pdreportl USEreportl 2006 I U -2006-06 (r -J '3 U-2006-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISTING 27,000 SQUARE FOOT OFFICE BUILDING AND CONSTRUCT A 60,000 SQUARE FOOT OFFICE BUILDING AND PARKING STRUCTURE. SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application. for a Use Permit, 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; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, 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 No. U-2006-06 as set forth in the Minutes of the Planning Commission Meeting of July 11,2006, and are incorporated by reference as though fully set forth herein. {t - J0( Model Resolution Page 2 U-2006-06 July 11, 2006 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2006-06 Cliff Chang 10495 N. De Anza Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on a plan set titled: /I Any Mountain Office Building /I consisting of 13 sheets labeled: C, Al, A2, A2.I, A2.2, A3, A4, C1 through C-5 and CL1, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct a 60,000 square foot office building with a 2- level above grade parking structure. 3. OFFICE TENANT RESTRICTIONS The building occupancy shall be limited to office tenants/companies that generate significant revenues to the City, such as a local sales office, capturing point of sale internet transactions or business to business tax revenues. The applicant shall demonstrate that at least one of these revenue streams occurs or the tenant(s) provide similar benefits. 4. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed project in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. 5. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official approval. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. 6. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 33,000 square feet of the office industrial allocations for the North De Anza Boulevard Planning Area. (r-Jf Model Resolution Page 3 U-2006-06 July 11, 2006 7. LANDSCAPE PLAN The applicant shall submit a 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 include: a) 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. b) Four 48" box Arbutus Marina trees in lieu of the 24" box trees proposed. c) Landscaping where feasible to soften the appearance of the westerly side of the parking structure. 8. 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. 9. PUBLIC ART The applicant shall install public art onsite prior to final occupancy. The public art shall be valued at a minimum of one-quarter percent (l/ 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. 10. SCREENING All mechanical and other equipment on the 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. 11. TREE PROTECTION Prior to the issuance of grading and demolition permits, the applicant shall enter into a contract with an ISA-certified arborist to review and comment on all construction drawings and monitor grading, demolition and building {J--- J ~ Model Resolution Page 4 U-2006-06 July 11, 2006 construction to ensure that the recommendations described in an arborist report titled: "Tree Assessment and Recommendations for the Redevelopment Project Proposed at 10495 North De Anza, Cupertino, California, " prepared by Walter Levison and dated 5/12/06. Applicant shall provide a copy of the contract to the Director of Community Development. The tree protection measures shall be inspected and approved by the certified arborist with a confirmation letter sent to the Director of Community Development prior to issuance of grading and demolition permits. The supervising arborist shall monitor construction activities and prepare a final report ascertaining the health of the protected trees prior to issuance of final occupancy. 12. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of the 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. 13. DESIGN REVIEW OF PARKING STRUCTURE The design of parking structure is not approved with this application. The applicant shall submit an ASA application to the Design Review Committee with additional architectural enhancements to the parking structure. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 14. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 15. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed In accordance with grades and standards as specified by the City Engineer. 16. 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 maximum height permitted by the zone in which the site is located. ( r r ) '7 Model Resolution Page 5 U-2006-06 July 11, 2006 17. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire as needed. 18. 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. 19. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 20. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. 21. 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. 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. 22. 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. Checking & Inspection Fees: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree $ 6% of Off-Site Improvement Cost or $3,440.00 minimum $ 6% of Site Improvement Cost or $2,000.00 minimum $ I,OOO.OO $ 4,013.39 b. Grading Permit: ** N/A N/A By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC I r-3r Model Resolution Page 6 U -2006-06 July 11, 2006 Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -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. 23. 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. In addition the transformer shall not be located in the front or side building setback area. 24. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 25. STORMWATER QUALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing one (I) acre or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management PlanjNotice of Intent (NOI), BMP operation and maintenance responsibilities and BMP inspection and reporting. 26. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 27. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Department in regards to refuse truck access for the proposed development. liF -]~ Model Resolution Page 7 U -2006-06 July 11, 2006 28. TRAFFIC SIGNAL TIMING The applicant shall review traffic signal timing for the North De Anza Blvd.jMariani Avenue intersection with the objective of improving safety for existing and expected pedestrian movements. PASSED AND ADOPTED this 11th day of July 2006, 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: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Planning Commission G: \ Planning \ PDREPORT\ RES \ 2006 \ U-2006-06.doc lJ4D ASA-2006-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURE AND SITE APPROV AL FOR A NEW 60,000 SQUARE FOOT OFFICE BUILDING AND PARKING STRUCTURE. --------------------------------------------------------------- --------------------------------------------------------------- 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; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title; and 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 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 No. ASA-2006-06 as set forth in the Minutes of the Planning Commission Meeting of July 11, 2006, and are incorporated by reference as though fully set forth herein. It-l/( Resolution No. Page 2 ASA-2006-06 July 11, 2006 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2006-06 Cliff Chang 10495 N. De Anza Boulevard SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on a plan set titled: 11 Any Mountain Office Building 11 consisting of 13 sheets labeled: C, AI, A2, A2.1, A2.2, A3, A4, C1 through C-5 and CL1, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct a 60,000 square foot office building with a 2- level above grade parking structure. 3. OFFICE TENANT RESTRICTIONS The building occupancy shall be limited to office tenants/companies that generate significant revenues to the City, such as a local sales office, capturing point of sale internet transactions or business to business tax revenues. The applicant shall demonstrate that at least one of these revenue streams occurs or the tenant(s) provide similar benefits. 4. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed project in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. 5. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official approval. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. 6. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 33,000 square feet of the office industrial allocations for the North De Anza Boulevard Planning Area. / }-- \{ J- Resolution No. Page 3 ASA-2006-06 July 11, 2006 7. LANDSCAPE PLAN The applicant shall submit a 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 include: a) 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. b) Four 48" box Arbutus Marina trees in lieu of the 24" box trees proposed. c) Landscaping where feasible to soften the appearance of the westerly side of the parking structure. 8. NOTICE OF FEES, DEDICATIONS, RESERV A TIONS 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. 9. PUBLIC ART The applicant shall install public art onsite 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. 10. SCREENING All mechanical and other equipment on the 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. 11. TREE PROTECTION Prior to the issuance of grading and demolition permits, the applicant shall enter into a contract with an ISA-certified arborist to review and comment on all construction drawings and monitor grading, demolition and building 1J--L( 3 Resolution No. Page 4 ASA-2006-06 July 11, 2006 construction to ensure that the recommendations described in an arborist report titled: "Tree Assessment and Recommendations for the Redevelopment Project Proposed at 10495 North De Anza, Cupertino, California, " prepared by Walter Levison and dated 5/12/06. Applicant shall provide a copy of the contract to the Director of Community Development. The tree protection measures shall be inspected and approved by the certified arborist with a confirmation letter sent to the Director of Community Development prior to issuance of grading and demolition permits. The supervising arborist shall monitor construction activities and prepare a final report ascertaining the health of the protected trees prior to issuance of final occupancy. 12. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of the 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. 13. DESIGN REVIEW OF PARKING STRUCTURE The design of parking structure is not approved with this application. The applicant shall submit an ASA application to the Design Review Committee with additional architectural enhancements to the parking structure. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 14. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 15. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed In accordance with grades and standards as specified by the City Engineer. 16. 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 maximum height permitted by the zone in which the site is located. {J---l(<( Resolution No. Page 5 ASA-2006-06 July 11, 2006 17. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire as needed. 18. 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. 19. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 20. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. 21. 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. 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. 22. 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. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or $3,440.00 minimum $ 6% of Site Improvement Cost or $2,000.00 minimum $ 1,000.00 $ 4,013.39 b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree ** N/A N/A By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC l D- -l( ) Resolution No. Page 6 ASA-2006-06 July 11, 2006 Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -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. 23. 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. In addition the transformer shall not be located in the front or side building setback area. 24. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 25. STORMW ATER QUALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing one (1) acre or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management Plan/Notice of Intent (NOI), BMP operation and maintenance responsibilities and BMP inspection and reporting. 26. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. lr---Lf~ Resolution No. Page 7 ASA-2006-06 July 11, 2006 27. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Department in regards to refuse truck access for the proposed development. 28. TRAFFIC SIGNAL TIMING The applicant shall review traffic signal timing for the North De Anza Blvd.jMariani Avenue intersection with the objective of improving safety for existing and expected pedestrian movements. PASSED AND ADOPTED this 11th day of July 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Planning Commission G: \ Planning \ PDREPORT\ RES \ 2006 \ ASA-2006-06 res. doc { J ~l( 7 TR-2006-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROV AL OF THE TREE REMOV AL AND REPLANTING FOR A PROPOSED 60,000 SQUARE FOOT OFFICE BUILDING AND PARKING STRUCTURE. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2006-09 Cliff Chang 10495 N. De Anza Blvd. SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to remove and replace 21 trees; 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 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in" this matter, application for Tree Removal is hereby recommended for approval; 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 TR-2006-09, as set forth in the Minutes of the Planning Commission Meeting of July 11, 2006 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. TREE REMOVAL Approval is granted to remove 21 onsite trees as detailed in a plan set titled: " Any Mountain Office Building /I consisting of 13 sheets labeled: C, AI, A2, A2.1, A2.2, A3, A~, C1 through C-5 and CL1 and an arborist report titled: "Tree Assessment and Recommendations for the Redevelopment Project Proposed at I r 'l( t Model Resolution Page 2 TR-2006-09 July 11, 2006 10495 North De Anza, Cupertino, California, /I prepared by Walter Levison and dated 5/12/06, except as may be amended by the Conditions contained in this Resolution. Approval is not granted to remove street trees in the public right-of- way. 2. LANDSCAPE PLAN The applicant shall submit a 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 include: a) 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. b) Four 48/1 box Arbutus Marina trees in lieu of the 24" box trees proposed. c) Landscaping where feasible to soften the appearance of the westerly side of the parking structure. 3. 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. 4. TREE PROTECTION Prior to the issuance of grading and demolition permits, the applicant shall enter into a contract with an ISA-certified arborist to review and comment on all construction drawings and monitor grading, demolition and building construction to ensure that the recommendations described in an arborist report titled: "Tree Assessment and Recommendations for the Redevelopment Project Proposed at 10495 North De Anza, Cupertino, California, " prepared by Walter Levison and dated 5/12/06. Applicant shall provide a copy of the contract to the Director of Community Development. The tree protection measures shall be inspected and approved by the certified arborist with a confirmation letter sent to the Director of Community Development prior to issuance of grading and demolition permits. The supervising arborist shall monitor construction activities and prepare a final i t /G( 1 Model Resolution Page 3 TR-2006-09 July 11, 2006 report ascertaining the health of the protected trees prior to issuance of final occupancy. 5. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of the 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. PASSED AND ADOPTED this 11th day of July 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Cupertino Planning Commission G:\Planning\PDREPORT\RES\2006\ TR-2006-09 res.doc 1J--f7) CITY OF CUPERTINO RECOMMENDATION OF ENVIRONMENTAL REVIEW COMMITTEE June 14, 2006 As provided by the Environmental Assessment Procedure, adopted by the City Council of the City of Cupertino on May 27, 1983, as amended, the following described project was reviewed by the Environmental Review Committee of the City of Cupertino on June 14, 2006. PROTECT DESCRIPTION AND LOCATION Application No.: Applicant: Location: U-2006-06 (EA-2006-09), ASA-2006-06, TR-2006-09 Cliff Chang (Chang Architecture) 10495 N. De Anza Blvd DISCRETIONARY ACTION REQUEST Use Permit to demolish an existing 27,000 square foot office building and construct a 60,000 square foot office building and parking structure Architectural and Site review for a new 60,000 square foot office building and parking structure Tree removal and replanting for a proposed 60,000 square foot office building and parking structure FINDINGS OF THE ENVIRONMENTAL REVIEW COMMITTEE The Environmental Review Committee recommends the granting of a Mitigated Negative Declaration finding that the project is consistent with the General Plan and has no Si~7Viromnental impacts. ~ \,I)L \ ./:' I' Steve Piasecki Director of Community Development g/ercjREC EA-2006-09 {J-~J( City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department CUPEI\TINO PROJECT DESCRIPTION: EA File No: e:or-zvc'>b--cA Case File No.i)-2td)~,~ Df;- i f;.sA--2nOt,.-~ ttachments "Tkz.cob -D~ ., '^jsc;,;,t-'h. -\-(~~ c....o'{.ri _ (" PROJECT DESCRIPTION: I ,~ 27 27.DOO Site Area (ac.) - ~ Building Coverage - .;1% Exist. BuildinQ -~sJ. Proposed - Bldg. - &D DOl' s.f. Zone -~Cf, 1V1L ~t"'-~.. .P. Designation - ..L'Klatfy:(.'~/ umJlAe'r-(' 'Ic,ll.....f' fl('e,/ Dr">'- 'cr, .1.... I I r . "~.., '" '.:JJI {Jt""t1 ""- I'",<::-.-.i /Ix^'111J1 Assessor's Parcel No. - 3"21:.- 33 - 110 " If Residential, Units/Gross Acre - Total# Rental/Own Bdrms Total s.f. Price Unit Type #1 Unit Type #2 Unit Type #3 Unit Type #4 Unit Type #5 Applicable Special Area Plans: (Check) o Monta Vista Design Guidelines o S. De Anza Conceptual ~ N. De Anza Conceptual o S. Sara-Sunny Conceptual o Stevens Crk Blvd. Conceptual o Stevens Creek Blvd. SW & Landscape If Non-Residential, Building Area .. (;0. 'D 00 sJ. Employees/Shift - ---:...-parking Required 2- \ \ Project Site is Within Cupertino Urban Service Area .. FAR - ~ g3 Max. Parking Provided 21 In YES)8( NO o / J--j J- A. CUPERTINO GENERAL PLAN SOURCES D. OUTSIDE AGENCIES (Continued) 1. Land Use Element 26. Midpeninsula Regional Open Space District 2. Public Safety Element 27. County Parks and Recreation Department 3. Housing Element 28. Cupertino Sanitary District 4. Transportation Element 29. Fremont Union High School District 5. Environmental Resources 30. Cupertino Union School District 6. Appendix A- Hillside Development 31. Pacific Gas and Electric 7. Land Use Map 32. Santa Clara County Fire Department 8. Noise Element Amendment 33. County Sheriff 9. City Ridgeline Policy 34. CALTRANS 10. Constraint Maps 35. County Transportation Agency 36. Santa Clara Valley Water District B. CUPERTINO SOURCE DOCUMENTS 11. Tree Preservation ordinance 778 E. OUTSIDE AGENCY DOCUMENTS 12. City Aerial Photography Maps 37. BAAQMD Survey of Contaminant 13. "Cupertino Chronicle" (California History Excesses Center, 1976) 38. FEMA Flood Maps/SCVWD Flood Maps 14. Geological Report (site specific) 39. USDA, "Soils of Santa Clara County" 15. Parking Ordinance 1277 40. County Hazardous Waste Management 16. Zoning Map Plan 17. Zoning Code/Specific Plan Documents 41. County Heritage Resources Inventory 18. City Noise Ordinance 42. Santa Clara Valley Water District Fuel leak Site C. CITY AGENCIES Site 43. CalEPA Hazardous Waste and 19. Community Development Dept. List Substances Site 20. Public Works Dept. 21. Parks & Recreation Department F. OTHER SOURCES 22. Cupertino Water Utility 44. Project Plan Set/Application Materials 45. Field Reconnaissance D. OUTSIDE AGENCIES 46. Experience w/project of similar 23. County Planning Department scope/characteristics 24. Adjacent Cities' Planning Departments 47. ABAG Projection Series 25. County Departmental of Environmental Health A. Complete all information requested on the Initial Study Cover page. LEAVE BLANK SPACES ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE. B. Consult the Initial Study Source List; use the materials listed therein to complete, the checklist information in Categories A through O. C. You are encouraged to cite other relevant sources; if such sources are used, job in their title(s) in the "Source" column next to the question to which they relate. D. If you check any of the "YES" response to any questions, you must attach a sheet explaining the potential impact and suggest mitigation if needed. E. When explaining any yes response, label your answer clearly (Example "N - 3 Historical") Please try to respond concisely, and place as many explanatory responses as possible on each paqe. F. Upon completing the checklist, sign and date the Preparer's Affidavit. G. Please attach the fOllowing materials before submitting the Initial Study to the City. v"Project Plan Set of Legislative Document v"Location map with site clearly marked (when applicable) (J--f3 EVALUATION OF ENVIRONMENTAL IMPACTS: I >.- 0 c:- -c: c: 'E c: :;; c: ! -ra- ra ra 0 ra rara- - ; .~ 0 0 .c 0 .c .- I- .coo 0 i !ISSUES: -.- ~ 1-i.;::!:1Oo 1-'- ra o ra c::!:: 1/)'- 3: tn 0- I/):!:: 0- ZO- I Q) c: E I [and Supporting Information Sources] I/) c: .- l- I/) c: E E o.~- Q)tn ~o Q) .~- - I Q.(IJ -I .- 2 0 ...I(IJ (IJ c: - II. AESTHETICS -- Would the project: I a) Have a substantial adverse effect on a 0 0 0 -fli I scenic vista? [5,9,24,41,44] I I b) Substantially damage scenic resources, 0 0 0 .rgz I including, but not limited to, trees, rock I outcroppings, and historic buildings within a I I state scenic highway? [5,9,11,24,34,41,44] i c) Substantially degrade the existing visual 0 0 0 .. y{ I character or quality of the site and its I surroundings? [1,17,19,44] i I d) Create a new source of substantial light or 0 0 0 ~ glare, which would adversely affect day or I nighttime views in the area? [1,16,44] i III. AGRICULTURE RESOURCES: In I determining whether impacts to agricultural I resources are significant environmental effects, lead agencies may refer to the I California Agricultural Land Evaluation and I Site Assessment Model (1997) prepared by I the California Dept. of Conservation as an I I optional model to use in assessing impacts I I I on agriculture and farmland. Would the I I project: I i I a) Convert Prime Farmland, Unique 0 0 0 fll I Farmland, or Farmland of Statewide I Importance (Farmland), as shown on the I maps prepared pursuant to the Farmland I Mapping and Monitoring Program of the I California Resources Agency, to non- 1 agricultural use? [5,7,39] I ~ I b) Conflict with existing zoning for 0 0 0 I agricultural use, or a Williamson Act I contract? [5,7,23] c) Involve other changes in the existing 0 0 0 ~ I environment which, due to their location or i nature, could result in conversion of I Farmland, to non-agricultural use? [5,7,39] I I I ff --Jlt I , i >.- C _ 0 Cc I -c C C+:;i I -l'Cl- l'Cl l'Cl 0 l'Cl l'Cll'Cl- - I .!!! 0 0 .c:. O.c:. .- I- .c:.oo 0 ISSUES: cE g ....lj;::!::cuo .....- l'Cl o l'Cl U) .- 3: en 00 U):= 00 zOo [and Supporting Information Sources] Q) C E U) C .- I- U) C E E 15 .2'- Q) en :!:: 0 Q) .2'- - ...J .- ~ 0 I D..(f) (f) C ...J(f) I I I I III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of 0 0 0 E:J\ I the applicable air quality plan? [5,37,42,44] I b) Violate any air quality standard or 0 0 0 pa contribute substantially to an existing or I projected air quality violation? [5,37,42,44] , . I I c) Result in a cumulatively considerable net 0 0 0 ..8.l I increase of any criteria pollutant for which the project region is non-attainment under an I applicable federal or state ambient air quality , standard (including releasing emissions I which exceed quantitative thresholds for ozone precursors)? [4,37,44] i I d) Expose sensitive receptors to substantial 0 0 0 Pi. I pollutant concentrations? [4,37,44] Ie) Create objectionable odors affecting a 0 0 0 ;~ I substantial number of people? [4,37,44] I r I I IV. BIOLOGICAL RESOURCES -- Would . the project: . I I I a) Have a substantial adverse effect, either 0 0 0 ~ I I directly or through habitat modifications, on I any species identified as a candidate, I sensitive, or special status species in local or i regional plans, policies, or regulations, or by I I the California Department of Fish and Game I lor U.S. Fish and Wildlife Service? I [5,10,27,44] r b) Have a substantial adverse effect on any 0 0 0 ~ I riparian habitat or other sensitive natural I community identified in local or regional I plans, policies, regulations or by the I California Department of Fish and Game or ! US Fish and Wildlife Service? [5,10,27,44] I ! I I c) Have a substantial adverse effect on ~ I 0 0 0 I I federally protected wetlands as defined by I I ! Section 404 of the Clean Water Act I (including, but not limited to, marsh, vernal lJ---- )) i i >...... r::- 0 r::..... i - r:: r:: r:: :;::; r:: i -CIS..... CIS CIS 0 ro roro- ..... .!::! (,) (,) .r:: (,) .r:: .- r- .r:: (,) (,) (,) I ISSUES: ......- ~ 1-l;::.....1ao I- .- ro o ro r:::= Ulo-'3: C)00 Ul:= a. zOo I , [and Supporting Information Sources] Q) r:: E Ul r:: .- r- Ul r:: E E '0 .!2l- Q) C) .:!: 0 Q) .!2l- I ...J .- :2: (,) - i a..cn rn r:: ...Jcn I - ! pool, coastal, etc.) through direct removal, I filling, hydrological interruption, or other ! means? [20,36,44] d) Interfere substantially with the movement 0 0 0 J&... of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? [5,10,12,21,26] i ~ Ie) Conflict with any local policies or 0 0 0 I ordinances protecting biological resources, I such as a tree preservation policy or I ordinance? [11,12,41] f) Conflict with the provisions of an adopted I Habitat Conservation Plan, Natural 0 0 0 ~ Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [5,10,26,27] I I V. CUl rURAL RESOURCES -- Would the I project: I I 0 .M I a) Cause a substantial adverse change in 0 0 I i the significance of a historical resource as . ! defined in ~15064.5? [5,13,41] b) Cause a substantial adverse change in 0 0 0 Er I the significance of an archaeological i resource pursuant to ~15064.5? [5,13,41] c) Directly or indirectly destroy a unique 0 0 0 J8 paleontological resource or site or unique geologic feature? [5,13,41] I I d) Disturb any human remains, including 0 0 0 )!l I those interred outside of formal cemeteries? [1,5] VI. GEOLOGY AND SOilS - Would the project: a) Expose people or structures to potential I substantial adverse effects, including the risk of loss, injury, or death involving: I i) Rupture of a known earthquake fault, as 0 0 0 Bt I delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the I IJ-~ I , I C _ 0 ! >>- c- i -C C C:;; C I -I'll- I'll I'll 0 I'll I'll I'll- - I ISSUES: .~ u u .c u .c .- ~ .cuU u -.- a I-~~~O I- .- I'll o I'll c:t: 1Il'- 3: C) 0.. 1Il:t: 0.. zo.. I [and Supporting Information Sources] Q) c E IIlC ._~ III C E E c5.~ - Q)C) ~o Q) .~- - I ...J .- 2 u I a.. en en c ...Jen - ! I State Geologist for the area or based on I other substantial evidence of a known fault? 1 Refer to Division of Mines and Geology I Special Publication 42. [2,14,44] ii) Strong seismic ground shaking? 0 0 0 fiif, I [2,5,10,44] iii) Seismic-related ground failure, including 0 0 0 R liquefaction? [2,5,10,39,44] i i iv) Landslides? [2,5,10,39,44] 0 0 0 I& I I b) Result in substantial soil erosion or the 0 0 0 }Sa 1 loss of topsoil? [2,5,10,44] I c) Be located on a geologic unit or soil that is 0 0 0 ~ I unstable, or that would become unstable as I a result of the project, and potentially result ' , I in on- or off-site landslide, lateral spreading, ! subsidence, liquefaction or collapse? I [2,5,10,39] I d) Be located on expansive soil, as defined 0 0 0 R ! in Table 18-1-B of the Uniform Building Code I (1997), creating substantial risks to life or ! property? [2,5,10] i I I e) Have soils incapable of adequately 0 0 0 "~ I supporting the use of septic tanks or I alternative waste water disposal systems ! where sewers are not available for the ! I disposal of waste water? [6,9,36,39] 1 I VII. HAZARDS AND HAZARDOUS I i MATERIALS - Would the project: I I i I a) Create a significant hazard to the public or 0 0 0 ~ I I the environment through the routine I transport, use, or disposal of hazardous I I materials? [32,40,42,43,44] I I b) Create a significant hazard to the public or 0 0 0 ~ I I the environment through reasonably ! foreseeable upset and accident conditions ! involving the release of hazardous materials I into the environment? [32,40,42,43,44] I I c) Emit hazardous emissions or handle 0 0 0 tsa:. 1 hazardous or acutely hazardous materials, i substances, or waste within one-quarter mile I,f -)7 I >.- 0 c- I I -c c ~ c :;:::; C -lU- lU lU 0 lU lUlU- - .!!! (.) (.) J:: (.) .- I.. J::(.)(') (.) ISSUES: -.- a 1-lt::5~o 1-.- lU o lU c:!:: II) .- .~ C'l c.. II) :!:: c.. zc.. [and Supporting Information Sources] Q) C E II) C .- I.. II) C E E o.~- Q)C'l :t:::o Q) .~- ...J .- ::2: (.) - I a.. en en C ...Jen - I of an existing or proposed school? [2,29,30,40,44] I d) Be located on a site which is included on a 0 0 0 ~ jlist of hazardous materials sites compiled I pursuant to Government Code Section i 65962.5 and, as a result, would it create a significant hazard to the public or the I I environment? [2,42,40,43] I ! e) For a project located within an airport land 0 0 0 ~ ! use plan or, where such a plan has not been I adopted, within two miles of a public airport I or public use airport, would the project result I in a safety hazard for people residing or ! working in the project area? [ ] I I f) For a project within the vicinity of a private 0 0 0 -zt I airstrip, would the project result in a safety hazard for people residing or working in the , I project area? [ ] I g) Impair implementation of or physically 0 0 0 ~ ! interfere with an adopted emergency I response plan or emergency evacuation i plan? [2,32,33,44] I I h) Expose people or structures to a 0 0 0 ~ significant risk of loss, injury or death I involving wildland fires, including where wildlands are adjacent to urbanized areas or I where residences are intermixed with i wildlands?[1 ,2,44] I VIII. HYDROLOGY AND WATER QUALITY 1-- Would the project: I I a) Violate any water quality standards or 0 0 0 :SI waste discharge requirements? [20,36,37] i $l. I b) Substantially deplete groundwater 0 0 0 1 supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? [20,36,42] I ; I~-)! I s::- 0 >o- s::- -s:: s:: s:: .. s:: -1tS- ItS ItS 0 ItS ItS 1tS- - .~ u u ..s:: u ..s::'- I.. ..s::uU u ISSUES: -.- ~ I- .- _ 10 0 I- .- ItS o ItS s:::t: III :t: .~ C) C. III :t: C. zc. [and Supporting Information Sources] Q) s:: E III C .- I.. III C E E c5.~ - Q)C) ~o Q) .~- - Q..f/) ...I .- ::E U ...If/) f/) s:: - c) Substantially alter the existing drainage 0 0 0 J8l pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion of siltation on- or off-site? I i [14, 20,36] I d) Substantially alter the existing drainage 0 0 0 ~ pattern of the site or area, including through I the alteration of the course of a stream or I river, or substantially increase the rate or , I amount of surface runoff in a mann,er which I would result in flooding on- or off-site I [20,36,38] Ie) Create or contribute runoff water which 0 0 0 N. I would exceed the capacity of existing or I planned stormwater drainage systems or i provide substantial additional sources of I polluted runoff? [20,36,42] f) Otherwise substantially degrade water 0 0 0 ~ quality? [20,36,37] g) Place housing within a 1 OO-year flood 0 0 0 1& I hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate I Map or other flood hazard delineation map? i [2,38] I h) Place within a 100-year flood hazard area 0 0 0 .kl I structures which would impede or redirect I flood flows? [2,38] I i) Expose people or structures to a significant .1& i 0 0 .0 I I \ risk of loss, injury or death involving flooding, I including flooding as a result of the failure of I i a levee or dam? [2,36,38] I I j) Inundation by seiche, tsunami. or 0 0 0 $(J I , mudflow? [2,36,38] I I I I IX. LAND USE AND PLANNING - Would I the project: I I a) Physically divide an established I 0 0 0 JZ\ ! I community? [7,12,22,41] I I b) Conflict with any applicable land use plan, 0 0 0 Dl i i I i policy, or regulation of an agency with I [ J' ~)q - I >-- 0 c- - c Cc C:;; C I -ns- ns ns 0 ns nsns- - .~ 0 0 .c 0 .c'- L.. .cOO 0 ISSUES: -.- ~ ....;o:_1aO .... .- ns o ns C:!:: l/)'-'~ C)O- l/) :!:: C. ZO- [and Supporting Information Sources] Q,l C E l/) C .- L.. l/) C E E '0.2>- Q,lC) ~o Q,l .2>- - ..J .- 2: 0 a.tIJ tIJ C ..JtIJ - jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) I adopted for the purpose of avoiding or mitigating an environmental effect? I [1,7,8,16,17,18,44] c) Conflict with any applicable habitat 0 0 0 ,,- ~ conservation plan or natural community conservation plan? [1,5,6,9,26] X. MINERAL RESOURCES -- Would the I I project: a) Result in the loss of availability of a known 0 0 0 J7{ I mineral resource that would be of value to the region and the residents of the state? I [5,10] I I I b) Result in the loss of availability of a 0 0 0 YJ:" locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? [5,10] XI. NOISE -- Would the project result in: a) Exposure of persons to, or generation of, 0 0 0 Y!-. I noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? [8,18,44] b) Exposure of persons to or generation of 0 0 0 ~ excessive ground borne vibration or i groundborne noise levels? [8,18,44] I c) A substantial permanent increase in 0 0 0 ~ ambient noise levels in the project vicinity above levels existing without the project? [8,18] d) A substantial temporary or periodic 0 0 0 ~ I increase in ambient noise levels in the I project vicinity above levels existing without I the project? [8,18,44] e) For a project located within an airport land 0 0 0 JE.. use plan or, where such a plan has not been adopted, within two miles of a public airport I or public use airport, would the project I expose people residing or working in the I -.--J 1 J -&0 I >.- r;:- 0 s::- 1 s:: s:: .. I -s:: s:: -CO- CO CO 0 CO co CO- - .! 0 0 ..c:: O..c::'- ... ..c::OO 0 ISSUES: -.- ~ ~.-_1Uo ~.- co o co s:::t: lfj :t: "3: C) c. lfj:t: C. zc. [and Supporting Information Sources] Q) s:: E lfj s:: .-... lfj s:: E E 15 .2'- Q)C) ~o Q) .2'- - ...J .- :2 0 0. V) V) s:: ...JV) i - project area to excessive noise levels? [8,18,44] f) For a project within the vicinity of a private 0 0 0 ~ airstrip, would the project expose people residing or working in the project area to I excessive noise levels? [8,18] I XII. POPULATION AND HOUSING -- Would I the project: r a) Induce substantial population growth in an 0 0 0 R I I area, either directly (for example, by \ proposing new homes and businesses) or I , indirectly (for example, through extension of I roads or other infrastructure)? [3,16,47,44] b) Displace substantial numbers of existing 0 0 0 D\ housing, necessitating the construction of replacement housing elsewhere? [3,16,44] I c) Displace substantial numbers of people, 0 0 0 la; necessitating the construction of replacement housing elsewhere? [3,16,44] XIII. PUBLIC SERVICES I a) Would the project result in substantial I adverse physical impacts associated with the I provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant I environmental impacts, in order to maintain I I acceptable service ratios, response times or other performance objectives for any of the I I public services: I r Fire protection? [19,32,44] 0 0 0 Ji(f I Police protection? [33,44] 0 0 0 14- 1 I ~ I ! Schools? [29,30,44] 0 0 0 I Parks? [5,17,19,21,26,27,44] 0 0 0 ~ Other public facilities? [19,20,44] 0 0 0 ~ 1 i I XIV. RECREATION-- I a) Would the project increase the use of 0 0 0 ~ i existing neighborhood and regional parks or I t,-(P ( I 0 I I >..... c C c ;:; c.... _c c ! -CO.... CO CO 0 CO COCO.... .... I I ISSUES: .~ 0 0 ..c o..c'- I- ..cOO 0 .....- a I- .- .... 1a 0 1-.- CO o CO I I r::~ tJl ~ .~ tn c.. tJl ~ c.. zc.. I I [and Supporting Information Sources] CI) C E tJl C .- I- tJl C E E I 15.~ - (1)tn ~o Q) .~- - a..cn -' .- :2: 0 -'en i en C I - I other recreational facilities such that [ substantial physical deterioration of the I facility would occur or be accelerated? [5,17,19,21,26,27,44] I b) Does the project include recreational 0 0 0 ~ facilities or require the construction or I expansion of recreational facilities which i might have an adverse physical effect on the environment? [5,44] XV. TRANSPORTATIONITRAFFIC -- I Would the project: a) Cause an increase in traffic which is 0 0 ~ 0 I substantial in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to I capacity ratio on roads, or congestion at intersections)? [4,20,35,44] i b) Exceed, either individually or cumulatively, 0 0 0 ~ i a level of service standard established by the , .. I county congestion management agency for ! designated roads or highways? [4,20,44] ! I c) Result in a change in air traffic patterns, 0 0 0 ~ 1 including either an increase in traffic levels or I a change in location that results in I substantial safety risks? [4,?] d) Substantially increase hazards due to a 0 0 0 .~ design feature (e.g., sharp curves or ./ d.angerous intersections) or incompatible uses (e.g., farm equipment)? [20,35,44] I i Ie) Result in inadequate emergency access? 0 0 0 )4 I I [2,19,32,33,44] i i I f) Result in inadequate parking capacity? 0 0 fll D ! [17,44] I g) Conflict with adopted policies, plans, or 0 0 0 ftl programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? [4,34] XVI. UTILITIES AND SERVICE SYSTEMS - i I Would the project: I I (' J--(P,L I >.- c- 0 c- I - c c c .. c -CG.... CG CG 0 CG CGCG- - I ISSUES: .~ 0 0 ~ 0 .- I- ~oo 0 _._ cu ~~:51Uo ~.- CG o CG c~ ~ 11)'-'3: C)c. II) ~ c. zc. [and Supporting Information Sources] Q) C E II) C .- l- II) C E E (5.~ - Q)C) ~o Q) .~- ...J .- 2 0 - a. en en C ...Jen - a) Exceed wastewater treatment 0 0 0 ~ requirements of the applicable Regional Water Quality Control Board? [5,22,28,36,44] b) Require or result in the construction of 0 0 0 1J. new water or wastewater treatment facilities , or expansion of existing facilities, the I construction of which could cause significant I environmental effects? [36,22,28,36] I c) Require or result in the construction of 0 0 0 }{ new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [5,22,28,36,44] e) Result in a determination by the 0 0 0 ;oQ wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected ! demand in addition to the provider's existing I commitments? [5,22,28,36,44] , I f) Be served by a landfill with sufficient 0 0 0 Bt permitted capacity to accommodate the project's solid waste disposal needs? [?] I I g) Comply with federal, state, and local 0 0 0 ~ I statutes and regulations related to solid ; I waste? [?] / J --fp 3 I a) Does the project have the potential to 0 0 0 Q degrade the quality of the environment, I substantially reduce the habitat of a fish or I wildlife species, cause a fish or wildlife population to drop below self-sustaining I levels, threaten to eliminate a plant or animal i community, reduce the number or restrict the I range of a rare or endangered plant or i animal or eliminate important examples of the major periods of California history or prehistory? 0 b) Does the project have impacts that are 0 0 0 Kl. I individually limited, but cumulatively i considerable? ("Cumulatively I considerable" means that the incremental I effects of a project are considerable when ! viewed in connection with the effects of past I projects, the effects of other current projects, , and the effects of probable future projects)? 10 I I I c) Does the project have environmental 0 0 0 g ,/, I effects which will cause substantial adverse effects on human beings, either directly or I indirectly? 0 I hereby certify that the information provided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence in responding accurately to all questions herein, and have consulted appropriate source references when necessary to ensure full and complete disclosure of relevant environmental data. I hereby acknowledge than any substantial errors dated within this Initial Study may cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance. C~.:b) . Preparer's Signature V'~ ~ / i 0 Print Preparer's Name G \ \~ (/~fu I'!)f ~ (J ~& <-t ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 0 Aesthetics 0 Agriculture Resources 0 Air Quality ~ Biological Resources 0 Cultural Resources 0 Geology ISoils 0 Hazards & Hazardous 0 Hydrology I Water 0 Land Use I Planning Materials Quality 0 Mineral Resources 0 Noise 0 Population I Housing 0 Public Services 0 Recreation .3- TransportationlT raffle 0 Utilities I Service 0 Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: o The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. o Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. o The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. o The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. o Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. b /1'1 Jo~ Date I I b /r Lilt) b Date ( I (6 ---~5 Page 1 of 1 Et~ ~~ '0 'i .t-: fj Colin Jung From: Larry Cannon [cdgplan@pacbell.net] Sent: Monday, May 15, 20066:36 PM To: Colin Jung Subject: De Anza Blvd Colin Here are a few thoughts. 1. Having at entry at the De Anza / Mariani comer would be difficult for the internal leasing of the first floor (e.g., corridors to the elevator lobby), but I think an entry to De Anza should be added. Note that on my diagram, I placed only modest lobbies at each side - I also widened the corridor in front of the elevators (it seems rather too small now) 2. The major thrust of what I showed was to increase the amount of solid wall area and give the building a largely horizontal format which is common along the Boulevard. I'm not sure what materials are proposed - it appears to be brick and some other solid material. What material to use where is something that should be looked at after the architect makes some changes. 3. Deep setting the ground floor windows and adding some columns would give the building more of a base. 4. Intensifying the use of projecting eyebrows would also add more of a horizontal form to the building, and relate lower floors to the strong eyebrow proposed at the very top. 5. Some vertical window elements would help to provide visual balance to the design. 6. The garage circulation (auto and pedestrian) seems to have some issues as noted on the diagram. That's it for now - let me know if I can do anything else. 1,J~&b 6/7/2006 h ,- ~..,.-" ;--".'--;---' b ,. , . PARKING DECK , . . '" " .! I :-- i. I ;. I ,--~~ , ., ~ I'. ~." " :1 ) JC5t~ , ",-,' 8'''~ , ~.. " L __u__.____:__~_ Unclear how this stair is accessed - ...:..,. ---"':'__..--',"::i":' GARAGE UPPER LEVEL ~~ ."(~fl(I.f~ MARIANI AVENUE' JI(-:~~ ~ ,- , - - ;-:; - - ...::'" .' '-_0 -. -, -. :.' n---------: ,), ~i ,;:1-;;"tl -!O",:4 ,".,. . Awkward access to entry .:,_--:-:_-'-u . 7-." ~_;u_:_-=------, -.c: Consider pedestrian walkway ~. .. 'n. """'n.. ';' ~(Q . 11 HC I _t " ~--~- 117 STALLS '.0" '.0 11 0 '\1_0. ,a-o' ~ ~ , , o II . ;~ ~'-o. P"".,[ c:i .....(o;lT'! > oJ III . ----.------.--------.----. . ;5 , z ,.- I :~ CI, I : ,-0 5f I ~ " J: V---- ~.:~ . : i ~ : t \ ~ _.'/' ! , , ~ - . : .~-:~-:-~\~~~:_~_.::-:~ _>-;L:_::TS_~~=:-:-~~'.,..~~:-:..:'7J Add entry from De Anza Blvd. ~~: .._.._--~ ~------------- ~ . .....(." e": I _ i , 'I -, ;..';., L c -;~<c ---~..~ - - .:...: - 7 J ,. GARAGE GROUND LEVEL This seems awkward. When one gets to end, there is no option but to go up the ramp Consider eliminating spaces to allow turn as indicated by the red arrow GROUND LEVEL FLOOR PLAN Continue solid wall theme at all spandrels except for occasional vertical wall glass emphasis - - - - i Continue window eyebrows : . i I ----______1 Add columns and deep set windows on ground floor Add entry DE ANZA BLVD. ELEVATION Comments and Suggested Changes 10495 DE ANZA BLVD Cupertino CANNON DESIGN GROUP May 15, 2006 l { -t '7 Office building across Mariani Comments and Suggested Changes 10495 DE ANZA BLVD Cupertino CANNON DESIGN GROUP May 15, 2006 _>t..4.......~ Office building next door EXAMPLES OF OTHER OFFICE BUILDINGS ON DE ANZA BLVD. f ~ '1oJ ~)JJ 1Y~l~~!;J:~~j~~Pr -'.- ..~.,,' ,0.'.'- ., ,. ,.. , . . ....', ...,.... ..,~, ASCA Re istered Consultin Arborist #401 ISA Certified Arborist #WC-3172 Tree assessment and recommendations for the redevelopment project proposed at 10495 North de Anza Cupertino, California Prepared for: Sand Hill Propert~ Company 30 East 4t St. San Mateo, CA Site Visits: Walter Levison 1/28/06, 2/9/06, 5/8/06 Report: Walter Levison 5/12/06 Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 1 of 31 I J -& II ~)~ ~~l~~~N~~~ig~R A\. ~~ ASCA Reoistered Consulting Arborist #401 ISA Certified Arborist #WC-3172 Table of Contents Secuon Page 1.0 Assignment ___________________________3 2.0 Protected Trees ___________________________ 3 3.0 Observations and Discussion ______________________ 4 4.0 Recommendations 9 5.0 Consultant's Qualifications 15 6.0 Tree Vendors 16 7.0 Assumptions and Limiting Conditions _______________ 17 8.0 Certification 18 9.0 Tree Charts 19 10.0 Tree Map (use scale bar to scale off this sheet)_________ 27 11.0 Photographs _________________________28 Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 2 of 31 (5 -76 ~)b Walter Levison r CONSULTING ARBORIST AX ~~~ ASCA Reqistered Consulting Arborist #401 ISA Certified Arborist #WC-3172 1.0 Assignment I was requested by Sand Hill Property Company of San Mateo, California to assess all existing trees measuring 4-inches diameter and greater located at 10495 North de Anza in Cupertino, California, and prepare a written arborist report detailing the health and structural condition of the trees in both data chart and paragraph format. Trees measuring less than 4-inches diameter were not assessed. The purpose of this report is to provide project team members with documentation which will help determine the preservation suitability and impact mitigation possibilities for site trees. This information is based on the author's field assessment of the trees' health and structural attributes. The goal of this report is to retain tree(s) in good condition that will complement the proposed site plan and landscape plan and are not in direct conflict with proposed site plan activity footprints. All trees noted in this report were tagged with aluminum tags numbering "1" through "58" at 5-7 feet above grade by the author, and are noted on the tree location map scan in this report. I recorded numerous field notes during my various site visits. This information on site trees is compiled in the tree charts below, and expanded with further detail in the observations and discussion section of the report. Tree diameter was measured using a forester's D-tape which converts circumference to diameter inches and tenths of inches. Tree height was determined either by visual estimation or by using a tangent tree height gauge. Canopy diameter was measured using a tape measure, or in some cases, paced off. Recommendations for various actions are outlined in the recommendations section. Photographs of site trees are located at the end of this report. 2.0 Protected Trees The City of Cupertino, California regulates the removal of the following privately-owned trees as "specimen trees": . Oaks, California buckeyes measuring 10 inches or greater (single trunk) or 20 inches or greater (multi trunk) at 4.5-feet above grade. . Big leaf maples measuring 12 inches or greater (single trunk) or 25 inches or greater (multi trunk) at 4.5-feet above grade. . Deodar cedars and blue atlas cedars measuring 12 inches or greater (single trunk) or 25 inches or greater (multi trunk) at 4.5-feet above grade. Site Address: 10495 North de Anza, Cupertino Version 5/12/06 Walter Levison @AII Rights Reserved Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 3 of 31 (j-l( ~)~ ~~~~~~NH~ig~m ,,\. ~rA ......., ".,.--.\..'" ,. ".". A,.,~ ..'bO' ASCA Reqistered Consultinq Arborist #401 ISA Certified Arborist #WC-3172 A City of Cupertino tree removal permit is required before any "specimen tree" can be removed. Deodar cedars #1 and #2 are "specimen trees" as per the above City of Cupertino definition. 3.0 Observations and Discussion a) Site Overview: An existing building is situated on the east side of the property, and is proposed to be demolished. A new office building is proposed to be constructed in approximately the same location as the existing structure, and will accommodate retention of most of the canopy dripline of heritage cedar #2 and coast redwood #5. A number of smaller coast redwoods are scattered throughout this eastern portion of the site, and appear to be located such that they can be retained if proper chain link tree protection fencing, wood chip mulching, and temporary irrigation measures are installed. Heritage cedar #1, alder #6, Iiquidambars #36 and #39, and coast redwoods #37 and #38 are to be removed due to building footprint conflicts, and parking reconfigurations. A large number of ash trees which appear to be Fraxinus 'Modesto' (tree #11 through tree #27) are located just south of the southern border of the property (see map) approximately 4-6 linear feet south of the existing wooden fence. These trees are being negatively affected by foliar anthracnose which causes symptoms such as leaf bum and deformation. Trees #11 through #18 are being heavily irrigated by the neighboring property irrigation system (good), and have extensive surface rooting in the southerly direction toward turfgrass and other landscaping (see photos). Trees #19 through #27 are parking lot trees that extend out over the parking stalls both on the neighboring property to the south and northward (see photos). The trees appear to be owned by the neighbor, as the trunk locations are actually south of the existing site plan area. Some of the trees may be impacted by the proposed ramp installation. Coast redwoods #28 through #32 are located alongside the existing acupuncture office building that is outside the proposed site plan area, and can be retained as long as no impacts occur other than scarification and resurfacing of the existing asphalt parking lot. Coast redwoods #33 through #42 and #47 through #50 are located within the existing parking lot of 10495 North de Anza, and are to be demolished to accommodate a proposed parking structure. Border coast redwoods #43 through #46, #51, #57, and #58 on the north most edge of the site are to be retained. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 4 of 31 {ff-72- ~))J 1'Y~!~~~NH~Big~m A\ ~}~ ASCA Reaistered Consultina Arborist #401 ISA Certified Arborist #WC-3172 Coast redwoods #54, 55, and #56 are to be removed to to their close proximity to the proposed building footprint. Side Note: Overview of Coast Redwood (Sequoia sempervirens) Redwoods are not native to the Santa Clara Valley, but rather to the fog belt area such as the Santa Cruz Mountains just west of the site location. In natural settings, the trees become drought stressed unless soil moisture is supplemented with summer fog. (US Forest Service Tree Database). Barrie Coate, the contract city arborist for the City of Cupertino, prepared an article in 2001 (Western Arborist 27:3) entitled "Can We Afford Our Coast Redwoods?" in which the water requirements of this species were made apparent: .coast redwood trees require more water than most other trees to remain healthy.. .20 gallons of water per 1-inch of trunk diameter (DBH) on a monthly basis, year round.' Mr. Coate discusses the tree's attributes such as an extremely fast growth rate (up to 5 feet per year), and an ever increasing water demand year after year as the tree outgrows its planting space and becomes drought stressed when trunk diameter surpasses 18-inches unless given the proper volumes of water as noted above. According to this article, we should be wary of utilizing such a large tree in areas where the site space is too narrow to support the growth of a very large canopy, and sites where irrigation cannot be adequately managed to account for ever increasing (and expensive) water use as the tree increases in size. The US Forest Service database confirms a very fast growth rate for this species. After they are 4-10 years of age, coast redwoods can grow up to 6-feet or more per year (USFS). Radial trunk growth rate of this species differs from site to site. In the Cupertino area, I would expect irrigated trees the size of specimens #3 and #4 to be about 15-20 years old. The author assumes tree #5 was planted in approximately 1973 (the assumed year the existing building was constructed), making this 47-inch diameter specimen only 33 years old. In terms of their 1000-year plus potential lifespan in natural settings, these trees are relative newborns or teenagers. Yet, in irrigated landscape settings such as golf courses, we would expect to see a lifespan of maybe 100 years (Coate, 2005, Western Arbarist). b) Impacts and Protection Issues: Heritage Cedars #1 and #2 Cedar #1 is in direct conflict with the proposed site plan, and is currently planned for removal. It is a large specimen in fair condition (see data above). Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the Intemational Society of Arboriculture 5 of 31 It -7 J ~)~ ~~1~~L~~~i~~R 1\\ ~~~ ASCA Reaistered Consulting Arborist #401 ISA Certified Arborist #WC-3172 The tree has been "lion-tailed": a form of pruning that does not conform to ANSI- A300 U.S. pruning standards and strips the inner foliage out of the tree. The result is that radial growth of limbs is stunted except for the end portions of the limbs where remaining foliage photosynthesizes and causes growth, excessive end-weight, and a disproportionate increase in limb girth. This tree has one very large diameter limb arising at 4.5-feet above grade which bends vertically to become a large (25% or so) portion of the total canopy. Normally, limbs of this size in relation to the parent stem are removed to reduce the potential for a trunk splitout, but in this case removal of the limb would remove too large a percentage of the remaining live canopy. It appears the apical meristem (uppermost vertical growth stem) may have been pruned out, though this was not confirmed. If so, this would constitute topping, and will downgrade the structural rating further than that noted. Cedar #1 root elongation and expansion is causing significant asphalt cracking and heaving out to 15-linear feet from the trunk edge. The elevations of woody structural roots are not known, as most of the root system is located below existing parking lot asphalt. Cedar #2 is a large deodar cedar specimen also in fair condition (see charts above). Tree #2 basically exhibits the same canopy size, structure, and health and structural attributes as tree #1. In this case, a large 20-inch diameter limb arises at approximately breast height, extends horizontally for some length, and bends vertically to comprise 20-30% of the total live canopy of the tree. The tree has been lion-tailed to remove inner foliage throughout the canopy. Limbs of this size in relation to the main stem are typically removed to avoid a structural failure, though again, in this case, removal of the limb would result in too large a percentage of the live canopy being removed. The mainstem does fork into two codominant stems at approximately 35-feet above grade. These two stems appear to be somewhat fused together, though through-bolt bracing might be a prudent maintenance option that would reduce the likelihood of this very narrow crotch splitting apart. An arborist can evaluate this situation further through use of a bucket truck. Heritage deodar cedar #2 will be retained using a chain link tree protection fence that will be approximately 22-feet in radius, allowing for creation of construction corridors of 3-5 feet in width between the proposed building footprint and the chain link fencing. The critical root zone for this tree is 30-feet of radial protection with no impacts such as digging or trenching into the existing subgrade (see item 'c' below). In my experience on Bay Area projects throughout the past 8 years, it is almost impossible to attain the CRZ distances as noted in Matheny, and partial CRZ chain link protection is adequate in most cases as long as impacts such as landscaping, drain line trenching, and irrigation trenching are rerouted to outside the fenced off areas. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 6 of 31 / j ~ 7~ ~))J 1'Y~l~~,r;N~~~ig~n ,,\ ~~~ .....,............ .".,,, ASCA Reaistered Consultina Arborist #401 ISA Certified Arborist #WC-3172 Tree #2 preservation will require special demolition specifications in addition to the standard fencing, mulching, fertilization, and temporary irrigation measures, given that it has existing concrete curb and asphalt parking lot surface materials inside the dripline that are presumably to be demolished. Demolition of these materials within the dripline can be phased to the very end of the site plan project so that root zone desiccation and other negative impacts are minimized or eliminated during construction. Redwoods #3, #4, and #5 These three trees may have been drought stressed for some time, as the property has been vacant and recently sold, indicating a potential for the irrigation system to have been shut down for possibly one year or more (not confirmed). Given the trend toward drought tolerant trees and water wise landscaping (East Bay Municipal Utility District landscaping publications, etc.) it may be prudent to reduce the number of redwoods at this site for water conservation purposes. None of these three coast redwood trees are considered "specimen trees" by Cupertino definition (see City of Cupertino website). None of the three redwoods are transplantable in my opinion. Tree #3 is in fair condition and is located near a landscape swale which would allow for a quick move, though the tree appears drought stressed with poor to moderate twig density and sparse branching. Tree #4 is in good overall condition, but has the problem of a potentially deflected root system (personal observation) which could result in structural instability and hazard if transplanted. Also, the trunk diameter is over 20- inches at 4.5-feet above grade, potentially making it too large to successfully move (personal communication, Tree Movers of Mountain View, 2/9/06). Tree #5 is far too large in diameter to move. The tree is in fair overall condition (see above charts). Fortunately, tree brokers such as the local Tree Movers of Mountain View have specimen redwoods and hundreds of other species on site available. A check of their website on 1/19/06 revealed a number of large size coast redwoods available ranging from 20 to 28-feet in height, most of which are already contained in 48-inch diameter box wood containers and ready to ship from Mountain View (www.treemovers.com). These large trees range from 6" to 9" trunk diameter. After only a 1-2 year establishment period, these trees should perform with very fast growth if coast redwoods are to be required as the mitigation planting "conditions of approval" for this site plan project. Due to its very heavy irrigation requirement and large landscape space requirement, other species should be used for new landscaping at this site. Other Redwoods Redwoods in the east portion of the site (trees #3, 4, 5, 7, 8, 9, 10) can be protected using chain link tree protection fencing, trunk buffers, wood chip mulching, temporary irrigation, and possibly fertilization. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 7 of 31 l ff-') ) ~)~ ~~1~~I,N~~cYi~,,~m 1\\ ~~A ......." A',', ;,..." . . ..". ..~... ....-. ASCA Registered Consultina Arborist #401 ISA Certified Arborist #WC-3172 Other redwoods to be retained on the north side of the site can be protected using chain link fencing and trunk buffers as applicable (trees #43, 44, 45, 46, 51, and #58). Tree #58 will need special demolition specifications due to the existing curb and parking lot materials that will be removed from near the trunk edge (see photos). Redwood #9 in the southwest comer of the site is probably receiving some irrigation from the neighbor's landscaping to the south, and from a water leak that was present during my site survey in May, 2006. These water sources may help mitigate root loss during construction. Ash Trees Trees #11 through #18 are going to be irrigated continuously by the neighbor's property landscape irrigation system. This irrigation may partially mitigate damages to the trees' root systems that is expected to occur on the north side of the trunks during site plan development at 10495 North de Anza at possibly only a few feet north of the existing wood fenceline. Fencing off of the root systems at 4-6 feet north of the existing property fenceline would mitigate some root damages, though the linear distance of root retention typically required under industry standard of care is usually greater than the +/- 8-10 linear feet of root system that could possibly be retained on the north sides of the trees. Ash trees #19 through #24 appear to be potentially impacted by parking structure ramp work in the southwest quadrant of the property (see map). However, the neighboring site parking lot grade in which the trees are planted is slightly higher than the 10495 North de Anza parking lot grade. Therefore, the root systems of these trees may actually be preserved during ramp construction north of the trees (not confirmed). c) Critical Root Zones (CR"Z): As calculated using Matheny and Clark's Trees and Develooment, coast redwood #5 has a CRZ of about 31-linear feet out from trunk which would be required to be protected as a "no dig zone". Given that the existing building is no more than approximately 15-feet out from the trunk edge of the tree, there is probably no possibility of the root system extending beyond that linear distance out from trunk. Therefore, the tree should be protected with chain link fencing at about 14-15 feet out from trunk in a full perimeter that will be +/- 30-feet in total diameter. On an unrelated note, this distance is well beyond the required minimum root plate radius to avoid soil shear failure as per Mattheck's The Body LanQuaQe of Trees. d) Utility Impacts: A utility plan has not yet been reviewed by the author. Therefore, I cannot comment on potential root loss from utility trenches. Use of a joint trench or "JT" to bundle multiple utilities into a single trench outside the chain link tree protection zones will help minimize impacts to site trees being retained. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborisls and Member of the International Society of Arboriculture 8 of 31 l3 -7(0 ~)~ ~~l~~~NHyj~~R A\ ~~~ ASCA Reqistered Consultinq Arborist #401 ISA Certified Arborist #WC-3172 A lighting plan was also not reviewed as part of this assignment. The use of landscape lighting (if any) involves either 11 OV or low voltage wires or both. Conduits for 110V systems are buried at depths between 18" below grade and 6" BG, depending on whether one goes with rigid steel conduit or PVC conduit (personal communication, two separate landscape electrical contractors, 3/06). The rigid material can be buried at only 6" BG spec depth, which allows for better tree root retention, given that most trees in the Bay Area clay soils root mainly in the uppermost 18-inches of the soil profile, with greatest concentration in the upper 12- inches between zero and 12-inches below grade. Low voltage systems can be buried at between zero and 6-inches below grade, depending on the intensity of site traffic. On low traffic residential sites, low voltage wires can be buried at just below grade or below a layer or wood chips or other mulch, allowing for almost 100% tree root preservation. The author recommends use of this rigid conduit or low voltage lighting wiring systems only in order to minimize trenching depths. e) Landscapinq and Irriqation Trenchinq Impacts: Installation of PVC and other irrigation lines (trenching) during new landscape development is often the single most damaging item to existing trees out of all the impacts in a site plan project. The author has not reviewed a landscape plan or irrigation plan for this site. Therefore, the impacts are unknown at the time of writing. 4.0 Recommendations The following shall be included in the final stamped building set of plans as applicable: 1. Items to be completed before demolition and grading are initiated at this site: a) PROJECT ARBORIST: Owner shall retain an ASCA registered consulting arborist or an ISA certified arborist to act as the official "project arborist", overseeing initial implementation of the tree protection and maintenance recommendations for the pre-demolition period. and providing on-going monitoring of irrigation, tree protection, and other items noted in the recommendations section of the arborist report. b) GRADING & DRAINAGE PLAN / UTILITY PLAN / LANDSCAPE PLAN / IRRIGATION PLAN / LIGHTING PLAN / DOWNSPOUT DRAIN LINE REVIEW: The Project Arborist shall be given access to the above proposed conceptual plan sheets for review as applicable before the project plan set is finalized or approved by the City of Cupertino. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 9 of 31 18--17 ~)~ ~~l~~r.N~~~i~~R ,,\. ~~~ ASCA Reqistered Consultino Arborist #401 ISA Certified Arborist #WC-3172 . LANDSCAPE LIGHTING ROUTES (if applicable): Keep all wiring conduits at least 15-20 linear feet out from the trunk edge of any tree being retained on site unless approved by the Project Arborist. Alternatively, use only "direct burial" low voltage type wiring placed on or no deeper than 3-inches below existing grades within driplines of trees being retained. . LANDSCAPE PLAN: If the areas inside the TPZs absolutely must be landscaped (not recommended), the Project Arborist shall work with the project landscape architect to minimize irrigation and planting development within the driplines of trees being retained on site, especially cedar #2 and redwoods #3, 4, 5, 9, and #10 along the North de Anza side of the site. c) TPZ FENCE: Install 6-foot high chain link fencing on 8-foot high 2" diameter iron tube posts driven 24-inches into the ground at locations noted below. Posts must be mounted no farther than 6-feet on center. The areas inside these zones shall be known as Tree Protection Zones (TPZ) or root protection zones (RPZ): A small 12-wide gap or "door" should be left open in each fencing perimeter so that the Project Arborist and tree care company personnel can enter the TPZs without ripping the fencing down. Tree # Radial distance from fence to tree trunk edae. 2 22-ft on all sides 3 15-20 ft on all sides 4 15-ft north and east sides, 10-ft west side, and a few feet on the south side 5 14-ft or more on all sides 7 10-ft, all sides 8 1 O-ft, all sides 9 15-ft out alona north side 10 10-feet out alona north side 11 through Create a single route of fencing at 3-5 linear 18 feet north of the existing southern property boundary fenceline, if possible. 19 through (Can use trunk buffers or chain link fencing). 27 28 through (Can use trunk buffers or chain link fencing). 32 43 through Fencing locations to be determined on site by 46 Proiect Arborist and contractor team. 51 Fencing locations to be determined on site by Proiect Arborist and contractor team. 57 and 58 Initially fence out on the existing asphalt at 15-feet out from trunk usina moveable Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 10 of 31 l f - 70 ~)~ ~~!~~~NH~iz~m /'\. ~~~ ASCA Reaistered Consultina Arborist #401 ISA Certified Arborist #WC-3172 concrete fence footings. Then move fencing during final phase of demolition at end of project. Or simply install trunk buffers as per item 'h' below. d) SILT FENCE: Install TENAX silt fencing as per package directions along the outsides of the chain link fencing TPZS. This material is a 100-foot long roll of silt fencing with built in wood stakes that is available at home improvement stores for about $30. Affix the upper edge of the silt fencing to the chain link using UV resistant zipties or wires. e) SIGNS: Affix signage to each 10-linear feet of TPZ chain link, to be comprised of a waterproof 8X11 sign stating "Tree Protection Fence: Do Not Move or Remove. Call Project Arborist at XXX-XXX-XXXX". f) WOOD CHIPS: Lay a 4-inch thick layer of wood chipper type wood chips (not bark chips or shredded redwood bark), available from any tree care company for free, inside the tree protection zones established as the areas inside the tree protection chain link fences. Pull chips out at least two linear feet from the edge of any tree trunk. g) FERTILIZATION: Fertilize the areas inside the TPZs of trees #2, 3, 4, 5, 9, and #10 via soil injection using a high quality slow release tree fertilizer such as "Doggett InjectoFeed 32-7-7 Tree Fertilizer" with >50% WIN, humates, and zeolites (or equivalent). If possible, also fertilize tree #58. Document with a receipt from a qualified tree care company (see vendor list below). h) TRUNK BUFFERS 1 SELF-STANDING FENCE: Install trunk buffers around trees in close proximity to site plan construction elements. This includes trees #2, 19, 20, 21, 22, 23, 28, 29, 30, 31, 32, 57, and #58. Trunk buffers shall consist of the following: . Wrap the lower trunk of each tree with at least 5-10 layers of orange plastic snow fencing so that a buffer of plastic 2-inches thick is created over the trunk between grade and at least 8-feet above grade. . Stand 2X4X8-ft boards vertically, side by side, to create a solid wall of wood around the entire circumference of each tree. A second person must hold this wood in place so that step C can be performed. . While one person holds the wood, a second person continues wrapping orange plastic snow fencing over the boards to secure the buffer in place. Wrap duct tape or rope over the outside during this step only, in order to secure the materials. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 PhonelFax (650) 697-0990 Registered Member, American Society of Consulting Arborisls and Member of the International Society of Arboriculture 11 of 31 {t -71 ~))J l:Y~!~~~J~~ig;?~ A\. ~f~ ASCA Registered Consulting Arborist #401 ISA Certified Arborist #WC-3172 See correctly installed trunk buffer in photograph below. Alternative to Trunk Buffers: Erect chain link fencing panels erected on concrete block footings wired together such that a moveable wall of metal is created to block construction activity from impacting the above noted trees. Trees #2, #57, and #58, however, must be provided with trunk buffers as per the above specifications. i) TREE REMOVALS: Remove trees in conflict with the site plan construction footprints after acquiring a valid city tree removal permit. These include trees #1,6,33,34,35,36,37,38,39,40,41,42,47,48,49,50,52, 53, 54, 55, and #56. 2-. Tree #1 is a specimen tree. All other trees are non-specimen trees as per Cupertino definition. j) PRUNING: Retain an ISA certified arborist to perform pruning and/or other tree maintenance as needed, such as the optional through-bolt bracing suggested for the crotch at 35-feet above grade in cedar #2 (see list of vendors below). As with other types of contracting, multiple bids and multiple opinions from arborists are encouraged to give a broad based view of the health and structural maintenance situation with each tree specimen. 2. Items to be completed during the period between the commencement of demolition and grubbing, and the final occupancy signoff, as per direction from the Project Arborist: a) PROJECT ARBORIST shall monitor site construction on a monthly basis as to ensure that tree protection measures are being adhered to as applicable (scope of duties: to be determined). b) MITIGATION FOR TREE REMOVALS: Mitigation for trees being removed shall be determined by the City of Cupertino planning department and/or planning commission as applicable. c) PARKING LOT ASPHALT SCARIFICATION: If possible, all existing parking lot areas that are to remain as-is as reconfigured parking stalls shall be scarified and resurfaced without cutting into the existing baserock base section (ex. along redwoods #28, 29, 30, 31, and #32). Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 12 of 31 { o--rtJ ~)~ ~~1~~I,J-,~~i~~R ,,\. ~~~ ...... ,,-, ~'.';" "., ". , ',' ....,......" "..... ASCA Reaistered Consultinq Arborist #401 ISA Certified Arborist #WC-3172 d) PHASING OF DEMOLITION: i. All demolition of existing NC and curb materials within 25-feet of trees #2 and #58 shall occur only at the very end of the site plan proiect, such that negative impacts to the root systems of these trees are minimized. ii. Contractor team shall notify Project Arborist 48-hours prior to the above demolition activity so that he/she can monitor the process and advise construction personnel on root pruning, irrigation, mulching, and any other tree care related activity deemed necessary to maintain the trees in their current state of health. e) NC & CURB DEMOLITION SPECIFICATIONS FOR TREES #2 AND #58: i. Initial surfacing removal: With Project Arborist present, move chain link fencing panels and commence demolition (with trunk buffers in place on trees #2 and #58). Hand jackhammer pieces of asphalt out around the two trees, pulling these pieces laterally out (westward) using only the teeth of a backhoe machine small enough to fit the top of the boom beneath the lowest branches of cedar #2. ii. Machinery Restriction: Do not allow any trucks, machinery, or other vehicles to encroach onto the open soil root zone where asphalt and other materials have just been removed. Keep all machinery and vehicles to the west of the trees such that the surfacing removal work is performed in reverse with the backhoe pulling westward and a dump truck located west of the backhoe. iii. Place a layer of coarse wood chips 4-inches thick over the newly open soil root zone of the two trees under the Project Arborist's direction. Use only hand wheelbarrows and hand shovels to perform this task. iv. Irrigate immediately (same day) using garden hoses, water truck, tow-behind tank, soaker hoses, etc. as per direction by Project Arborist. f) IRRIGATION: Initiate soaker hose, water truck, or portable tow-behind water tank irrigation at or before commencement of grubbing and demolition as requested by the Project Arborist. Initial and subsequent application rates to be determined by Project Arborist using a Lincoln soil moisture meter to probe soil within the TPZs on a monthly basis. Typical application involves slowly spraying 100-300 gallons of water over the TPZ wood chips around each tree, once every 2-4 weeks during dry months or during months when soil moisture probe readings are lower than normal, continuing until the first significant rains of winter. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 13 of 31 1J--tl ~)1J ~~l~~~NHcY}J'~m ,,\. ~{~ ASCA Reqistered Consultina Arborist #401 ISA Certified Arborist #WC-3172 Contractor shall maintain a written "water log" at the site construction trailer, detailing dates, tree numbers, and volume or duration of application. Project Arborist shall be given access to this log upon request. g) PRUNING: All pruning to clear the airspace of the proposed office building and any associated landscape features or structures must be performed only by or under the direct supervision of an ISA-Certified Arborist, and must conform to the latest version of "ANSI A300 for tree care operations- tree, shrub, and other woody plant maintenance- standard practices" (see vendor list below). h) ROOT SEVERING: Any roots measuring >1-inch diameter encountered during work within 15-linear feet of a tree being retained on site must be severed at right angles to the root growth direction using sharp tools such as an NC powered Sawzall, electrician's cable cutter, professional pruning shears, chain saw, or professionallopper. Root bark must not be torn. Root tissue must not be shattered back into the area behind the root cut. Immediately (same day) backfill around the roots using parent soil, or cover cut ends with multiple layers of wet, muddy burlap fabric if possible. Keep soil surface at grade well irrigated or as directed from the Project Arborist. Project Arborist shall document all incidences with digital photographs when provided with notice of root pruning from construction personnel. i) OSHA LA YBACK CUT: No OSHA 45-degree layback cuts shall be allowed within the TPZ of any protected size tree being retained at this site. j) TRENCHING: All downspouts, area or French drainlines, landscape irrigation lines, electrical wires, utilities, and any other below grade items proposed for this project must be routed to outside of the TPZs with no exceptions unless authorized in writing by the Project Arborist. When applicable, existing utilities shall be "joint trenched" or otherwise bundled in such a way that new utility trenching within 25-linear feet of existing trees being retained is either eliminated or minimized. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the Intemational Society of Arboriculture 14 of 31 (6 -I L ~)~ ~~1~~~NH~ig~m j\\. ~~.).. ...... " ,-,...'~ "..'" " ...,."....,.....,..."...' ASCA ReQistered ConsultinQ Arborist #401 ISA Certified Arborist #WC-3172 5.0 Consultant's Qualifications o Millbrae Community Preservation Commission and Tree Board 11/01-present o ASCA Registered Consulting Arborist #401 o ISA Certified Arborist #WC-3172 o B.A. Environmental Studies/Soil and Water Resources UC Santa Cruz, Santa Cruz, California 1990 o Peace Corps Soil and Water Conservation Extension Agent Chiangmai Province, Thailand 1991-1993 o Associate Consulting Arborist Barrie D. Coate and Associates 4/99-8/99 o Contract City Arborist to the City of Belmont, California 6/99-present o American Society of Consulting Arborists (ASCA) Consulting Academy Graduate Class of 2000 o Continued education through attendance of arboriculture lectures and forums sponsored by the International Society of Arboriculture (Western Chapter) and the American Society of Consulting Arborists (Full curriculum vitae available upon request) Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member. American Society of Consulting Arborists and Member of the International Society of Arboriculture 15 of 31 I J -53 ~)b Walter Levison r CONSULTING ARBORIST ,~\. ~~~ ..~.,.., A', '.. -".' -'. , .. ...............c...,. ASCA ReQistered Consultina Arborist #401 ISA Certified Arborist #WC-3172 6.0 Tree Vendors Tree Moving Services: Joe Omaz Trees of California P.O. Box 13189 (408) 264-3663 -trees moved bv hand onlv Covote, CA 95013 Mr. John Service @ Valley Crest 8501 Calaveras Road (925) 862-2485 Sunol, CA 94586 Tree Movers of Mountain View -can transplant, acquire, ship, and install trees (650) 968-6117 -trees moved bv mechanical soade onlv. -trees must normallv be <12"DBH Sources of Replacement Trees: Hecker Pass Specimen Trees Hecker Pass Road (408) 842-2121 Mr. Bill Miller Gilroy, CA 95020 Pacific Nurseries-wholesale only 2099 Hillside Blvd. (650) 755-2330 Colma, CA 94014 Valley Crest Tree Company 8501 Calaveras Road (925) 862-2485 Sunol, CA 94586 East Bay Nursery 2332 San Pablo Ave. (510) 845-6490 Berkeley, CA 94702 Boething Treeland Farms (Wholesale to the Trade Only. 2923 Alpine Road (650) 851-4770 Huae selection of common and hard to find tree species) Portola Vallev, CA 94028 Tree Movers of Mtn View (650) 968-6117 Peninsula Air Spade Contractors Who Perform Tree-Friendly Air Excavation Michael Youna, Urban Tree Manaaement (650) 321-0202 Bill Patchett, Treescaoes (Burlinaame\ (650) 574-5354 Matthew Kidd (650\ 298-8937 (888) 969-8733 or Arborwell Neil Woolner cell (925) 260- 6655 Ian Geddes Tree Care ISee below\ Tree Maintenance Advanced Tree Care- Rob Weatherill (650\ 566-9539 or 839-9539 Arborwell Also contact Neil Woolner Main Office 1 (888) 969- cell (925\ 260-6655 8733 Area Custom-- Ron Walker (650) 969-7076 Bill Plateman 650.595.5135 Bob Yamane- Noonan's Tree Care Redwood City 650.367.8818 BiotaTech-Brendan Nelson Cell (408\ 639-2189 Chris Hall- West Coast Tree Care South Bav 408.379.1442 Dan Hoskins 650.322.4400 Doua Anderson South Bav 408.378.2261 Gil Mitchell South Bay (408\929-3040 Henry Ardalan .City Arborisf Woodside Mobile (650) 222-1771 Ian Geddes Tree Care Saratoaa (408\374-8233 James Scott Los Gatos (408\ 370-2089 Kevin Ratterv Palo Alto (650) 428-8733 Lane Kilpatrick 650.941.0240 Mark O'brien - no brush haulina Menlo Park (650) 327-0450 Mayne Tree Expert Co. - Richard Huntington & Kevin San Carlos 650.593.4400 Kieitv McCarthv Tree Specialties Menlo Park (650\ 367-7552 Michael Youna- Urban Tree Manaaement Santa Clara (650\ 321-0202 Nature First - Jeremy Nama & Mimi Scoopettone South Bav (831\ 562-8233 Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 16 of 31 / 5 -J 1 ~J)J Walter Levison CONSULTING ARBOR 1ST ,~\ ~~~ "'.',Y_'A','_"""'" , .. _., ..... ..~H. .,....,. ASCA Registered ConsultinQ Arborist #401 ISA Certified Arborist #WC-3172 in Trees Treescapes, Inc. Torrey Young & David Nelson East Bay 510.638.0781 (The above sources have been known to provide high-quality arboriculture services in the past. They are not guaranteed or endorsed by the author.) 7.0 Assumptions and Limiting Conditions Any legal description provided to the consultant/appraiser is assumed to be correct. Any titles and ownership to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is appraised and evaluated as through free and clean, under responsible ownership and competent management. It is assumed that any property is not in violation of any applicable codes, ordinance, statutes, or other govemment regulations. Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, the consultant/appraiser can neither guarantee nor be responsible for the accuracy of information provided by others. The consultant/appraiser shall not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement. Unless required by law otherwise, the possession of this report or a copy thereof does not imply right of publication or use for any other purpose by any other than the person to whom it is addressed, without the prior expressed written or verbal consent of the consultant/appraiser. Unless required by law otherwise, neither all nor any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the client, to the public through advertising, public relations, news, sales, or other media, without the prior expressed conclusions, identity of the consultant/appraiser, or any reference to any professional society or institute or to any initiated designation conferred upon the consultant/appraiser as stated in his qualifications. This report and any values expressed herein represent the opinion of the consultant/appraiser, and the consultant's/appraiset's fee is in no way contingent upon the reporting of a specified value, a stipulated result, the occurrence of a subsequent event, nor upon any finding to be reported. Sketches, drawings, and photographs in this report, being intended for visual aids, are not necessarily to scale and should not be construed as engineering or architectural reports or surveys unless expressed otherwise. The reproduction of any information generated by engineers, architects, or other consultants on any sketches, drawings, or photographs is for the express purpose of coordination and ease of reference only. Inclusion of said information on any drawings or other documents does not constitute a representation by Walter Levison to the sufficiency or accuracy of said information. Unless expressed otherwise: a. information contained in this report covers only those items that were examined and reflects the conditions of those items at the time of inspection; and b. the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the plants or property in question may not arise In the future. Loss or alteration of any part of this report invalidates the entire report. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 17 of 31 t 8 -6)' ~))J Walter Levison CONSULTING ARBORIST ,~\ ~~A ASCA ReQistered ConsultinQ Arborist #401 ISA Certified Arborist #WC-3172 Arborist Disclosure Statement: Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce the risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist. or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Tree are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborist cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like any medicine, cannot be guaranteed. Treatment, pruning, and removal of trees may involve considerations beyond the scope of the arborist's services such as property boundaries, property ownership, site lines, disputes between neighbors, and other issues. Arborists cannot take such considerations into account unless complete and accurate information is disclosed to the arborist. An arborist should then be expected to reasonably rely upon the completeness and accuracy of the information provided. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate the trees. 8.0Certification I hereby certify that all the statements of fact in this report are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. Signature of Consultant ~ 5-12-06 Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 18 of 31 {o---rJt ~)~ ~~!~~~N~~cYsi~~R "~ ~s ~~;\ ASCA ReQistered ConsultinQ Arborist #401 ISA Certified Arborist #WC-3172 9.0 Tree Charts -oS :;;~ Health & Overall Tree CDCUiiir- ~ Qj @cj Common Name I HelghU Structure Condition NOTES ON CONSTRUCTION IMPACTS, mi!;...c Spread Ratings PROTECTION REQUIREMENTS, HEAlTH # ~ !Ph~ 2 E:= . Scientific Name Rating I- .!!! .<:: 00( (ft.) (0-100% AND STRUCTURE. 0:::5 Cu (0-100%) .E each) One 14" dia.limb has gone vertical @4-ItAG to become a codominant mainstem and supports a significant portion of the canopy (+/- 25% oftotal canopy). Root flare intact and visible. Tree has been limbed up to approx. deodar cedar 14-1t AG with a 15" diameter pruning cut on 60% east side. Limb damage on north side of tree 1 X 25.5/14.0 Cedrus 60/50 70/55 Fair (vehide impact@l4-ItAG). All inner branches deodara pruned out. Root expansion buckling/cracking the existing AlC out to 15-linear It from trunk edge. Live Crown Ratio: SO%, but inner branches removed lowers twig density. Foliar color normal. Twig extension moderate to good. Apical meristem @55-ItAG may have been pruned out (topped?). See photos. Tree has been limbed up to 25-1t AG on the south side of the canopy. Inner branches have been removed throughout tree, effectively 'lion-tailing' it (same as tree #1). One 20.5" diameter limb forks off mainstem at 4.5-1t AG, precluding trunk measurement at that height. This limb extends northeast at 7 -It AG in a horizontal position, and bends vertically, comprising 20-30% of the total canopy. This stem measures >50% of the mainstem (bad), deodar cedar but removal of the stem would result in 2 39.5" @2-ft Cedrus 60/50 70/50 60% significant canopy loss. Two codominant AG. Fair mainstems fork @35-1t AG in a very narrow deodar a crotch with included bark. Stems appear to be partially fused at this height. Stems may require through-bolt bracing to prevent splitout at 35-It. Live Crown Ratio: SO%, though inner foliage pruning has reduced live twig density. Twig extension moderate to good. Normal foliar color. Note tree located on soil 'island" surrounded by asphalt Trunk base is 1.5-1t above asphalt parking lot elevation. Root expansion causing curb and AlC bucklinalcrackino. See ohotos. Tree appears to be 15-20 years old based on growth rate of this species in irrigated, wide open soil root zone sellings in this geographic coast area. Basal sprouts emanating from the below- redwood 63% grade lignotuber, possibly due to stress from 3 23.0 Sequoia 80/18 63/65 Fair recent pruning. Tree was limbed up to remove scaffolds between zero and 16-ItAG. sempervirens Epicormic shoots arising from the pruning cut wounds along the mainstem, and along some scaffold limbs. Site irrigation system may not have been active over cast year or so. Live Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 19 of 31 { a- -0 7 ~)~ ~~1~~~ N ~~~ig~p, ,,\. ~^ ASCA Reoistered Consultino Arborist #401 ISA Certified Arborist #WC-3172 "'~~... ~;Z Health & Overall Tree ~ -a @ei Common Name I Helghtl structure Condition NOTES ON CONSTRUCTION IMPACTS, alo_C Spread Ratings PROTECTION REQUIREMENTS, HEALTH # ~i~~ ~!ij=.c Scientific Name Rating 0::5 is"fi (ft.) (0-100% (0-100%) AND STRUCTURE. s each) Crown Ratio: 75%. Twig extension and twig density poor to moderate. Normal trunk taper. Normal scaffold extension. Probably drought stressed from lack of irrigation. Condition % not high enough for transplant See photos. Tree appears to be 15-20 years old. Trunk edge is 24-inches north of the existing building foundation comer (see map and photos below). Subgrade lignotuber is likely very near or pressing against this footing, with very little root elongation possible. Demolition of this footing may destabilize the tree since the root coast system is likely deflected along the existing redwood 73% foundation. Tree has been recenijy limbed up 4 25.0 Sequoia 80/30 75170 Good to 16-18-ftAG with epicormicshools arising from pruning cuts and along scaffold limbs as sempervirens the tree responds to wounding. Moderate foliar density. Moderate live twig extension. Uve Crown Ratio: 75%. Probably drought stressed from lack of regular irrigation. Tree condition % good enough for transplant, though root deflection issue and trunk diameter greater than 20-inches makes this a poor to moderate transplant candidate. See photos. Canopy "hole' on south side where scaffolds are missing. Tree limbed up to 20-ft AG (old pruning wounds), Tree appears to be the age of the existing building (circa 1973= 33 years). Inner branches pruned out between the coast mainstem and 50% of the distance out to redwood 69% scaffold tips. Root zone is open soil with 5 42.7 Sequoia 80/45 70/65 Fair concrete paths and flagstones. Wide trunk flare with extreme buttressing on north, east, sempervirens and southeast sides of trunk (good). Foliar color normal. Twig density and extension is poor to moderate. Tree drought stressed. Live Crown Ratio: 75%, though twig density lowered due to inner branch pruning. Too larae to transplant See 000105. Two codominantmainstems fork at 15-ftAG in a narrow crotch with included bark (see photos), which reduces the structural rating significanUy. Species very susceptible to flathead borer if not irrigated heavily. Staining white alder 45% on trunk @1.5-ftAG is characteristic of 6 X 13.3 Alnus 45/28 50/35 flathead borer infestation (see photo). Tree Poor was assessed when out of leaf. Bark canker rhombifolia noted @25-ftAG on northwest side of tree, approximately 5-ft in length. Live crown ratio: 50%. Moderate live twig density. Bole between zero and 8-ft AG is zig-zag in an 5-formation. Some scaffold limbs have been pruned back to clear the existing windows. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 20 of 31 { t -g-r ~)p ~~l~~r.NH~i~~R ,'\. ~lA ASCA Reaistered Consultina Arborist #401 ISA Certified Arborist #WC-3172 ..'i~.... ...~ Health & Overall Tree ~! @ci Common Name I Height/ structure Condition NOTES ON CONSTRUCTION IMPACTS, ml5...c Spread Ratings PROTECTION REQUIREMENTS, HEAlTH # ~~~~ ~~:< Scientific Name Rating 11::5 on (ft.) (0-100% (0-100%) AND STRUCTURE. .5 each) Coast 7 4.5 redwood 20/10 75fl5 75% Sequoia Good sempervirens Coast 8 5.3 redwood 22/12 80flO 75% Deformed apical meristem. Sequoia Good sempervirens Water leak east of tree may be supplying Coast much needed irrigation to the tree during the redwood 75% hot summer period. Scaffolds may need to be 9 30.0 Sequoia 65/30 75fl5 Good pruned back to dear the proposed building. sempervirens Will require 15-linear feet of tree protection out from trunk edge. Coast Northeast side lacks scaffold limbs due to 10 16.7 redwood 60/18 70/65 65% crowding from tree #9. Canopy lopsided, and Sequoia Fair extends southwest. Recommend use of a sempervirens trunk buffer for added protection of this tree. Located on neighbor's property approximately 4-5 linear feet south of the property line. Heavily irrigated with woody structural roots extending on grade and partially damaged to at least 20-30 feet southward or more into the turfgrass landscaped area maintained by the neighbor. Canopy overhangs the 10495 N de Anza project area, and may require pruning to Fraxinus Sp. clear the airspace for the proposed new office 45% building footprint. 11 13.0 (appears to 60/30 50/40 Poor be 'Modesto') North side of root system may be severed during site plan development activities such as foundation work, landscape irrigation line installation, and grubbing out of existing plants to be demolished on 10495 N de Anza. Affected by spring season foliar anthracnose fungus which is causing leaf cu~ and bumback. Modesto ash is usually the cultivar which exhibits this soecilic funaal infection. All same as tree #11. Fraxinus sp. 55% At least two stem splitouts were noted in the 12 17.7 (appears to 65/55 65/45 Fair canopy. Narrow codominant crotches. Roots be 'Modesto') growing on grade damaged by lawnmower south of tree. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 21 of 31 ( if -J 7 ~)~ ~~!~~r.NH~ig~~ A\. ~~.~ ..,,, ... "" ,.. . " .. ,~ , .. ,"U A~... ..".,- ASCA Reoistered Consultino Arborist #401 ISA Certified Arborist #WC-3172 'i~ :;;;Z Health & Overall Tree ~ en..... ~1D@ci Common Name I Height/ structure Condition NOTES ON CONSTRUCTION IMPACTS, t'"-c:: Spread Ratings PROTECTION REQUIREMENTS, HEALTH # ~~~a: 2 E... . Scientific Name Rating ~.!!~< (ft.) (0-100% AND STRUCTURE. 11:::5 Cu (0-100%) ..5 each) All same as tree #11. Fraxinus sp. 49% Note this tree lacks root flare on north side of 13 12.4 (appears to 65/30 50/45 Poor trunk base...could be a structural issue. be 'Modesto') Narrow high canopy with natural deadwood buildup in lower 2/3 of tree. 16.0 Fraxinus sp. (two stems 55% All same as tree #11. 14 fork at 4.5- (appears to 60/45 60/50 Fair ft AG) be 'Modesto') Narrow canopy extends NW - SE. Fraxinus sp. 30% All same as tree #11. Trunk edge is 5-ft 8-in. 15 8.5 (appears to 60/20 30/30 from fence edge. Very narrow limited canopy Poor spread with twig dieback throughout tree. be 'Modesto') Girdling root on east side of trunk (bad). All same as tree #11. Fraxinus sp. 55% Canopy lopsided to north with growth 16 11.6 (appears to 60/30 60/55 Fair extending toward the sunlight (away from the be 'Modesto') building just south of tree). Multiple codominant mainstems @6-ft above grade with bark inclusion. All same as tree #11. Fraxinus sp. 20% 17 9.2 (appears to 65/22 20/20 Very Twig dieback extensive throughout canopy. be 'Modesto') Poor Minimal scaffold limb extension. Trunk edge is 5-ft 6.in. from fence. Fraxinus Sp. All same as tree #11. 30% 18 14.9 (appears to 60/25 30/30 Poor Trunk edge is 4-ft 1 O-in. from fence. be 'Modesto') Codominant mainstems with narrow crotch. Foliar and twig dieback throuahout canopy. Fraxinus sp. 45% Ramp proposed at -+1- 6-8 feet out from trunk 19 6.7 (appears to 35/20 45/45 Poor may negatively Impact this tree by causing be 'Modesto') root loss or root damage. Fraxinus sp. 55% Ramp proposed at -+1- 6-8 feet out from trunk 20 8.3 (appears to 35/25 57/55 Fair may negatively impact this tree by causing be 'Modesto') root loss or root damage. Fraxinus sp. 42% Canopy lopsided to the east Trunk leans east 21 12.5 (appears to 35/20 45/40 Ramp proposed at -+1- 6-8 feet out from trunk Poor may negatively impact this tree by causing be 'Modesto') root loss or root damage. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 22 of 31 l ~~/b ~))J 1'Y~l~~I.NH~i~~B A\. ~~.~ ASCA Reaistered Consultinq Arborist #401 ISA Certified Arborist #WC-3172 "'~~c-- ~;Z Health & Overall Tree ~.; @cj Common Name I Helghtl Structure Condition NOTES ON CONSTRUCTION IMPACTS, m~...c Spread Ratings PROTECTION REQUIREMENTS, HEALTH # oE"'..!! 2 Ii '" . Scientific Name Rallng I-~~Q. 1--1!< (ft) (0-100% AND STRUCTURE. CO (0-100%) .E each) Fraxinus Sp. Tree has been limbed up to clear the 42% neighbor's parking lot spaces. Ramp proposed 22 7.7 (appears to 30/30 45/40 Poor at +/- 6-a feet out from trunk may negatively be 'Modesto') impact this tree by causing root loss or root damage. Fraxinus sp. 15% 23 8.6 (appears to 28/18 15/15 Poor Extensive twig dieback. be 'Modesto') Fraxinus sp. 50% 24 7.8 (appears to 30/22 60/50 Fair Canopy is lopsided to the south. be 'Modesto') Fraxinus sp. 50% 25 7.1 (appears to 28/30 55/50 Fair be 'Modesto') Fraxinus sp. 67% 26 9.6/6.5 (appears to 35/35 70/65 Fair be 'Modesto') Fraxinus sp. 20% 27 11.0 (appears to 30/25 20/15 Very Extensive stem and twig dieback on north side of tree. be 'Modesto') Poor Coast 28 18.2 redwood 60/25 65f70 69% Root system severed at 50feet north of trunk Sequoia edge for drainage pipe. semoorvirens Coast 29 16.0 redwood 60/25 65/65 65% Sequoia Fair semoorvirens Coast 30 14.8 redwood 60/18 65/65 65% Tree has been crown raised alongside the Sequoia Fair existing office building just west of trunk. semoorvirens Coast 31 redwood 55% Scaffold limbs stubbed back to clear existing 19.0 Sequoia 60/15 65/55 Fair office building and light pole, leaving scaffolds semoorvirens intact mainly on the northeast side of tree only. Coast redwood 75% Root growth assumed extensive given the 32 16.3 Sequoia 65/28 75f75 Good large open soil irrigated landscape area semoorvirens surrounding tree. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 23 of 31 t ~-11 ~))J ~~l~~~NH~,ig~n A\. ~~~ ASCA Reaistered Consultina Arborist #401 ISA Certified Arborist #WC-3172 .."i~... :;;~ Health & Overall Heightl Structure NOTES ON CONSTRUCTION IMPACTS, Tree m~...c ~ 1;; @cj Common Name I Spread Ratings Condition PROTECTION REQUIREMENTS, HEALTH # ~~~K 2!i:l:< Scientific Name Rating ~.- .s:::. (ft) (0-100% AND STRUCTURE. 0<::5 Cu (0.100%) .E each) Coast redwood 65% Root extension and expansion causing 33 X 20.0 Sequoia 60/25 65/65 Fair massive buckling and heaving of the existing sempervirens NC parking lot surfacing. Coast 34 X 17.7 redwood 40/20 75/75 75% Sequoia Good sempervirens Coast redwood 50% Apical meristem appears to have blown out. 35 X 14.7 Sequoia 40/20 60/50 Fair Tree has been pruned on south side to clear sempervirens the existing light pole. Sweetgum 37% Tree has been top pruned: a poor pruning 36 X 8.8 Liquidambar 30/25 45/35 Poor practice which permanently destroys the stvraciflua branchi ng architecture. Coast 37 X 28.0 redwood 60/30 75/75 75% Sequoia Good semoervirens Coast 38 X 26.2 redwood 60/30 70/70 70% Sequoia Good sempervirens Sweetgum 50% Codominant mainstems. Stem dieback on 39 X 8.7 Liquidambar 40/27 55/45 Fair northeast side of the canopy. Stvraciflua Coast Two codominant mainstems fork near grade in 40 X Estimated redwood 60/30 70/55 60% a narrow crotch with dense sprouts emanating 16/14 Sequoia Fair from the basallignotuber such that I could not semoervirens traverse the trunk circumference. Coast 41 X 12.3 redwood 50/25 10/10 10% Very poor live twig density and extension. Sequoia Poor sempervirens Coast redwood 69% Epicormic shoots arising from old pruning 42 X 13.5 Sequoia 40/25 70/65 Fair wounds where lower scaffold limbs were sempervirens removed along trunk. Coast Sidewalk concrete was replaced adjacent to redwood 65% trees #43 and #44, presumably due to damage 43 14.0 Sequoia 50/25 65/60 Fair from root expansion and extension under the concrete surfacing. Scaffolds extend semoervirens northward. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 24 of 31 (t -1 L ~)b Walter Levison r CONSULTING ARBORIST A\. ~1A ...~." '.~" ,. ..,. ~ , . ,,,.., ..............' ASCA Registered Consultina Arborist #401 ISA Certified Arborist #WC-3172 ..'i~..... :;;~ Health & Overall Heightl Structure NOTES ON CONSTRUCTION IMPACTS, Tree al~_C ~ 1> @ci Common Name I Spread Ratings Condition PROTECTION REQUIREMENTS, HEALTH # ~i~a: 2 E '" . Scientific Name Rating ~.!!~< (ft.) (0-100% AND STRUCTURE. 0::5 Ou (0-100%) oS each) Coast redwood 57% One codominant mainstem was removed at 1- 44 16.3 65/25 60/55 foot above grade. Lower 6-ft of trunk is S- Sequoia Fair formation. semooNirens Coast 45 17.8 redwood 65/25 40/40 40% Sequoia Poor sempeNirens Coast redwood 65% One codominant mainstem was removed at 1- 46 14.2 Sequoia 60/25 70/60 Fair foot above grade. Apical meristem appears to sempeNirens have split out No scaffolds extend westward. Coast 25% 47 X 18.9 redwood 60/20 25/25 Very Poor live twig density and extension. Sequoia sempeNirens Poor Coast 25% Poor live twig density and extension. Note that 48 X 25.7 redwood 65/25 25/25 Very root crown is buttressed but with no lateral Sequoia roots visible. Root crown is well above the sempeNirens Poor existing sidewalk finish grade elevation. Coast redwood 50% Note utility box is cracked on north side of root 49 X 14.7 Sequoia 55/20 50/50 Fair crown, probably due to root elongation and semooNirens expansion . Coast 50 X 12.8 redwood . 35/12 50/50 50% Sequoia Fair sempeNirens Coast 51 20.2 redwood 55/30 60/50 55% One codominant mainstem was removed at 3- Sequoia Fair feet above grade on east side of tree. semooNirens Coast 52 X 15,0 redwood 40/20 60/60 60% Root expansion and elongation causing Sequoia Fair sidewalk heave on north side of trunk. semooNirens Coast redwood 70% Open soil root zone is adequately large for 53 X 23.1 Sequoia 60/25 70170 Good decent root extension and soil moisture retention. semooNirens Coast 54 X 10.8 redwood 35/18 65/65 65% Partially shaded by tree #1 canopy. Sequoia Fair , semooNirens Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12106 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 25 of 31 (ff--1J ~))J ~~l~~,t;NH,yjg~m l\\. ~~.:\ ASCA Reqistered Consultinq Arborist #401 ISA Certified Arborist #WC-3172 C1>-g~.,... ~~. Health & Overall Tree ~ ~ @)ci Common Name I Heightl structure Condition NOTES ON CONSTRUCTION IMPACTS, ml;_c Spread Ratings PROTECTION REQUIREMENTS, HEALTH # oe....!! ~!i:..c Scientific Name Rating t-&!~a.. - .c ('l) (0-100% AND STRUCTURE. CU (0-100%) .s each) Coast 55 X 12.9 redwood 40/20 70/65 70% Partially shaded by tree #1 canopy. Sequoia Good semoervirens Coast 56 X 15.2 redwood 45/18 70/70 70% Tree is somewhat shaded by tree #1 and tree Sequoia Good #2 canopy. semoervirens Coast 57 13.5 redwood 60/25 65/65 65% Tree is somewhat shaded by tree #1 and tree Sequoia Fair #2 canopy. semoervirens Coast Partially shaded by tree #2 canopy. Will need redwood 75% same demolition specs, irrigation, etc. as per 58 19.5 Sequoia 55/20 75/75 Good tree #2. Existing curb and Ale is approximately 3.5-fl west and 6.(}-fl south of semoervirens the trunk edQe (see photos). Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 26 of 31 I f ,.-1y ~jb Walter Levison r CONSULTING ARBORIST A' ~~.~ ASCA ReQistered ConsultinQ Arborist #401 ISA Certified Arborist #WC-3172 10.0 Tree Map (use scale bar to scale off this sheet) ~otem I , I ~ .0A18 VZNV 3UHU:ION ~-_.-.- .-- -! ~- -0 .. "0 :r "0 "" ;~ :.~ I~ ,;! ,. ~ ~ ~-,: ~. CL I ~. w l::: CI)~ I<~t~ ~ i \--1..-- Ii Trees to be removed as per the above map include trees #1, 6, 33, 34, 35, 36, 37, 38, 39,40,41,42, 47,48,49, 50, 52,53, 54, 55, and #56. Due to the scale of this map, the chain link tree protection fencing routes are not shown. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 27 of 31 l a -1 j ~)p ~~l~~,I;NH~ig~n A\. ~~^ ASCA ReQistered Consulting Arborist #401 ISA Certified Arborist #WC-3172 11.0 Photographs Heritage cedar #2 to be retained with a +/- 22- Heritage cedar #1 (foreground) and linear radial foot chain link tree protection Heritage cedar #2 (background right). fence (about 45-feet in total diameter). Coast redwood #3 to be retained. Coast redwood #4 to be retained. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 28 of 31 {<1 ~ib ~))J 1Y~l~~~N~~~i~~~ ASCA Registered Consulting Arborist #401 A full canopy view of coast redwood #5 to be retained. Live twig density overall is poor to moderate due to past pruning out of the inner branches. Close-up of brown spotting on lower trunk bark of white alder #6, indicating flathead borer activity. 1\\ ~~~ A'.." "....'._,.,. "..,,, .. '. ,,'u, ^..~. _.~.. ISA Certified Arborist #WC-3172 White alder #6, showing the two codominant mainstems with narrow crotch and bark inclusion. Left side: Ash specimens #11,12, and #13, just south of the southern property border that mayor may not be affected by site plan foundation work on the 10495 North de Anza side of the root systems. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 29 of 31 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture ll-r) ~)~ 1Y~!~~r. J:~cY}~~n ASCA ReQistered ConsultinQ Arborist #401 Center: Coast redwood #9. Right: Coast redwood #10. Both Trees are to be preserved. A\. ~l~ ISA Certified Arborist #WC-3172 Ash specimens just south of the southern property line, looking westward along the neighbor's existing parking lot. Left to right: Coast redwoods #31, 32, 35, 40, Left to right: Coast redwoods #43 through 41, 42, 43, 44, 45, and #46. #50. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 30 of 31 l t - 76 ~)~ ~~1~~~N~~Yig~~ ASCA Registered Consulting Arborist #401 Right to left: Sweetgum #36 and coast redwood #37 to be removed. tti.-.--- -. 'r.":'::""t!::I: . __ Bill . ,,; ";".. " .......' ;,'.. - . ) 7' t: r . Close-up of existing curb and NC on south side of coast redwood #58 to be retained, just north of cedar #2. The same demolition issues apply here. i\\. ~~~ ..."..,........, .,,,,,. . ,.,' ...-......,-, ISA Certified Arborist #WC-3172 Close-up of existing curb and NC around trunk of heritage cedar #2. Demolition of these materials within the dripline will need to be phased to the very end of the project to minimize root disturbance during construction. Example of a correctly installed trunk buffer on a large coast redwood specimen. A 2- inch thick layer of orange plastic is wrapped around the trunk between zero and 8-feet above grade before the 2X4 boards are set up. Site Address: 10495 North de Anza, Cupertino Walter Levison @ All Rights Reserved Version 5/12/06 Phone/Fax (650) 697-0990 Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture 31 of 31 (t--11 Exhibit B Jane Wu Mariani Business Center LLC 20600 Mariani Avenue Cupertino, CA 95014 07/12/2006 Dear Planning Commissioners, Last night, I attended the hearing regarding the new proposed Any Mountain office building. I would like to thank the committee for giving your unbiased opinions on the building project. Furthermore, I applaud my new neighbor for willing to redevelop an old building and add valuable office space to the area. I would like to reiterate the key points that my son, Sam Wu, presented during his presentation and bring up new information that has come to my attention. Attached to this letter is a copy of my easement agreement with the previous owner. Issues discussed last night: 1) Increased Traffic This building will create an inordinate amount of traffic not only through our patient walkway but also into Mariani Ave. During rush hour, Mariani feeds into the already congested North De Anza Blvd and 280 South. A comprehensive traffic study needs to be completed detailing the added pressure of an additional 200+ cars on these roads everyday. 2) Parking Garage The parking garage, even in its revised state, would still be an eyesore and an encumbrance to our property. The parking garage runs the entire length of the property and rises to about 25 feet tall. If this parking structure were to be built, it would change the composition of our property not just for 5 or 10 years, but for the foreseeable future. Not only would it depress our property value but also our general well-being on the property. 3) Issue of No Tenants { I /lffD As it stands, there are no tenants or even potential tenants scheduled to lease the building. If the building were to be built with the current plans and still fail to find tenants, the city would be out of potential tax revenue and our office would be left staring at an empty parking lot. New Issue I Would Like to Mention: 1) Density It has come to my attention that the new General Plan for the North De Anza Corridor removed density limits for new office buildings. I would like the City Planning Commission to investigate the square footage of the nearby office buildings relative to the size of their respective lots. I believe the Commission will find the new Any Mountain building is much denser compared to the nearby buildings in the area. This brings up the issue of the building being equitable with its neighbors. 2) Issue with Commissioner Gilbert Wong I would also like to point out a factual error committed by Commissioner Gilbert Wong. After calling up Sam to the speaker's podium, Gilbert stated he remembered my case regarding the subdivision of the Mariani parcel. He proceeded to state, "[Cupertino] didn't have to grant the subdivision, but [Cupertino] did. Please remember this with consideration to your neighbors." This statement is incorrect. As you can see on the easement agreement attached, the two parcels, recorded since August 27, 1980, are two separate parcels of land with one common owner (Parcel A and Parcel B). The land was already previously subdivided. The meeting Commissioner Wong was referring to, in actuality, was in regards to only approving the easement agreement between the two parcels. As a City Commissioner, one who wields tremendous power, one should have all the facts before making statements that have the potential to cause immense changes within Cupertino. Furthermore, I fail to comprehend how by granting a prior easement access agreement has any bearing with regards to this case. 3) Lack of Comprehensive Study The City Planning Commission is still missing many key statistics for the neighborhood. When Commissioner Cary Chien inquired about the building heights of the ( r 1ct nearby buildings, neither the planner nor the developer could provide the information. When Commissioner Taghi Saadati, if I remember correctly, asked for the occupancy rate in the area, the city planner, again, could not provide the information. The city planners need to provide these facts and other key statistics of the neighborhood before the City Council meeting in order for the City Council members to make a fail and educated opinion. Possible Solutions: 1) Ingress and Egress onto North De Anza instead of Mariani Instead of traffic exiting onto Mariani, if the plans were changed so that traffic could exit onto North De Anza, it would greatly reduce the strain on Mariani Ave. This would by no means be a precedent for North De. Anza. Four such driveways exist on the section of North De Anza between Stevens Creek and Homestead. 2) Fully Underground Parking Garage Under the Building I am very receptive to the idea of a fully underground parking garage under the office building. This would not only mitigate our concerns with the parking garage, but with the space saved, a public plaza could be installed. A public plaza would greatly increase the attractiveness and value of the surrounding area. My family and I have lived in Cupertino for over 15 years. Our acupuncture clinic adds great value to the city through tax revenue and the medical care we provide to the community. I support the redevelopment of the building next door and I hope to continue negotiations with our new neighbor and the City Planning Department. Please keep me updated with any new information the city planners provide and notify me whether or not a comprehensive traffic study will be scheduled. If you have any questions, feel free to contact me bye-mail or at (408) 257-3767. Sincerely, ~~~w~ -TIme Wu Enclosed: Easement Agreement I t ~((j 1- H= ... ...~-- .... --.-..., . .", .". .... ,...... . . .. .... ,t~~\~:.;I~!~;~~.!.~.: 1& '. DOCUMENT: 13495808 Titlos:2/ Pagos'S RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: }~'mfJ'llml"J/Mm~1 OOUI:w"eoeo Fees... . To"es.. . Copies. . AMT PAID 29.9B 29.ge BANK OF THE WESTSRENDADAV1S 1450 TREAT BOULEVARD SANTA CLARA COUNTY RECORDER WALNUT CREHK CA 94596 Recotded II~ the ~equO$f 0/ AITN: REAL ESTATE INDUSTRIES GRO'L,North Amet I con TIt I e Company LOAN: 347000606 ROE 11 ae3 11'1/25/1 996 a,aB AM DECI.A RA TrON AND GRANT OFRECIPROCAL P ARK:ING EASEMENT~ (With Consenl llnd Subordination of Beneficiary) THrSDECLARA nON AND GRANT OF RECIPROCAL PARKING EASEMENTS (the "Declaration") is made and entercdinto this 17th. day of October, 19!16, by ELDON HOFFMAN, an individual ("Declaralll"), with rc(crencc to the following facts: RE.crIALS: A. Declarant is lheowner ofthatccnain real property ("Parcel A") locllled in the State oCCaliforn/a, County of SanlaClara,City of Cupertino, described as follows: . Parcel A as shown on that certain Parcel Map recorded August 27; 1980, in Book 469 of Maps, page 39. Assessor's Parcel No. 326-33-109 a. Declarant is also the Owner of lbatcertainreaJ property ("PareclB") located in the Slate of California,CouJity of SanlaClal:l, City of Cupertino, described as foHows: PlU"C1!1 Bas shown on t!mtcertain Pare,1 Maprecotded August 27,1980, in Book 469 of Maps , page 39. Assessor's Parcel No. 326-33-110 C.Declnrant desires to provide for reciprocal parking and ingress/egress easements between said Parcel A and Parcel B (collectively the .Parcels") on the lerms hereinafter set forth. BWlIB\JSm 119171.1 -)- 11lf171\l6 . '7.'- '"l~.: ..: '~.~~::.~:. ': :' . . ",.'.~,r:;~';!)}J.;"~. "::\.~i<).::.',,' _..., ..._"~,~_.~ ( a --1 ~ J ....)'"":t..::t::>OVb i::-'age..G NOW, THEREFORE, Declarant hereby declares that Parcel AandParrel B, and all subdivided portions thereof, shall be held, transferred, encumbered, used, conveyed, leased and occupied subject eo the covenants, conditions, restrictions, easements and rigbts herein set forth Cor the use and benefit of Parcel A and Parcel Band each part thereof. All of the limil;ltions, easements, uses, obligations, covenants, restrictions and conditions staled herein shall run with the real property, shall be binding on all parties having or acquiring any right,tille or interest in the described real property or Rny part thereof (inClUding, bUlnot limited to, MY holder ofa deed of trust, mortgagc'orother securityintcrestin all or any part of either of U1C two Parcels, or both, and any of their respective sUl;:ccssors-in.intereSt), and shall be for the benefit of each owner ohny portion of said real property. or any interest therein, and inure to the benefit Of and be binding upon each such successor,in.interestofthe owners thereof, Each and all of the said limitations, easements, uses, obligations, covenants. conditions and restrictionS shall be deemed to be, and shall be construed as, equitable scrviwdes, enforceable by any onc of the owners of either of the Parcels .against any other owner, tenant or occupant of the other Parcel. ; , i I, f ! i. I. 1. p~rkiric E:mmen\: Each Parcc1sha:Il have,aodis hereby granled in favor of such Parcel, liS dominant tenement. overaild upon the other Parcel, as servient tenement, an easement Cor the parking of motor vehicles in areas designated for pnrkingon such servient tenement parcel. . '. ...,,' ..,:2......, '. Allern!ions:r~MeUIJ.Y'fitcel\~'.fiii&;2.9'paTktng'igpi~"'a:1iimit!:1$Jf:ii!i' ~,~ f_:(tl~':P~lJli}&P~ The owner of Parcel Aandth;: owner of Parcel B, respectIvely, each '"P ~ may fclocate and reconligure parking spacesontheinespective properties so longassarne '~, ' remain reasonably accessible to the tenants .occupanis,invltees, ariUguestsof the other parcel 't:,<t? and soJongas the number of spaces are 'not reduced belowsaid.nutrtber. .1ly;'l1'ilCOnragW2tttill~ ,~_~UdtlOiHit'j'Dliml!ierwdf.i$p1i~iilFreqUrre1JiPi:ree~'Wtjit~,ttj1ffi!'fifinf'i1i'e"~et'6fjinic"';<!.< ~o/~tItl~t'$limURga~ij~I>6'Hlt'/!11'iGtliemrgeffl .3. In~ress nnd EVress: There is hereby ,granted over and uport each Parcel, as servient ten~ment, for thebeneflt of the other Parcel, as dominant tenement, pedestrian and vehicular ingress and egress easements for passage across the conunon property lines or the property and access to parking spaces as contemplated in Section 2 of this Declaration. 4. MainlenHnce: The owner of each Parcel shall remain responsible for tht maintenance of lIS respecllveparking areas aUts solecosllladcxpense, and shall keep and maintain the same in good condition and repair, with all striping and pavement maintained in accordance with llpplicableordinances of the City .ofC\.!pertino, the conditions ohny use pernlits or other restrictions applicable to the respecliveparcel. and consistent with the terms of this Declaration, Neither party shaUhave a right,of contribution from the other party for normal costs of maintenance and repair of improvements of parking areas on such pany's OW!\ BIIo'llNS'Jl 119171.1 -2- IWl7196 . .-. , , ," ,. . . . .., . ......" ':"' .,:,...,' . .. _.~...'" ...._...;.:.:....l~~~~".'-- .' i r -( fJ Y ...>....,;1.;;;.JOUO ,J.,-Q~'== ..:> : ._~ ,.. ._.:...-... _. . ,",,' ~. ." '. .: ~.' '; . Parcel. However. if, foUowingnperiod thiny (30) days after written notice, the owner of II Parcel does not cr-ercise reasonilblemaintcnance and repair orits respective parking area, the owner of the other Patt:el shall have the option. upon ten (10) additioual days notice, to enter andper(onnsuchrepairand maintenance, or to.pursue nnyand all other remedics available ar laW or in equity. or both. In such event, the party perfonning the repair on theolbcr party's Parcel shall be entitled to recover the rcasorulblecoslS of such repair andmaintcnanceTromthe olher oCthe lither Parcel, within ten (10) days. after written demand, and if notsooncr paid, the amount of such reimbursement shill! bear interest at the rate ~f ten percem(lO%) per 11lUlum or the highestr:ltcpennilted. iflower, until paid. 5. Character of Enscmenls:The1easements her=ingrantedar= appurtenant to each respective Parcel. and are non-exclusive; provided, however, that neither the owner of Parcel A nor the owner of Parcel B shalla! any time grant to any owner or occupant of prqpcrty other than on Parcel A and ParcelB, orto anypmonin gross, any righl to park vehicles on such Parcel. 6. RulesandRe~IRlioruj: Each of the owners of Parcel Aand Parcel B shall bepennitled to impose reasonable regulatlonsan(l. sigllage on the respec!ivePan:els 50 as to limlrparking 10 theowJ1er~, lessees.occupantsand invitees and guests of ownerund occupants of the respective Parcels. and to resulct others from parking thereon.. The owners of the tWOPllrcels shall meetand confer ftom time to time on the terms and condlliollS of such rules and regUlations, and in case of any dispute between the parties oVer such rulcsand regl11ations, lIie dispute shaU be submitted to binding arbitration in accordancewitli the ru.1es andp[lJCCdurcs of the American Arbitration Assoc;iatlon llnd tbeparties .agreeto be bound ~reby. Theptevallil\g panyin llny such binding arbitration shall be emitled toteCovcrits reasonablealtorneys' and experts' fees and expenses as fiXedbythearbitrator(s). 7. . Effectiveness: The easements, servitudeS. covenants and restrictions set forth herein shall take effect inunedialely 'upon the recordation ~ftbisinstrument, and shall automatically taJceeffectand Ile'deemed grantcdandpassed wlthtllle in the event there shall ever be a severance of tltieofthe two Parcels owned by Declnrant, without requirement or any further documentation .or instrument. 8. lndemni(y: In the event theteshaIlever be a severance oftitleorlhe two Parcels owned by Declarant, each of the respective. owners ofPaceel A llndParcel B, on behalf or~mselves Rnd their respeclivcsuccessors-in.inlerest(eaeh "lndem..'iifying Owner"), agree to 'indemnify, defend, prolect Bnd hOld the other owner,. and its respective successorsoln- interest (each, "lndemnifiedOwner~),harmlessfrom andagainllt any and all claims, actions, causes of nction, sulls.proceedings, costs, eltpcnses(including,wllhoutlimitation,lluorneys' fees and costs}, liabilitiesdamag~ and liens of nny type or kind incurred .or suffered by Indemnified Owner (col!cclivcly, the "Indemriilied Claims~) arising out orin anyway connected wllh any nct or omission of the Indemnifying Owner or ItS r=spec!ivellgenl:;, DWllEUlnJ 119111,\ .3- 10l171\!11 '. , . ~ .' .' . ~-, . -. ," . , " ',. , .., " ,~ . ,'.~,~~<.~: '.,~..,-'H ,',' ," ..:~.~,~x.~. ':"~~~~i'~~t".'! '. _..._c_~-:.t'l:lt.21~~~""'--' {t --10 ~ . ~ ~ =! :.> 0 U 0 ' r a..~ t.:;: '"*' .'. .~..".";'----":"_.. ....... ...... -... ... _.' --. ,'.-' ...... lenants, Conll'm:tors, employees, successors, lIss1gns,gui:SlS, liccnsc:cs orinvill:cs in, Ol' about the Indemnifying Owner's respective Pareel; excepting however, any Indemnified Claim proximalely resulting from any negligent actor omission .of the Indemnified Owner or any of Its respective agents, tenants, contractors, employees. successors, assigns, guests, licensees or invitees. 9.Recordin~: This Declaration shall be rccorded in the Official Records of SlUlla Clara County, California. 10. Govcrninv l..aw: This Declaration shall be interpreled and governed by the laws of tlle State of Cali forma. 11. Runs with Land: Tbe tennsand provision5ofthis Declaration shall murelo the benefit of and be binding upon the owners. their families, gucsts,invitees,lessecs. sublessees.grantees, purchasers, successors, estates, administrntors" executives, .devisees, heirs. assignnnd subassigns, mortgagees, beneficiaries and assignees, includin.\lDccla.rant. IN WlTNES.S WHEREOF, the. undersigned Declaranrhereby executes this Declaralionas of me dale and y.CDrfirst.abovesel forth. I' i I ,I STATE OFCAUFORNIA ) T ) 5S. COUNTY OF S(1)~'/-... t!..L..4:.rt:>....) 0"/0 .,;rct,yr,;. before m~ 'lint!' fiJ.J;;vP..,..... n Notal')' Public iuodfQr saidCoumy.personaUy lIPpcared ""' · pc"QP~l1y knllWIl to.me (or proved to me on lhe basi50f sati Dt)' c:vldence),to be 'the person(s) whose narne(s~rcsubscribcd 10 the within InstrUment and acknowledged to me ~he/thc:y executed the same.iJlSi.iSlher/thelr authorizedcapaclty(iCli),lllldthat by ~lthejrsignature(sJ on the inslromentthe pcrson(' ,or the ntityuponbchalflifwhich theperson(s) acted. executed tbeinsl!1lment. ..W~ESS::~.mr"'" ~/ f . . .' QIRlStllEM.SNEDlllER1 ~c - '.... "CO\I"".' 1\Q31'J38.!;i NDtary Public "~ lOf,\ll'l~E IlH\lATiD tGIII't... CarIlI\. EJ!lo ioQt:r.. BWII!Iln)) IlPIII.1 -4. ..... ...-.': ~; '.>~~:~~.:: ';;f,r , ~. ... .',. ...>~.:.;.":~ ~:~!'.~ ";:.,'<i'::-;:;,:~::; .... .:..2.:l:fk:t. ,: !. . !.... 1- j nVl7IlI6 , , ..:~,~;:,~i~~;. .... "".'. -." ~.,.._z"""...!Ai<'l-!i>>4-~~4i~...~.;.;.4'\'..,., '-~.,~~h.~'''.-' {6-(OG 773,8l36 'Page 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: . SPACE ABOVE TI-IlS LINE FOR RECORDER'S USE AMENDMENT TO DECLARATION AND GRANT OF RECIPROCAL PARKING EASEMENTS THIS AMENDMENT is made to thatcerta:in Declaration and Grant of Reciprocal Parking Easements (the "Declaration") originally executed October 17, 1996 by Eldon Hoffman as "Declarant" and recorded on October 25, 1996 ~ Docwnent Nwnber 13495808 in fueOfficial Records of Santa Clara County, California. RECITALS: A. At the time of execution of the original Declaration, Declarant was the owner of two contiguous parcels of rea .1 property situated in the City of Cupertino, County of Santa Clara, State of California, described as follows: (1) Parcel A as shown on the certain parcel map recorded August 27, 1980 in Book 469 of Maps, Page 39, Santa Clara County Assessor's Parcel Number 326~33-109 commonly known as 20600 Mariani Avenue and hereinafter called "Parcel A". (2) Parcel B as shown on that certain parcel map recorded August 27, 1980 in Book 469 of Maps, Page 39, Santa Clara County Assessor's Parcel Nwnber 326-33-110 commonly known as 10495 S. DeAnza Boulevard and hereinafter called "Parcel B". Both Parcel Aand Parcel B may collectively be called the "Parcels" and each may be called the "Parcel". (Jr~(07 I J..;)O..L...:.)l:l J;"'c;l";:jt::;:':; B. The Declaration granted reciprocal easements for parking and ingress and egress across each of said parcels of the subject property in favor of the other of said parcels. C. Declarant continues to own the real property commonly known as Parcel B, but Declarant has sold the real property commonly known as Parcel A and the owner of Parcel A is now Mariani Business Center LLC, a California limited liability company (hereinafter "LLC"), D. LLG applied to the City of Cupertino Planning Commission to modify the Use Permit for Parcel A to allow the use ofthe buildin,g contained thereon for general and medical office uses. E. On July 14,2003 the City of Cupertino Planning Commission adopted its Resolution Number 6197 approving LLC's application for use permit modification subject to certain terms and conditions contained in the Resolution. F. The condition of approval contained in Section III, Paragraph 4 of Resolution Number 6197 requires that prior to building permit approval..theapplicant shall record cross access and parkingeasements.Qn each lot or provide written evidence that such easements already exist on these lens." G. The condition of approval contained in Section III Paragraph 5ofResolufibn Number 6197 provides that prior to building pennitapproval "the applicant may record a covenant on the property, to the satisfac:tionofthe City Attorney, agreeing that the row of parking bisected by the conunon property line shall be counted. toward the parking requirements, building expansion and land use intensities of APN 326-33-110 [Parcel,B], located at 10495 S. DeAnza Boulevard. Nonedfthe spaces in this parking row shall be counted towards the 'parking Iequirement, building expansion and land use intensities ufthe property to the west, APN326-33-109 [parcel A), located at 20600 Mariani Avenue," This Amendment to the Declaration is intended to satisfy the requirements of the conditions setforth in Recitals F and G above. NOW, THEREFORE, the parties heretongree as follows: 1. The provisions of Paragraph 2 of the Declaration are hereby deleted and the following substituted in their place: Parcel A currently has 41 parking spaces and Parcel Rhas67 parking spaces. There are.14 parking spaces which are partially on Parcel A and partially on Parcel B (hereafter called the "Parcel B Divided Parking Spaces"), which spaces arc shown on Exhibit A, attached hereto. The owner of Parcel A and the owner of ParcelB, respectively, each may relocate and reconfigure the parking spaces on their respective properties so long as same remain reasonably accessible to the tenants, occupants,invitees, arid guests of the other parcel and so long as the ( r -lDt . II..H:l.L3? ~age q number of spaces are not reduced below said number. Any reconfiguration o~ reduction in number of spaces shall require the recorded written consent of th~ .) owner of the other Parcel. 2. The Bank ofthe West and Wells Fargo Bank are nalanger beneficiaries of deeds of trust encumbering either ofParce1 A or Parcel B. The Declaration is amended 1:lY eliminating the requirement that the written consent of the mortgagee of record holding a mortgage or deed of trust encumbering either Parcel A or Parcel B consent to any modifications of the Declaration. The parties agree that the modifications to the Declaration contained herein and the terms and conditions of this amendment do not require the consent of any mortgagee of any mortgage encumbering the subject property or the beneficiary of any deed of trust encumbering the subject property and that no mortgagee nor beneficiary need consent to this amendment or any subsequent amendment to the Declaration. 3. The parking spaces on Parcel B and the Parcel B Divided Parking Spaces shall be counted only toward the parking requirements, building expansion and land use intensities ofParcc\ B and none of the Parcel B Divided Parking Spaces shall be counted toward the parking requirements, building expansion and land use intensities of Parcel A. 4. The tenns and provisions of this Ame'ndmentand the tennsandprovisionsof the Declaration shall inure to the benefit of and be binding upon the owners, families, guests,invitees, lessees, sub-Jessees, grantees, purchasers, successors, estates, administrators, executives, devisees, heirs. assigns and sub-assigns. mortgagees, beneficiaries and assignees of the parties hereto,. 5. 'Except as may be inconsistent herewith, the terms and provisions of the Declaration are hereby ratified. approved and incorporated herein by reference as though set forth in full. In the event of any inconsistencies between this Amendment and the Declaration, the provisionsofthis Amendment shall control. [continued on next page] l f - (~ ) I '~l:'-L~b io'age::> ~ IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the dates set forth opposite their signatures. 3- 2Lj-Q~ E~~4-- "DECLARANT" Date; "LLC" MARIANI BUSINESS CENTER LLC a California limited liability company By: r10 (lU) u Name: AN DRIW Q (,UU Title;MANlA~e>f' . Date; 4 - 7 - 0 Lf-- ~ .trJ.tA JANli W V\ M~~. { r -{ { 0 1_' JO.J.....JO .J:"'c:t'::tt:: 10 ::<: CALIFORNIA ALL.PURPOSE ACK'NOWLEDGMENT Slale of California County of SA\,} ti.Ak 1nA'5CtI On n1A~ ~ \ I dt OOLl ,beforeme, 0316 personally appeared ~l-\)O~ R. ~...'.--.. ..--.. ~. C HU:. GJ~ ~ --.N~~ '. _ '.' Comrnmiont 12SS1D' D ~.. Notay NJIIc - CalIfa'rC ! r__~~~~t ~c:w:.No\D1')' SfJOI.l-Above } ss. \ Gt(\A~ .sTf:ll\ Ub ~~ ;;;:J 1\.1.01 Ol!i<<!r 100.,".1<1"" 000. No",,"! PuOl.,.) Namels) OIS'llnoo1$} J(personallY known to me o proved to me on the basis of satisfactory evidence to be the person(\) whose name~ is/~ subscribed to the within instrument and acknowledged to melhathei'3I,::./t1.e:..y executed the same in hisfht:IIlIlBh authorized capadty(~, and thai by his~' signature(1iij on the instrument the person~. or the entity upon hehalfof which the person~ acted, executed the instrument. WITNESS my hand and fficial seal. . r .... . OPTIONAL ThoJJgh the mformaticmbelowis.nol required bylaw. it m~y prolfB valuable 10 pursons relying on the document and cotJId proven/ frolldulon/lllmov;JI and (osltachmonl of Ihis form 10 ana/her document. Description of Attached Documertl .. ~~ .' A ~ ~ TrtleorType of Document: ~~f~t\~~'~IO f6LA~.~A~ . '~~-r tE- ~rfl.o L ~R~ -' .. 16 '., ~S Document Date; Number of Pages: ~ Signer(s) Other Than Named Above: Capacity-(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - TrUe(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer ls Repreaenling: .-".;- ~o~r lh~~~ere i'-:". . .c. ... ~. t . (.. .. .r., to : .~ r:;:r~:~ :.\ e..;;.. ~.. ~~_.7'i;) /~'.:;l"".1WI.:. J... ..;-: ~""l'" 1-:',~:""""'\' . .,'1.[ <:lJ:" .~. , \<..."')" ~~;;Z~~!.. . ," o 'Q99Na~~~" a3SO 0.50&0 "'n.. PO'8o. ~4Q2" Cha~ ~;j313.2W .wWw.-.uoNRM.Iryorg Ptod No.61lO7 R_ .C..l....fl..I~~ .~ . ,"", / r - {II II-,o.l...jtJ rage I .CALBFORMDA Al.l..PURPOSE ACKNOWLEDGMENT !r-: State of California County of -=:x~ ('.lwe..... }so. On Of ~ 2-c "DY, . before me, DIU f kN."'1.:uL~ .<, l.L..\~ l\.l ~ . Nainaandl& of OllloIr/a.o.: 'JaneDot. NOlllry PubUo" a. 1'1. Y\ ~ V1rO(ot......) LV'^- , NIlmo(.) tltSl~'1 ~ personally known 10 me o proved to me on the basis of satisfactory evidence to .be the person{s) whc:se name{s) klare subscribed' to the within instrument and 'acknowledged to metha~ePme/theyexecuted the same in ~/~r/thelr au~orlzed capaclty(les),an.d that by (!gsft\er/their slgnature(s) on.the instrumerttthe pelSon(s). or the ~ntfly upon behalf o(whichfue person(s) acted, executed the Instrument personally appeared "3 L\. nL W v- -........-------------f r' - . . - - . ~ - . OFFICIAL SEAL '\;;:.. . TAN.YEL B. SHELTON -; ~ NOTARY PUBLlC.CALlFORNJA .~ ~ ~ i.... COMMISSION # 1261285 - , ",,' SANTA CLARA COUNTY 'U' "My Commission Exp. April 20.2004 P\;I ca 1101."". S...Il\bcrvs " WITNESS my hand and officiafsea1. ~, ,!)Oh?il/d, ~ l..dt-t- , 5igwun1 01 Dill)' PubUo OPTIONAL TholJghthe Information below isnct mquIrrJrJbyJaw, It may prove l18/uabl/ttr>persortl. relying on the dor;um/lnt , end r:t>lJld,pravMt fraudulellt llImovalllnd TDlIttBchmBflt ef thIs form te BflQthfjrdQcument. Description of Attached Docuwent 11tIe or Type of Document: {.J-, 1~'nt1rY7t;?/J ..J-o 0,,<, fl (1..{u.A-!. (IV'> <\ 0Cev4 Document Oaie: /-, ~ /o,qJ, Number of Page5: L/ Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer Signer's Name: o Individual o Corporate Officer - TItle(s): o Partner - 0 Umtted 0 General o Atio.mey In Fact o Trustee o Guardian or Conservator o Other: Tap otlllumb hare Signer Is Representing: iI<Z .""^'~. -~ - .'i;<I:j - , :.:t_ tll111~ _lIctloy...........,. D~O. ""' _. P.O.:S", ~0&02. CIIouWlU1h CAQt3I:1o~4lr, .----l'loWy"'V -.""-""'" ~.......-~ .:;"uc*'- ~ ~r: Cal101l.F,.. ~oCoo-I7U8:%T I 0- ~ (f L GAY LAWRENCE PANG, C.E., T.E PO BOX 4255 MOUNTAIN VIEW CA 94040 (650) 948-1030 FAX: (650) 941-PANG r:::I Exh-b-t c I~i PANG ENGINEERS, I I ,:,~<":~:_JI TRAFFIC AND TRANSPORTATION CONSULTANTS 0610 June 13, 2006 Mr.Glenn Goepfert Assistant Director of Public Works CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 RE: 10495 N. DeAnza Boulevard Cupertino, CA Dear Mr. Goepfert: Pursuant to a proposal on or about May 25, 2006 and authorization to proceed on or about June 7, 2006, we have visited the project site and reviewed the applicable information which will retain the land use as an office development site but with an increase in intensity. The objective is to provide the appropriate Trip Generation Comparison of the proposed 60,000 square foot offices with the existing 26,389 square foot building previously occupied with offices. EXISTING CONDITION The subject site is located at the southwest comer of the DeAnza Boulevard/Mariani Avenue signalized intersection, and consists of about 26,389 square feet of gross floor area (GFA) of an office land use. The project site is bounded on the west by a building with an Acupuncture Clinic at the southeast comer of the Mariani A venuelBandley Drive intersection. That facility is connected to the project site with a cross easement access within the parking lot. Further westerly is Bandley Drive, a two lane north-south collector street with a posted speed limit of 30 miles per hour (mph). To the north is Mariani Avenue, a two lane east-west collector street with no posted speed limit. Northerly of Mariani Avenue is a building occupied by Apple Computers known as Mariani One. To the south is a building occupied by Apple Computers know as DeAnza 7. To the east is the 8 lane north-south major arterial street of DeAnza Boulevard which has a posted speed limit of 40 mph. Easterly of DeAnza Boulevard and south of Mariani Avenue is a building occupied by Apple Computers known as DeAnza Three. The next southerly intersection which is signalized is at DeAnza Boulevard and Lazaneo Drive. -1- ( t--(j] TABLE I TRIP GENERATION COMPARISON LAND USE UNIT TRIP DAILY RATE TRIPS AM PEAK HOUR TRIPS IN OUT PM PEAK HOUR TRIPS IN OUT PROPOSED PROJECT: 1. Offices 60,000 sq .ft. 11.01 (a) 661 88% 12% 17% 83% AM 1.55(b) 82 11 93 PM 1.49(b) 15 74 89 TOTAL PROPOSED PROJECT: DAIL Y AM 661 82 11 93 PM 15 74 89 Page 1 of 2 #0610 6/12/06 i..~ PANG ENGINEERS. INC. .:..,-" TRAFFIC AND TAAN,SPORTATION r..ONSlJl TANTS fB -fI Y ".:.,e..c I"" ._,,_.,.,", " '_~;\-1,jA../' Il"r1h't/V'-\ GENERAL STATS 0-!" ,I(/l,-"r',,\...-- ,___",,-,,"1/' ;1 ...~..... ,. <t. V . ..J SITE AREA: 72.241 SF \-1 BLDG. ~EA.; 60,000 SF (20,000/FLR) L OFFICE I (1.656 ACRES) flOORS: 3 DE ANZA REQ'O SETBACK: 50' F",,' .S3 __:II7:J PARKING CONSTRUCTION TYPE: V-I HOUR REQ'D: 210 STAlLS (3.5/1000 SF) OFFICE BASIC: 14 (' PER 2S~ SF) -~ ~- ____M__' - QVIr'\""/""'I:-N=f=A'lv'~-=---= FROM 15'Dl0'\ ~ R~~~..J:\ - ~~ -- ---p- \ L~:W'" >T'~ '~ .~ '----.. ~:s-~ ;~;i~ ~!~~ ............---\\ ----\ '1/ .~;;'~ /' \ nmn____n_nn ---'"...."'lo. _ I ~ ~ ~.... ~-- ~--...=- .,'i"1.~. -" ~ , """"""..:;'11 _,.be + - - _,_ u u__ ~:-- -~ '" ., ., j I '=- , '~ 1- (~ : l I I I" ~.~ _m '--" I -:1 urm--tr um-mO;;:---~~-~- \~ - ;,t:'In L "... ....... "'.. ".... 1.'-1' l ~ f--, : FjPtOVE (El, I ~ '" E7"If 92 STALLS ~ TRASH[..J I ~ ~ I f-:tliJt-EE I \ 0V - I----- ....... ".... ...... N RECYCLE , ( < OFFICEr __" -- -- "- :- l' - >-- ~ - - - h - - -....; r--~~:--:- 2 ; "=E' 1 1 ~ ! ~ i ,/ -;,~-': /-,~~\ ~r--i / ~~.~~~J1. l : !t ~ 1= h- """d1lii! :}.-i ~ i!\ ACCESS ---;- 1', ~ VEST ~ ~' rJ , , \ ft', HC -ie- --, V ~__; ::,' lREWS_ n :: I i::"' " 11, - \ I r~f' '. ----...... n~":' , "- I I f- oj ,{: ; / L \ ilGNANCE II! ' ~ ____J- I ,~t:\, l L.i......u ,,' r---i+ EDGE:F 9 u I ~ L 'p ~' < (' I' I' .;;~.~ l.f 2""~ ! i=+i ~ ~GE 12 ~~ ..:;r--, - - "" OVE (~l\.I.r: I =r "', l'-\ ==::: ~,------c- " "TREE \ I I ". . I M30VE RAMP . \ ~ I _,,1.1._- '- , l .",- 1f"- : -- ~- n:r,:'; , ~ '= ,__ _ _1hDnr1 '" ~,w,:07r--" "~~, ~r ~ '-'--' 11\ loll . 'lJIIllllU-m I 'I ~ ---</ - ~ .' , ,rn 'eJct :Cu~~:;\J~ ~~~~ ~~- _~~ -~~r.::~l,' ~ ',:,/\ ....I'~-';. .,;" ..... 't;-.. 13~~r---"i'-I~:~.~ '----.../ ~ :;;.. ::',.~ ::;.~ '.'~ ,,'.~ ,.. ~ . ,'" l;~ ~;;"" , 1\ 'S~ ,~'O 'HI '("SH ,..AS>< I I ~~ '" "', ~~~\~ I I I , I , I I o====--="'" MULTI-STORY' SPRtNKlEREO: 2 SIDE-YARDS- OCCUPANCY. ( ~IF( ; D~-O ,,.......,. r)/ ;2/'V,.../Y>";'/ ..., r~, '~; (.~L./{ ~~~ .ti .' 'i~/ ."/;;'; ;'V......L \. v~ ,000 SF 28,000 SF' 56,000 SF (~~J~E) B (OmCE) 92 STAllS ~~ ~j~~ 216 STAU.S (3.6/'000 SF) y PROPOSED: AT GRADE ~:~gi i~ PROposm 117' o' ~~=-~ cP_ ~ .-----(}-- - ~ \ - -- \ ,;!../ <> .1 AUG-02-06 11:16 AM PANG ENGINEERS INC. ,.! .:: t . ,,) ',! .;,~ . A '!I ~'1 <! . ::j. ',..1. QAV ~~.f""r:1i JW~~ C E T E J .1 . .j: '<I . ..t. .: ,.~t ,\':1' .;.1 ~ . 'J d . :;I.i'.' .. .::' ,""': ;"';:;11 . :~.} '. ':'1' .~~., ""ii}. . " ,1'1- ,,<; t~~. .:," . ':~'~..' J ;~. . ,~ ...\~..:'. .,: . '~. ,. . ~,{{. '. . .. i .' n . . :~;. . :D' ", '-..,":,' . .r~. .,. 1 . .:,~ ..::.t ". ,L : ,:';'I.f .. t ]1 ...i:;1 "~J' . ~.~i . ~'~"" . .~ ' .t ..... .... ;N~~X v~~~ . 't :', CA, 9404(; "\:. I ','.1., ":.\.1 :J . :~>'94B'1030 FAX.~fQl94' PANG .tt' .":iut '.", 0''''''' " .~; ',. "0:~f' .{ 650 9< Exhibit 0 l'b:.:I~ANq ENGIN~"ERS,..,Il~~. -~ TRAFFIC AND TRANSPORTATION ~ONSULT~NTS --"-- ._-,.._.,.,..........'~......._---_.._--._.... , 0610-2 August 1, 2006 Ms. Ciddy Wordell, AICP City Pl~u1l1er CITY OF CUPERTINO 10300 torre Avenue Cupertino, CA 95014-3255 Re: 10495 N. DeAnza Boulevard Cupertino, CA De'll' Ms. Wordell: Additiunal Tr;;t[fic Eng.ineering information was requested at the Planning Commissipn' meeting of July 11,2006 which would supplement the letter report dated June 13,209(5, for the ~)roposed 60,000 square foot office building on the southwesterly quadrant of the DeAnza Boulevard/Mariani Avenue intersection. Pursuanl to a meeting with City St~ff on July 14, 2006, we submitted a proposal for the additional engineering services.oil . July 17,2006 which was verb;;tlly approved. ' . , The additional work includes responses that are either qualitative in nature ancttor estimates that provide quantitati ve information, The comments include responses to ~hc . following: 1. Provide new intersection tuming movement counts at the N. DeAn:la BoulevardlMariani Avenue signalized intersection. 2. CO\l1m~nt on the estimated trip generation for the proposed 60,000 square fQot office building, and the estimated trip distribution, especially towards Band1ey Drive, westerly of the project sile. 3. Evqluate the existing and [ulure (with project trips) queue for two locations, one for the kft Lurn from Mariani A venue eastbound Lo DeAnza Bouk vard noi-thbound, and .' the other the fourth lane or the outside thru northbound lane on DeAnza Boulcvarcl whicb becomes the right turn lane at the 1-280 on-ramp. 4. Ottier operational issues. ,.'t. Ii, "('/ J ',.:.., . .{J r ;b /i~> ".....::'~:,".:.,.,f', ,':., , . . ~~:'~.j AUG-02-06 11:17 AM PANG ENGINEERS INC. ,~ " .;1, l ;';j ,:1 'j .f " 650 9417264 P.03 .: l . ..~ INTERSECTION COUNTS ,) , :,j ..\ ';;~ ' J ~;t ;1 '~l ' {\ ,'I 'il! '," , it. . ~~ . '(' The N. DeAnza BoulevardlMariani ^venue intersection was counted on Wednesd~y, July t 9, 2006 for the 4;00 to 7:00 PM peak hours, The peaking characteristics w~rc expected to bridge beyond the standard 4 to 6 PM peak period. Turning movem211t count.s were not required for the AM peak period since the perceived congesti9i1 normally occurred during the PM peak period. Level of Service (LOS) cakulation$ were ,'also not required due to the small and insignificant estimated trips frorn the proposed project. The peak hour occurred from 5:15 to G:15 PM with 5,180 vehicles traveling thru the' inters,Gction. The 5:30 to 6::10 PM hour had 5,101 vehides, while the 5:00 to 6;PO, PM hour had 5,034 vehiclc~, Thus, the peak 60 minute period could occur wilhin the 5:00 to 6;30 PM time frame. Of particular note. is th~ Muriani Avenue eastbound to northbounclleft turn movcTt\t:nt, wherein there were 413 vehicles durillg the peak hour from 't wo left turn lanc5, The northbound Dc Anza Boulevard thru movement shoy;'s an arrival volume at the intersection of 1,626, with a departure volume of 2,236. .., ~! ',"'( , I ,,01 ' i.1 'I' .. ~; .' t " ,) . TRIP GENERATION AND TRU> DISTRiBUTION . ..~~, ::, "I' , ~, .~. " .:~:~ ,~ .:.~:~. ...:' The ~stimatcd trip generation had previously been reported in the letter report dat~d June i 3, 2006 on Table I. The proposed project is expecled to generate a net of ~2 AM and 50 PM peak hour trips with the "trip credit'" from the existing 26.389 squai"e foot Mrice building. The estimated gross trip generation is estimated at 93 AM apd ' 89 PM peak hour trips. FOr purposes of cstirnaling the trip distribution from the" project site towards B<lndley Drive and <lcross the existing parking lot westerly of the project site, the gross trip generation is utilized. The westerly adjacent parking lot with th(; "Acupuncture" building has a cross easement for vehicles with the propos~d project site (Rcfc,rence:Sand Hill Properly Company). Since one of the access poirits to and from the proposed garage is on the westerly property line, there is a likelihood that apol'tion of the estimated PM peak hour trips will egress and ingress to and from Bandlcy Drive. Based on the tuming movement Counts at the N.Dt:Anza Boulcyard/Mariani Avenue intersection, apl-lfoxirnatc1y 6% of the PM peak hour trips could,be attributable towards Bund1ey Drive. If a maximum estimate of 10% were utjliz~d. then the estimated trip distribution range would be from 5 to a maximurri 0(9 total PM peak hour trips to and from Bandley Drive (Refer to the Trip Generation a6d Trip bistrihution Estimates Plate), ' , j~ " ,;~ ; ~ :~,~; ,,~ . '}.t " ' .: r~,. ,,~ J'" '.' , :t~. ..... ~~ . I . ji , ,-I,i. '", , JJ:' . ,it",', ',:.~, " "-,1' :\ .'h' . ,], '? ' '::~i} i , ., ~~.' : ).. " , . \;'.... ;i~ "$!~" ;\i;. . .:.;~ ': .~. -:. .:: ~:~~ " ',~ ,;,~,'l' " ' ,;~ . -2- " ':) ;i g~~~c~~U~S~d~ (" 'Jt (I]' , . .'-- . ')','. '. '1, .l~.~.~. . ).~: ':..... AUG-02-06 11:18 AM PANG ENGINEERS INC. 1 . ;'~~.l:': . ....1 . ll.... .~ ". .'~; :J' ,it" .' '1 .... ~.f ~ :t . '.~ ) .,.' . .:), ; ,<:" . ~! 7' 'I ";i~ 7 I.. , ,'I :'};. . '. :!~. :, ::i", . -~~: i,~:':~ f ~~l. :~'., ~ r' /:.i .~.'. ,~;' :r . t 1 :} .~. . 1.1' :::~.: , :.,t- "."'!. \ ul .~. J{:f, )...... ...,:1). :Jt'( ,f~ . '~..'~ :',' ~ . ~~ .~: " ,.:~ .!: 'i~: ; ,j . ,. ~::~r ,',,:, '.' ;1 . . l~! '. :} , ;'~ ", ....~ .:. : :'} .... ...~I;,':'..: :. '~.!; ~ . ., <~:' . ':Jl, :;;: 650 9417264 P.04 Based on the PM peak hour tUl11ing movement counts. the. remaining 907c of the tdp distributiOn at the N, DeAnza Boulevard/Mariani A venue intersection is estimated as follows; : Mariani ^ venue, cast of DeAnza Boulevard;:; 5% or 4 trips; DeAriza Boulevard, north of Mariani Avenue;:; 45% or 40 trips; DeAriza Boulevard, south of Mariani Avenue;;;: 40% or 36 trips. 1 . The proposed project approach volumes for the PM peak hour from Mariani Avenl1e eastbound is estimated as follows: Left Turn = 33 vebicles; Thm.~ 3 vehicles: Right Turn = 39 vehicles. EXISTJNG AND FUTURE QUEUES To supplement the actual turning movement counts at the N. DeA~zp. BouJevardlMariani Avenue signalized intersection, a field rcview was conduqed during the 5:30 to 6:30 PM peak period. Additionally, a sample of the signal timi~~ for e~ch relevant phase of the traffic signal was obtained and compared with the signa; timing provided by the City of Cupcr1ino Department of Public Works.. '. The ~arnple $i gnal Liming had a range of cycle lengths between 125 and about 140 secOlids. The cycle length of 140 seconds corresponds with the: City's signal tlrniN~ information of a maximum of 140 sec;onds. If the entire peak hour had maximqI"n . cycleJengths on each and every cycle, there \vould be abom 26 cycles per hour. There were, about 29 to 34 sample cycles observed for the different movements whf~h implies that not all eycles were maxed out to 140 seconds. Indeed, obscrvati~ns indicated that there were pedestrian movements which caused the signal cyde to revert to main street green, i.e. DeAn:i',a Boulevard with less than the maximum cyCle length, For tJ1C Mariani Avenue left turn castboui1d to northbound N. DeAn/,a Boulevard movement, there arc two existing left turn lanes. The two kft t~lrn lane~ are each l~O feet In length with a 60 foot taper. The tangential portion of the left Lurn la~es currently end just westerly of the existing driveway into the project sitt: on the so~th side or Mariani Avenue, wilh the taper ending at the ex.isting Apple Computer dri veway on tbe north side of Mariuni A vt:nue, Parking is permitted on both the north and ~outh sides of Madani A venue from the rt'-specli ve south and north dri vew4ys ' westcrly to Bandley Drive. -3- Q~~~~~lJ~~~ ~,. . ..:: .;~> ,:' . rf,~(l r '''';.' 1. '0.''- ( AUG-02-06 11:19 AM PANG ENGINEERS INC. j . .....J . :\~ .1 ' . 'I';, 'if. >. ' .,.~ .: "/,1. '~'< . )~ .)t' . .[ ..'~" . ~~ " . .', . .~ . . 'i.}' . " .~~ ' ." ;, ,',' .( ". ~. ].i ~ ' ~l .. ~m. " . :Jl'.' :~;) . ';".:~' ..; 4 . ~~; .... .~I.~ > :::ti · ....;..:' ',' .~? ~', "'1' ".j;' . :il~ I ,:~, .. "!,~':i . ,:,J: : . I,' .-'~:. .~? )' .j: :':~,' fJ. :. :' ~, ~" ::1:: '1'" ",: ...~~~. :~: <t'. .....:J1: ......~ ',:~ . i.~.~~~ ~.: .'..: . ',of; .. ','j' "'!!l '.::l.!' . ., .~; . ~ ~;. ., ',: .. .,~r . .,:. . " . ,;. } 650 9417264 P.05 The, expectation was that there was a potential vehicular storage of 9 vehicles in c,ach 'of the two left turn lanes, with an additional one or two vehicles in the t(\per portion of tPt: left turn l~nes. Thus, about 20 to 22 vehicles is the estimated existing storage. In conlparing the sample signal timing ror the Mariani A venue left turn hlOvernt~rH with the City's signal liming, t.he results were as follows: Obscl~VC'd = 20 seconds; City's::: 25 seconds for Maximum l; City's == 30 seconds ror Max im.un'J 2. Thus, the current tranic signal operation') is utilizing about 20 s~conds) or less than t~)e Maximuri1 I green time of 25 seconds ror the M ari ani A venue lert lurn movement. .' I'" . Field observalionsindicated that the existing operations had ahout 15 of the 29 cycles, ,or' 52% witb a queue exceeding the storage capacity. Additionally, there wcte some left tuming vehicles in the oUlside, or second left t.urn lane that desired to entcr thc'fo1.irth tqn1 lane on N. DeAnza Boulevard even though there was no apparent storage length avai1aQI~ during some cycles. These vehicles should have continued northbound on N. DeAI1'z? . Boulevard in the third thru lane and merge into the fourth lane northerly of Madani Avenue. 'Severa] reasons for the vehicular backup were apparent. There were up to thI~ee cars parkpd on the south side of Mariani Avenue in the combined thfLl-right turn lane whh' some of the drivers walking across N. DeAnza Boulevard to lht: BJ's restaurant. Tpe signal timing utilized about 20 seconds but could have jncre.ased the green time to the Maximur)) 2 or 30 seconds or even more, to clear the. Mariani Avenue eastbound tt;affjC. There is oot an apparent ability to increase the JcfL turn storage length due to the existence' of the Apple Computer dri veway on the north side of Mari ani A venue. The proposed project is expected to add about 1.3 left turning vehicles pcr cycle during the PM peak hour on Mariani A venue eastbound to northbound movement. This. i~ consicler~d a less than significant impael. Thus, thl;; recommendations are as follows: 1. Retain the two left lurn lanes on Mariani Avenue and the existing lane striping. . 2. Prohibit on-street parking on both the north and south sides of Mariani A venue fro,n) Bandky Drive to N. DeAn/,a Bou.levard by adding "No Parking Any Time" signs. , ' 3. Revisit the signal timing by increasing the amount of green lime for the eastboundl~(l turn r'novcment on Mariani A venue' to northbound N. DeAnz<l Boulevard from t11e observed 20 seconds le> eith~r the Mclximum 2 or 30 seconds, or even more, to c1~a:j. this hdt tLlrn phase. -4- g~~~~~~~ r : !. . . . let.., (' (7 .,',... . . - ,...... . i' " . '. . ~ ,. -)~ . ( ,:....':,.. ..;;;1,....",., :,,::t " Il' AUG-02-06 11:19 AM PANG ENGINEERS INC. P.06 ':'lj' ,', , ,", .. ':~ '.I .'. ,~i . ',4' ,::f$. ":, ~~,: .;', , ~,t i . ~~ ' ',~~ .: 11r . >1 : , ~( . ~.; '., l,!~ "~ ,. f '~t ': ,'~ , ."'~;' :t. . 'I "',t " I;,:, . ~~. 'i\:~, ! ,:. ,~ ," Y'l' .:~ .. ':;'~,i , ,;:il,\' ",:..:~ ".,;::1 .. :j; '1:" .:,. " , . , . ',. ':c~,,;' 'p.!."",',\ :, :i~ ~ I ,t .Y, ,.' ~)1': ':! ;~~ '~~ ~ :;;l'~~ ) , ....~..... . 'l ,! ,~;} ~ '." ,";, ; , ,,; . :". ',\ 'J ". ,.. ~, ' ~ '. ~! ' : ,:J '" , ~.~' :( l; .ia,~ .. 65121 9417264 The second major movement evaluaLed is the northbound thnl movement on N. DeAnza . Boulevard (Refer to lhe aerial photograph), There are four thru lanes and a left turil l~Jic for the approach on N. DeAnza Boulevard at Mariani Avenue The outside or fO\llth lane operatesas the eventual right turn lane northerly of Mariani A venue at the 1-280 on ramp. . Along the cast side of N. DeAnza Boulevard immediately northcrly of Mariani A venu~ is an office, building, then BJ's restaurant with one very LighL cornbined in and out driveway preccckd with a bus duckoUL, Lhen a private access road to Apple Computer Headquarte,rs, to arri vc at the 1-280 on ramp. The total distance approximates 1160 [eetfr<.lln' 1-:480 southerly to Mariani Avenue and should accommodate about 58 vehicles, Field ob$ervations confirmcd that there is an appiuent backup iSS1l8 for the outside or fOllrth thru lane on N. DeAnza Boulevard northerly of the N, DcAn7.a BoulevurdlMariuni Avenue Intersection. About 15 of the 34 (.lbserved cycles or 44% had some backup into the inter~ection The maximum hackup was four vehicles, whieh often clearedrapictly . with a c11ange in the signal phase. Most of the backups were O[)C or two vehicles. There art several reasons for the backup into the intersection, The fir5t is at the 1-280.on . ramplN. DeAnza Boulevard signalized intersection, where there is a p05tcd sign for "No Right Twn On Red" from 3 to 7PM Mondays thru Fridays The second is the merging traffic from the outbound Apple Computer private road with the traffic in the fourth tryr\.i , Jane on N, DeAnza Boulevard, The third is the BJ's restaurant driveway on N. D~Ania . Boulevatd which appears substandard for the inbound movement. The congesliQl1 at the .' driveway was a constant. For example, it was observed that inbound vehicles w~rc stacked ~} the bus duckout and at limes prohibited the Santa Clara V alley Transportat~on .' Authority (VT A) bus from entering iLS Own duckout. The restaurant has attracted mallY customers especially during the PM peak period, However, the on-site parking appe~rs insufficient even with valet parking. BJ's driveway on N. DeAnza Boulevard appears 'to . operate ipcfCiciently and causes many vehicle~ to stack on both the bus duckout pavement. and the fourth northbound thm lane. The fourth reason is the approaching vehicles 'on northboqncI N. DeAnza Boulevard sometimes enters the intersection and remains in the intersection until a change in the signal phase, The fifth is the right lurns from Mariani Avenue ~estbound to northbound on N. DeAnz\;l Boulevard, where drivers turned into ~.he fourth lane even though thcre was no apparent storage length. The sixth is the U-Turr'\s from southbound N. DeAnza Boulevard to northbound N. DeAnza Boulevard at Mari~ni Avenue, where drivcrs insisted on entering thc fourth lane to either enter the nrs restaurarlt driveway or to remain in a long queue for the right turn movement at the 1-280 on ramp. Some of the above reasons occurred in combination with each othtr.' For example, thc worst Case would be a left Lurning vehicle [rom Mariani Avenuc castbound into the fOllrth northbound lane on N. DcAnza Boulevard, a right turn vehicle from Mariani ^ venue westbound to northbound, a soutllbound N. DeAnza Boulcval;d, U~T~rn upon a signal phase change, and a N. DeAnza Boulevard northbound thru movement across M'ariani Avenue. -5- 1iI.~~~~_~ :/ Y--I )D":'.'., .. f 0 ' ~ ~~' ~ ~, ''*I: . '~,:1~~~', AUG-02-06 11:20 AM PANG ENGINEERS INC. )if ...,!{.. . ill :: .:,.t{. .' ",~:,,;, ,,', ,. .,:,i/. ..,. '"1 \!' .~~. ....~. ',: .'.~J ... . .~ '".' C)' .: "~ ': ';;~.... ,';'c,. '. '.oj . ~ . ~~.. ':~' ":i ' )l .... ': ,"", . '."'f~ ::;.. . :3} ,::" }, , . \:~ " ::i; ;1 ..... ','\1 :' : I~~. .:; . . 'I: ..;.;1' , ; ."~ .. ":.:~: ";, . ;~t .;~ . .;f . . :..:!if. ;;.': :.:.., ~. ',:~ : " .....( ...., :.;.,. ; :. ~~' ' "J".. . ~ .,~,< :1 ~' '.r. . . ....,i~ ." If :".:i1: 'J. . :~!' . . . J'~, ,:' ..:j :~ ". ~"' ;:~~ :;. .. '.~ . 'j~ .~ "1> .~t .;. ".Af 1i.:i. ''1.(,1- . 'i~ . " .3' .: '..\.,~' ... :~ '1'" ~ ': '. .~~ ''; .:.:;~( ;,....'13" .... ..lI .~ 650 9417264 P.07 Thus, reGomrnendations include the following additional considerat.ions: 1. Add ,"Do Not Blcx:k Intersection" signs on all four approaches to th<.~ N. DcAnza Bouley ard/Mariani Avenue intt:rse<.:tion w 1th emphasis on the Mariani A vertLlc eastbound left turn movement, the Mariani Avenue westbound right turn mOVeme}lt" the N. DcAnza Boulevard southbound U-Turn movement, and the N. DeAnza Boul~vard northbound thru movement. Provide polke enforcement durirlg the p'M peak hours, . . 2. Consider prohibiting the N. DeAnza Boulevard southbound U-Tums at MarhH1i A verlue during the 4 to 7 PM peak hour~, This suggestion could increase the qu~uc for toe left turns on Mariani Avcnue c:a,~tbound to northbound N. Dl:Anz.a Boulevard, 3. Provjdc a more in-depth evaluation of the operalions of the BJ':-. restaurant driveway' on N. DeAnza Boulevard with the possibility of closing the driveway entirely, ~ or permitting onJ~ right turns out, with the primary access relocated to an existing driveway easterly of the office building on the north side of Mariani Avenue, just easterly of N. DcAnza Boulevard. The latter would require a crOss easem~nt . agreement between the property owners, jf one is not already in effect. OTliER ISSUES With the observed backup at the N. DeAnw Boulevard/Mariani Avenue intersection, it is. . suggested that the City of Cupertino review the accident history at this critiCal intersection and note the actual accidcnt.s and the near accidents, if any have b~~i1,' reported. Increased poli<.:e enforcement should alleviate the congestion within the intersection during the PM peak h<Jur~. I Additiorially, the City of Cupertino has previously upgraded the existing traffic signal' at . the N. DeAnza BoulcvardlMariani Avenue intersection with 100% Liquid Emiuins. .' Diodes (LED) for all red, yellow and green signal faces, LED's for the pedestrian facb, American Disability Act (ADA) approved push buttons for pedestrians. and 'an uninterrUpted power supply (UPS). However, the controller cahinct at this intersectiph was fnstalled in the mid-1980's and there is an apparent deficiency noted by the CityCif Cupertino. Thus, it is suggested that a full upgr~de to a "state of the art" controllt:r cabinet be implemented as soon as practical. ~. . -6- Q~~~~~A~~~ {f~(2/ ,,( ....: AUG-02-06 '1 . .)~. , ''>l ' ~ ':j. , ~, " ,'j:' "', 1: .J:; .:,{ \ " .~.~' {~ '. ' ~::~. ~l' ~,r: f" , '\1 ,J ;, ; it : ~ . ~:~~.. to! . ',-! :J' ~ 'J ""Ii: ';', ',::r~H ;, .., 'f "it. .~, :." '~\ . l~r. ;.' ',., :;~ .\ ., "~ :': .~" '~.' Ir:' il,: "/ .. :'Jj ,::~ r "J .;' ';,',. . :i~ ;' ::~.x. .:,:' ':,'i : .... " ~f. -:. . . .~.~, " <(t;, J:: ...~. ;;,: ,w :'f..",. :':; ";'$. iL, 11:21 AM PANG ENGINEERS INC. 650 9417264 P.08 In SUmllH\ry, there are some apparent suggested recommendations which could impro\:,e', the operations at the N. Dc-Anza Boulevard/Mariani A venue signalized intersection. These in~lllde but are not limited to $ignal timing changes and an upgr<lde of the controller cabinet to a "state of the art", adding appropr,iate signs on Mariani Avenue itl~d at all four approaches to the intersection itself, con~ideration of prohibiting certain U~ Turn mOVements during the PM peak hom-i:i, and evaluating in-depth the drivtw*y , t ' operation$. vehicular backup onto N. DcAnza Boulevard, and parking issues at theBJ:,!> restaurant site. While the field observations confirm the actual existing operati~g condition~, lhe estimat(~d trip~ from lhe proposed office development is expected tohaye a less lheXrl significant impact at the N, DcAnza BoulevardIMariani Avenue intersecti611 and along Bandley Drive, 'j:,;," . Very Truly Yours, ~ ' Gay LawrencE' Pang Enclosure:Site Plan Trip Generation and Trip Dii:ilrihLltion Estimates Intersection Counts cc: Glen!) Goepfert : .~~ -7- Q~:-aM~n;\~l~~~,~~ . " . " t'..' ';~;;' , (2A;:.i~' '", ~ :~.'~~.p :. .....;~i::. ...f. . . . . ~. . :-:~..~:~~.;..~~.~~;~:.;.~~ .~.,~:~:: ~~';i~0:~~~~~:~ .~.~-~~~~..:~~ ..;....._~).,--~.:.-..:,:;.,:,. :,..... ~'..:-:~.-.. .. .. , , .::~~;~~.~~~~~..(~~~._;~ii~~;;:.~;~i~~~~~~~~~.~._:.~";.f,~~;')~.:t~~:;~.~.~~-: ,;,..;. ..:.~... ~;....~..,;';..;.c..,~'r-::~ .;~.. ~:~' ;..,.; ,. ~ ". "K; ;u ~,- ~~7 1 I I 1 r v- I I I I j l , < I l . , L , ~ Ii I: ,: ~: I I I , ; ::r-~~:.:. .r., '.~~... .. '.-:-:.'.,... . -;:~:,:~~:~~. .-::_--~'....- ~;.. ":~"!:'..'.<'"':.t:<;~",:"''Z".:<'":_''';':~>.'-!..::''''~;'';:. . ..~;i7. ,,:".:-:""><.~.~:1;.-;-;;':-!-,:..: ........'IE...,. ~~...,~.:.-..;,1:=-~ ... .,.;;...;,;.. ..o;,...~,~.. :~. "'...i.,:...:+"':..:.:'~~ .....~_r. - ....,. '!...1<'Y ~..... ..I..W.>("IIlU1 ''''' Ol-z,ollalb~ -.c --.,...- ..,. -- .-. - "'-"-.- -" ~~ -..- ~ .....,,, .;.ou~ """-" ..):lI~t ~"'~'ru'I " OfFICE .... "-' ~~ Iti ~I/"" '5t1 j !----- I . I~.-'. ""'JaDSIlWb; ~Ir'o'r-\ rANI AV.E1iUL_ """'~- ,-, ~-'~ (> '_ __i . WSffEP1AN A1 !:CAI.l,,"..'2O' '-- - i j, G;) SITE SECTKlN Al SCAl.l.:1"..JO' '- :,.. I l- ce o z I \-_~'!-~,::: , ! :;;-;:. \.-. -- .- 'I ;',- ,,:~\, ~~:~:~~;~ ;~~_:,~. ,-..\ f f'-' " ",J~: '-": , ~ ~ . .-... -....:--- , ,-:-. -- ~_.,:" .._ _..,.< _..r . .ii:~. ..-'.: .... - __ L__ -' .. .. I ~ tv I ~ (]I .... .... tv tv D ::> -0 D Z Ci [T1 Z Ci ... Z [T1 [T1 ;U IJ) ... Z [') (]\ UI ~ \[) ... .... oJ tv (]I ... -0 ~ \[) . .... . ~~'"',i"f~j~i~~;~'~..~~;~~'~,.~..-'~'~~~',~~:-;;:~;~.:r~~~~,i"~:~~*::~~:~~.~~'~:~~~~~~~~?m'~f"",:<~~t":.~;*i:,~,i_~~;i~'~.-,~~~. f~~;:~';~;~~~7:l~~'~~~'<:~~~~;;~;',-~?'~.~i;:~:~~~ ~ D t~:~ H. .,~ ;"N' "":" ro' .~--~."':. ~?~~: ....,.,.. "",. ,.,.., . I.......IIIXSJ Dt...w;:..IlCG".~. .....- ~ - ""'" JD.0Il('.~1 '.. EJOSTING DRlVtWAY OFFICE N'PlE COt.IPVTER --- _. :a.u,1r"". -.. ~ RI(....~ ~.- ...- . ...-. ......, .._s ......~ .'~f'I:X1 - fin .. ...... "" ..... I~~"'"_'"l "ACUPUNCTURE" r:r: o r ;~~Tl; I '- . I. i ~~i);n' 10~ f ~ ~ . r i:J -.l Cl Z <:: co <> ,--..-,. ..._~ j -. ,...._0I'J;lCE-" ,-.,'-, , SITE PlAN . .A.' su...!. '..2IJ.' TRIP GENERATION AND TRIP DISTRIBUTION ESTJMA TES PM PEAK HOUR* ......_~......- ',-,~ ", ... G;) SITE SECTION At ~'~-H' *by Pang Engineers. Inc. '- t - - - ----.; > ...J C01 ;;51 ZI <(I WI 01 I 1 :r: f-I 0::: o z " .-. 2 /~;rr;{'.~;;h~ 1~\~,i~} 1(" I:::~~ \\:' r;;; \'-::,t ~.: T: -... ..:.~- 0;.' ~J 0 I\) I 0 (]I .... .... I\) I\) D 3: 11 D Z C1 rrI Z C1 H Z rrI rrI AI iii H Z (") - i 6 ny Mountain Office Building (]I UI o \[) .f> .... -oJ I\) (]I .f> ~,CA SITE PlAN ""'" "-., "-. A1 11 .... o AUG-02-06 11:23 AM PANG ENGINEERS INC. 650 9417264 T.R Ie S N TRAFFIC URNIl\G M .., "-S.t--R~:'.(Y n.\Tr.~.:~.7=.:/i:.9" 20oG....._~. DA;~;~\\'ED~:~ttPA V1:! ..... s~:R'"i~, TI~!::;' ._u .t:OO~\!__!9~ ,,__':Qo]\!_-i: " CIT2~: Ct:t[R~~!), ""'=_.' fiLE: ,.,I.?~-\'fT{(t~~1 A.RR!.\~lL / DEf'ARIl:RE VOLl'Mts .....--.--- ..--. t HOl"R TO t Q~ I ~ ~'M I .~ ',;~ ,'. .~~. .: . :, li '-J' ,.~ "~' 'I: .:.. :'~: ...~t ; [.----.' . "''''--,..---.... , ~I-.L3,~3_6 .._ ,_.!!L NORTIJ ! I'IIF -j_O,.91 l=:;' Il'ji~!~~I~I2~t': L.._...t [j, . . " J" .f-O Cii_.1I1IIi;I~III~l~1;tm , ... :-:-:--r-:---. _. L__~.~~~_.__ 2.23ti....; 16~ 480 ... "l PHF~ ,'O.~~~ .l , '.~' ~ ' MARl\....\ ,[ ..,~~~~4~:.],'--I~=:J ~.~r..i,~ DE A~Z.\ [PHf'. I 0,89"] :'~.'.:1,. oil.:~~~'JIOIl.J:.-=:-'.'-==--=:.::~.. .:... ',_-=~==.::..:-::'.. ..;-....:::=.._ _.~. ....=--=-- .";;..1':.."'''1:= "~')QUIl ,'UI\IE rrmot! 1"'~~f]_Rn~.BQ.l.~_~... ,~9l1TlIFl(~I;.'i\) ,__J___~A~~!'a.9~:~~~.~.._,,,~ESTBOl'N[) '0= ~_ _To ~..!f",'1_", .J"l!..I.l!~~.!g~I..==,,_ Left . I!!~'! . ,_Bill!!LL4fl _... Thru j'{i~h.L.~,) ,err nrll .. "~I: SURVEY DATA 'M"'''''''''''~-' 04':'i5PM: 7 =~~~'~9'~- 63R'- 31M' .. 'I:; I 4H II (, 1"'~i'~"'.14 l~ 583 17 79 687 33 P 10 10 47 25 14 866 24 105 J ,on 50 146 30 19 <17 32 33 I,J75 16 14) 1,5\0 56 192 40 2.' II:! 44 5(i--- 1.605''' 36 I \Ii J,9i;~-'-67--- 293'''' 53 33 161 64 68 2,011 45 140 2,57X 7B 401 61 43 239 79 S:: 1.425 48 281 3.097 90 496 70 49 295 92 92 2,n1 51 .121 3,626 102 596 76 55 369 98 1 Ji-~:J5(j" ""5S- '-j75 i:2rlj'---i"I'4' 7oii----gg---' 65 .- m ---120---' ;,,!;.PM 130 3.487 ~R 424 4,g~4 141 805 97 73 489 140 . n'PM 0615 r'M I 111 3,R21i 65 I Mil 5.163 155 815 107 81 538 154 ~PM n. Q7"O(If'M1 149 4154 70 521 ,\57(1 164 988 119 89 .~8~...,~"",.164 :~_..""'====-,c"." ~!,==" ,~!"~-...._,.. ~1-{) T,i-i':s" 8' };'=~i~[( R :"iO'[)='''' '.'~'''"' . <i/:iM'--"... ~""'04-1:- ptJ'-~q' 7""='2"95"" 6 "l' "38'~=-jI8 ~~"'-lT''''14r--- I r-'='=~e" . 1'~cI9 -=rr"'" J:; PM 00(1 J'l\.{' 8 28H Iii 41 .,69 20 I 39 9 4 28 11 ,30 PM 0401:; PM I 9 281 7 26 l8t. 17 5<) 10 9 50 7 ~5 PM n. 0500 p~! 9 309 2 J8 437 f, I 46 10 4 15 1.2 ;( ,;...OP;;;:f"'--::-05:I'S'~M+I7-~" 10'- --4<j' 455 '-~--r-iOI '--,""3~"" '49 20--- }~~U-'i'M 05:10PM I IR 417 ~ 48 613 II j IOH 8 10 78 15 .'; ~t~6PM OS4Htvj: J4 403 J I 41 519 12 95 9 6! 56 13 ~.~4S f.t::1_'u_,_~~..~~~O PM i !.O..." }(lCI..,-4..1~~ 529._.._l2.,_ IOO'_'_~'_'~"I: 74 6 .0 PM --. 06:1, P0 10 416 .\ 54 .17) 12! 110 12 10 66 22 "j ~ PM 06.30 PM I 1 H 337 3 49 653 27 I 99 9 S I 54 20 . '~~~~ ___~~._ ~~~ ~~ I J7~_ ,~~~__ _7cu.1 ~;__ _._~~_~_. 1~_1.}2'- :~ .,"=~~~i~,.;L. :~ 1I0l'RLY T,OTALS '''"''~''''~-0500PM,'' 33 i',1i.; 26"--'1- i4) -~1'.51'1) '. 56- I -l~:r '40'."'~.~23 -;~-"m 44 05:11PM i 4} 1,)1(} ,\0 I 154 I,Ed7 54, 24.) 42 27 141 50 ,3 PM 053l'PM 5) 1.4.19 08: I/il 1,8Yl 45! )14 41 33 '9.2 54 A5~-:::-,~_uO~.:jPM-1 58,_u~';59 -. 241"-m 2,014 40-';---W;---'--'4(j 30 J98" - 60 f'ob PM ... 06:00 PM I 5<) 1,55') .211! 178 2, J Ui 46 I' 4(11 )6 3:! 157 $4 ":15PM -.. 0615PM1 1i2 1.54) 1'1 i IR" 2,136 -17 4)) 35 31,274 56 'J(il~M-----O~::i(JTiM";'6~' . '-I,46~iTi-j'H4"2,27~"6.l~'--- '-j6"-3Oj...gO'- 6J ~:45 I'M 06:45 Pl:'1: 60 1.401 17 i IB2 1,0(,(; 65: 319 37 3Z, 243 62 :QO PM:,.","';:-' 070_9..1:~~' 57__J~2() !,8 .../ ,~9() _;..),9;" . "._ 62 _~.i , 392 4) )4 I. 21) . QQ. ~',~1~ Telef}1(!H~; (51q)232-1~71 .'.==,.,=___. Fa~;."(.~f())232-{}J1 P. 11 t1:i:~ O':~...;.J ~. }~ 69 107 , H4 ' 212 : 287.. . :\<IS . 4/1 .90 S44 6d5 ~g 5 1.672 2,51.1 ~911 .'.7Jr- 6,/41 7,J7j 8.5Ji --'"9,9/1 11,2-12 /2,/ U U 21~ 30 , 39 '. 38 . ]7 6L. 75 61 63 . 79 '. . 54 : 61 43 . ~'. B6~ ~l 901 I '. .'l~TI--1J 1,;10 .1,]J] I,I,~~ ']79J I,JJl . B7;! 1,104 J 4 ,4 1112 1,926 J 218.' (,469. 2"i'I 4,800 I' 267 'j,O.U I nS S,/R() , 257 S,IOr" 257 ~ /,74 J 737 t . ,.. 4,6116 frf. :.hi l-~Llb-~~'> BARRIE D. COATE and ASSOCIATES Horticutural Consultants 23535 Summit Road Los Gatos, CA 95033 4081353-1052 Exhibit E EVALUATION OF TREES AT THE ..cHANG RESIDENCE AN1 MDvN-rAl N OFP\G~ 8LDG 10495 N. DE ANZA BOULEVARD CUPERTINO Prepared at the request of: Colin Jung City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Prepared by: Michael L. Bench Consultin~ Arborist June 6t , 2006 Job # 06-06-121 (t-(Zb EV ALVA TION OF 1REES AT THE CHANG RESIDENCE, 10495 N. DE ANZA BOULEVARD, CUPERTINO 1 Assignment I was asked by Colin Jung, Planner, City of Cupertino, to review the plans and the Arborist's Report provided by the owner to determine if the proposed protective measures would be adequate to protect the trees to be preserved during renovation at the Any Mountain Office Building, 10495 N. De Anza Boulevard, Cupertino. The plans reviewed for this evaluation are the Site and Construction Plans prepared by Chang Architecture, Burlingame, Sheets AI, A2.1, A2, A3, A4, dated 3-29-06, and the Civil Plans prepared by AP Engineering, Burlingame, Sheets C-l, C-2, C-3 and C-4, dated 4-25-06. I have thoroughly reviewed the arborist's report dated 5-12-06, prepared by Walter Levison, Registered Consulting Arborist. Observations I visited the site to review the condition ofthe trees on June 6, 2006. I observed the condition of the existing trees as reported by Mr. Levison in the arborist's report dated 5- 12-06. In my opinion, the descriptions of the existing trees in this report are complete and accurate. The plans propose to remove Trees # 1,6,39, and 53 for the expansion and renovation of the existing office building. These trees are directly in conflict with the proposed expanSiOn. The plans propose to remove Trees # 33, 34, 35, 36, 37, 38,40,41, and 42 for the construction of the new parking 3 level structure. These trees are directly in conflict with this proposed construction. The plans propose to remove Trees # 47, 48, 49, 50, 52, 54, 55, 56, and 57 apparently to construct a new Sanitary Sewer line parallel with and adjacent to the new office and parking structure on the north side of the site. The civil plans show that a Sanitary Sewer exists near the middle of Mariani Drive on the north side ofthis site. It appears that some if not all of these 9 trees could be preserved if an alternative alignment were designed for connection with the city SS line in Mariani Drive. The plans propose to remove Trees # 43, 44, 45,46 and 50. However, I could find no proposed construction feature that would pose a serious risk to these trees. The removal and/or replacement of the existing sidewalk can be achieved without the removal of these existing trees. However, it would be essential that the new sidewalk would have to be constructed completely on top of the existing soil grade. The procedures described in Mr. Levison's arborist report for the protection of Trees # 2 and 58 during the demolition of the existing curb and AC paving should provide adequate protection to these trees. Prepared by: Michael L. Bench, Consulting Arborist June 6th, 2006 ( r -/2) EV ALVA nON OF TREES AT TIIE CHANG RESIDENCE, 10495 N. DE ANZA BOULEVARD, CUPERTINO 2 Recommendation 1. I recommend that the owner provide compelling reasons to justify the removal of Trees # 43, 44, 45, 46, and 50. Otherwise, I recommend that these 5 trees be protected during construction, and that the Project Arborist provide detailed procedures for their protection. 2. I recommend that the Sanitary Sewer Line that poses a risk to Trees # 47, 48, 49, 50,52,54,55,56, and 57 be redesigned in order to preserve the majority of these trees. lfthe survival of these trees would require more than one point of connection to the city service line, I recommend this be arranged. 3. Trees # 2, 3, 4,5, 7, 8,9, and 10 will be a challenge to protect due to their proximity to the new office building. I recommend that the project arborist provide specific procedures described in detail, for the protection of these trees. These procedures should at least include: (1) the location of protective fencing, (2) the quantity and frequency of irrigation, (3) the use of root buffer(s), and the (4) mulch application. 4. I recommend that regular reports (at least monthly) be prepared by the Project Arborist by the lOth of each month for review by the City Planner. Respectfully submitted, MLB/sh Enclosures: Assumptions and Limiting Conditions ........ MiCha~,/~ Barrie D. Coate, Principal Prepared by: Michael L. Bench, Consulting Arborist June 611', 200f 0- -I 2% ~~ BARRIE D. COATE and ASSOCIATES Hartl cutufal Consultants 23535 Summit Road Los Gatos, CA 95033 4081353-1052 ASSUMPTIONS AND LIMITING CONDITIONS 1. Any legal description provided to the appraiser/consultant is assumed to be correct. No responsibility is assumed for matters legal in character nor is any opinion rendered as to the quality of any title. 2. The appraiser/consultant can neither guarantee nor be responsible for accuracy of information provided by others. 3. The appraiser/consultant shall not be required to give testimony or to attend court by reason of this appraisal unless subsequent written arrangements are made, including payment of an additional fee for services. 4. Loss or removal of any part of this report invalidates the entire appraisal/evaluation. 5. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person(s) to whom it is addressed without written consent of this appraiser/consultant. 6. This report and the values expressed herein represent the opinion of the appraiser/consultant, and the appraiser's/consultant's fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported. 7. Sketches, diagrams, graphs, photos, etc., in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys. 8. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic reporting techniques and procedures, as recommended by the International Society of Arboriculture: 9. When applying any pesticide, fungicide, or herbicide, always follow label instructions. 1 a.No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility for any defects which could only have been discovered by climbing. A full root collar inspection, consisting of excavating the soil around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We cannot take responsibility for any root defects which could only have been discovered by such an inspection. CONSULTING ARBORIST DISCLOSURE STATEMENT Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like medicine, cannot be guaranteed. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. d5tthALe ~ ~ Barrie D. Coate ISA Certified Arborist Horticultural Consultant (&-127 Exhibit F CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6410 (MINUTE ORDER) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADDRESS GENERAL PLAN POLICY 2-42: REVENUE ANALYSIS OF OFFICE DEVELOPMENTS General Plan policy 2-42: Revenue Analysis of Office Developments states: In reviewing office development proposals, encourage office uses and activities that generate significant revenues to the City, such as local sales offices, capturing the point of sale internet transactions and business to business tax revenues. New office development exceeding 50,000 square feet shall be approved only if one of these or similar benefits are provided. The Planning Commission recommends that the City Council address this policy by creating an enforcement mechanism so that it can be applied to all relevant development proposals. PASSED AND ADOPTED this 11th day of July, 2006 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Saadati, Wong Chien COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: nohe NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: I s/Steve Piasecki Steve Piasecki Director of Community Development I s I Marty Miller Marty Miller, Chairperson Planning Commission ( 0 -( J6 . CHANG ARCIDTECTURE ~ ~ - ............. CIIII:riIIMIIIO ......~ ANY MOUNTAIN OFFICE BUILDING Planning Submittal April 26th, 2006 May 26th, 2006 (Revised per City comments) 10495 North De Anza Blvd., Cupertino, CA APN: 326-33-110 INDEX C COVER A 1 SITE PLAN A2. OFFICE FLOOR PLANS A2..1 OFFICE FLOOR PLANS A2.2 PARKING FLOOR PLANS A3 ELEVATIONS A4 ELEVATIONS C1 TITLE SHEET C2 PRELIMINARY IMPROVEMENT PLAN C3 EROSION CONTROL PLAN C4 EROSION CONTROL DETAILS C5 CITY OF CUPERTINO BMP L 1 LANDSCAPE PLAN GENERAl STATS SITE.olREA: 72.241 Sf BLDG. AREA: 60,000 SF (20,OOO/F1Rl (1658 ACRES) FLOORS. , FAR. 83 DE ANZA REQ'O SETBACK: SO' PARKING REQ'O: 21QSTALLS (3.5/1000 sF) CONSTRUC1'ION iYf'E: V-I HOUR {1 PER 285 SF) BASIC: 14,000 SF PROPOSED; MULTI-STORY: 28.000 SF AT GRADE: SPRlNKLERED: 56.000 SF 2 SIDE-YARDS: B4,OOO SF SffiUCT. , (ALLOWABLE) .6/'000 SF) OCCUPANCY: B (OFFlCf) OFFICE OFFICE 124'-,. ,./i' -~-~ I I , , I f I , ARIANI AVENUE -L o Ollie Any Mountain Office Building G) SITE PLAN A1 SCAlE: 1"=20' ~---------~~ ~;~:~~;:J I ", Cupertino, CA 1_'1 L.OlllJI' M0165 3 ~ 06 AS NOlED G;) SITE SECTION A1 SCALE: 1-=20' A1 0-rt 1'1' I" I I 1'1 ~; 10 , I 10 '" I , . f i loi I i,1. "'I , I 0-+ ~~ 101 i i,1 0-1 N .., ELEC MACH. I VEST : I ! I I t i45'=o~ ------ - t--z-r-:o~ 1=- 40~-cr-~ J- 75'=-"ll.':.f ~ c1 0 cb G C0 1 ST FLOOR PLAN SCALE. 1/16"=1'-0" 0---- '\- - -- -- ~ i I ,I I ~I I G-i--t--.I I 01 I I ~I I "'I TI. t 01 ~I ~I .... · 101 I o '" I ~I , I Gf.' iJ , g I I ---.+--- I G- ~ 'H~_-i',,"t""~ -J'H~ Any Mountain Office Building (J;) 2ND FLOOR PLAN Cupertino, CA SCALE. 1/16'"=1'-0' Drawing TItie OFFICE FLOOR PLANS Job # A40165 Dale. 3/29 06 SaoIe. AS NOm Drawn By: Sheet A2 G--r I. : 1;1' I~ G-tl ,01 I~I n 0-, , i. I [0 . f,lf v: 01 I ' "' 0~,1 0, ;;1 "'I @ G---1c- ~I 0- ,I ~I I' "'I 0--+- I JI I o "' .1 5i gl 0--+ . i ~I I 0- 0- ~ 3RD FLOOR PLAN A2.1 SCALE. 1/16",1'-0" T I I I I !n .f---r-rft~ ____1_ b I b N Q.;) ROOF PLAN A2.1 L I I I i - ----- -- I ~ I i I I I 101 I~! i "'I 0-i IJ cv-U- --- --- , ~- -- -- hr=o- ~.o--a---'- ~ ~a-- l @ ~ 20 G cb " ! I MECH.J ISCREEN BROW i BELOW -I-- I ~~ Irp~ . ~~RP I i I E;- Any Mountain Office Building SCALE. 1/16"=1'-0' Cupertino, CA DllIWingT1tlo OFFICE FLOOR PLANS Job. M0165 Date: 3/29 06 Scale. M; NQ1ED Drawn By: Shoot A2.1 II I -1 , I 'L .,., I 92 STAllS >Nt' I I I I I "-------- CONC. i I SAFElY I RAIL ~I ~I 1 ~ ,.... ,..... '1'-0" ~I CONe, I BEA" ~ I ~ 9 I EDGE OF 12 10 I GARAGE DECK i Rev. ~ ABOVE RAMP 15 I _ABOVE 14 j Any Mountain Office Building ~ GRADE PLAN SCALE. 1/16"=1'-0" ~ 1ST DECK PLAN 1>2., SCALE: 1/16"","1'-O~ ~ 2ND DECK PLAN Cupertino, CA SCALE, 1/16'= l' -0' Orawing.Tdl& PARKING FLOOR PLANS Job. Date: Scale: Drawn By: Stloet A40165 32906 AS NOTED A2.2 G) NORni B~I.~: ElEVATION (MARIANI) ",,-BROWS, \ EL4~~ ,I ~I I HOlU. ~~ OBllED STNIft]) r~\ COL.UlA~\ ~J a~ ~ ~ 2~~ 0 I I :e 11lASH ! ENCUlSUAE IIE'tOND a 0-0 G) NORTH ~~_~QELEVATION (MARIANI) TIlAHSlUCENT GtASS SPANDRE1.(P4) G) EAST ENT~ ~::.vA TION (DE ANZA) ca.oR KEY (P1) (P2) (P3) (P4) ..... RUST QQl.QR sn."" TIWISU.<fNr _ El...4~ =:~ I 2NllflOQR J. r '6'=O"T ~, I .. I . I EL~ SU08 EDGE\ ny Mountain Office Building Cupertino, CA DllIWingTotIe ELEVATIONS Job' Dale: SoaIe. IlnIwn By. Sheet A40165 3/29 06 AS NOllD A3 ~~ STAINED CONCREfE ,..--ctMRDRAlL 8E11IWD SlAEI / EDGE (Pl) , ~fo' o , e o , e ~'O G;) WEST GA~G,~_~LEVATION SfHNED ACg:.C~\, SfHNED CONCRm , ClJARDRAll (P1) Sf""" C~RETE--' COLUf.lt.lS(pl)" CONC~U=-, MIL STAIR (P2)-, , G;) EAST~~.~:.EVATION -"""- / SlAB EDGE {P1) """-"""'" .fWIIJ...M'. L--mA:JGII'IlAMI'tBI'JII.O(It ~ SOUTH ~~.~o~ATION G) WEST EN~,~~?ATION /-MTt..STAlR(P2) CONe. FW!p q> ~-O',i '~I ~29'J~1 r r I . :~I~I ~j ~20~ ~-I ? f ~,~L ; :r ;E-,~ I~I 1ST 1ST ELO-O EL-o G) SOUTH ~~~~ON ""-P..... C") 1 f \ Vl5ION GlASS ny Mountain Office Building El. ..."l$+ ~~~ Cupertino, CA Drawing We o. '0 ~~ .l.B>""""---'-. I EL t6-=o-T ? I ~ I I I 1 Fl EL 0-0 ELEVATIONS Jail. Date: Scale. 0...., By. Sheet A40165 32906 AS NOW A4 VICINITY MAP .1tilIri M.T.S, -.... AS ~TE 8ASE '" ........-r"""""", '" ......... Ie _WM 8CR BEGIN CUlM IIElURtI IOC Mal: or CURl BW IWX or WAI..r: CI CAD USIM a. lUSS C$ awIIL SPII:E BEYA1IOIC II> ""'..... OS IIJllF GOWM' SPOUT - - (l) ........ .. BB:IIIt ... E om or cur<< s:t DID CURVE IImRI ... ElIIS1IIlG_ .. !lECIIlICAl ..... U' EDGE or PA\UIDO" Fe FAa elf ~ OIVAlION RJC. ... IDAInlBIf UIIm:'ROIt FF fIISICD fUlClI E1LYAlIOtI HI ... ........ R.. RiM' ... ElEY.l'hOll AI R8:E .. ltIE F5 fIRED su.-M::E" ELE'iATKlN ",. ". WATEJlI UIIE . GIS.... CO _ ..... GI IiiMtt ElLYAlD' .. GIS ..... "'" - .... .. ....-. IW 1MB BlYAJDI. .. - n _"""'" ,. ... .... .. .......,.,. ..... " ........ LA .0f'1lUIlDt 14 I.lYGUJ UN[ "'" ...... III """"" ... - 00 ..... P. NVDENr EtfV.lllON PI ..... ... PC:C PORJU.MD CDIEIff CONCREIE PYI POII1' or VERTICAL INJ[IIS(C11Ofl PYC POl.'I\'Im. CII.OIlII'J[ ... ...... RCfI .IDNmICEO CCIICRET'E PH RIM IlIiI DLVA,1IOM R/W RDfT or WAY S SlOP[ $N' SEE.ucctlJtCl1JRAL f'U.N S8D STOIlY SUB DIWN SO STORY DRAIN SDCO STOflIlI DRAIN CI.EAHOUT SGIiI SEE GEOTEafHICAl. REPORT SIP sa I.ANDSCAPl: PUN SS $AlITAIn' SEWER SSP SUSTRUCTURAlPI.ANS SSCO SNlTARY SEWER ct.EAMOt1T ST" SlATKIN TC 1tIf' Of CURS TW TOr OF WALl. El!VA11DM NP T"IPlCAI. WW WATER WEfER W DOWE$TJC WATER lIfE ANY MOUNTA~N OFF~CES PRELIMINARY SITE IMPROVEMENTS 10495 N. IJE ANZA BOULEVARD CUPERT/NO~ CA SURVEYOR LEGEND' ____ ~lJtE ___ C8nERl.K -------- EASEIllBllUNE ---~ S1IlEEJl.NIIElM: . Ii. t ~ ~ -- f,1"'" ,-, : 1i'c ~ .. r :i ... .. ,. - :.. l" " .. "" .. :::-... Ii F<Ufl,Iillll'UIIDITPEl'tlIlAPS11Ig.3 """'.......""'" -- "="~ / I I I I I I I I I I I I I I I I I I I I 1 I I ... ......... ...--. ""- ___ClIfRl._\( == --... =:: ~~ =-- -- =:.n.~ HlU: SlllTllWSEIOtIUM Hll!. ...... ~tmlDElfll'El)} .......... ""....... ....... ....- ....... 1l'A19IFNoICEJT "UVAl'lE: ...... SOft/.. ~ REF. NORTH 40 eo I I GRAPHIC SCAlE SURVEYOR NOTES: UTILITY NOTE: lHELnII.J1n5lllMtOM 1lISPLI.N NlE.IJEJlnIEIl FRUU tul'ACZ III!iUlYAlICIN ClN....., AlmML 1..DCo\1IQIIAHOSlZE,lUGE'ItDII1IIMI'II!5DlCE(EIIIVlIUJI11llILllUllJTYUlIESItOT5f'*I (JtH$fl'LNl.SHAI.1.IIE:'SI'ED"M:FEl.D""1HE~lll-..c.COII$1R\ICYI(II SITE PLAN .KALE: 1"=40' LEGEND PIlOI'OlTYUIIE WDlOO """'..... FlAE W.lml UN[ ooursnc WATER LM SANITARY SiWER litE SU8DRA11 L.IN[ (SGR) WATER METER ""'" ..... IIUT .... DIW, l..AND5CAf>E DRAIN ""'" ..... CWNOVT SAlITARY" SEWER ClEANOUf F1IIISIIED...... FItfISH[O SURfACE DIREC1IOM or SLOpt ~ .IRE.UmE; lIIttTlPES Nl)SlEME.mlllfalW..l.'IlCIlAl.PtJIlPOSESCIHlY, ACnJAL 1'lPEt7Jl11E[. 'I1lEE stlN'[,ND_COllFIGlIRA'III)4lU.YYNCrflUlMoIC1lIH.P'1ELDCOIGlltIIS.NOWMIlWfIES AllEIIFUEIlINMOMOTO'MEElIlFlIlIU.1\tIN. ~. BENCH t.lARK: lISCSlENCHlIAllK:tl11Z2 ElEYJ.1Iat;2OI.4lI1RT(nEw<lIDN PER (fTYCF" Q.FEJl1IfCIIEHOl UNlk US1) 1IItINZ[1II5l[1l. aFClIl8 A'" NOR1HIESfClRet7If011ESlE.1OR<WlJHl DEAIW 011 ImPllHTaFOJA:eNENl(:A1tJ:t BASIN. ~.. OM-SrTr "Pm\IlOlI!; AIlFj, 800 .- 0" ... 0_ 0_ ..... ElQS1lIlQ STRUCTURE . 11.200 so. FT. HARDSCAPE '" 38,700 SQ. FT. TOTAL = 56.100 SQ. FT. - S1WCfUR[ = UI,8OO:t: so. FT. HAIlOSCAf'E '" 38.300% SQ. FT. TOTAL,. 58.100:t SQ. FT. 1Iill...l!Qlli 1lEFEllOU1IlLE1U'tIIT; ""...."'" toICMlP1S1M'I',SUITEIOD "'""'-" .... 0AllER1MIIER:11<M5OI5-oo1-GA DAleOECElllllERU,2l105 BASIS or BEARINGS' IHEBENlItDtal1MIIr&t'24"[A$fIlFMCfH1DUII:CF_lJRM:ASs.uoCEN'IJlUllE AlII SQ>IENIlIIlGAIl[~1lII D1ATCEJflllAPHlQJ, lW' AEOCJl(D IN BOOlC 481 Of"1W'S :::',.' SNrTAa.NtAC\Uft'I'Re:tAlS, WS'AI\fN MM~orIlEMtlGSSHCIWfON LOCATION MAP &Al.El. M.T.s.. -.~ -. "''''''..... UJU --.u-fl4 III II I II I III I I~ I il I I. I I I II I I II I 11 I --TF1-- II I III III II I I I I SHEET INDEX JIlIm.1lO. C-I C-2 t-3 C4 c-, .IlI:Sl:8leIIQt TTT1.ESHEET/SfT[PlAN """"""'"' PW< EROSION CONTROl PlAN EROSION CONTROL DnAlLS BESTIrilANAGDlENTPRAC11CE:S PRELAlMARY E.Ul'T1fWOM( QUANTmES SHOWN ON ntESt PLAItS ARE APPROXllllAlE ES11IIATm 0UANTI11ES AND ARE FURNISHED mt THE t1TY Of CUPERTlMO'S 1HFORIUt.1lOM OJU. THE QUAN1ITIES MAVE 8EEH CALtUl..A1tO F'ROM EXISTINlJ GROUtI) ELEVATIONS. 8ASEO OM fOPOGIAfl'MIC AND :surMY IIAP BY ctW'PEU... SUR'IEYIMG SElMC[S. TO lH[ GRADES SHOWN aN TtItSE fUNS, wmt STAHONl!l ASSUWPTIOMS. THE AClUAI. .AYOUNT UItoY VJaY DEPENDIfG ON COWf'ACTION, COHSOIJDATJOH. STRlPP\HGAtI)TlIECOHTIAC1'OIlSYETHODOF ......- EAR11IWORK SUWMARY~ arr 500 cr FU ... tv 8AI..ANCI: 350 CY IWPORT TOTAl. MOVED 1350 r:r JIllIE: TOPOGRAPHIC SURVEY PEIlfOllUED BY CIW'PEU.E SURYrnHG SERVICES ON ON ftBAlJARY 7. 2005 (APlf 1=326-33-11 D), ~ ~ :; ~O '"'~ ~ - ":i':.q~ ~ ~ ~~ j """"IIOO)Qo ~~;~l ~ ~,!. t!.& ~~~~~ ~ ~ ~~l - tIl~.:e..O Qj (f) I- Z w ::E w >0 O~ 0::: CD lL. <( <( I- ::EN() lU-Z lU <(6 :r:wwz (/) I- OJ:: ~ Vl ,5 ~ lLJ Zo. ~ ~>-Il)::l ~ -D:::0l() I-<(~ ;;j zo " -~ ~ ::E 0\ -1 W 0::: lL. 0: ... z ~ o ~ ~ .! I ~ . Q Jl 8 ~ Q . < .. ~ ~ . '" SHEU C-1 Of 5 SHEETS JOB , -.ouJ .. I ~"'='l -:O~~mDISK .-5II-!II INlIONUI/ENrllEU -aJ'Y OF CUPE:R11NO~ "0 f ...~"- ,,_ - ---=------=----:.---=---.1/'" ._ I I \ I \ I \ I I ><If" FOONf) ctWCRm: fL....'='~ IIONUItlENT IN Mfl1. WJ11I DR1l.L HrxE :"m.2ll. P01('69 . 39) ~ fLW_n.... S!. 90 (}.f. I ;--------------------- oW' ~ "' " >- ... ~ " ~ , , I I I I I I I I I , , I I I I I I I I I I I I I I I I I I I I I I I I I I , I I I I I I I I I 1f\ REF. NORTH 20 I GRAPHIC SCAlE l!" ll' (NGTH PARCEL A 584 MAPS 23&24 A.P.II.: 326-33-114 ll' IMPROVEMENT PLANS ~ 1"",20' ~ ~ ~ ~ ~ ~ ~~ j <l(,<~GlItII ~~~~l ~ ~ t!. r-!.& ~~~~} ~~~~~ -lD~eCl ;i l!' (f) I- Z w :::E w (f)>~ 2:0...J <(O:::rD ...J a.. <(<( 0... :::E N () I -'-z I- <(0 2: ww~ WI-oi='" I :::1:- .., I~ W (f) .::5 ~ :> Za." o >- It)~ ~ I~ 0::: 0::: OJ () .... Ii 0... <(-.t =! Zo J: ~-~ C 2; I :::E ~ I ~ " w .., 0::: ~ a.. 0 ! Ii ;; ~ Il S ~ S "' . & ~ .. ~ l o '" SHEET C-2 or 5 SHEETS JOB : 0&0:1.8 rouND ~ eRASS mSK INtlCJNl.JfiENr1lW. .arr OF aJPER1JN{)" I~' I I !1;! ~ '- '" .. ~ ~ //- /- , I I I I I I I I I I , I I I I I , I I I I I I I I , I 1 I I I I I 1 I I 1 I I I I I I I I I 1 ~ REF. NORTH 20 40 I I "''''''''SCALE "" JI l'Rl'lll-wn " $()7,31' .--<>-. SI_lIS--- ~ ElI1RAIIC% II <> \ G'" I I SlI1fWA!K T SHOWN ON 5tH M 23M , 1 I so' EASEJlENT I FOIII.ANO!iCN'OII! 1ICH I AND INGRESS NID [G1lESS 1 PER BOOK F887. OR PG 800 1 AS SHOWN ON 584 II 2J1:24 (POR11ON or UE ro BE ROIO ~ I ' I .6ocwAl.K I I ro' $HOfIIN ON 5IU JI 2..J.t24fP.U,f: I I I EROSION CONTROL PLAN EROSION CONTROL LEGEND: ~ '"=20' NOTE: NO CONSTRUCTION VEHICLES WIll. BE PERMITTEO TO ENTER SITE BY WAY or OE ANZA BOULEVARD. CONSTRUCTION ENTRANCE(S) TO BE LOCATED ON MARIANI DRIVE ONLY. . _ _ _ _ . STRAW ROLLS _1_1_1_ SILT FENCE ~ ST ABIUZED CONSTRUCTION ENTRANCE F"OUNf} CONaIfTF JI(}NfJl,ENTfNltELl. ItIlH DR1LL HGI.E __~:N) . ~ 90,04' I I 1 1 I 1 Q: I ~I I gl I "'I ~ ~I " , ,~ :1 ~ QI I I 1 I 1 I : I ..l I 1 I _u_ -.,.L-L,Lnu } N89 ...,. I (0....1 I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I ~ ~ :; '" . ~~a)('~ ~:c~j <l(~!!i ~ ......... Q. ~ ~,t~: ~;J ~ ~~ o ~O'O'~ ~S:J:28. _ III............. Q ;i (() I- Z W Z~ <(>0 -10> 0... -.l 0:::1Il -Io..<{<{ O:::!:NU 0:: -z I- <{- Zw 0 O \oJZ I-O~ !:l o (() 0::: i: "wei Z Zo.... O>-Ill=> ~ - 0:::01 U ...J Vl <("'<t :! OZo J: a:: _-r- ~ W:::;E i'i ...J W 0::: 0.. ~ ~ o .! I . il & l ! .. & . < .. ~ ~ " '" SHEET C-3 or 5 SHEETS JOB : 08-016 STRAW ROU3 t.lUSf BE PLACm ALOHG SUlPE _ ~ "'( (1\ l'- t. 1, STRAW ROU. INSTAlJJr.llON R[QUIR[S THE PlACOIIENT" AHD SlCURI STAKJN8 Of lHt ROU. IN A TROICH, 3~ ro ,,- (15 TO 12::\1 tal) Dm'. DUG ON CONTOUL IIUNCln' WST NOT 9[ ALLOWED TO RUN UNDER OR ........1lOU.. ~._'.(7H"~) ~~}z. ,/ q I' '(,,'x':;::: VER'fJCAL SPACIfG FOR SlOP[ INST.l.L1.AlIOHS: 1:1 SLOPlS = 10 fttT II. 2:1 Sl.OH$ . 20 rm N'Mtf 1:1 SUIfI:! = J& mY .. .f:1 st.IIPD = 40 Fm >>". 3 lIISP[CJ' AND RrPMt STIAW AllUS AflIR EAI:H STORV EVEIfr .... IlDKM: ~ WfP NB:lSSARf, ot. ROmVUt SDIIIiWfF SHW.. II[ DEPCSI1E& TO AH AREA. THAT WIU. MOT ~lE SUlIIlIEJIT OFT-srrE AND CIlIf I( PDlItAHDm.Y sr.B.llED. @-__MOCWIIl' STRAW ROLLS NOr 10 ..... STORt.! DRAI~ POllUTION PREVENTIO~ NOTES" I'IKPlECr IlDWIM SUIfI'[ IlRAIIllGl. CQUI:S[S. stREAWS AIm SIORIt ORAIIIS WIllI lOCK fU.ED SAMI). iYGS" TDIPOItAR'f ORMW'OE SWAUS. SI.T FEJaS. tARJH IEJIMS. SlORU IlRMIi H.E.T F1t.tDS FUERS: MeliOR SlIA'fI' BAlES USED 011...,. IN CONAIHCJIOII WITH PROPDlLV INST.M.LED SIlT rnIC[S.. 2. It S!'AAJm) COM$IRlJCfION DmWlCE: StWJ. II( IISTAUm PIlIOR TO tHE DICEPIION OF Nn ... ON-snE,. AND 5HW. RDWN 1M PlACE UMII. nt[ toIftEOON rE AlL. E..ANIJSCoUIII5 EXlST1tC DRWEWA.Y W4T BE USED AS cotmRUC1DI DITIWtCE. 3, srIAW IIOIJ.(S) sttAU. BE INSI'ALLED I'IIOR It) THE INCEPTIOII or ANY WOK QN-stJE. AND SiWJ. RDIAII IN PUCE IJtII1L iH[ LANDSCAfItG GIlOOND COVIll IS IIISJ'AI..l..m. 4. DIn' 5WIIPING METHODS SHAlL BE USED TO iIDIDVE J.MY DDRS 1MB/ OR SO<<. 'J'RM:I{[D ON 10 UNIYEJtSITY AWNUE. DRY' SWEEPING SHW.. II[ DON( AT 1H[ [Hl) Of EACH WOflIC OAT. 5, THE ctltIfRAC'R)R SHALL. F'Ct.LOW AHD USE BES1' tMltAtEWEJI1' PRACT1CES (lIMP) FOR DJSaWtG[ IHtG THE cm'"s S11JflIll WAlO SYSTDI IX.ItIIG SIT[ STRIPPING. HA&JLJHG. EAIlIH IrICMIfG ACfMJES" HOW ~ 0PDIA1DIS, GENERAL. COIIS1RUCllOtI .AND SIT[ SUPEIMSIOM, PAIN11IIG. APfIUCAllOtIS AND US[ or SOlYOn'S AND AIIHE5M3. WIlSCAPlNG AND .......... 6, STOCXPIlED 1IlATERIAI. SHALL ar COYEftED WI11f \'ISQInH OR A TARPAUUH UNTI. THE WAlE1tW. IS REUCMO FROW THE SITE. ANY REYAIMMC BARE SOIL THA.T ElOSTS Af1IR TH[ St'OCKPItt HAS BEEN REYOVED SHALL IE COVERED UNTIL A NATURAL GROUND COVER IS ESTABUSIIED OR IT YA.'I' IE SEEDED OR Pl.ANTED TO PfIOVIOE GROUND COVEJ PRIOR TO ltfE FALl RAINY SOSON. 7. ONCE THE PROPOSED ON-SITE DRAINAGE INLETS HAVE 8[01 1tISTAU!D. THE CONTRACrOR SHAll. PfmECT Nf'( BARE SOIl FRON ENTEftlNG THE INIDS BY INSTALLING f1LTtR fABRIC UNI)[Jt THE ItI.ET GRATES. THE ALTER FABRIC SHAlL ROWN UNTIl NATUIW. CROUND COVER IS ESTABlIStIED. 8, OUST CONTROl. SHALL BE DONE BY WATERING. 9, IF EROSlOR DEVElOPS IN A TEWPOIWrf EROSIOH PROTtCTED AREA OR ANY EST48LISHED VEGETATm NlV.. TtI[ CONTRACTOR stIAU.. ....,EOIATaY Al.LEYlATE AMD RENEDY 1liE I'ft08lEM AND TAKE PREVENTATIVE MEASURES TO .,1tIt.lIZE TtI[ POSSlBIU1Y or rTS REOCCURRtNCE AND AI.SO TO PREVENr DIE RESUL.TING A.OW or sou.s OR WATER WJfH SUSPENDEO SOLS f'ROW GETTING INTO TIft clTr"s ORAlNACE S'l'STat OR ANY NATURAl.. DRAlHAGE CHANNEL OR DITCH. 10, ill D5TURBED SOIl. SHAll. BE -t.lATTED- AND SEEDED WITHIN TWO (2) WEEKS (IF -FINAL "'--". FOIl fURTHER INf'ORMATION. CONTACT: CITY OF CUI"ER'TMO. CITY tWJ.. 10300 TORRE AVENUE CUPERTINO. CA 95014 I I"""".... rCllllSlEllIlllOC\ _ ~.~' ..... ....... .......,., ,. ,... ... .. ... .... -------- . ,-. ..-"""'" FIJDl'_ 25'_TOEP ""'" I. PRCMDE l rJMIED srAIIIUZED CONSTRUC11OII ENTIWICE ro ACC:Ot.lWODATE THE TURNING IWIlIS OF 00NST1tUCTI0N EQUAlENT ON AND OFF 1'HE PUIlUC Sl'REEr. 2. IIISl"ALL srA8UZED CON1RlJCT1OJ\I EHTRAMCE AI.DNG NrW DWY CORRIDClfI FOR T1lE FULl .........-... 3. Il[-us[ DI$DIG DRMWAV EtlrRANCE: AS CONS1'RUC11ON Dml'ANCt WHEN PO$SIBl..E. STABILIZED CONSTRUCTION ENTRANCE NOT TO SCAU: """",,Hr. """""Hr. ~ STANDARD on-.ul TRDfCM WITH MATNE IACKFtU. ALTERNATE DET.ul lREtICH WITH GRAm ... l'l l:! 5 E '" 3 LJO.............. ~ ~ g~ i ~(J~~~ Q "t ~ II ;~I.!.l ~~~~~ o ~Q'O'i ~~:g:'d& - ___0 . ~ ,---- ~/ ..J. ,.. );\ /r~[[ ,): ,/, PRll1IC1T/[fDItlllC ;i "'"'" 1. PROTECTJVE FiNCIMG SHAlL BE BRIGHf ORANGE PQlYPROPYl.ENE fENClN(>, 2, NOTl1ING INSIDE THE ORIPWIE AREA SHAlL BE RAKED, CUT. STORED. OR OTIIERWISEDlSTURBED, TREE PROTECTION DETAIL NOT 10 SCAU: If) V)f- :::!z <(W I-~ LUW 0>0 ~O~ Ck::0l ~ n..<(<( I- ~NU o-Z Z <(0 WWZ -J 1-0-1- en 0- .., Q: If) .e] ~ I- Za." Zrl/)::J ~ o Ck::mU U<(-t ;j Zo :r Z_- ~ Q~ ill 1/)- 0-1 Q:W LUCk:: n.. TAU PROTEc:noM NO~ 1. PROTECT EXISTIIG VEGETATION. IMCLUOtlC OVERHANGING IIWfCHES AND ROOTS f1K'IN COWACTlON AND DAMAGE IllIRIG WA'TDIAJ.S STAGING Nkl CONSfRUC'QOM. TREJlCHING ADJACENT TO NfO WlTHtN 1REE Da"LHS 10 BE DONI: BY HAND 10 AVOlEI II'OOT DAMAG[, IF ROOTS l.AICER 11IAN ONE (1) IMCH ou.wrn:R ARE EHCOlMTEIIED, ALERT lAMOSCAPE IJICIIl[Cf.DAWAGETOJMYEXISTINOPl..ANTSORPLAKTSTO IlDCAIHAIlETOIER[Pl.ACEO Af THE DPDlSE Of THE COMTJW:TOR, PlKlTECT TJiE[S WITH rouR (4) rooT PLAST1C t.lESH FENCING AS SHOWN ON PlAN. 2.. DO MDT PARK VEHICLES OR STORE WA1IRIALS Oft EQUJPWOO wrnuN 1l€ DRPUMES or EXISTING TREES TO RElWtt. 3, WHERE rr IS tfECESSARY TO [XCAVAT[ ADJACENT ro EXISTING TREES, TtIE COMTRAC1'OR SHALL USE CARE TO AVOID INJURY TO TREES ANtI rREE ROOTS. 4. NO TREE ROOTS GfiEATIR THAN Off[ (I) INCH IN I1IAM!TtH IllAY BE CUT DUIlUIG T1i[ PERFOfQWICE Of DElIOUTJQtf WORK. INSTAllATION or UTJUTIES OR COHSTRUCllON OF .OOTlllG5. 5, WHEN TREE ROl)TS ARE DfCOIJNTEREI) DURWG EXC.lr.VATION. THET SHoW.. BE CAREfUll.Y UNOOVERED AND THE ADJACENT WATIRlAI.. RDtOVED WITHOUT ROOT DAMAGE. AFTER WHICH THE EXCAVATlON SHAU. BE IWNEDIATtLy BACKFIUID, 6. ElCCAVAl10N SHALL BE DONE BY HAND IN AREAS WHERE TWO (2) IICfI AHD LARGER ROOfS DCCUl. AND IN AREAS WITHIt THE DRIPlJla: Of" EXISITNO TREES ro REWMt. 7. ROOTS rwo (2) IHCHES AND L.ARGEII IN IN.WETER. EXCEPr DIRECTLY IN THE PATH or PIP( OR CONlIUIT, stW.l BE TlJHNElID UNO[R AND SHAll lIE HEAVILY ........m WfTH IlUfUIl' TO I'llEVPfT SCARRING All) EXCESSIVE DRYING. B. wtIERE A DITCtING MACHINE IS RUN CLOSE TO TREES HAVING ROOTS SMAl.IDl THAN TWO (2) INCHES IN DIAUtTER. nfE ROOTS SHAll. II[ HAND 11llliIWEO AT THE WAlJ. Of' JME TllENCIl. 9. WHDI[ IT IS NOT POSSiIllt.E TO AVOID CumNG ROOB GllEArER TIWI ONE (1) ItCIl IN OWllETER. THE OWNER'S REI'R[SDf1"A1l'tE SHALL. BE NOTIfIED. AND THE WORt( StWJ.. BE DOME ONL.Y BY" A QUAUFI[Il AIlBDRIST, ROOTS OF TREES SHW.. IE CUT USING ct.EAN. SHARP PltUHING TOOI.3. ROOTS SHAU MOT 8E IlROKEN OR TORN LEAVING RAGGED ENDS. 10. CLOSE TRENCHES ADJACENT TO "TREES wmtlN 24 HOURS. I/' TIIS IS NOT POSSIl.E, KEEP SIDE or TRtHCH ADJACENr TO THE TREt SHADED 'tItITM BURLAP OR CANVAS. .;; .., ~ o 11. COHTINUAL PIJDDUNC OR IWfI'4ING OF "Am IN THE V1CtllTY or fN[ TIltt:sMALL BE 4wn>m. I . .. 0 I ;; ~ " ~ " ;;- 0 " . .. j - 1. IN5P[cr AND REPAIR fENCE" MTB EAal STObI E'tEN AND IlDfOVE :at1IIliIOtt WtlEII MECESSARY. 2, RDIOVm stDIYEMT SHALL lit DEPOSm:II ro AN AREA TlfAf WlI.1I4OT CON1'RIIItJ[[ SEDllIENT OfT-SIT[ AND CAM IE f'ElIUAHEH1\.T srAllllJZED. 3. SILT FDIC[ SHAU IE I"l.ACOI otI SlOF'E COKTOOIlS TO WAXIWIZt POHDIIfC EFFICIEHCY. :l! SHffi SILT FENCE DETAIL NOT 10 ..... C-4 OF 5 SHEETS JOB : 0&018 In tho Sonia CIanI ValIoy, ...... _ low dIredIy to our local creeks. and on 10 San FrancIsco Bay, _ no _.nt. storm -. poIlut1Gn 10 . .orlous problem for wIl_.....-"" our__ end for the people who live near polluted streama or 1loyIonds. "'-~ of constructIon_ rod_ polIutIGn .Ignlllcontly. Thio __ sllllOhOrix.. tho "Beot lIanogomont P_" (IIIIPs)for......_rpo_ ORlllNANCE OF THE CITY OF CUPERTINO FOR NONPOINT SOURCE.POLLllTION I WATERCOURSE PROTEcnON: ChapIer 9.18 1.18..1MO DiIchIrvt....stDnndnlinprollilliW lit~"lIIdI8Ige.or<*M,lIIow.orpennito be~nn.,lIDrmdninornlUaloull8lor d8nlI........iddlg:bulnoI~1o, IIeWlIge. 1nbIrIII__,pllInJIIUnproduc:tl,coaIt8ror..,t-.e .....,.ailingaa...~r:I_IianC':llalar ----- ~or~sMIIrl1ngpootwallBr, ~hdIIiiIlsandlllrllberL 1.1'" YIaWIDa. NrJpeIIUI......anyPfl,WilianaflU~is .., of.............-nc:crwiclion lbereaflhal beprillJed_PIl'lltdIdin Ch8pW1,12d.....Q)lfe ......1. C21lI........forvlalllllon ""........._.._al..._ ot.,.pralIIItnGl",penaIl~ptnUiiI1I:m" d1IflIIlr....bed.-y IIIlIett..CIIr it. un nutID '--"""'pRMdedfDrln Guv8mmenl:Code SIc6In 5f1.40 .....547<40..5 [up to $2S,aGO.._.... ~ThoCIJ__..._""'" ~1D~CDcItSdon54740ID...... __.....IIIlfI-. The<:Mpenlltrplaliillld ."IeCIbIIIGIWIdllIIiIInnatexcIuIiWI, m:I....be lD.....lD..oIw................Io... cly I.I1dI:I' SIIIe.. FedInI_.... bc8I cnIiIMceI. Ftn* CClIadIlll......'kI1IiI18CIDft .... be peid to CI(I- -~........ UI.. CtwI......,rorllldt~ Nrrpeman__~~ InWlWlanfL Iliadllpler.".._d..llIIIW1ICIlnahllbecMIJ .....to.. a, ina.... not to...... ....,.... ...........,..,. ,........for..mdaJil 1lNcb Mh....OlDR.. llwCly Il-.y JIllII'oaIle- SUpIdor Ccut pu:aBt1D GawmmerII Code SedIon W401D ......_and rvcowrMh UIlI. TlIec:Wi ,..., prUIIdBd in.. MCtIon it CUI'UIIlve and net ....._shllbeIn8dllliontDalother'*'M1d1e8 .......tD... ClysnllrSlatlt8l1ll f8dsraIlM-.I_ Cld1MceI. Fu1dI.ooIIlld8d~to....~.. ......"CII(s-......__ ........ C.,.nmo .,..... Dept: ....r71-3ZZ1 '.'lIcWorhD.ptl ....rn."14 lent.l ellr. Cou." Rle,., H.Hlne: .....n....'4 _.,....e_.......... ... nc......r.ff ..... 1..1111,.1..... Haz.rdaalWaate: tll-lt..rs.. Cll,.rtllIO alallar)' a...r Dlltr UI_IU_tlT1 'a.ta Cllra VallaJ Urban fllllloff poputio. Pr"'l.tIol1 Pili'" ....nt.JUt at.. Oflk. of EIII.roene," I.nl... 1.......12.7I1fIUhnol .. .,h n... tG 911 APPROVED BY. ~~~~~ DlRECIOR OF PUBUC WORKS \ l.i4.(.) DArn General Construction and Site Supervision Stonn brain PoIJuIlOll from ConIItructlonActfvitlet; CanIIrucIon......__1lI11lor11l walwfll*llaD.............-llI1.blIlwor WIIIIIntD....dlaln,....,orllMlhlYll. dIeelllDpMtlDll**__andlhtBay. "'.~,....~._GI' ......oI/.-.roa..,..............ror .,.-.....--............"'- .~..~ -.....- Q I("PIlllClf'llwlJ.JtlIaJ>d&n.~regm ~tnctlcea:InUHd. a .....~propeJly. a CWW........-'*'Ihoy..lllllin.... a KelpIUleMllawa)''-'....,ftIIIlI dnIlaI_.....~ IJ er.n...coalJoI........'luwlRllar ~...-.s....... Adv8IJn "."",. To Prweat PoadIoII Q ....... -..................... .....,......plllMLTortductlllf...... _............,......."""nIIiID =--..............UllhEiolllrlt.. .....,~......MIIblI...llllI ~.....~COllIIlIBa.If,.. - C CaIIhI.......-:.....~JIIW. ~...--...q..IIIlIIGI.....lIl' --....,......................... .......brllllUlilll.... RfIlIla ......................,.---. .......,'*'*.....---- - D T...JIIIW'.....,............... n.._~......lIIlala.... --~................JIlU' ............. ,.......... ......-.............. _~UIe~_.CIIM ....~IIIII........- " ,........._IkMlgDilpl._. Painting and Application of Solvents and Adhesives ... DNinPollullon........ -...- JIll.............. ......... ~1IIIl_..,..,......IJt... ...... ...,--.,...... .."..o.m ,..~..._IaII~...... ......cr_~IlIIIIIa......PIIII ........-...........~..... **.....,..............dlIpIIIll'" ~,,~.........lnn.... ~.................... --- [] lfalpal....._,.-....... .......................... - -"""'" D .....................,.,wt .........IIIID...................... ,,............. a r.r...............PIinIDlIl........ ....-.t.........._........ .....IIIII.......--.y_, o FlII~"'''''''IINIlIII'''' -.lpoalIIlIlrIldo.....__or ..............-............. -..-fI(IMtIlI.~d_...... 1WIdoII.~_ lJ N1m.......IIy,.-...-.1JIId ~..._....~.....ba ...-:I"'....... Good 1IowM.."",. PrIcffNs IJ 1lMluP*'__of...IIIr....partdna, ~-=-=:::...... ....,i'OlIl__....**~,""'*'lI -...,......In.....,....gf_ a TOpftNnl.............."'_1IfO'WIdoI ---....~..............Of prwi:NI."-"-- a K-..........OIltof........-~1lIIIIll' ~....._CllVtt&lCllOl8ll'*"of ..oroonm.:tlon............plIdc~or ~1OCIfL8dn........,1Illd_ 1I'IIIIrIIIa...........N**W1....... .-.- aK..,...............~PlIoI.. .......~..........--.I........ -... C ClllnIlll....*"*and......pIk~ ao"'*,,*___IGII.~ar '-.......OI\,.........--u..&y......., lndKIdI_pcI&dIIt.r)'OlllllUt\UlIIwaW. lItI)nt....ugllII k.plhadJSldown. Oeo.....aJHllD8in\:IIItd""'P'llara,PlIloIdll'llp&lel!. undarrOthOf_willl\IOIpIor plutic8Nellng ..wrad~IheOlltlld.c:fh~.Newer <:IllanO\lt.~btho:lUvl_OI\IIIe -.... O......,...............,ha'*'"'............ _"""'*'IOMI..lnllDod~.....CIIocIc -"'- "~lUadIJRg lJPncIIGe_~-mhinlzewaote"""" yo;lU...~.EIIIIIalt..,..,., Q~.............'lIIllIMM".......,1IQl ..___..........,IIlIIII,........ ___olIINcl~P'II*",...anf __~1IlIIIIlftII;1UCIl_llIIlltoll. :a.......IIIlI..~ O..-fIId............................ ........~lIIIIIIlba.................. ....or6r-daf.,............,~ NJ'.....IIIdIIlIII..............n......... _a__or__blld. - o n ....IlIIo/ooal..... _..... PIIIft1!a. JOIl ..MtclIlIIoGIMIIII-......lbln ~e..a:.~.........PwmlJ ...COIIID::IllII............_loIIiIIoe _._~."GIrlMIPtnnII -a........-...RtgiMalWalllra.., eo.olllaard.cn-..............lo__ ----2IIIDJ Landscaping, Gardening, and Pool Maintenance I.MJdKlIfIIIIf1/GarRn IfalrJtMMCe lJ 1'raIKl1IMIIp....,.,IandKaplng........ '"-wIIIlt.....fllnbyltolitgu.nlll1dlw '*'PtOfHOUlldplalli:~, []ScIIIolIuIa-iP6'll&l>d~~ dlllfntdry........ a IJM~'*-okcl-.or__... d_.......-rfn:lnl_dralll, o I"rotHtstall'lldralnawllh~,-" tlhdbg.,atrww~.orOlftersecllmenl -- []R......~ilane_lktntlo'"'Clfo&ro<Iior> l;OIIll'oIforan~.1Ie. C hDfe~,fIItlIhM.,_lllIler ~il:akIllda-.OfIn.lMdor... -- a ==~-=" aonIIlNtI,llld_~..poIb;t. DJt,oMClIlNecl.tr\lllIY~n~ lrM.~oIl111i1a11dJlNtlc:i:lH. --_. []InCUI*lInD.~Wlhc:urblldelK)'Clllg _ooIIIcI.lIwn.......IIld_IIlnlrn.... ,..............Vwdwntlwil_GOIaolK .ndllanpDllm"'''c:Ifa~ ~"~Iocomllll&t ~OlHilt""""'Orllb ~k:oa"wMfe.MIl" - O~~"""*' "'--'Ind pnng.... m......._-.-'anl ....(lFhNlNby......_ z.ftkerRcl. ......""'-at). o DolOtblawor........1n1o ...-. 910nn D,.ln Poltutlon frclm landRaptng .nd Swimming Pool IIhIAtelUlnea ....,~~...WpoMlIOltMld m-IM-...ood......lrIllprOln '*"**_lIIftoffNll"llanlItlr'Indut'lrtg =:==OllIIlaiI*IOcIllomaand ~~IIIauId__ dildIIrgacIlolbI'II.....-n-~_ IllIIII:ta....... POOWOWdebl'Sp. ...lIrtMan" 0IaIIIInf pooQ Of""" WMnI'.....tadnlln.pod,apa,or~, ~"_tocall....C-'""'SIInIlary OIIlltctbatatll)lOll.'-"llOrtunlwgutdannon 1\oIIraIs~baclI:tklw~.and htIrldi1.g Sfl'(lIaI ~leartinll wuI8 [lUCh n ackl _h).DlachlIog.lklwsshoukl""k9fl1tolll,,"'''' IewiItyplcallypcalblollhrOlJtlbaganlen'-e ~rM$Sm"Yl>epl'OIllb!Iedb~'-' o MIvw~poolorapaWlltill'lOa ..........,.,dI*I; dkdIaop Ie a ~_c-..a'" lJljIOMiIIIa,.......IIIIIllJInI.pooIOf...lel ctIIInIlI.......Ior._a.yaIlldll\en ~......byd.......ltllrtldRllr DIItIO . .....,.. ..... a DoMt_aappw.baHlIlIg__ COIMll.....tHDrIr,.orCll.- 1llIm....,sudl..acxllualbnlrnlde. -- IJ ....dNa.llltlrillll'l.at1MIor_ra IIOrlIdNlIl.RNeOllU\lfgloWlll ..........-tllDNtcdl. dlrt.., 1lld......NSId_i'Ilgaoll.~~ ~~....In..prMge.. a ..................l8rt.....calI ~SInlIIlyIor~otI diIc:hlIlJllII....~.~1o lha.....,._. farth.Moving Activities SIorm lltaIn Poll""'" from Earth-llovlng_1lIes SDI-.lDnan:l P*ll ~a.n'" an'IllUDof....ca'lfloworbarHD8IDnn dnlD Wlen hnIId iIIpq)eIt,f, SdnInI in RnlI ca1_lIbm....tmaI1er~..an:I cIeeto:fhdllalncreeklrniwBay,EIIdlwt ......CDllralpldcMllICbltlhelll'lClltCllrunal ~a...tnllII::lwlMlIow.....cto&ckdlnlaor -......- I'ractJc8s During Consfrucffon O~~wgelIlfanotly..., ~ ~. PIMt ~ WQItIIIoafor.....ClOlIIrdOlll6llpeaor __conalJudlarl.ill'lCIl~IRmed, o PlWIIft ...... ......... -. ..... ... ... ..... Wth WIlIeI, or ~ch/nlIg8"""'Ulecl1eck""'or dib:MI to IINIt ...... .wnd ..,..,.,. Relwto lhe RegiInI......... ~ CaeoI BDlrd'lElDetnnSEdMft~FiBId """forproperlllOlionandllllmlrla::dal -- Q CcMr ..... WII ~ soli wtItI seeInd....crpl-'cal1ltOlg. .,. Il The property owner and the contractor share ultimate responsibility for the activities that occur on a construction site. You may be held responsible for any environmental damage caused by your subcontractors or employees. -- o Palatc:fllJa................... _*WIII.......__..... ......o:AdoIIlII............ __If....... a m.tIIl......................... ............................. ..............-.......1IIIlIl "ApDladc:f.__~ =:*...................... lJ -~ardlar*'l.............. .~....,IIIII:Il.............. llIRolIt..-.-_.___.... iaI...Q-,.......~!lIdIrJ' Cli*lcl1ll1ht"JJ'lIIl_"'.__" ......and__..llla....., ::=-!IIIaJIIoI"'.........._ [J~............ ...............""_IlCIIMIhW! __dLallll,_.,...,....1IIl ~"""')IIlU_""'''OI' dIIrJq,...1~""''''''''.""" .......,.....,..._.......~ ..._~".IlaI.......,. ~YIIowP4llll.a~ -, a ....i1"-_.....~....lIII ........~_.....lIoGk.... ......ctrIIcl_CIIpdoD8JJIlIQ~ III........................,..... 1011I.....,_.......__. lIllIIIfIr*Polll.............. PIItJtt~...CIl'.oa.r. o __01..--................ ...........-........... '-"-'_(alii...... .... tIIraoiuw..""'2l8-nOO). OOr......III........~I;D"'JilIIIt ~.._1II..,.....,.0aII.... --........-....-"'*'~ IJ ~-....(tIII..'/3!IOIII~l Roadwork 4. and Paving --- OOlMlklp_~"""""'" 0IIlIIIlf....t:r~.,...,... C 8lfIIdda~n.-.""'UtV ..-. C a.:llorllld................. []JIIIdIaIl................. ......_11I,...____ --.....II_,~~ ~.....CI:IlIlMIon... 1Jw.,.......or....~ ___1IIIIII....dcqlln..~a ~.....Dllln.........1DIb. [] Pv____oIiIl~.... _~dMn......... O"""l-:IaI,~__""" *__plIIIIfe,cr___d~. r-~.camtrill:drecp::lk:G -. -- [J ~__daIIlfIMItnlti1l.... o ...tn.lqupdd...........1D _..~...........- lIalIM.......cDIn::t_lno:n.:t ..IIftMClI'ud. IJ w.....-.,,___......,. 1dIIIa8KMllcr-..a~1iIrry1ll:l _.......OI:MIJ..pdId:.... .,.,....~---.. a.ap_n1 ~__ct....... o ~_boM__~lDdoan~ \ldedcln.UII.................. ....Danot*"'~..in... - SIorm 1IIaI. PoIIulIon -- ........adidnD.... pMIlWtllllllMll .......~................runsu.lS ~fllI'......__..".. ............"...,....Ilarm~ EIR....II"'*-'~..II'lCI~d ..............prdagalnllpgU;Jnd ....,.....a-.,tndh&.J -- 0.-..,..............11I_ ..........,,....Mrualn..,..,"~ ......--~........ ..- C c........c*Il............. "'*'___....n,ilIUry.....rog-. ._- [J ............."IlIlrvMII-. ..-dlllgl,cr_CDtKrIIbtMrlttlrllp .....- a ____"*IIIIan..... .._or.....~i'm elhel<<ttm.."OlIectnl'llCJdl,"" ....III~- IJ c.........(IIJiIIt.....*liJld ctw'acnN:lDnll1ll6lllal!lWll'lp.ll:lIrps. FnBttam'*fllnl.......llnIlIf. ...,.,.raoIa,...~.....n__ o Pt*.........__,..a .............{dIltI.IlIliJI,*ltI... ......flOtlnwe. o a................uq'rW ft'IIII:IdI.....,.......... rB8I).CII'dg",,~"'jIItIp!IIly__ .-.. o CaIId_....CII'~__d llIlMa......plIIlcr....m o AwIll~"..._trUt ...... Fresh Concrete and Mortar -' Application ~ stonn Drsl. PoIlutIo. from F""'" Con..... a.d _. AppIIcsIlOllS Fl8lltI~8fJdCll!llYlllflkelmorlal8 1hlIl:..... fnk).... ...... Oflltuarle$ _mIc~lIIhllldllleaqulllc IlWirl:nned.DiIpoIiluofllelemRlrillll 1D"lIDmldl'liNarClMklliCllllbloc:k Ibm d.... caueesl58flous PfI;lbIen. and .-..... --- IJVIIaah~__JfIbIR"'lnclelllln*id 'tIIIIIIbOIt_~yauryn,...,iI:III.am ............ -'-1IlI..... 1IkII\IIrlpc:arp__plln.di1__Let WIIlIIrpwgolalahuuVh....,~of IIlIIW.hardInId__.~ ~~"'dIIaIlby ......... .....--. a ............OIIlOdrt_ltIItdolllll ..1lcI.....dMN. [J AtwIiJI....ble.,........... ___."**'t'am.....endMOIl' 1lld....,_lIIIIm__Ot......... PnMdcty~km1lb1. [] s.c.....___IIIIr..,___. ~_lokllp~~pawdIr .-.,*-...........IIIIrm...... -...- o lIo__.............tabrIc:MIClI'1 __blna.lldI;~1n6n. Dewatering Operations 8tonn Drain Pollution From Dew.terlng AcUvill.. ~-...d~".com_prolIlamn IhaSlntllClnVfl1rl.DeptndlnfOll""typeland -'*""Y,~pIlIllpMtarlCOIIUul:Ion ....lIlll)'bt~....IoldCIo{IUCIl..clor tol\ItMI)Otlldlll...wdim......Myt:J... ____Mrm.....III~arlttBaJ'.or 1nlarfaNo...............hmIeIlIpllntoperalon. DIKHrp.g ....-.-.... ontar ....... .. d......... ... IaIo .., IfIIlar of tho fttts wIlhod........",...,_, 1.C/)..,t~To"II::PoIhttII,.. IJ Chtkforo4o....4bco1DratIo"..,ranotl., d'~(lngrnulllfwaler. a ASk)'OWbvlldlnalMpeclorwhlltherllle al'O\llldwalerlllllSlba_lttlI. o If --.....tlo.IS...~, h," 1M ....tar..dlclbr.....-.clllbomory. IJ~OIIM111tnt......JOIImar... .1cnNd1l1dlM:harjJ1a~pM............to tho.... ** (1110 MdIra" pnI$IllQ Of ....., _,OR. 'tQII m...~ nalIl*Sd 10 coIIcIt..dllalll~pI4~""" Iofnatmltlllll'MldllpaMl.....,1flIWOIll'lI1t tlmIa.ntfllcllr, 1. ChctlW....__l.--a. lJ .....WIItIr..c...r.....p...i*tllIIa....... thanzthllura,.J>dhflrrw..II.......an20 plDnl"'III_..nerrecelwlngllelJlPlO'tll oI1he~INpedrlr,J'OU."btlllDwedlo pvlIIp...........lMUaoIII,....-,..*Ol. o t1'..fMI.""......Ia_NIlIuItIloara ..lttlMftnnte,rulWtlI.-lCI.IMft,ClIII CdpartlIlo SSnbry, 253-7011,lorpld__. IJ 1f.......,lalOtclNr,toIkIllllustbe lIII.IftdorMllldOlllbypum..".MIIlIrlg lUkpdarta....... Oplbnllllr"'~ PtmI~IMIugIl....rfoIalitfpJpesu'* pI/I..,.lnIlcI."",..p/tlllldlfllh.."'~ Pul'RJlftllrWl."un.lpI.I<*I1).I1n' .....llIMIu*'ll.~p"""; '"-PbiI lIlrwgb..............such ..a......~pooI_Of...1*Ic In'\IppaclarOIINIlOIllIortucllllnplpe IJWIt.ltl~rglll.Ia.~...Ia,pro\.IeI tIIIOHat~.barrlarorlM.lllap~lIIN wIIIdraIotr:oct.__lI'IIatwlllaerrabrlc ~.....tblarata.Ollpumpnter llrOu\JIla....,......prIorlOcllllcllqe. - ......-. IJ DIcl'1_....hIII~ar__ ~)'OU....IIM...-.hcuf*Dd- IJ SII~..~~.....antarJllar "-YplIdc....... lJ_clIIrq.._~,......... .......... _................1lClI .,..~,...Inb........OfIlllll'lll _. o Pnlleot.......afflall1~1fld mon.-..........encll'UllOllrlll.... -...... [] waho-..............__ ...,...................(1)..cdD. ~...(2)..ado.Illnleil....1lIlIIl ...........PIIllI*I..(ItpoMdcl PRJIlIIlJ, ar(3J btl--.l-......... Gl.-adllrtllaclcD&.......1nIat.1f ~.~IVIlClII"...teMp:lIwyllelJnt. ........IUlClIf...IIlII...Gl*ncr -- IJ WllIlI~~"",,,,_,,. ~."placlIlI""""GIt~. ""'lqaduaulbl-.n~8Ia ~iIorlnfoonlWfCln. IJ ....1IIlry.....IlIIIIIrIaI.~dnal lnCUllIuI-...,IlOIlOIttt.grld,1nd 1I'IIWW1a..1nIIh, o .....~ulWMIIOUtnalMlIIeIt. *"'draInI,ftIllIoe......OI'*-L Heavy Equipment O.peration ~ Stormwater Pollution ~rom Heavy Equipment Dn .. Conatructlon Sit.. Po~ malntllned ~hlcle. aftd h.avy :~UZ.~.~~ ~:':.I~o~::n:ll"u:~::~r: or IlO"1l10n sourcesohlorm drain pOlutlofl. PItI~nlsplll&and leak.. bJlsolBtin; equlpm.ntfrom runoffchBnn.la, and by ..!chlng fa, Inks and other III .lnten.noe prohlem.. Remove con..truotlon equipment fTol1"!'tb..ite as.oon aspOllllble. Site P'anfllng and Prell'elllllle Vehicle Malllteltanc' ~ O.a...ata.n.....ClIIh.eonlln...tIort.lIa,"".. ....Jf_."".m."..k>lIIIdralnln'-R,for.ulo .lld.qoijllll.nlp.rkh....fu.lMll..ndrClutln. ...hlc1a.nd.qu\plll.ntm.r..n.n~.C""1a1o. Ihe'JfI..lttIb.nll,..ndb.",.'DlIl.r bwla.... a ..ID..I.annltlD....."d h.....,.llIq~lplD.nt. In.p.d"q~.lII/yror./ldr.p.lrlto.l/. a ,..rfelW m'lOr..I.t...nft.rap.Ir/Oh, .nd. utIh_./ldaqulp"'.nt....Itr.'llrr1I1a.wher. c:Ito."ulllI.......r. a Ifl'Ovrnnld.."'.ndrilplae.I1ICltarlll,radlalor ooaJant,or(jlb.rftvld.l>n''',VNcl''''p.a..or d...,.lolfl.I1tC.u.Il.rtp'.Il'.pllls.CClhct .'~.ntfluldl,.tar.lnl.p.ra"eonlaln...,and pl9P......,d..po....".zanloV....Iu{rDocJda ..h."nerpoulbla}. a DOllotu..d....I.II..lubrl....aqulprn.nl ,.rtI.,orcla....41vlp..lnl. U..onry "".to&rrot anyon.bela."lng. IJ Gonr..po..t1l1fthwb..tltll1lll..andCllller ol~Otllra..y.qu"'m.rrldurln, ralll.vatris. Spfll ClunuJ a c:....II.p.plllsl.."'Hlat.!J. a .....uh....d...n"1lirtJ'"pav.lII.ntor 1In1l.1'III.."...urfaOflI..H..IluId.h.....lp...d U.....,el..nup..tlIotl.(.h"rb.nt In.unlllla.oalllter,.ndlorr.,.)when.IY.r poulbla'rtd"ro,.rtydlapOceof.ll.orbtn' ..Isrlala. o ....pup.plladdr}l....to&flllIlmmedla..ly. Mn........plta....i1lhlh.......y".........r orDurtlh.... a Un.. IlItt.I ........ '0..... "'r d~tt ~ntr9l. eo.U.....tefll..dd".,,'Io&.nlllll>r dllclla'1ll.to.lol'1lldralnl C CIs.n .p.plllsondlrlar...llydllllllllll ~p.nd proparlydllpo.lrt,urconll_.ted.DII. o C...11 fer .".I&.ltUp'" IJ UIhe.,eIlOHl.allaKlclllllll_nl., hUlIlanlln..nd.dlty.pltlp.ltyortllll .nWalllunl. ~u mU.1 alao ra...... k 10 the StaIeOlflceofEmlf9.1l1t:!fS.rr\l::U, Small Business Hazardous Waste 9i~0sav,.rgm Buslnus..lllat ge.arala leas ilia. 2'1 ganons or 228 pou.ds ot haza.doua waSlaiper month are eligible 10 uae thili program. Cell 408.299.7300 for a uote. . r'::.':"~ -- CONSTRUCTION BEST MANAGEMENT PRACTICES CI'I'T or c'UP.....O DEPARTMENT OF PUBLIC WORKS SHE1IT; C 5 ~j'~. -,!IrI, ~"','lo4't ~~ - '~I~NI-~~NUE -"'--=="----===~'=-===-_t- ------ ---.---- --- rj> 1l.IlFASP[R NO,DtNlZAill.'ot). ca.lCEP'fIJ.-.LPlAN <> ~~~...../~ ....... ,.". 00-... .- """""" """ Z.-"" Arbutuw 'Wlma'- InlI6 ............. c:c ...."" c.dt~'F<n$t~ I~ GIt. Cclrd)4ln'llllWtrtlfts'Redstcr' PC z.-"" P)nJ'c.~eer' CtIantldeef Omomentd PiG'" SS 24~ eo. StqItoIoe.~'.SI"" -- ...... "". '-'llutlon\tOQ'lbeam' ~Wgple Cll .... C11vla mkllato 'Salomon. H)br\d' V....KD.Uy OA . ... Dlcksonklcrrtartlca TlIS'Ilanlan tree Fem LC ,... LCll"Clpalolumch....';'\wn. ,_..- we 'CO. W)Oco ~dlfomlcq Poclf!(: Wax W)'!'tltl NO 'CO. NlZlcllna<l,'GuItStnorn' Gulf Stream HItOVClIJ' Bomboo 'T PIl;\DIpOI'\Imt<Jb/rv...bl ~TobInI ON ,.. RapftIolepllumbtllalo'Wm' /)wgrl YBlklo li<mhom RT ,.. Ro8mcml,ll I), i_ 8I1Ie' TuKOllSl.l.RoMrncry . CO. -_. f~tS-- . CO. ~lJkllru~ coastROfIII'ftOI1 General Notes BOTANICAl.. NAYE ,,,. Lantana m,l'urpl,' 1 ... 1 ... -..... .......tI1u...~...'ZlIbrftd. , ... o,.hlOpOp'ljaburan 1 ... P8lniletum , ... Pl101'l1lklm 'OIJ6t' , Cd. Pt10rmlllm'EIronuSob)'" , ... Phormwm'Du.kyOllet' , Cd. JItIOlTIIllIm 'f>Iatt'. BIOQk' ....... .......... COtaICfoINAt,E ,,,...,,,, "' IS U' Tral~lmtGrIG --.. ..,......... .-- 1, "Green or Sustainable Landscape': 0.. Landscape woIISI to be constructed of rec)'Cled oggre<JOte with 'Tre)l' veneer to match the building, b, rotJ~~~g:e ~~ee in~~Z~h:":rt:;:{erW~Q~~ impervious to oIIow rain water c. landscape heoderboard between paving and planting to be 'lrex' recycled plastic- and wood fiber or approved equol. d. Reuge of the numerous existing landscape boutdefl!l OIl sIte.. (i', All plants and planting areas are to be amended and mulched with recycled wood from BFI Organics (yard trimmIngs and wood w03t$) or approved equal, f, 90" of the selected plants are classified as 'low water ltSOge' by the State of California. Department of Water Resources (WUCOlS), 9- All tree, and shrubs wDI be watered by 0 low volume Ol" drip irrigation system. OJ PE '" '" ""'lIoiop< ,""""'- ,I,...."", 'I""'''' H)t>rldFb: ,I,...."", ...""'''''' .. I1RI>JNPCO\<IlS Correap,'DuskyBelI&' AustrGlIanFuctJllkI 4'CI,C..lpClCiIlg GrMIecI'LowFonn' -- S G.1;.1IpOdrJ9 HeliCtotrlchOll llueOatCrOlil 18"o.c.lpQdng Roernarh.llio.'H\jnijppCorpet' -., 2'o.G,IlPG~ ~'loIouw0uater8' ,~...... 2'o.c.tpOCkIg \4fl:IollIon'byPoI;1ftcSocl r..r..Cllot 1 Cd. 1 Cd. L:) 2. .Provide 0 minimum 3- layer of recycled wood muleh within existing tree driplines. The area S' from each tree trunk is not to be planted. watered. nor is ony trenching allowed. Conceptual Landscape Plan Scale: I" = 20' - 0" ~ GregG. lng &AModares -''''''''' 15B5'/'h,,~SWb!2fJ1 &nfoseC4lil'Vmil95126 ~ ~~ Date B , . co , SlJo/08 Any Mountain Office Building Cupertino, CA DrawingTFlIe Conceptual Landscape Plan Job# Date: Scale. OrawnBy: Sheet: M0165 32906 AS NOlED CL1 RUG-14-2005 11:25 ~I o::;.~ :..c.:"-t J.:;1O..... i.'-JJ. LC R /lfllJh -if It FAX COVER MEMO August14,2006 RENTSCHLER I TURsr . 160 Bovet Road, Suite 200 San Mateo, CA 94402 Phone: 650-524-1980 Fax: 650-524-1985 iirentschfer@/andJaws.com TO FAX NUMBER I Cba rles T. Kilian, 408-777-3401 FROM: Judith J. Reotschler i CitJ Attorney I RE: Development Application , I PROPERTY ADD: 10495 N. DeAnza Boulevard I i R/T FILE NO. 2676.02 I t i PAGES: 4 inc:luding cover I i I o URGENT 0 PER YOUR R)ZOUEST 0 PLEASE REPLY ORIGINAL WILL BE SENT BY: rn" US Mail 0 OvernIght delivery o FYI o Will not be sent MESSAGE/ENCLOSURE: CONFIDENTIALITY: The Information contained in this facsimile transmission is intendeo only for the use of the addressee and may be confidential, may be privileged (attorney client, attorney work product, right to privacy) and may constitute inside information, If any reader of this communication is not the intended recipIent, or the employee or agent that is responsible for delivering the communication to the intended recipient. unauthorized use, disclosure or copying is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify us at the telephone number herein and return the original message to the address above via the U.S. Postal Service. HUb-14-20~b 11:~b r<1 o::;o;J ::;C::4 .I.::;OcO r'IO~ RENTSCHLER I TURSI~. AUg"\1~t 14, 2006 160 BOVEl IlOAD SUITE 200 . SAN MATEO. CAUFOfl~IA 94402 P: 650-524-1880 F: 550.524-1985 www.landiaws.com RE.U ESTATE LAW Charles or, Kilia.n , Esq. City Attorney City of Cupertino 20410 Town Center Lane, Suite 210 Cupertino, CA 95014 Re: Dl...>velopment Application for 10495 N. DeAnza Boule~rard, Cupertino rt/T rile 26i(i.02 Dear Mr. Kilian: This office represents Mariani Business Center, LLC ("Mariani"). This letter is in response to the points raised in a. letter dated AuguSt 8, 2006, from Patrick McGaraghan on behalf of the Applicant, Sand Hill Properties. The AppIicam has asked the City Coum:il to ignore and invalidate tbe recorded private agreement which Was entered into by the predecessors of the current owners of the pl:operties at 20600 Maria.ni Avenue (the "Mariani Property") and 10495 N. De.Anzll Boulevard (the "Sand Hill Property''). Objections to Reconflguration of the Parking Reconfiguration of the pa.tking and construction of a 25' tall parking garage will impose additional burdens 011 the Mariani Property, as the dominant tenement under the Declaration and Grant of Reciprocal Parking E:lsements (the "Rc.ciprocal Parking Easement"). While the parking garage may affoid greater numbc.:.rs of parking spaces to the Sand Hill Propctty, there is nQ assurance that spaces in the same location, and with the s~tne ease of access, will remain available to the tenants and invitees of the Mariani Property. Tenants and invitees of the Mariani Property may have to circle through all floors of the parking garage to find a puking space, and may have to walk considerably funhcr than they must currently, to get to their destinations. Further1nor~, the Applicant ignores the fact that for the duration of construction on the Sand Hill Property, the parking location, . accessibility, and availability to the owners and visitors of th~ Mariani Property will be lna.terially impaired, if not lost altogether. Once the garage is conHtucted, occupants and visitors will be at risk of the substantially greater number of cars exiting and entering the parking garage. The Mana.ni property COOSi5tS of a medical and acupunc:tUJ:e clinic, the invitees of which ate by their Vel)' defInicion not in the best of health. The proposed access w01.lld ha.ve a large volume of vehicles crossing the patient walkway into the medical offices. This tnffic certainly does ~ffect the "accessibility" of the parking available to the Mariani patc:l::l. Patients will be subjected [0 gtc&ter traffic on their way from their cars to the doc;tors office, putting thetn at greater risk of injw:y. R~G-14-2005 11:27 RT 55i21 524 1985 ?i213 August 14,2006 Page 2 Consent is Expressly Required The Reciprocal Patking Easement, by its expte~s terms, requires that "lAJ~ recont'iguration or reduction in number of spaces shall rc~uire the recorded written consent of the owner of the other Parcel and the fIrst mortgagee of record of such other Parcel." The Applicant atgues that consent is not required, bcc~use the first part of the saJne 'provi5ion allows relocation and r.econfigl1ration of parking spaces, subject to certain conditions (no change in number, reasonably accessible to other ownc.t). He seems to contend that, so long as these conditions are met, the Owner desiring to reconfigure its parking h:ls a unilareral.tight to relocate the casement without the consent or approval of the affected Owner. Howevet, the drafter of the Reciprocal Parking Easement did n2!: gtant either of the Ownels such a unilateral right to reconfigmc the spaces in his sole discretion so long 20$ these two stated conditions were met. Instead, ~ condition~ ate expressly imposed: 1. that the reconfiguration leaves the I'arlr.ing spaces "rc<L5onably accessible" to tlle tenants, etc. of the other parcel; 2. that the total nwnbet of spaces is not reduced, and 3. that the owner of tl:\e other parcel and the mortgagee of recClJ:'d consent thereto. TIlese conditions were set OUt in the original Reciprocal Easement Agreement at paragraph 2 ("Any reconfiguration or reduction in number of spaces shall require the l'ccorded written consent of the owner of the other; Parcel and the flrst mort~~ee of record of such otheJ: Parcel"), which was recorded as an exprc$t; condition of the original lot split in 1996, imposed by the Planning Cmnmission. A similar provision appears 2.t paragraph 1 of the Amendment thereto, which was imposed as an express condition of the change of use of the Mariani Property in 2004. The Amendment reiterates that ';'Any reconfiWJtation or redQction in number of spaces shall req.uite the recorded written consent of the owner of the other Parcel." The Amendment expressly addressed the fact that the consent of mortgagees was no longer required, at parag:aph 2 of the Amendnlent. The fact that it did not eliminate the requirement of consent of the Owner of the respective pa!cels is evidence of the f:act that this was and is a material part of the agreements of the parties. Where an is!>ue is expressly add.ressed, and some changes are made, tlle parties are deemed to have afflrmativcly elected !lQS to change other matters therein which are unchanged; and a different result cannot be implied. The City imposed these conditions both m 1996 :Ind again in 2004 in connection with the Mariani change of use. To adopt the intclpretation sought by the Applicant would not only void the recorded agreement:! of the adjacent landowners, but :USCl VOId the conditions of approvd of the subdivision as well as the conditions of approval of the change of use RUG-14-2005 11:28 RT 550 524 1985 P.84 August 14, 2006 Page 3 Standard for Consent The Reciprocal Parking Easement thus expressly grants each Owner tlle right to l;onsent, 01 to deny CDnsent. to the Owner of the adjacent parcel., even if the number of spaces and clIeir accessibility is not imp~d.ted. While Mariani asserts that its objections are reasona.ble, nothing in the Reciproca.l Parking Easement requires that such Owner's denial of consent be re:l$onable, in the eyes of the parry seeking to change or reconfigure its parking. This express requirement of c;:onsent is consistent with the general rules applIcable to easements: "The genelal. rule is that an easement may not be relocated without the consent of the owner of the servient tenement." 10-343 Ca~f(1rnitJ R~lJl BflateL:zw e:..,. Pradice ~ 343.16. The cited authority goes on to nnte that, where the terms of the easement are dear and the tights of the parties are well defmed ill the gram of easement, it is not necessllty to imply a reasonableness standard co the exercise of those rights. Not can such a requirement be implied in this Reciprocal Parking Agreement. As the Califotoia Supreme Court explained in Carma Developers Inc. v Marathon Development California. Inc. (1992) 2 Ca1.41h 342, 374, implied terms should never be read to VQry exprcss terms. Since the Reciprocal P~rking Agreement expressly requires not only a demonstration that conditions #1 and #2 above be met, but also that condition #3 is met, the interpretation offered by the Applicam would require te-writing cllC Reciprocal Easemem AgreemenL, .gnoring its express tcnns; and such a t:il.sk is b~yond the scope of the City's rights and obligations. Conditions of Approval The Applicant asserts [b.t, since the PllUln1ng Commission gtanted approval of the Project on July 11 despite objections on other issues raised by Mariani, the consent of Mariani is not tequired to relocate and reconfigure the parking. The Applicant skirts the fac;:t that, while approval was given, it was conditioned upon the conse11t of Mariani. The Applic'lnt's argument blur!,! the distin.ction between development tights gra.nted by the City, and the rights of private individuals granted pursuant to the recorded Reciprocal Easemem Agreement. Recognizing those distinctions. the Planning Commission properly imposed, as a condition of approva.l, that the consent of Mariani be secured. For thc foregoing reasons, Mariani objects to elimination of the Condition of Approval requiring 1.fatiani's consent to the proposed rcconflgu.racion of parking 011 the Sand Hill Property. JudlthJ. RenuclJ.ler Attomey for Mariani cc= Client TOTRL P.134 (( ~/i)1 Ow ;ff / t. . PIPER RUDNICK GRAYCARY DLA Piper Rudnick Gray Cary US LLP 2000 University Avenue East Palo Alto, California 94303-2215 T 650.833.2030 F 650.833.2001 W www.dlapiper.com August8,2006 OUR FilE NO. 357099-1 Charles T. Kilian, Esq. 20410 Town Center Lane, Suite 210 Cupertino, CA 95014 Re: Development Application for 10495 N. DeAnza Boulevard In Cupertino Dear Mr. Kilian: This letter is to follow up the conversation you and I had last Thursday regarding the above referenced application for development at 10495 N. DeAnza Boulevard, Cupertino, California (the "Property" or "Parcel B"). We represent the applicant, 1200 San Mateo Avenue, LLC dba Sand Hill Property Company ("Applicant") in connection with the project on the Property that is the subject of the application (the "Project"). The Applicant is concerned about a proposed condition of approval (the "Parking Condition") recommended by the Planning Commission in its July 11, 2006 hearing in connection with the Project. That condition requires, in essence, that Applicant obtain the consent of the owner of the property adjacent to the Property at 20600 Mariani Avenue (the "Adjacent Property" or .Parcel A") to the changes to the parking area that will occur as a result of the Project. The Parking Condition is apparently based on the interpretation that a consent requirement is required in certain circumstances pursuant to a reciprocal parking easement (the "Easement") which is of record against the Property and the Adjacent Property. We would like to present the background for your review since we believe that interpretation is not correct. The current owner of the Adjacent Property (Parcel A) is Mariani Business Center LLC ("MBC"). As you are aware from correspondence frorn Ms. Jane Wu dated July 12, 2006 and cornments made by Mr. Sam Wu at the hearing before the Planning Commission, MBC has certain objections relating to the Project which were aired before the Planning Commission prior to its decision to grant approval for the Project on July 11. None of those objections related to the parking rights that are the subject of the Easement. Nonetheless, Mr. Peter Pau, a principal of Applicant, has informed me that representatives of the Applicant have already made a number of efforts to obtain such consent. Those efforts have come to no avail, since MBC wants changes made to the Project that are unrelated to the Easement requirements or the consent provision of the Easement and in fact appears set on opposing the Project. The rnatter is now scheduled to come before the City Council on August 15, 2006, and the Applicant will request that the Parking Condition not be included. The Applicant has been advised that the City Council may consider this to be a legal issue as to which your advice as City Attorney will be sought. The building currently located on the Property was not able to satisfy the parking requirement for the Property based on the parking spaces located onsite. As a condition of approval imposed by the City at the time of a lot split, the Easement was granted and recorded in 1996 by a party who owned both the Property and the Adjacent Property (the "Initial Owner"), in part to enable the owner and users of the Property to have available certain spaces on the Adjacent Property. The Easement also provides that the owners and users of both the Property and the Adjacent Property were to have certain rights to parking on the property of the other owner, should they so choose. The Easement was amended in 2004 (the" Amendrnent") after the Adjacent Property (Parcel A) was sold by the Initial Owner to MBC. The Amendment was signed by both the Initial Owner (who still owned Serving clients globally 03/14/1994 09:40 4087773401 K PAGE 02 .rIHR RUDNICK GAAVCARV CharIM J. Kilian, Esq. August 8, 2006 page T'M> Parcel B at thet time) and MBC 8S owner of Parcel A. Paragraph 3 of the Amendment provides that Parcel A shall be entitled to utilize the parking spaceG on parcel B as well as the 14 spaces which are partially on Parcel A and Parcel B (the "Parcel B DIvided Parking Spaces") for purposes of satisfying the "parking requirements, building expansion and land use Intensities of Parcel B: whereas the same paragraph expre$Sly states that the 14 Parcel B Divided Parking Spaces are not to be available for such purpose. 88 to Parcel A. Paragraph 1 of the Amendment amends Paragraph 2 of the Easement to pro\llde that there are 41 parking spaces on Perr;:el A anCI 67 parking spaces on Parcel B (including the Parcel B Divided Parking Speces). Reading that provision with Paragl'8ph 1 and Paragraph 3 of the Easement, those are the spaces, including the Parcel B Divided Pert<ing Spaces, Which are subject to the croSS easements for ~rking and maintenance. Pursuant to Peragraph 5 Qfthe Easement, all such easement rights are __menta appurtenant and are n0n4xctLlsive in character. Applicant is not aware of any disputes betWeen Applicant end MBC regarding the foregoing. The conMnt requirement which the Parking Condition 8ppe8rs to relate is contained in Paragraph 1 of the Amendment (which replaces a similar provision from Paragraph 2 of the Easement). The key language in Paragraph 1 of the Amendment reads as follows: The owner of Parcel A and the owner Of Parcel a, respectively, each may relocate and reconflgure the perking speces on their respectNe properties so long as same remain reasonably acceS5ible to the tenants, ~upants, invitees. and guests of the other parcel and so long as the number of spaCSI5 are not reduced below said number [41 for Parcel A, 67 tc:Jr Parcel 8, including the 14 Plree/8 Divided Parleln, Spac..]. Any reeonfiguration or reduction in number of spaces ,hall require the re(:Qf'ded written content of the owner of the other Parcel. The Applicant, if it is requested, will pro'llde evidence at the City Council hearing. to show that all of the proposed parking on Pa~1 B witl remain "reasonably iilCC8Ssible to the tenants. occupants, invitees and guests- Of Parcel A. In point of fact the access will be in the same Ioc8tiOn as it currently Is, although a portion of two side-by-side driveways Is being etiminated due to its redundancy. The Appont's application already establishes that there will be more than 67 parking spaces of ground level parking on the Property, in addition to edditionallevels of parking that will increase the number of spsce. on Parcel 8 s1gnifle.-ntly. The Parcel B Divided Parking Spaces will all remain in their current location, and in fact there will be 15 such spaces in that location UpOl"l completion of the Project. You ..ked me whether there will be any addition. I burden on the parking due to the increased size of the proposed ProjeCt. The answer is an emphatic negative. At present there are 67 spaces on Parcel B. When the Project is built, there wUl be a total of 216 spaces (including in both numbers the Parcel B Divided Parking SplICeS), of which 92 spaces will be at ground level. The building will be 60,000 feet rather than 27.000 teet of space. The parking ratio on Parcel B will thus be Improved from 2.5 spaces per thoutand feet to 3.6 spaces per thousand feet. an ob\ltous advantage o'ler what is currently available to the Parcel A owner, even tholJgh Applicant is not SWlue of any need of Parcel A tenants to use Parcel B perking apaces at all, based on pa5t obMMItion. The only other question from the quoted language above (from Paragraph 1 of the Amendment) relates to whether me parking is Delng relocated and reconfigured. Based on the site plEIn for the Project, it is clear 03/14/1994 09:40 4087773401 K PAGE 03 ...... ...CRRUDNICK GRAVCARY Charlet J. Kilian. Esq. August 8. 2006 Page Three th.t the parKing win be .Iocated in the very same area aa it currently is located. except that there will be Increased parlclng arel and more parking spaces available. Based on the .bo'/e. the requirements of the Easement as amended by the Amendment are clearly satisfied without the consent of MBC as owner of Parcel A. MBC Is entitled to raise de'lelopment c:onQ8I'T\8 at the City Council hearing, as It did at the Planning Commission hearing. if it wishes to do so. However, MBC should not be given the right by the City to veto the Project as approved by the Planning Commission and as it may be approved by the City Council. by withholding a consent (that Applicant is not required to obtain from MBC under the Easement and Amendment) due to the language currently in the Partdng Condition. If MBC believes it has the arbitrary and unilateral right to give or withhold consent to cMngeI in the parking for the Project on Parcel B, which MBC has at no time asserted to Applicant or to the City to the be$t of Applicant's knowledge. that would in any event be a private matter to be resolved by Applicant ~nd MaC without the City having taken sides to require a consent from MBC as a condition to the development of the Project. Based upon the above. the Applicant will request that the City Council delete the Parking Condition when the ProjeCt cornea before the Council on August 15, 2006. If you believe there remain any legal concems of the Clty in connection with the Ea.ment. I would appreciate a chance to talk to you in advance of the heenng 10 that we undel'$tand and can address your concerns as beSt we can. Very truly yours. \.--,-- AdIfttt8d to practice In Caltfomia cc: Peter P8L1 PA\104tUO:U 3S7Otf..1 _ oJ .,. J J U v U L ~:&.~ ~ .... . ....._--~._.. ..' .- ~"'.' .)':' .' .....~ .t~:~(~;:.:'~~:?~~;;;~ RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: DoCijMENT :13495805 1111111111 "I~""" TUles':!' Poges' 6 rees.,.. 29,90 Talles, , . Cop iea ' . N4'r PAID 29.88 BANK OF THE WEST BREN>A DAVI S 1450 TREAT BOULEVARD SANTA CLARA COUNTV RECOllOER Re~rd.d at the request of WALNUT CREEK. CA 94596 Nor th Araer I con Tit Ie Caoopeny AITN: REAL ESTATE INDUSTRIES OROL. LOAN: 347000606 ROE II ll93 18/25/1996 8,ee AM DF..CI.A ltATION A~ GRANT OF RECIPROCAL P ARKlt:lG EASEtytENTS (With Consenlllnd Subordillluion of Beneficiary) THIS DECLARA nON AND GRANT OF RECIPROCAL PARXlNO EASEMENTS (the "Declaration") is made and enlmd Inlo this 17th day of Oc\ober, 1996, by ELDON HOFFMAN, an individual ("DectaRnl"). with reference to lite following factS: RE~IIAl.S: A. Declarant is the owner of that cenain real property (-Pa1cel A") locRlcd in lhe.S18IC of California, County of Sanl8 Clara., City of CupectillO. described as follows: Pucel A as skownon that CllnainParcc\ Map recorded August 27, 1980, in Book 469 of Maps, PARe 39. Assessor's Parcel No. 326.33-\09 B. Dccllll1lnt is a1wtbc owner elf lIlatamainreal propertY ("Parcel f1") located in the Slate of California. County of Santa CIalll. City of Cuportino. described as (ollows: Pl1I'Ccl B as shown on tllal teNin Pared Map recorded Augus127, 1980, In Book 469 gfMaps. page 39. Assessor's PafCI:[ No. 326-33.110 C. Declarant desi~ to provide for reciprocal parJdog and ingress/egress casements between said Pl1I'Ccl A and Parcel B (coUectively the .Parcels") on the lenns hereinafter set forth. IWJlJ;\lSm 119111.1 .J. 11l'1Jl\l6 -:-.'" ", ~.......... .~,,::. .. .. . , .~"" .... ". '. '.:'..:...~:;.'y~ ~~::.. ". :~.~...:, .. ., .~. . ~. ~~.~.. : >;~. ?:,: ;;:::;.:'~:\~: ',. . ," '2 ~~;::t~~f~~~L'::~:, '. _...._.~-~~~~~.:....- ' ,.t :;'::Ol.. 0 c-ci';:lt.:',J!. NOW, THEREFORE, Declarant hereby declares that Parcel A and PaI'CllIB, and all subdivided portions Ibcrcof, shall be beld. transfcmd.,ClICVmbcn:d,.u.'Cd, COII'iC)'Cd, leased and oCcupied slIbject to lhecovenanl$. ct'Jridiflons. resb'ldions,euementsaadrlglits herein Sel fOJtb far thcusc and beacfitQf ParcclA BIId Parcel aaad w:hpan Vlcrcor. All of the Jlmilluions. easements. uses, obligations. eovenanlS. restrictiOl\Sand conditions staled herein shall run with the real propeny. shall be binditll on aIlpartics havIng or acquiring any right, tille or (merest in die described realpropcrty or Ill1Y pan thereof (tncluding. .but DOt limited 10, lII1Y holdar of a d9d ortNSl, mongage or other security interest in all or lilY part ofeilher of the two Parcels. or both, and any ofthclrrcspectivc JUcceslol1-In.ItllA:reSt). and shall be for the benefit of oath owner of any portion or said real prvpcJ\y or allY iiltcrcst lbereln. and irwre to the beIlefitof and be binding upon eaeh such lUCCC5Ior-ill-inICrest of the owners lbercof, Each anc1 all of the said Iimilations. casements, uscs. obliptions. covcnanlS. conditions and rdlrietions shall be deemed to be. and shall bcCOlUtnled as, equitable scrvlOldcs, enf'orc:eable by anyone of the owners of either of the Parcels against any other Dwm:r. tenanl or occupant of the olher Parce\. 1. Park/or F-D~m\ent: Each Parcel shall have. and is hefc:by glllmed in favor of such Parcel. as dominant tenement. over and upon the l)lher Parcel. 15 servient lenemcnt, an easement for the parking of motor vehicles in areas dcsignatcd f(lr parking on such servienl tenement parcel. 2. AIIent.ljOI1~ Gurrendy;P4ReIAbas29ptrlchli1PllCeslUld ~lB 1las62par4ct1lg':spICCIl The owner of Parcel A and lha ownerofParceJ 8, rapcclivcly, cacb may relocate and rcconligure parldlll spaces on their rc:spcctivc properties 50 IObgas same remain reasonably accessible to the tenants, o<:cupants. invllccs, and guesu of the other parcel and so long 85 the number of spaces arc not reduced below said JlUrtlber. .':t'fIIlOIIfiguratlcm' ,- .. (IN__toahuwmIiWofljli_;;itliIl_~~:'M\ltIIfiiOlBerlfllr'tbl:~'6f:thc oIJIcr,PaceJ,,.lllt1l1e'fjr51l'nll'lrtg..~'01f<<i'Oi'tP:oNiU!JPo~~ 3. I~I'l!Il!lInd Fl,"!!ls: There IshcrebyJl1llled over and upon cach Parte!, :IS servient lelll!l11Cnt, for lhc:benefitoftheotherParcol,lI$ domilllUlt tenement. pedestrian and vehiculu insrcss and ~grc$S cascl'Dcnls for passqoaeross tbecommon property lines of the property and access to parklngspaces as contemplated in SCction2 of this DecJallltlon. '4. Mninlenunce: The owner of each Parcel slulR remain responsible for the maintenance of its respective: par/dng llrcu alllS sole WJt aDd cxpcItIC. and sltall.keep and maintain the same in good condition and repair. with all strlplq IIDlI pavement maintained in accordance wilh applicable ordinances of the City of Cupertino, the conditions or any use permits or other reSlrictions applicable to the respective parcel. Dnd conslalenl with the tenns of this Declaralilm, Neither pany slulll have a right of contribution from the olber party for n()rmaJ COSls of maintcnlllCC and repair of improvements of parking areas on such party's own B'\\'l.E\U,)1 129111.1 .2. IWIJM ":,." . . .' . '.l. '.. .~. ' t .. ;.. .' :'::..I, .:: ;'.;- ! ..:. ; I ....-.~.l,f;~~..,_ , I' ~ . _ ..J., .,J _~ c v 0 ,1:. ..:a~,<; -' ..~:~;: ....: .' ~ ......... Parcel. However. if. followinc II period thirty (30) days after wrillen notice. the owner of a Parcel dOCli not Clterci5e rcasonllblc lIllIintenancc and repair of lis respective parking area. dlc owner of the other Parcel shall halle lhe option. Upoll ten (10) addltlolllll days lIOlice, 10 tlIler and perform 5lIch !q)iir and maintc/lllncc, or 10 pllBUt any lllId all oll1er remedies available II law or In cquil)l, or boIh. In SllCh eYlmt. the pany perfonning the repair 011 the olber party's Pam:1 shall be emilled to recover the reasonable tollS of such repair omI mailllelllllCe from the other of the other Parcel, withiD Ion (10) days afler written demand, and if 1101 sooner paid, the amounl of such reimbutscme:nt shall bear InlCfesllt the ratc of len petteRI nO") per annum or the highest rate permitted. if lower, until paid. S. Charneter of ~1"emen!S: Thc:caselnClIlS I1ctein grartted arc appunellllnt 10 each respective Parcel. and are Ron-excluslve: prollldcd. hOWe\lef. that neither the owner of Parcel A nor dlc owner of Parcel B shall at any time gram to Dny owner or occupaDl of property othtr than on Pal'Ci:\ A I!l1d Parcel B. or to any person In gl\)$$. any rigbt 10 park vehicles on such Parcel. 6. RIIIl!$ aod RenJatlOll!: Each of thc'owncrs of Parcel A,aildPan:c1 B sball be pennlUcd to impose reasolllb1eregulatiollSllld s\anage OD the reqmtivc Parcell ao ,. 10 limit parldng to the OWIIers, Icasc:es, 0CcupIJlIS and invilCCand g\lC$lsofownetHod occupants of !he respective Parcels, and to restrict othcrsfrom parltinB thereon. The Owned of the two Pllrcels ,hall meet aad confer (rom 1ft 10 Lime 011 che terms lllld condlliollsohuch rules and reptalians, and in case of any disputebetwecn the parties over such rules and regulations. Utc dispute.sball be submillcd to bindmcatbltration in accorctlllccwltb the NIcs and procedures of die American Arblll'lltion Assoclatlon alld !be panics agNelO be boulld tluln:by. The prevalUl\I party in 1UI1 IlICh binding acblttatlon sball be entitled to RCOvcr Iii reasonable attorneys' and experts' fees and expenses us fixed by !hc arbitrar.or(s). 7. Ef[ectiYl!n~~: The easemenlS, scrvlbldes. covcnant~ and n:strictions sct forth hen:in shall take effect immedialcly upon the recordation of Ihls instnuncnt, and shaU aUlomatically talce effect_nd IJC deemed granted and passed wllh title ia tJw cventlJlerc shall ever be a severance of title of die two Parccls owned by Declarant, without requircmcPl of any fIlnher documcnllltion or instrument. 8. IndemnitY. In the event lhere shall ever be a severance oflilic of the IWO Parcels owned by Declarant. eDcb or the respective OWllCrs of Parcel A and Pureel B. on behalf of lhemsel\les and their respectivc 5UCCCSlOts-ln-intcl'CSl (each "lndcsn.'lifylng Owner"). agree to Indemnify. d~cnd. proteCt and hold the odicI' owner. and lu mpectlvc successors-in- . inlCrest {eacn. "lndemnlficl1 Owner"), harmless from and agaill5t any aDd all claims. ac\ions. causes of action. suits. proccedinllS, costs. cxpcllSC5 (includlns. without limitalion, attorneys' fees :md COSls). liabilities damagl:S IIId liens of any type or kind incurred or suffered by indemnified OW/ICr (coIlectivcly, the "Indcmnirled Claims") arisina OUI of in any way connecled with any DCt or omission of the Indemnifying Owner or II! respClltivc agenLq, IWIEU>>" IltlTl.1 -3- IDII1'" ," t. . '" '. ..' _..,"""'.':I:la~~~;"~'''-' r a~c: -t. . ..... "':~~~'!~'.~.,;/ , . ~. . ' . ' . .: '.. ~:::""'-7':' ,::;. ....... " .~.~::..~}.~~<~ :. '::. . lenanu. CDl\lrDClors. employees, .lX:CCSSOrs. 4"lgns, S1JCSIS.liecnsces or InvilCe'Sin. ~T .!Joul the Indenmifylll8 Owner's respecdve Parcel: exeeptinshowaver, any lndl!lMlfled Claim proximately RSUlt1ng from illY ncgllgllnl atl orombsion of tile Indcmnlficd OwnCl' or IllY of lis rcspccti~ .cenlS, fClUlnIS. c:ontrlCtoI1. employees. S\lCCCSSOl'S,ISliIps.lJIlCSIS, IIcmscesor invitee!. t. j 9. Reellrdi"i: Tbls Declaration shaUbI: rCl:Dtdedin the OffICial Records of SllOla Clam County, California. 10. Goveminl1l..aw: This Declaration shall beinl:rprclcd liild gDverned by tile laws of tlIe Stale of California. 11. Rum willll Jlnd: Thl: terms and provisions of this Declllrttion shall inure to lbc benefit of and be bindiag upon the owners. their families, guesu. invllecS. lessees. 5ublessees. granItes. purchasers. successors, estales, I1dminlstnllOt$. executives. devisees, heirs, assigns and lUbassigns. mongagecs, beneficiaries and assignl:cs, illCludinjl D<<:laranl. IN WITNESS WHEREOF, !he undersigned Declarant hereby CKr.cUICS this Declaration as of the date and year Iirst above 5e. fonh. STATE OF CALIFORNIA ) ;' ) $S. COUNTY OF Sa> ~'/-... t!..tA "".co.. ) 00 /0 . er'?";r, . before ~ (A"e'.#If",b~ a N"otary Public in aDd for said County, pellOnaUy I1pIlCIlIl'l!d &/~ ~ ' pfROIla11f IaKIWllle.fIIC (or proved to me 00 the bests ofa ... evldcnl:o) to be the person(s) whose naml:(5~rc Bllbscfibed to the wilbinlllStrUmClltand :acknoWl~lcd to tI1C ~hefthey executed the SU1e~/Ihei~au .~acIty(i~),1Ild tbal by ~(lhclr sigaature(s) onthl:insuuml:nt the pc:I$On( '. or thC. iIy upon. bcbJilfof which the person(s) acted. eecutcd Ute insll'1U1'lCnt. . ~"'~~"'7-' ?;/ .._0' Il~ k<-- ~ . ~~i / NOIaryPublic 1 ~~,..- anNml 111171./ -4. Im71llo . '. ,. '. ,'. . :'" : :. .~tt'; ,\' '.~ . . . .. .,.-;:{ri":~:({:~;...'.'. . .......-.... ..~._r_..aIAb~~~~.;:......,_ jO'oHi.lJb l'age 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: SPACE ABOVE nlls LINE FOR RECORDER'S USE AMENDMENT TO DECLARATION AND GRANT OF RECIPROCAL PARKING EASEMENTS THIS AMENDMENT is mado to that certain Deelaration and Grant of Reciprocal Parking Easements ( the "DecJarationn) originally executed October 17, 1996 by Eldon Hoffman as "Declarant" and recorded on October 25, 1996 ~ Document Number 13495808 in the Official Records of Santa Clara County, California. RECITALS: A. At the time of execution of the original Declaration, Declarant was the owner of two contiguous parcels of real property situated in the City of Cupertino, County of Santa Clara, State of California, described as follows; (1) Parcel A as shown on the certain parcel map recorded August 27, 1980 in Book 469 of Maps, Page 39, Santa Clara County Assessor's Parcel Number 326-33.109 commonly known as 20600 Mariani Avenue lUld hereinafter called "Parcel A", (2) Parcel B as shown on thatccrtain parcel ma,p -recorded August 27, 1980 in Book 469 of Maps, Page 39, Stuita Clara COWlty Assessor's Parcel Nwnber 326-33-110 commonly known as 10495 S. DeAnza Boulevard and hereinafter called "Parcel Bn. Both Parcel A and Parcel B may collectively be called the "Parcels" and each may be called the "Parcel", ru.':;Ie: ~ B. The Declaration granted reciprocal easements for parking and ingress and egress across each of said parcels of the subject property in favor ofthcother of said parcels. C. Declarant continues to own the real property commonly known as Parcel B, but Declarant has sold lhereaJ property commonly known as Parcel A and the owner of Parcel A is now Mariani Business Center LLC, a California limited liability company (hereinafter "LLC"). D. LLC applied to the City of Cupertino Planning Commission to modify the Use Permit for Parcel A to allow the use of the building contained thereon for general and medical office uses. E. On July 14,2003 the City of Cupertino Planning Commission adopted its Resolution Number 6197 approving LLC's application for use pennit modification subject to certain tenns and conditions contained in the Resolution. F. The condition of approval contained in Section m, Paragraph 4 of Resolution Nwnber 6197 requires that prior to building pennit approval "the applicant shall record cross access and parking easoments on each lot or provide written evidence that such easements already exist on these lots." ' G. The condition of approval contained in Section m Paragraph S of Resolution Number 6197 provides that prior to building pennit approval "the applicant may record a covenaht on the property, to the satisfaction of the City Attorney, agreeing that the row of parking bisected by the common property line shall be counted toward the parking rc~uirements, building expansion and land use intensities of APN 326-33-110 (Paroel B), located at 10495 S. DeAnu Boulevard. None of the spaces in this parking row shall be counted towards theparldng requirement, building expansion and land use intensities of the property to the west, APN326-33-1 09 [parcel A), located at 20600 Mariani Avenue," This Amendment to the Declaration is intended to satisfy the requirements of the conditions set forth in Recitals F and G above. NOW, THEREFORE, the parties hereto Ilgree as follows: 1. The provisions of Paragraph 2 of the Declaration are hereby deleted and the following substituted in their place: Parcel A currently has 4] parking spaces and Parcel B has 67 parking spaces. There are 14 parking spaces which are partially on Parcel A and partially on Parcel B (hereafter called the "Parcel B Divided Parking Spaces"), which spaces are shown on Exhibit A, attached hereto. The owner of Parcel A and the owner of Parcel B, respectively, each may relocate and reconfigure the parking spaces on their respective properties so long as same remain reasonably accessible to the tenants, occupants, invitee:!, and guests of the (lther parcel and SO long as the .I,. ll.jOJ..)O ~e.lge lot number of spaces are not reduced below said number. Any reconfiguration or reduction in munbcr of spaces shall require the recorded written consent of the owner of the other Parcel. 2. The Bank of the West and Wells Fargo Bank are no longer bene1iciaries of deeds of trust encumbering eitlrerofParcel A or Parcel B. The Dcclarationis amended by eliminating the requircmcntthat the written consent of the mortgagee of record holding a mortgage or deed of trust cncumberingeither Parcel A or Parcel B consent to any modifications of the Dcelaration. The parties agree that the modifications to the Declaration contained herein and Ole tenns and conditions of this amendment do not require tlle consent of any mortgagee of any mortgage encumbering the subject property or the beneficiary of any deed of trust encumbering the subject property and that no mortgagee nor beneficiary need consent to this amendment or any subsequent amendment to the Declaration. 3. The parking spaces on Parcel B and the Parcel B Divided Parking Spaces shall be counted only toward the parking requirements, building expansion and land use intensities of Parcel B and none of the Parcel B Divided Parking Spaces shall be counted toward the parking requirements, building expansion and land use intensities ofParccl A. 4. The tenus and provisions of this Amendment and the tenns and provisions of the Declaration shall inure to the benefit of and be binding upon the owners, families, guests, invitees. lessees, sub-lessees, grantees, purchasers, successors, estates, administrators, executives, devisees, heirs, assigns and sub-assigns, mortgagees, beneficiaries and assignees of the parties hereto. 5. Except as may be inconsmentherewith, the terms and provisionsoftbe Declaration are hereby ratified, approved and incorporated herein by reference as though set forth in full. In the event of any inconsistencies betwemt this Amendment and the Declaration, the provisions ofthis Amendment shall control. [continued on next page) .' :. C'l J...;) 0 .t"d.'::Je:=::> , IN WITNESS WHEREOF, the parties hereto have e>:ecuted this Amendment on the dates set forth opposite their signatures. "DECLARANT" 3- 2Lj-Q~ Date: ~~, ~- EID OFFMAN. ......- "LLC" MARIANI BUSINESS CENTER LLC a CalifOlnia limited liability company Date: 4 - 7 - 04-_ By: (1:)(JWu Name; AN DRIW Q W U Title: IYiM1A~e.y. ~~~ 1 ANli W l-\ M~OW' , , ..1 U ..L _, .... ~' Q ~ t u CALIFORNIA ALL.PURPOSE ACK:NOWLEDGMENT >t'l State of California County of S~ \.) ti..m ')()~O On ~~, before me, D.1O personally appeared ,6(....i)otot R. I Jft---~-~~~';-I Cammlt:sIcn. ,..,m i Notgry P\.OIIc - CaIIarI"iI J. ~~~=Ccudy I - - - ~~~~~~ _ _"'''''1_. -:):' }ss \ C~\i{fIY~ 5T~lll Ub II ~....- T...oI Olfocer 100....,. Dol. NllUl<Y P~) "M~.AJ NlIlltItI 01 SlQnOI(s) ;(personally known to me o proved to me on the basis of satisfactory evidence to be the person('V whose name~ Is/all5- subscribed to the within instrument and acknowledged to me tllat he/e.I..c/tt,ey executed the same In hil:r,ch",oule1r authorized capacity(~. and that by hislRar:tnei, slgnature~ on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the Instrument. OPTIONAL Thougll fhlt Informafion billow is not "uuirfl{/ by Jew. It may pfOl'fI rctluabfe fa p.~, rofylnp on the documeol and could provonl frauduJont romoll8l and fGsf1aCllmonf o( this fann fo anofher dOCU1nlJnt. Description of Attached Document .- ..(. ~ /\ ~ ~ TItle or Type 01 Document: 1trlk~tt1~~'6.;IO I ~lfl~ ~ ~f\\-r t1:- <:.. r~ L ~~~ ~S Document Dale: _ Number of Pages; ~ Signer(s) Other Than Named Above: Capaclty(les) Claimed by Sianer Signer's Name: o Individual o Corporale Officer - TlUe(s): o Partner - 0 Limited 0 General o Attorney In Fact o Trustee o Guardian or Conservator o Other: Signer 1$ Repl'e$enting: ~- 4jlI 'III ~__HMetr~.I35OOIS....",..,O eo, 24...~.CA'1~1:wa ....~."eev . "'- ,"'" No 1101 _ ea. ,_...,_ c e tllr-!Ob -=If It. d- Item # 18 - Consider Application Nos. U-2006-06, ASA-2006-06, TR- 2006-09 (EA-2006-09), Cliff Chang (Chang Architecture), 10495 N. De Anza Blvd., APN: 326-33-110 (former Any Mountain building): (d) Minute Order regarding implementation of General Plan Policy 2-42 "Revenue Analysis of Office Developments ". BACKGROUND This year, Council adopted the Fiscal Strategic Plan and the General Plan (GP). Both documents address the concept of a sales-tax-in-lieu fee to ensure that the city is made whole if a retail property is converted to a non-retail use. GP Policy 2-42, Revenue Analysis of the Office Development, requires new office developments greater than 50,000 square feet to provide revenue benefits to the city. Specific policy language is as follows: "In reviewing office development proposals, encourage office uses and activities that generate significant revenues to the City. Such as local sales offices, capturing point of sale Internet transactions and business-to-business tax revenues. New office development exceeding 50,000 square feet shall be approved only if one of these or similar benefits are provided. " This is the first application to come before you that falls under these parameters. Applying this concept would be quite easy if this property was currently producing sales tax for the city or a vacant piece of property. Unfortunately, the assessment becomes difficult because the property before you has operated as both a retail establishment (Any Mountain) and an office complex (Packeteer) during the past ten years. Due to the above circumstances, staff has provided you with a range of possible dollar assessments for this particular application, which would satisfy both the Fiscal Strategic Plan and the General Plan Policy 2-42 requirements. In September, we intend on bringing to Council a resolution for implementation of GP Policy 2-42, which will provide you with a very literal application procedure. This resolution will propose an assessment based on (1) current retail sale generation for properties currently remitting sales tax to the City or (2) the lower of the current Business-to-Business revenue realization stream for new office complexes not in our existing retail base. Again, because this property is unusual and the first to come before you under this requirement, staff is proposing the most conservative approach in assessment of the fee as outlined below. We considered the following in our analysis options: Current Business-to-Business sales tax remittance Current Any Mountain sales tax (projected to 2006) Proposed assessment period Old building square footage (75% of 36,000) $.67 - $1.33/square foot $.914/square foot 10 years 27,000 New building square footage Recommended payment Recommended interest rate for present value calculations 60,000 Present value of 10-yr stream 6% ANAL YSIS OPTIONS Based on the above, staff considered three different calculations: 1. Assess the lower of the current Business-to-Business revenue realization stream of $.67/square foot to the entire 60,000 building. Annual payment amount Lump sum payment amount (PV - 10yrs) $40,200/yr $295,875 2. Assess the current Any Mountain sales tax per square foot that would have been received if the retailer were still in the property, and at the old square footage (New development purchased 27,000 out of36,000 square feet). Annual payment amount (75% of $32,900/yr) Lump sum payment amount (PV - 1 Oyrs) $24,675/yr $181,610 3. Assess 30% at the current Any Mountain formula (occupied from 1996-1998) and 70% at the Business-to-Business formula (1999-2005) to reflect past occupancy patterns. Annual payment amount Lump sum payment amount (PV - 1 Oyrs) $35,542/yr $261,592 RECOMMENDATION Staff recommends that the Council assess a lump sum payment of$181,610 (the lesser of the three options) given the nature of this particular property and to eliminate unnecessary billing of payments for the next 10 years. Submitted by: Approved for submission: ~t2~. Carol A. Atwood Director of Administrative Services ~ David W. Knapp City Manager G/admin services/strategic plan/sales tax in lieu application.doc C t 6/lf/0G # (T. August 15,2006- City Council Meeting Dear City Council Members, F,XHIBIT My name is Sam Wu and I represent Dr. Andrew Wu and Jane Wu, the owners of the building at 20600 Mariani Ave. As you may know, it currently houses Dr. Andrew Wu's Acupuncture Clinic. Before, Dr. Wu's current building and the larger building adjacent form it made up what was then referred to as the "Any Mountain Building." It has come to our attention that the Sand Hill Property Group recently purchased the other building and has planned to build a new office building. Weare by no means against new office space in Cupertino nor the reconstruction of a new building in that lot. However, if the building were to be built according to the current plans, it would cause a detrimental impact to our building and its neighbors. Issues of Concern Easement Agreement and Parking Garage The current agreement states that "Parcel A has the right to use Parcel B to access Parcel A and visa versa." However, with this proposed building with over 200 parking spaces, the two parcels of land are no longer equitable. The increased traffic through our lot would be an unfair burden to us. Traffic Issue When the building was reviewed by the Planning Commission, they determined the traffic impact would be negligible. The underlying reason behind this determination is that the current traffic assessment assumes a 27,000 sq ft building used to capacity. However, this building has been vacant for over 4 years. If the proposed building were to be built, it would have dramatic impact on traffic especially during morning and afternoon rush hours. Mariani Ave. is not designed for the amount of traffic these cars will create during rush hour. At peak times, Mariani Ave is currently to it's the limit, especially turning from Mariani entering 280 south. Also, projects already approved by the City Council such as the Pinn Brothers housing developments and the new self storage facility will undoubtedly increase traffic to the area, especially on Mariani Ave. At the July 15th Planning Commission meeting, Commissioner Sadaati recommended a traffic study to be completed. At this time, we have not heard about the status of the traffic report. Density Issue The new General Plan for the North De Anza Corridor removed building density restrictions. As you can see on the blueprints included, the land usage is much denser compared to the buildings nearby. According to the plans, the developer is using every inch of build able space on the lot. Compared to the immediate neighbors, with large parking lots and set backs, this building will not equitable to its neighbors. Issue of No Tenants As it stands, there are no tenants or even potential tenants scheduled to lease the building. I believe general plan calls for new buildings with tenants that can bring tax revenue to the city. As it stands, there are no potential tenants. If the building were to be built with the current plans and still fail to find tenants, the city would be out of potential tax revenue and our office would be left staring at an empty parking lot. Solutions 1) Ingress and Egress onto North De Anza instead of Mariani Instead of traffic exiting onto Mariani, if the plans were changed so that traffic could exit onto North De Anza, it would greatly reduce the strain on Mariani Ave. This would by no means be a precedent for North De. Anza. Four such driveways exist on the section of North De Anza between Stevens Creek and Homestead. The building next to the planned development has such an exit onto Mariani. 2) Fully Underground Parking Garage Under the Building Weare very receptive to the idea of a fully underground parking garage under the office building. This would not only mitigate our concerns with the parking garage, but with the space saved, a public plaza could be installed. A public plaza would greatly increase the attractiveness and value of the surrounding area. 3) City Exemptions for Parking or Permission for Tree Relocation If the city could look into the possibility of reducing the number of parking spaces required for the building and allow the developer to relocate the large trees in the front of the building, the building could possibly be built closer to North De Anza. In this situation, the developer might be able to redesign the plans to address our concerns with traffic and parking and increase the value of their building by making it more visible on the intersection. Our acupuncture clinic adds great value to the city through tax revenue and the medical care we provide to the community. I support the redevelopment of the building next door and I hope to continue negotiations with our new neighbor and the City Planning Department. However, we need the help ofthe City Council to balance the interests of both the new residents and the current residents to make sure the end result is beneficial to all parties. 'it \~- ----::... -5::) .~ l~. -~ .----. ~; , j ; ~ ~~ti Af u go. ,;"". ; u' U ~ ',' ~i , '1. ti (j tt b II IJ (j 1t tl Q 1 n I >"J ~ ,/ 1 ""t;, tl tl U II u ;::'~ tI U tl ;,~ '. ~~ '; ~ . '4'1.~-11 - ~- d . .......~I..I.o l ~,; , "1 j ,LJI Ii hll > I~l'r;.....~. I!-:- I '" ~ ~ : I' jq :.. . " r: , . , , ~- ~~--~--:::..~ ~ ~~- - .- -iiMi':N -- <liIl""-''''''''' __ .~. j f ',., ".,.,." "..~'<".."-"'---'" _:'_~tt .0--.0< ~ .1)- ,Ol I mmm ",.j< .0-,1)(' _m"__-.,..-,t'tt- ~ (:) ~'~"-1 .~.or t .o-::~,:f'":'~ __!'~ l;oc,oi o! I if> (....^ --~-6 I t. ! 9! hI "l'1 I I 1 < {B bl Ii ~i N' .:t-(~) I ~ . Ifl '.11 ... +,.<:) 8 ~.y~.-+(:) b Q ~- I ~j: ,; I t 1 5'1' '(J : .i'?) I~: :~. ,:: :.....; ~ 2:1 :5, 0..1 0::' 8' ~l iNI~'1 \ , i ....--j."".j . C! , b ""... ~-; ~ 2: :5 a.. oc 9 u.. l- f./) - ~)