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Reso 4743 11-U-96 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4743 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT AMENDMENT TO HEART OF CITY SPECIFIC PLAN TO ALLOW CONSTRUCTION OF 141,000 SQ. FT. OFFICE BUILDING PLUS 4 LEVELS OF UNDERGROLTND PARKING OF SYMANTEC CORPORATION ON 1.29 ACRES 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, subj ect 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. 11-U-96 as set forth in the Minutes of the Planning Commission Meeting of August 26, 1996, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 11-U-96 Applicant: Symantec Property Owner: Cupertino City Center Apartment II, by Sunset Ridge Development Location: Lot 5 of Tract 7953 Cupertino City Center Resolution No. 4743 11-U-96 August 26, 1996 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS The approval is based upon e�chibit labeled "Symantec" dated August 26, 1996, West Elevation, South Elevation, Ground Level Floor Plan, Level 2 Floor Plan, Level 3 Floor Plan, Level 4 Floor Plan, Roof Plan, Plan Sheet L 1.1 as may be modified by additional conditions contained herein. 2. PARKING The "Symantec Site" shall accommodate approximately 657 parking spaces to meet the need of the Symantec Building and shared parking spaces to meet the need of surrounding land use activities that have right of use for parking based upon parking agreements. The number of parking spaces shall also be increased to accommodate parking spaces last on the adjoining property to the south as a result of "off site" landscaping. The below grade parking garage may be expanded to accommodate the additional parking spaces. 3. CORNER PARK The owners of the park located adjacent to the intersection of DeAnza Boulevard and Stevens Creek Boulevard and the applicant for the Symantec Building and the City shall participate in the planning and installation of improvements for said park (Lot 8, Tract 7953). The degree of participation for each party shall be based upon benefit formula to be approved by the City Council. One element of the formula is the degree of commitment improvement by private owners to install improvements as manifested by previously approved drawings. The formula and necessary agreements shall be approved and signed prior to issuance of a building permit for the designated site. 4. STEVENS CREEK BOULEVARD STREETSCAPE The applicant shall participate in the cost of installation of the Stevens Creek Boulevard Specific Plan streetscape improvements for the portion of Stevens Creek Boulevard fronting the "City Center Hotel Site" (APN 369-01-029). The degree of financial participation shall be based upon a formula to be approved by the City Council. The formula and necessary agreements for improvements shall be approved and executed prior to issuance of a building permit for a Symantec Site. 5. DEANZA BOULEVARD TREES All trees located on the DeAnza Boulevard frontage shall be a minimum of 24" box. 6. NON-DESIGNATED POOL Symantec is allocated 50,000 square feet from the "non-designated pool" of office building space referenced by general plan policy 2-3, strategy 3. The allocation is effective during the two year term of this use permit. 7. LANDSCAPING PLAN The applicant shall submit a landscaping plan for architectural review by the Planning Commission. Resolution No. 4743 11-U-96 August 26, 1996 Page-3- 8. HOUSING MITIGATION PROGRAM The applicant shall comply with the Housing Mitigation Program. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 9. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 10. 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. 11. 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 m�imum height permitted by the zone in which the site is located. 12. FIRE HYDRANT Fire hydrants sha11 be located as required by the City. 13. TRAFFIC SIGNS . Traffic control signs shall be placed at locations specified by the City. 14. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 15. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 16. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. i Resolution No. 4743 11-U-96 August 12, 1996 Page-4- 17. 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. � 18. 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. a. Checking & Inspection Fees: $ 6% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $3,000.00 c. Storm Drainage Fee: $3,121.80 d. Power Cost: $75.00 per street light e. Map Checking Fees: N/A f. Park Fees: N/A 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. 19. 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. 20. DEDICATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to San Jose Water Company and shall reach an agreement with San Jose Water Company for water service to the subject development. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveyi g conditions specified in Section IV. of this Resolution conform to generally accepted engineer' g rt Viskovic , City Engineer Resolution No. 4743 11-U-96 August 12, 1996 Page-S- PASSED AND ADOPTED this 26th day of August, 1996, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Doyle and Mahoney NOES: COMMISSIONERS: Harris and Chairman Roberts ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Robert S. Cowan Paul Roberts, Chairman Director of Community Development Cupertino Planning Commission g:/pdreport/rl 1u96 i