U-1988-13bWPM
STI�IN-S CREEK BC(,(EVARD
Site pl-
-PTANDEMCCeARiTERS
STONE MARRACCINI AND PATTERSON
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ITANDEMCOMPUTERS
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STOKE MAR R ACCINI AND P ATTE RSO\
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ITANDEMCOMPLrrERS
STOKE ',I ARRACCINIADD PA TT E R 5 0 N
City of Cupertino
10300 Torre Avenue PO. so. 5W
Cupertino. California 95014 Cupertino, California 95015
Telephone: (408) 151-4505
DEPARTMENT OF THE CITY CLERK
August 23, 1988
Jon Boyer
Tandem CQIl inters, Inc.
19191 Valloo Parkway
Cupertino, CA 95014
CITY COUNCIL ACTICN - APPLICATION 13-U-88
This will confirm the action by the City Council at their meeting of
August 15, 1988 at which your Application 13-U-88 was approved per the
following conditions:
CONDITIONS AQ+IIPUMZFE'D BY THE PUBLIC WORKS DEPAs7titFNT
1. STREET TMPR N!Ts & DEDICATION
Street widening, improvements, and dedications shall be in accordance
with City Standards and specifications and as required by the City
Engineer.
2. CURB. GUTTER & SIiJEkiAIX
Curies, gutters, sidewalks and structures shall be installed to grades
and to be coesstnycted in accordance with standards specified by the
City Engineer.
3. LTC#TT1I�G
Street lighting shall be installers and shall be as approved by the City
Engineer. On -street lighting shall be as required by the Architectural
and Site Approval Cammittes and ordinances and regulations of the
City. All on and off -site lighting shall be designed to in no way
interfere with adjacent areas and shall be no higher than the maXilmml
height permitted by the zols in which the property is located.
4. FIRE HYLRANP
Fire hydrants shall be located as required by the City.
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5. TFAM—C C(7C ML SIGNS
Traffic control signs shall be placed at locations specified by the
City.
6. 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 125.
7. GRADIIJG
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 214(a).
8. I32P�ZrUE
Drainage shall be provided to the satisfaction of the City Engineer.
9. UNDEFSF40RdD LTI'ILIZ'IES
The applicant shall be responsible for cauplying with the requirements
of the Underground Utility Ordinance No. 331 and other related
ordinances and regulations of the City of Cupertino, and shall make
the necessary arrangements with the utility companies involved for the
installation of said facilities. M-A applicant shall submit a
detailed plan showing utility underground provisions. (This plan must
have prior approval of the utility companies and the City Engineer.)
10. TAIMW AVENUEZSIEVENS CREEK BLVD. INTERSDCTICN 12 JVE�LENIB
The applicant shall improve the intersection of Tantau Avenue and
Stevens Creek Boulevard to a=m nodate two left turn lanes and one
right turn lane including but not limited to right-of-way dedication
(if necessary), restriping, signal modification or other functional
improvements deemed necessary by the Director of Public Works to
control traffic circulation.
11. BUS TURN-G(7T
The applicant shall dedicate and improve a bus turn -cut on Stevens
Creek Boulevard west of Tantau Avenue, subject to the approval of the
Director of Public Works.
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12. VAUJM PARIMY
The in and out driveways located near the corner of Valloo Parkway and
Tantau Avenue shall be modified to avoid conflicts with turning
movownts and queisng lanes. Said driveway may be limited to right
turn -in and right turn -art only, if required by the Director of Public
Works. The applicant shall install directional devices (such as
medians) as deemed appropriate by the Director of Public Works.
The driveway located on Stevens Creek Boulevard shall be relocated, or
use modified to the satisfaction of the Director of Public
Works. If the driveway access is shared with the site to the west,
the applicant/property owner shall enter into reciprocal
ingress/egress easax en s.
The applicant shall modify or install traffic divesters/signal
modifications, or other functional improvements to ensure project
traffic does not penetrate into neighborhood streets. Said
inprovements may be required at the the intersections of Stevens Creek
Boulevard with Tantau Averus and Finch Avenue as deemed appropriate by
the Director of Public Works.
• r•.• a ia,nl!aavia�l
The applicant shall be responsible for ocupleting the site as shown on
the approved plot plan and shall be required to enter into an
ignuvement agreement with the city of aWertino providing for payment
of neoessary fees, including but not limited to checking and
inspection fees, storm drain fee, and unden3rourd utility fee. Said
agreement shall be executed prior to the issuance of a building
permit.
•• • r • u r•,�• i i • • �• -u is
16. APPFOVID EXHIBITS
lbat the reccmnerdation of approval is based on Exhibits A, B, B-1,
B-2, B-3, B-4, B-5, B-6, B-7, B-8, B-9, B-10, B-11 of Application
13-U-88, except as may be amended by special conditions ernmierated
herein.
17. APPAOVED SITE PLAN
The location of all buildings, fens, roadways, parking areas,
landscaping and other facilities or features shall be as shown on the
site plan submitted, ewcept or unless indicated otherwise herein.
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Landscaping areas shall be maintained as shown on site plan. Detailed
landscaping plans, related to arrangement, selection of plant
materials and sizes, shall be approved by the Architectural and Site
Approval committee and city ccu=il prior to issuance of a building
permit.
19. TRANSFORMER S
Electrical, and telephone transformers shall be screened with fencing
and landscaping, or undexgrounded, such that they are not visible from
public street areas.
In the event that the applicant or subsequent property owner shall
desire to make any minor orange, alteration or amendment in the
approved development plan or building permit, a written request and
revised development plan oa:building permit shall be submitted to the
Director of Planning and Development. If the Director makes a finding
that the changes are minor and do not affect the general appearance of
the area or the interests of owners of property within or adjoining
the development area, the Director may certify the orange on the
revised plan. If such approval is withheld, the applicant may appeal
to the Planning commission. If the changes are material, the Director
shall a mit said changes to the Planning Conmission for approval. If
the change is denied by the Planning commission, the applicant may
appeal to the City Council as provided in ordinance 652 of the City of
Cupertino, If the change is approved, an appeal may be made by an
interested party. Further, any member of the City Council may request
a hearing before the City Council, said request to be made within ten
(lo) days from the date of approval - when the change has been
approved by the Planning mission.
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21. FIRE SUPPRESSION
The applicant shall provide the following equipment, access and design
features relative to fire suppression. The equipment and design
features shall be approved by the City after consultation with the
Central Fire District:
A) Tool caches shall be located in smoke proof enclosures as directed
by the City in consultation with the Central Fire District Tools
and storage racks shall be acquired by the applicant.
B) The applicant shall ensure that emergency radio oormunications can
be maintained throughout the structure. Install a radio repeater
system prior to issuance of occupancy permit, if determined to be
necessary by the Director of planning in consultation with the
Fire District.
C) A fire control room should be located with an Outside entrance.
This roan shall be Ammished and equipped as required by Chapter
18 of the Uniform Building Code. Location and equipment is
provided subject to City staff approval in consultation with the
Central Fire District.
D) A ld me Box system shall be required to store essential keys.
E) The applicant shall contribute up to a maxims of $150, 000 (not to
exceed one-third of the cost) towards the initial purchase of an
aerial ladder truck.
If the aerial truck has already been purchased, the applicants
shall contribute their proportionate share of the costs of said
truck based on an equitable formula related to benefit received.
Benefits received may be based on acreage, square footage,
building height, or building area at an elevation greater than 60
ft. me formula and contribution shall be determined by the staff
and approved by the City Council prior to release of building
permits.
The benefit formula shall provide for the reinu*'s"mnt of the
initial contributions in excess of their proportionate share.
The intent of the condition is to require applicants for high-rise
structures to fund extraordinary equipment needed to suppress
high-rise fires. The acquisition agreenent shall be approved by
the City Council.
In addition to the foregoing measures, the applicant shall consult
with the city and the Central Fire District to ascertain and
execute any changes necessary in the site's equipment access to
buildings and public spaces.
F) 2he applicant shall satisfy access requirements, possibly
including fire truck access to the south side of the building and
access by fire personnel into the parking structure, as necessary.
Prior to application for building permits for the approved
hotel/office project, the applicant shall prepare a security plan for
the c lex, in consultation with the Santa Clara County Sheriff's
Department.
23. LANDSCAPE IMVIEW
Prior to application for building permits, the applicant shall submit
a eaprehensive landscaping planting and irrigation plan for all
exterior landscape areas (including trellis and canopy materials)
included with the office complex. Said landscape/irrigaticn plan
shall be subject to formal review and approval by the Architectural
and Site Approval Committee. she landscaped setback area separating
the parking garage from Stevens creek Boulevard shall be a minim nn of
33 feet measured from curb. A "parkway" sidewalk section shall be
used consisting of 10 feet of planting area next to the curb, a five
foot sidewalk, ancl a minimum of 10 feet of planting area beyond the
sidewalk. Adjustments in minimum landscape depth may be approved in
the vicinity of the bus turn -cut.
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Sign program information on the exhibits is not approved. -ihe
applicant shall apply to the Architectural and Site Approval Caimtittee
for formal sign program review.
25. PEEdII= USES
Approval is granted to construct 325,000+- sq. ft. of industrial
administrative office/building.
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Prototype research and development is permissible if conducted in
concert with office functions of a business establishnent. Prototype
research and development is defined as follows:
Prototype R & D refers to research and development activities which
lead to the development of a new product or a new manufacturing and
assembly process. Products which are developed, manufactured and/or
assembled as a part of the prototype facility are not intended to be
mass produced for sale.
Guidelines for Prototype Research and Development
Control of hazardous materials: The type, use and storage of
hazardous materials for prototype research and development or
assembly is regulated by the Uniform Building Code, the Uniform Fire
Code and any new ordinance or other regulations which controls
hazardous materials.
Control of physical appearance: There shall be no outward
appearance that a prototype research and development or assembly
process is in place. There will be no exterior storage, and
receiving facilities shall be limited in scale. Generally, no more
than 25% of the total space ooaupied by the firm will be devoted to
a prototype research and development or assembly activity.
�,.. •A• WO •06.r'�?tip[
The applicant or successor in interest shall record a covenant
agreeing to join a van pool/car pool program to be established by the
City of Cupertino. Said covenant may, at the city's option include
provisions reg irirg the applicant or successor in interest to
provide, by lease or purchase, up to one twelve (12) passenger van.
Provision of said van is to be contingent upon the success of the
private program, success being defined as securing a paid driver and
sufficient paying passengers to defray the cost of acquiring and
operating the vehicle.
27. BICYCLE PARKII3G
The applicant is obligated to install one secured bicycle locking
facility, which is secured and protected from the weather, for every
6,500 sq. ft. of office building area. The applicant may defer the
installation of one half of the required number of facilities periling
a future study of the rate of use for the initially installed
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lockers. The study shall be initiated (and funded by the applicant or
subsequent owner) if the City determines, via a complaint or
observation, that there is a deficiency in the number of bicycle
facilities. A covenant shall be recorded following approval by the
City Attorney which informs a subsequent owners of interest of this
obligation.
28. P=-C AKP
Prior to issuance of oonstruction permits, the Council shall retain
the option to require installation of one or more "works of art,, for
public viewing and accessibility within the project boundaries, as
said works of art are defined in the guidelines developed by the
Cupertino Fire Arts O= issien and adopted by the City Council in
January, 1988.
The subject matter, placement and public accessibility to works of art
displayed shall be subject to approval of the Fine Arts comnissicn,
with final approval of the City Counoil. Cost for acquisition and
on -going maintenance of said works of art shall be borne by the
developer or successor in interest. The developer shall prepare and
record an appropriate instrument holding the City of Cupertino
harmless fran any liability associated with the installation or
display of said works of art.
Y: _ .h. i]I: • Y17f/�1 • Su12. 4:1210
The applicant/property owner shall record a covenant describing the
allowable development credits and the transfer of development credits
frffi the additional square footage allocated to the Valloo Park area.
Mw amount of development credits transferred shall be equal to the
building area net of the basement and Penthouse mechanical spaces
(approximately 12,000 sq. ft.), the cafeteria dining area
(approximately 5,700 sq. ft.) and the hall of products located
adjacent to the lobby (approximately 7,000 sq. ft.); minus the
allowable building area allocated to the site. The allowable building
area is equal to the net site area, after all public street
dedications, multiplied times .37. The following formula reflects the
above calculation:
Net Building Areal
- Allowable Building Areal
Square Footage to 3
be transferred
1. Net Building Area Equals:
Grass Building Area
324,500 sq. ft.
minus Basement mechanical -
10,000 sq. ft.
Penthouse mechanical -
2,000 sq. ft.
Cafeteria Dining -
5,700 sq. ft.
Hall of Products -
7,000 sq. ft.
Approximately
299,800 sq. ft.
2. Allowable Building Area Equals:
Net site Area
(excluding all public right-
of-way dedications)
237,600 sq. ft.
x
.37
87,900 sq. ft.
3. Square Footage To Be Trardferred
Equals Approximately
299,800 sq. ft.
-
87,900 sq. ft.
211,900 sq. ft.
The final amount to be transferred shall be based on the construction
and improvement drawings submitted to the Building Department for
construction permits.
said transfer of development credits shall conform to the procedures
set fortis in the Floor Area Patio (FAR) Policy Manual adopted by the
City Council.
In July 1983, the City Ociuncil adopted a General Plan Amendment
(, which permitted greater building intAnsity within Valloo
Park and) City Center. During digcussi preoeding adoption of the
constnrction tax, the City Council reserved the right to apply added
assessments for square footage above the base levels to mitigate
potential development impacts associated with a proposed project.
The applicant and the City agree on a fee equal to $1.00 per square
foot to be paid by the applicant prior to release of construction
permits. The fee shall be applied to all building area in excess of
the base .37 Floor Area Ratio (FAR) allowed on the net site acreage.
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This amount maybe used for street widening, van pooling, and/or other
measures which will mitigate potential development impact associated
With the approval of this use permit.
31. USE PEl3,= VALID__
This use permit shall be valid for a period of three (3) years from
date of City Council approval. The applicant may request an extension
prior to the date of expiration.
The applicant shall provide a plan for preservation of the existing
specimen Pine tree at the southwest corner of the subject property.
Said plan shall include graphic depiction of protection devices to be
installed along the dripline perimeter of the tree for the duration of
construction activities. The plan shall include a written report from
a consulting arborist or landscape architect, whose selection shall be
approved by the Department of Planning and Development prior to
preparation of the report. Said report shall detail measures to be
taken to ensure the survival of said specimen during and after
oovstrvction.
Shx)erely,
14
ell
DOFDIHY CMRN I S, C C
CITY CLERK
cc: Department of Planning and Development
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
Valloo Park Ltd.
P. O. Drawer V
Qnpertino, CA 95014
Tandem Ccoputers inc.
19333 Valloo Parkway
Cupertino, CA 95014
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01�-(--irr'NIT "3- u - a5
• u.iai
In JLtly 1983, the City Council adopted a General Plan. a*ersjme***
(1-crA-80), which permitted seater building intermity within vallco
Park and City Wntar. During Also, ion preceding adoption of the
oa traction tax, the City CM=il reserved tho right to apply added
assessments for square rootage above the base levels to mitigate
potential development impacts associated witha proposed project.
The. applicant and the City agree on a fee equal to $l.00 per square
foot to be paid by the applicant prior to release of construction
permits. The fee shall be applied to all building area in excess of
the base .37 Floor Area Ratio (FAR) allowed on the net site acreage.
This amount may be used for street widening, van pooling, and/or other
measures which will mitigate potential development impact associated
with the approval of this use permit.
1. Net Building Area Equals:
Gross Building Area
324,500 sq. ft.
minus Basement mecImnical -
10,000 sq. ft,
Penthouse mechanical -
2,000 sq. ft,
Cafeteria Dining -
5,700 sq. ft.
Hall of Products -
7,000 sq. ft.
AppraKimately
299,800 sq. ft.
2. Allowable Building Area Equals:
Net Site Area
(excluding all public right-
of-way dedications)
237,600 sq. ft.
x
.37
87,900 sq. ft.
3. Square Footage Tb Be Transferred
Equals Appradmately
299,800 sq. ft.
-
87,900 sq. ft.
211,900 sq. ft.
The final am int to be transferred shall be based on the construction
and improvement drawings submitted to the Building Department for
construction permits.
Said transfer of development credits shall conform to the procedures
set forth in the Floor Area Patio (M) Policy Manual adapted by the
City Council.
In July 1983, the City Council adopted a General Plan Amendment
(1-GPA-80), which permitted greater building intensity within Vallco
Park and City Center. During dismission preceding adoption of the
construction tax, the City Council reserved the right to apply added
assessments for square footage above the base levels to mitigate
potential development impacts associated with a proposed project.
The applicant and the City agree on a fee equal to $1.00 per square
foot to be paid by the applicant prior to release of construction
permits. The fee shall be applied to all building area in excess -of
the base .37 Floor Area Ratio (FAR) allowed on the net site acreage.
This amount may be used for street widening, van Pooling, and/or other
measures which will mitigate potential development impact associated
with the approval of this use permit.
31. USE PERMrr VALIDITY
This use permit shall be valid for a period of three (3) years frvn
date of City Council approval. The applicant may request an extension
prior to the date of expiration.
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The applicant shall provide a plan for preservation of the existing
specimen Pine tree at the southwest corner of the subject property.
Said plan shall include graphic depiction of protection devices to be
installed along the dripline perimeter of the tree for the duration of
construction activities. The plan shall include a written report from
a consulting arborist or landscape architect, whose selection shall be
approved by the Department of Planning and Development prior to
preparation of the report. Said report shall detail measures to be
taken to ensure the survival of said specimen during and after
can tr u tics.
Sincerely, �pp
DCiXJIfiY LIM, Cmz:
CITY CIM K
cc: Department of Planning and Development
Bill McBee
Cupertino Sanitaty District
20065 Stevens creek Boulevard
Cupertino, CA 95014
Valloo Park Ltd.
P. O. Drawer V
Cupertino, CA 95014
Tandem Ccnputers Inc.
19333 Vallco Parkway
Qqx tino, CA 95014
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13-U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOUMON NO. 4062
OF TSE PLANNING OCFKMION OF THE CM OF CUPMM40
REOCMMENDING APPROVAL OF A USE PERMIT TO OONSIlUJCT AN
EIGHT STORY, 325,000 ± SQ. FT. n WSTRLWOFFICE DwIDING
SECTION I• FINDINGS
WEEtF.A.S, the Planning Ccu nission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant has met the burden of proof required to support
said application; and
WHEREAS, the Planning Ccmuission finds that the application meets the
following requirenents:
a) That the use or uses are in conformance with the General Plan of the
City of Cupertino, and are not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is
to be located.
b) That the property involved is adequate in size and shape to
accmmmdate the proposed use.
c) That the proposed use will not generate a level of traffic over and
above that of the capacity of the existing street system.
d) That the proposed use is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious to
property and u pravements in the neighborhood.
NOW, THEREFORE, EE IT RESOLVED:
U at after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recamnended 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 are contained in the Public Hearing record
concerning Application 13-U-88 as set forth in the Minutes of the Planning
Ccmmiission Meeting of June 13, 1988 and June 16, 1988, and are
incorporated by reference as though fully set forth herein.
Resolution No. 4062 (13-U-88) 06/16/88
Page -2-
SECTION II: DFSCRIPPION OF PRilTECP
Application No(s) 13-11-88
Applicant: Tandem CcaMters, Inc.
Property Owner: Vallco Park. Ltd.
Location: Northwest corner of Stevens Creek Boulevard and
Tantau Avenue
SECTION III: CONDITIONS AEK NISTERED BY THE PUBLIC WORKS DEPA 7t`
1. gM ET It4Pr40VEVM,?I5 & DEDICATION
street widening, improvements, and dedications shall be in accordance
with City standards and specifications and as required by the City
Engineer.
2. CURB. GUTPER & SIDEWALK
Curbs, gutters, sidewalks and structures shall be installed to grades
and to be constructed in accordance with standards specified by the
City Engineer.
3. LSC�iPING
street lighting shall be installed and shall be as approved by the City
Engineer. on -street lighting shall be as required by the Architectural
and Site Approval Committee and Ordinances and regulations of the
City. All on and off -site lighting shall be designed to in no way
interfere with adjacent areas and shall be no higher than the maximum
height permitted by the zone in which the property is located.
4. FIRE FiYLbtATlP .-
Fire hydrants shall be located as required by the City.
5. TRAFFIC CONPROL SIC3dS
Traffic control signs shall be placed at locations specified by the
city.
6.• SIREET 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 125.
7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 214(a).
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Resolution No. 4062 (13-U-88) 06/16/88
Page -3-
8. DRAINa1GE
Drainage shall be provided to the satisfaction of the City Engineer.
9. UNDERrTOJND UPIISI'IFS
The applicant shall be responsible for caplying with the requirements
of the Underground Utility Ordinance No. 331 and other related
ordinances and regulations of the City of Cupertino, and shall make
the necessary arrangements with the utility oag3anies involved for the
installation of said facilities. The applicant shall submit a
detailed plan showing utility underground provisions. (This plan waist
have prior approval of the utility cowries and the City Engineer.)
10. TAM= AVENUE/STEVENS CREEK BLUR INnWEMON I 'FmVII4FS7PS
The applicant shall improve the intersection of Tantau Avenue and
stevens Creek Boulevard to acccumcdate two left turn lanes and one
right turn lane including but not limited to right-of-way dedication
(if necessary), restripirg, signal modification or other functional
improvements deemed necessary by the Director of Public Works to
control traffic circulation.
11. BUS TURN-CVP
The applicant shall dedicate and improve a bus turn -out on Stevens
Creek Boulevard west of Tantau Avenue, subject to the approval of the
Director of Public Works.
12. VALLOO PARKWAY
The in and out driveways located near the corner of Valloo Parkway and
Tantau Avenue shall be modified to avoid conflicts -with turning
movements and queing lanes. said driveway may be limited to right
turn -in and right turn -out only, if required by the Director of Public
Works. The applicant shall install directional devices (such as
medians) as deemed appropriate by the Director of Public Works.
13. SITVENS CREEK BOULEVARD DRIVESg1Y
The driveway located on Stevens Creek Boulevard shall be relocated, or
otherwise modified to the satisfaction of the Director of Public
Works. If the driveway is shared with the side access to the west,
the applicant/property owner shall enter into reciprocal
ingress/egress easements.
14. DIVERSION OF TRAFFIC FRM NEIGHBOIOMD STREETS
The applicant shall modify or install traffic diverters/signal
modifications. or other functional improvements to ensure project
traffic does not penetrate into neighborhood streets. Said
improvements may be required at the the intersections of Stevens Creek
Boulevard with Tantau Avenue and Finch Avenue as deemed appropriate by
the Director of Public Works.
Resolution No. 4062 (13-U-88) 06/16/88
Page -4-
PIM plxtjxoregzq•H'Ali Ii
The applicant shall be responsible for conpleting the site as shown on
the approved plot plan and shall be required to enter into a
development agreement with the City of Cupertino providing for payment
of necessary fees, including but not limited to docking and
inspection fees, storm drain fee, and underground utility fee. said
agreement shall be executed prior to the issuance of a building
permit.
SECTION IV • CONDITIONS ADMINISTERED BY Tim PLANNING DEPAKISIFNT
16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibits A, B, B-1,
B-2, B-3, B-4, B-5, B-6, B-7, B-8, B-9, B-10, B-11 of Application
13-U-88, except as may be amermcied by special conditions enumerated
herein.
17. APPROVED SITE PLAN
The location of all buildings, fences, roadways, parking areas,
landscaping and other facilities or features shall be as shown on the
site plan submitted, except or unless indicated otherwise herein.
18. LANDSCAPIT7G
Landscaping areas shall be maintained as shown on site plan. Detailed
landscaping plans, related to arrangement, selection of plant
materials and sizes, shall be approved by the Architectural and Site
Approval Committee and City Council prior to issuance of a building
permit.
19. TRANSFOR 4ER SQ2EFNSr1G
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergrounded, such that they are not visible from
public street areas.
20. MODIFICATION OF APPROVED DEVEIAPM NT PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor change, alteration or ammerdment in the
approved development plan or building permit, a written request and
revised development plan or building permit shall be submitted to the
Director of Planning and Development. If the Director makes a finding
that the changes are minor and do not affect the general appearance of
the area or the interests of owners of property within or adjoining
the development area, the Director may certify the change on the
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Resolution 110. 4062 (13-U-88) 06/16/88
Page -5-
revised plan. If such approval is withheld, the applicant may appeal
to the planning Commission. If the changes are material, the Director
shall subut said changes to the Planning Commission for approval. If
the charge is denied by the Planning Commission, the applicant may
appeal to the City Council as provided in ordinance 652 of the City of
Cupertino, If the change is approved, an appeal may be made by an
interested party. Further, any member of the City Council may request
a hearing before the City Council, said request to be made within ten
(10) days from the date of approval - when the change has been
approved by the Planning Commission.
21. FIRE SUPPRESSION
The applicant shall provide the following equipment, access and design
features relative to fire suppression. The equipment and design
features shall be approved by the City after consultation with the
Central Fire District:
A) Tool caches shall be located in smoke proof enclosures as directed
by the City in consultation with the Central Fire District Tbols
and storage racks shall be acquired by the applicant.
B) The applicant shall ensure that emergency radio oammunications can
be maintained throughout the structure. Install a radio repeater
system prior to issuance of occupancy permit, if determined to be
necessary by the Director of Planning in consultation with the Fire
District.
C) A fire control room should be located with an outside entrance.
This room shall be furnished and equipped as required by Chapter 18
of the uniform Building Code. Location and equipment is provided
subject to City staff approval in consultation with the Central
Fire District.
D) A K=x Box system shall be required to store essential keys.
E) The applicant shall contribute up to a maximum of $150,000 (not to
exceed one-third of the cost) towards the initial purchase of an
aerial ladder truck.
If the aerial truck has already been purchased, the applicants
shall contribute their proportionate share of the costs of said
truck based on an equitable formula related to benefit received.
Benefits received may be based on acreage, square footage, building
height, or building area at an elevation greater than 60 ft. The
formula and contribution shall be determined by the staff and
approved by the City Council prior to release of building permits.
The benefit formula shall provide for the reimbursement of the
initial contributions in excess of their proportionate share.
o�
Resolution No. 4062 (13-U-88) 06/16/88
Page -6-
The intent of the condition is to require applicants for high-rise
structures to fund extraordinary equipment needed to suppress
high-rise fires. The acquisition agreement shall be approved by
the City Council.
In addition to the foregoing measures, the applicant shall consult
with the City and the Central Fire District to ascertain and
execute any changes necessary in the site's equipment access to
buildings and public spaces.
F) Me applicant shall satisfy access requjsentents, possibly including
fire truck access to the south side of the building and access by
fire personnel into the parking structure, as necessary.
22. SECURITY PLAN
Prior to application for building permits for the approved
hotel/office project, the applicant shall prepare a security plan for
the complex, in consultation with the Santa Clara County Sheriff's
Department.
23. LANDSCAPE REVIEW
Prior to application for building permits, the applicant shall submit
a comprehensive landscaping planting and irrigation plan for all
exterior landscape areas (including trellis and canopy materials)
included with the office complex. Said landscape/irrigation plan
shall be subject to formal review and approval by the Architectural
and Site Approval Committee. The landscaped setback area separating
the parking garage from Stevens Creek Boulevard shall be a minimum of
33 feet measured frrm curb. A "parkway" sidewalk section shall be
used consisting of 10 feet of planting area next to the curb, a five
foot sidewalk, and a minimmu of 10 feet of planting area beyond the
sidewalk. Adjustments in minimmt landscape depth may be approved in
the vicinity of the bus turn -out.
24. SIGN PROGRAM
Sign program informatics on the exhibits is not approved. The
applicant shall apply to the Architectural and Site Approval Committee
for formal sign program review.
25. PER141 ED USES
Approval is granted to construct 325,0W4- sq. ft. of industrial
administrative office/building.
M
Resolution No. 4062 (13-U-88) 06/16/88
Page -7-
proto-type research and development is permissible if conducted in
concert with office functions of a business establishment. Proto-type
research and development is defined as follows:
Proto-type R & D refers to research and development activities which
lead to the development of a new product or a new manufacturing and
assembly process. Products which are developed, manufactured and/or
assenbled as a part of the proto-type facility are not intended to
be mass produced for sale.
Guidelines for Proto-type Research and Develorniernt
Control of hazardous materials: The type, use and storage of
hazardous materials for proto-type research and development or
assembly is regulated by the Uniform Building Code, the Uniform Fire
Code and any new ordinance or other regulations which controls
hazardous materials.
Control of physical appearance: There shall be no outward
a� that a pr�oto-type research and development or assembly
process is in place. There will be no exterior storage, and
receiving facilities shall be limited in scale. Generally, no more
than 25% of the total space occupied by the firm will be devoted to
a proto-type research and development or assembly activity.
r . -�• •�• n• �a is
The applicant or successor in interest shall record a covenant
agreeing to join a van pool/car pool program to be established by the
City of Cupertino. Said covenant may, at the City's option include
provisions requiring the applicant or successor in interest to
provide, by lease or purchase, up to one twelve (12) passenger van.
Provision of said van is to be contingent upon the success of the
private program, success being defined as securing a paid driver and
sufficient paying passengers to defray the cost of acquiring and
operating the vehicle.
27. BICYCLE PARKING
The applicant is obligated to install one secured bicycle locking
facility, which is secured and protected from the weather, for every
6,500 sq. ft. of office building area. The applicant may defer the
installation of one half of the required number of facilities perdinq
a future study of the rate of use for the initially installed
lockers. The study shall be initiated (aryl funded by the applicant or
subsequent owner) if the City determines, via a couplaint or
observation, that there is a deficiency in the number of bicycle
facilities. A covenant shall be recorded following approval by the
City Attorney which informs a subsequent owners of interest of this
obligation. _
Resolution No. 4062 (13-U-88) 06/16/88
Page -8-
28. PUBLIC ART
Prior to issuance of construction permits, the council shall retain
the option to require installation of one or more "works of art" for
public viewing and accessibility within the project boundaries, as
said works of art are defined in the guidelines developed by the
Cupertino Fire Arts Commission and adopted by the City Council in
January, 1988.
The subject matter, placement and degree of public accessibility to
works of art displayed shall be subject to approval of the Fine Arts
commission, with final approval of the city Council. Cost for
acquisition and on -going maintenance of said works of art shall be
borne by the developer or successor in interest. The developer shall
prepare and record an appropriate instrument holding the City of
Cupertino harmless from any liability associated with the installation
or display of said works of art.
29. MODIFTED SITE PLAN
The applicant shall modify the site plan to reflect street dedications
which maintain minimum landscape setback areas.
Me canopies, trellis and parking on the south side of the parking
structure shall be interrupted to provide vistas into the plaza lawn
area beyond per the applicant's revised drawing submitted at the
planning Commission meeting of June 13, 1988. Additionally, the
applicant shall relocate or significantly modify (reducing height
and/or scale) the above grade levels of the parking structure at the
corner of Stevens Creek Boulevard and Tantau Avenue to provide a
significant open area at the corner with an opportunity for activity
visible from the street and sidewalk, possibly connecting visually
with the elements of the interior plaza. The revised site plan shall
be approved by the Planning Commission and City Council prior to
release of building permits.
30. TRANSFER OF DEVELOPMENT CREDIT
The applicant/property owner shall record a covenant describing the
allowable development credits and the transfer of development credits
from the additional square footage allocated to the Valloo Park area.
The amount of development credits transferred shall be equal to the
building area net of the basement and penthouse mechanical spaces
(approximately 12,000 sq. ft.), the cafeteria dining area
(approximately 5,700 sq. ft.) and the hall of products located
adjacent to the lobby (approximately 7,000 sq. ft.), minus the
M
Resolution No. 4062 (13-U-88) 06/16/88
Page -9-
allowable building area allocated to the site. The allowable building
area is equal to the net site area, after all public street
dedications, rultiplied times .37. The following fonmaa reflects the
above calculation:
Net Building Areal
- Allowable Building Area2
Square Footage to 3
be transferred
1. Net BuildirKI Area Equals:
Gross Building Area
324,500 sq. ft.
minus Basement mechanical -
10,000 sq. ft.
Penthouse mechanical -
2,000 sq. ft.
Cafeteria Dining -
5,700 sq. ft.
Hall of Products -
7,000 sq. ft.
Approximately
299,800 sq. ft.
2. Allowable Building Area Equals:
Net Site Area
(excluding all public right-
of-way dedications)
237,600 sq. ft.
x
.37
87,900 sq. ft.
3. Square Footage To Be Transferred
Equals Approximately
299,800 sq. ft.
87,900 sq. ft.
211,900 sq. ft.
The final amount to be transferred shall be based on the construction
and inprovement drawings submitted to the Building Department for
construction permits.
Said transfer of development credits shall conform to the procedures
set forth in the Floor Area Ratio (FAR) Policy Manual adopted by the
city Council.
31. DEVEMPMENP FEE
Tn July 1983, the City Council adopted a General Plan Amendment
(1-GPA-80), which permitted greater building intensity within Valloo
Park and City Center. During discussion preceding adoption of the
construction tax, the City co%uncii reserved the right to apply added
assessments for square footage above the base levels to mitigate
potential development impacts associated with a proposed project.
Resolution No. 4062 (13-U-88) 06/16/88
Page -10-
'the applicant and the City agree on a fee equal to $2.00 per square
foot to be paid by the applicant prior to release of construction
permits. The fee shall be applied to all building area in excess of
the base .37 Floor Area Ratio (FAR) allowed on the net site acreage.
This amount may be used for street widening, van pooling, and/or other
measures which will mitigate potential development impact associated
with the approval of this use permit.
32. USE PER= VALIDITY
This use permit shall be valid for a period of throe (3) years from
date of City Council approval. The applicant may request an extension
prior to the date of expiration.
33. TREE PROFIECW N
The applicant shall provide a plan for preservation of the existing
specimen Pine tree on the subject property. Said plan shall include
graphic depiction of protection devices to be installed along the
dripline perimeter of each tree for the duration of construction
activities. The plan shall include a written report from a consulting
arborist or landscape architect, whose selection shall be approved by
the Department of Planning and Development prior to preparation of the
report. Said report shall detail measures to be taken to ensure the
survival of said specimen during and after construction.
PASSED AND ADOPM this 16th day of Jame, 1988 at a Adjourned Regular
Meeting of the Planning Commission of the City of Cupertino, State of
California, by the following roll call vote:
AYES: COMMISSIONERS:
Adams, Claudy, Mackenzie, Szabo and Cu itperr4n
Sorensen
NAYS: COMMISSIONERS:
None
ABSIAAW: OUOM SICNERS:
None
ABSENY: 0001ISSICtERS:
None
/s/ Robert Cowan /s/ Lauralee Sorensen
Robert Cowan
Director of Planning
R.S013U88 (Cl)
Lauralee Sorensen, Chairperson
Cupertino Planning Cannmission
W
Application 13-U-88 Tandem Computers - Suggested Added Conditions
31. TRANSFER OF DEVEIDPM NP CREDIT
The applicant/property owner shall record a covenant describing the
allowable development credit and the transfer of development credit
from the additional square footage allocated to the Vallcw Park area.
The amount of development credit transferred shall be equal to the
building area net of the basement and penthouse mechanical spaces
(approximately 12,000 sq. ft.), the cafeteria dining area
(approximately 5,700 sq. ft.) and the hall of products located
adjacent to the lobby (approximately 7,000 sq. ft.); minus the
allowable building area allocated to the site. The allowable building
area is equal to the net site area, after all public street
dedications, multiplied times .37. The following formula reflects the
above calculation:
Net Building Areal
- Allowable Building Area2
Square Footage to 3
be transferred
1. Net Building Area Equals:
Gross Building Area
324,500 sq.
ft.
minus Basement mechanical -
10,000 sq.
ft.
Penthouse mechanical -
2,000 sq.
ft.
Cafeteria Dining -
5,200 sq.
ft.
Hall of Products -
7,000 sq.
ft.
Approximately
299,800 sq.
ft.
2. Allowable Building Area Equals:
Net Site Area
(excluding all public right-
of-way dedications)
237,600 sq.
ft.
x
.37
87,900 sq.
ft.
3. Square Footage To Be Transferred
Equals Approximately
299,800 sq.
ft.
87,900 sq. ft.
211,900 sq. ft.
The final amount to be transferred shall be based on the construction
and improvement drawings submitted to the building department for
construction permits.
Said transfer of development credits shall conform to the procedures
set forth in the Floor Area Ratio (FAR) Policy Manual adopted by the
City Council.
z
nano � .u�a Dlp
The July 1983, the City Council adopted a General Plan Amendment
(1-GPA-80) which permitted greater building intensity within vallco
Park and City Center. During discussion preceding adoption of the
Construction tax, the City Council reserved the right to apply added
assessments for square footage above the base levels to mitigate
potential development impacts associated with a proposed project.
The applicant and the City agree on a fee equal to $2.00 per square
foot to be paid by the applicant prior to release of construction
permits. The fee shall be applied to all building area in excess of
the base .37 Floor Area Ratio (FAR) allowed on the net site acreage.
This amount may be used for street widening, van pooling, and/or other
measures which will mitigate potential development impact associated
with the approval of this use permit.
RSI3UADD(L10)
z
13-U-88
REWOf nIG OF CONDITIONS OF PIA OMr- C3'2'=ICN RESOLUMN
NO. 4062 PER DiSC7SSION AT CITY CXNCIL MEEITNG
OF JUNE 20, 1988
DESCRIPTION OF P-R—D XT
Application No(s) 13-1-88
Applicant: Tardem Cawiters Inc
property Owner: Valloo Park, Ltd.
Location: Northwest comps of Stevens Creek B+ulevard and
Tantau Avenue
CONDrnaIS ALMEMSPE ED BY THE RJ C WMS DEPARTMES7P
1. sTREETT I VROVEMEWS & DEDICATION
street widening, improvements, and dedications shall be in accordance
with city standards and specifications and as required by the City
Engineer.
2. CURB GUTTER & SIDEYAIX
Curbs, gutters, sidewalks and structures shall be installed to grades
and to be constructed in acoordance with standards specified by the
City Engineer.
3. LSGHM
street lighting shall be installed and shall be as approved by the City
Engineer. on -street lighting shall be as required by the Architectural
and site Approval Committee and ordizwioes and regulations of the
city. All on and off -site lighting shall be designed to in no way
interfere with adjacent areas and shall be no higher than the maximum
height permitted by the zone in which the property is located.
4. fDIEHYL-EM
Fire hydrants shall be located as required by the City.
5. TRAFFIC 00MM-L SIC3S
Traffic control signs shall be placed at locations specified by the
city.
6. SmEP TREIS
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 125.
7. GRADING
Grading shall be as approved and required by the city E7gineer in
accordance with ordinance 214(a).
M
Drainage shall be provided to the satisfaction of the city Engineer.
IJU�L•'L•� 1J• /YY YYOD..
The applicant shall be responsible for complying with the requirements
of the Underground Utility Ordinance No. 331 and other related
ordinances and regulations of the city of Cupertino, and shall make
the necessary arrangements with the utility coaaanies involved for the
installation of said facilities. The applicant shall submit a
detailed plan showing utility underground provisions. ('this plan must
have prior approval of the utility companies and the city Engineer.)
• Y• .IY• N.0 y�7►/iJ� •I'NQt a • . /Y71' 7i•�y r� • IS :•�/iulA/1."
The applicant shall improve the intersection of Tantau Avenue and
Stevens Creek Boulevard to ao=w)odats two left turn lanes and one
right turn lane including but not limited to right -of -ray dedication
(if necessary), restriping, signal modification or other functional
improvements deemed necessary by the Director of Public Works to
control traffic circulation.
11. BUS 1UFd1-17f 1�'
the applicant shall dedicate and iagnvve a bus turn -cut on Stevens
Creek Boulevard west of Tantau Avenue, subject to the approval of the
Director of Public Works.
12. VALLM PARFa4AY
The in and out driveways located near the corner of Vallco Parkway and
Tantau Avenue shall be modified to avoid conflicts with turning
movements and quainq lanes. Said driveway may be limited to riot
turn -in and right turn -out only, if required by the Director of Public
Works. The applicant shall install directional devices (such as
medians) as deemed appropriate by the Director of Public Works.
The driveway located on Stevens Creek Boulevard shall be relocated, or
otherwise modified to the satisfaction of the Director of Public
Works. If the driveway access is shared with the site to the west,
the applicant/property owner shall enter into reciprocal
ingress/egress easements.
The applicant shall modify or install traffic diverters/signal
modifications, or other f u•Icticnal improvements to ensure project
traffic does not penetrate into neighborhood streets. Said
improvements may be required at the the intersections of Stevens Creek
Boulevard with Tantau Avenue and Fitxh Avenue as deemed appropriate by
the Director of Public Works.
/rli:.•1 /7r1� / :l..Nlirl�./
The applicant shall be responsible for completing the site as shown on
the approved plot plan and shall be required to enter into an
improvement agreement with the city of Cupertino providing for payment
of necessary fees, including but not limited to checking and
inspection fees, storm drain fee, and underground utility fee. Said
agreement shall be executed prior to the issuance of a building
permit.
That the reccomendaticn of approval is based on Exhibits A, B, B-1,
B-2, B-3, B-4, B-5, B-6, B-7, B-8, B--9, B-10, B-11 of Application
13-U-88, except as may be amended by special conditions enumerated
herein.
17. APP SITE FLAN
The location of all buildings, fences, roadways, parking areas,
landscaping and other facilities or features shall be as shown on the
site plan submitted, except or unless indicated otherwise herein.
is. TANDSCAPIl1G
Landscaping areas shall be maintained as shown on site plan. Detailed
landscaping plans, related to arrangement, selection of plant
materials and sizes, shall be approved by the Architectural and Site
Approval Committee and City Council prior to issuance of a building
permit.
• •. ia• rlaa�y,
Electrical and telephns transformers shall be screened with fencing
and landscaping, or undargrounded, such that they are not visible from
public street areas.
In the event that the applicant or subsequent property owner shall
desire to make any minor change, alteration or amendment in the
approved development plan or building permit, a written request and
revised development plan or building permit shall be submitted to the
Director of Planning and Development. If the Director makes a finding
that the charges are minor and do not affect the general appearance of
the area or the interests of owners of property within or adjoining
the development area, the Director may certify the charge on the
M
revised plan. If such approval is withheld, the applicant may appeal
to the Planning mission. If the changes are material, the Director
shall submit said charges to the Planning Commission for approval. If
the change is denied by the Planning omission, the applicant may
appeal to the City Council as provided in Ordinance 652 of the City of
Cupertino, If the cinange is approved, an appeal may be made by an
interested party. Further, any member of the City Council may request
a hearing before the City Council, said request to be made within ten
(10) days fr® the date of approval - when the change has been
approved by the Planning Commission.
21. FIRE SUPPRESSION
The applicant shall provide the following equipment, access and design
features relative to fire suppression. 71- equipment and design
features shall be approved by the City after consultation with the
central Fire District:
A) Tool caches shall be located in smoke proof enclosures as directed
by the City in consultation with the Central Fire District Tbols
and storage racks shall be acquired by the applicant.
B) The applicant shall ensure that emergency radio communications can
be maintained throughout the structure. Install a radio repeater
system prior to issuance of occupancy permit, if determined to be
necessary by the Director of Planning in arnsultatien with the Fire
District.
C) A fire control room should be located with an outside entrance.
This room shall be furnished and .equipped as required by Chapter 18
of the Uniform Building code. Location and equipment is provided
subject to City staff approval in consultation with the central
Fire District.
D) A Knox Box system shall be required to store essential keys.
E) The applicant shall contribute up to a maximum of $150,000 (rat to
exceed one-third of the cost) towards the initial purchase of an
aerial ladder truck.
If the aerial truck has already been purchased, the applicants
shall contribute their proportionate share of the costs of said
truck based on an equitable formula related to benefit received.
Benefits received may be based on acreage, square footage, building
height, or building area at an elevation greater than 60 ft. The
fcrmula and contribution shall be determined by the staff and
approved by the City Council prior to release of building permits.
The benefit formula shall provide for the reimbursement of the
initial ecantributicns in excess of their proportionate share.
The intent of the condition is to require applicants for high-rise
structures to fund extraordinary equipment needed to suppress
high-rise fires. n e acquisition agreement shall be approved by
the City council.
In addition to the foregoing measures, the applicant shall consult
with the city and the Central Fire District to ascertain and
execute any charges necessary in the site's equipment access to
buildings and public spaces.
F) The applicant shall satisfy access requirements, possibly including
fire truck access to the south side of the building and access by
fire percmu-,el into the parking structure, as necessary.
22. SECURITY PLAN
Prior to application for building permits for the approved
hotel/office project, the applicant shall prepare a security plan for
the ccaplex, in consultation with the Santa Clara County sheriff's
Department.
23. LAN)SCAPE REVIEW
Prior to application for building permits, the applicant shall submit
a comprehensive landscaping planting and irrigation plan for all
exterior lardscape areas (including trellis and campy materials)
included with the office complex. Said landscape,/irrigaticn plan
shall be subject to formal review and approval by the Architectural
and Site Approval committee. The landscapers setback area separating
the parking garage from Stevens creek Boulevard shall be a minimum of
33 feet measured from curb. A "pa kway" sidewalk section sW1 be
used consisting of 10 feet of planting area next to the curb, a five
foot sidewalk, and a minimum of 10 feet of planting area beyond the
sidewalk. Adjustments in minimum landscape depth may be approved in
the vicinity of the bus turnout.
24. SIGN PROC AM
sign program information on the exhibits is not approved. The
applicant shall apply to the Architectural and Site Approval committee
for formal sign program review.
n;14114a� �7x
Approval is granted to construct 325,000+- sq. ft. of industrial
ac,,,inistrative office/building.
M
presto -type research and development is permissible if conducted in
ocnoert with office functions of a business establishment. Psoto-•type
research and development is defined as follows:
Proto-type R & D refers to research and development activities which
lead to the development of a new product or a new manufacturing and
assembly process. Products which are developed, manufactured arxVor
assembled as a part of the prates -type facility are not intended to
be mass produced for sale.
Guidelines for Proto-type Research and Develgnrrl
Control of hazardous materials: The type, use and storage of
hazardous materials for presto -type research and development or
assembly is regulated by the Uniform Building Code, the Uniform Fine
Code and any new ordinance or other regulations which controls
hazardous materials.
control of physical appearance: There shall be no outward
appearance that a presto -type research and development or assembly
process is in place. There will be no exterior storage, and
receiving facilities shall be limited in scale. Generally, no more
than 25% of the total space occupied by the firm will be devoted to
a presto -type research and development or assembly activity.
The applicant or successor in interest shall record a covenant
agreeing to join a van pool/car pool program to be established by the
City of Cupertino. Said covenant may, at the city's option include
provisions requiring the applicant or successor in interest to
provide, by lease or purchase, up to one twelve (12) passenger van.
Provision of said van is to be contingent upon the suss of the
private program, success being defined as securing a paid driver and
sufficient paying passengers to defray the cost of acquiring and
operating the vehicle.
27. SICYCIE PAMCIM
The applicant is obligated to install one secured bicycle locking
facility, which is secured and protected fx the weather, for every
6,500 sq. ft. of office building area. The applicant may defer the
installation of one half of the required number of facilities perding
a future study of the rate of use for the initially installed
lockers. 71he study shall be initiated (and funded by the applicant or
subsequent cumr) if the city determines, via a ocaplaint or
observation, that there is a deficiency in the number of bicycle
facilities. A covenant shall be recorded following approval by the
City Attorney ;hhich informs a subsequent owners of intexest of this
obligation.
M
28. PUBLIC ART
Prior to issuance of construction permits, the Council shall retain
the option to require installation of one or more "works of art" for
public viewing and accessibility within the project boundaries, as
said works of art are defined in the guidelines developed by the
Cuupertino Fire Arts Croaission and adopted by the City Canon in
January, 1988.
Me subject mattes, placement and public accessibility to works of art
displayed shall be subject to approval of the Firma Arts Commission,
with final approval of the City Council. Cost for acquisition and
cn-going maintenance of said works of art shall be borne by the
developer or successor in interest. The developer shall prepare and
record an appropriate instrument holding the City of Cupertino
harmless from any liability associated with the installation or
display of said works of art.
29. MODIFIED SITE PLAN
The applicant shall modify the site plan to reflect street dedications
which maintain minimum landscape setback areas.
The canopies, trellis and parking on the south side of the parking
structure shall be interrupted to provide vistas into the plaza lawn
area beyond per the applicant's revised drawing submitted at the
planning Commission meeting of June 13, 1988. Additionally, the
applicant shall relocate or significantly modify (reducing height
and/or scale) the above grade levels of the parking structure at the
oorner of Stevens Creek Boulevard. and Tantau Avmmie to provide a
significant open area at the oarner with an opportunity for activity
visible fl. the street and sidewalk, possibly connecting visually
with the elements of the interior plaza. The revised site plan shall
be approved by the planning Ccmission and City Council prior to
release of building permits.
30. TRANSFER OF DEVEiARSE27P CREDIT
The applicant/preperty owner shall record a oovenant describing the
allowable development credits and the transfer of development credits
from the additional square footage allocated to the Valloo Park area.
The amount of development credits transferred shall be equal to the
building area net of the basement and penthouse mechanical spaces
(approximately 12,o00 sq. ft.), the cafeteria dining area
(approximately 5,700 sq. ft.) and the hall of products located
adjacent to the lobby (approximately 7,000 sq. ft.); minis the
M
allowable building area allocated to the site. The allowable building
area is equal to the net site area, after all public street
dedications, multiplied times .37. The following formula reflects the
above calculation:
Net Building Areal
- Allowable Building Area2
Square Footage to 3
be transferred
1. Net Building Area Equals:
Gross Building Area
324,500 sq. ft.
minus Basement mechanical -
10,000 sq. ft.
Penthouse mechanical -
2,000 sq. ft.
Cafeteria Dining -
5,700 sq. ft.
Hall of Products -
7,000 sq. ft.
Approximately
299,800 sq. ft.
2. Allowable Building Area Equals:
Net Site Area
(excluding all public right-
of-way dedications)
237,600 sq. ft.
X
.37
87,900 sq. ft.
3. Square Footage To Be Transferred
Equals Approximately
299,800 sq. ft.
-
87,900 sq. ft.
211,900 sq. ft.
The final amount to be transferred shall be based on the construction
and irprovement drawings submitted to the Building Department- for
construction permits.
said transfer of development credits shall conform to the procedures
set forth in the Floor Area Patio (FAR) Policy Manual adopted by the
City Comcil.
In July 1983, the City Council adopted a General Plan Amenftent
(1-;PA-80), which permitted greater building intensity within valloo
Park and City Center. During discussion preceding adoption of the
construction tax, the City Council reserved the right to apply added
assessments for square footage above the base levels to mitigate
potential development impacts associated with a proposed project.
The applicant and the City agree on a fee equal to $2.00 per square
foot to be paid by the applicant prior to release of construction
permits. mis fee shall be applied to all building area in excess of
the base .37 Floor Area Ratio (FAR) allowed gn the net site acreage.
This amount may be used for street widening, van pooling, and/or other
measures which wil1 mitigate potential development inpagt associated
with the approval of this use permit.
32. USE PM= VALIDTTY
Mils use permit shall be valid for a period of three (3) years frau
date of City Council approval. 'Ihe applicant may request an extension
prior to the date of expiration.
The applicant shall provide a plan for preservation of the existing
specimen Pine tree at the southwest corner of the subject property.
5a.id plan shall include graphic depiction of protection devices to be
installed along the dripline perimeter of the tree for the duration of
coamtruc-.tion activities. The plan shall include a written report from
a consulting arborist or landscape architect, whose selection shall be
approved by the Department of Planning and Development prior to
Preparation of the report. Said report shall detail measures to be
taken to ensure the survival of said specimen during and after
construction.
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Cites of CWpertiho
10300 Torre Avenue P.O. Box SW
Cupertino, California 95014 Cupertino, California 95015
Telephone: (408) 252.4505
DEPARTMENT OF THE CITY CLERK
July 12, 1988
Tandem Ccnmters, Inc.
19333 Valloo Parkway
Cupertino, CA 95014
CITY COUNCIL ACTION - APPLICATION 13-U-88
This will oonfina the action by the City Council at their meeting of June
20, 1988 at which consideration of your Application 13-U-88 was continued
to the meeting of July 5 to resolve the issues relating to density (base
or bonus) and the fire truck.
At the meeting of July 5, 1988, consideration of this application was
Continued to the meeting of July 18, 1988.
Sincerely,
Z�A
DORATHY CORNELIUS, CMC
CITY CLERK
oc: Department of Planning and Develofanent
Valloo Park, Ltd.
P. 0. Drawer V
Cuperitno, CA 95014
Jim Derryberry
Dept. of Planning
City of San Jose
801 1st Street
San Jose, CA 95110-1795
Jon Boyes
Tandem Computers, Inc.
19191 Vallco Parkway
Cupertino, CA 95014