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U-1988-13 (Amended)b 13-U-88 C I T Y O F C U P E R T I N O � 10300 Torre Avenue Cupertino, California 95014 � RF50LUTION No. 4427 OF TF� PLANNING C�M�IISSION OF THE CITY OF CUPEL�I'INO APPROVIIIG AN Ex'I'II�TSION OF 'IHE TIME PII2IOD FOR VALIDITY OF AN APPROVID USE P�T FUR AN IIC�I�SPORY OFFICE BUILDING � Amended Use Permit appraval granted under File 13 U 88 (Amended) is hereby extended for two years, fro4n October 1992 to October 1994, unless the � General Plan amerx�nents eventually adopted chaizge the entitlements of the use pexmit prior to its being exercised. 'The intent of the Planning Con�nission is that neither the use pexmit nor its extension constitute a vested right and that should the use pexmit or any condition thereof heccsme inconsistent with any provision of any newly adopted General Plan amenchnezzt or any zoning ordinance adopted pursuant thereto, then in that event said use permit or condition shall bec�ne immediately void as of the effective date of said General Plan amenchnent or zonirig ordinance unless prior to said effective date, the applicant obtains a building permit for development and actually performs substantial construction work on the property to it�lement the use permit. All conditions of said Use Permit as described in the City Clerk's letter of 8/23/88 as a�ed 11/17/89 shall remain unchanged except as desc,�ibed above. 1 I PASSID AND ADOP'1� this 12th day of October, 1992 at a R�gular Meeting of the Planning Connnission of the City of Cupertino, State of California, by the foll�airig roll call vote: AYES: C�M�IISSIONER.S: Austin, Mackenzie and Mann NOES : C�OPM�SSIONER.S : Mahoney and C�airmarl Fazekas ABSTAaT: C�ONIl�LISSIONERS: None ABSII�T: C�SSIONERS: None ATTES'I': APPROVID: � - ��- 4 ��' ' -- rr r � , ` i G Robert Cowan 1 az , innan � Director of ConmYUnity Development Cupertino Planning Cc�rnnission � pereso/13u88 � NOW ON of eNpc"I"O 11) 100 Tone Avenue Cupertino, CA 95014-3255 felephnne: (408) 252-4505 FAX (408) 252 0751 COMMUNITY DEVELOPMENT October 13, 1992 John Hailey Project Manager Tandem Computers, Inc. 10400 N. Tantau Avenue, Loc 248-04 Cupertino, California 95014 Subject: Application 13-U-88 - Tandem Computers Inc. P.O. Bok 580 Cup!,tino, CA 95015-0580 This will confirm the action by the Cupertino Planning cc mnission at their meeting of October 12, 1992 at which time your Application 13-U-88 was extended for two (2) years per Planning Commission Resolution No. 4427. CITY OF CUPERTINO Ciddy Word/ell Community Development Department Enclosure letters/13u88 13-U-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4427 01F 'I11E PLANNING COMMISSION OF 211E CITY OF CUPERTINO APPROVING AN EW NSION OF THE TIME PERIOD FOR VALIDITY OF AN APPROVED USE PERMIT FOR AN EZG"r-=RY OFFICE BUILDING lvnended Use Permit approval granted under File 13-U-88 (Amended) is hereby extended for two years, from October 1992 to October 1994, unless the General Plan amendments eventually adopted change the entitlements of the use permit prior to its being exercised. 'Ihe intent of the Planning Ccmunission is that neither the use permit nor its extension constitute a vented right and that should the use permit or any condition thereof Lecome inconsistent with any provision of any newly adopted General Plan zurcndment or any zoning ordinance adopted pursuant thereto, then in that event said use permit or condition shall become immediately void as of the effective date of said General Plan amendment or zoning ordinance unless prior to said effective date, the applicant obtains a building permit for development and actually performs substantial construction work on the property to implement the use permit. All conditions of said Use Permit as described in the City Clerk's letter of 8/23/88 as amended 11/17/89 shall remain unchanged except as described above. PASSED AND ADOPTED this 12th day of October, 1992 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COIMSISSIONERS: Austin, Mackenzie and Mann NOES: COMMISSIONERS: Mahoney and Chairman Fazekas ABSTAIN: CX1NMSSIONERS: None ABSENT: COMhIISSIONERS: None A'ITE;ST: .Is/ Robert Cowan Robert Cowan Director of Community Development pereso/13u88 f:�•l�c.� fo�F /s/ Daryl Fazekas Daryl Fazekas, Chairman Cupertino Planning Commission • 6 CITY Or CUPEIZTINO, STATE OF CALIFORNIA 1Noo 'Torre Avenue Culiertino, A. 95014 (408) 252-4505 MINUTES OF THE 11EGULAR MEETING OF THE PLANNING COM SSION HELD 017 OC4'ODER 12, 1992 SALUTE '1'O 'I'Ifl' FLAG: ROLL. CALL: commissioners Present: Chairman Fazekas Vice Chairperson M n Commissioner Mack zie Commissioner Mah ney Commissioner A tin (arrived 7:47 p.m.) Marilyn Norli , Housing Coordinator Staff Present: R bert COW , Director of Co unity evelopment Cid Wo dell, City Planner Miche ejurman, Planner II Glen gg, Traffic Engineer APPROVAL OF MINUTES: Com. Mann made the following correct' n to the Minutes of 9/28/93: Page 7, 5th paragraph w d "amiable" ange to "amenable". MO'P[ON: Com. Macke ie moved to approve the minutes of September 28, 1992, as corrected. SECOND: Com. Mah ney VOTE: Passed 5-0 I'OS'PPOI7I:MEN'I'. 12 NEW AGENDA ITEMS: - None WRIT"ITN C MMUNICATIONS: - None ORAL Q MMUNICATIONS: - rim CONSENT CALENDAR: 1. Application n-U-88 - Tandem Computers: Request for an extension of a Use Permit for two years. Chr. Fazekas requested the removal of 13-U-88 of the Consent Calendar. Staff PrSlsentatio City Planner Wordell noted this is a request for an extension of an existing Use Permit which expires on October 18, 1992. She stated this Use Permit has not been implemented in I'I.ANNING coMMISSiON MINUTES Requlai Meetinq of October 12., 1992 Rage 2 the par.l hecauste the applicant would like to tie this building to their Master Plan. Ms. Wardell reviewed other reasons the applicant- has; not implemented the Use Permit as outlined in the :staff report. She stated there are several reasons why staff support the request for the extension, also as outlined in the :;tiff report. She noted a specific plan is being prepared as part of the General Plan and if other buildings are proposed they will he part of the specific plan which could' take 'up to a year to complete. She noted if the extension is not granted the Use Permit Will expire before a specific plan is complete. She stated the Planning commission allowed for the height in this specific area. Ms. Wardell stated the Use Permit would have to be in conformance with the General. Plan. In response to Com. Mahoney's question, Ms. Wardell stated if the General. Plan, as amended, conforms to allow this building, it could be built. Ms. Wardell stated the extension is a reasonable request • because of the time it will take to review the General Plan and complete a specific plan. She noted if the City chooses to change the General Plan to not allow this building the Use Permit would not be valid. Applicant Presentation: Mr. John Hailey, Tandem Computer, noted the staff report has addressed all the major issues. He stated Tandem has proposed in the General Plan review process, a building configuration which is not the same as what is before the Commission. tie stated this is the alternative they would pursue. fie feels it is inappropriate to proceed with the Use Permit for the reasons stated in the staff report. He stated the City needs to find a cause to not grant the extension and noted Tandem wants the flexibility to respond quickly to their own needs. In response to Chr. Fazekas' question regarding the parking garage, Mr. Hailey stated it is approximately two and one half stories with • no retail. in response to Com. Mahoney's question, Mr. Hailey stated they have been listening to what the community wants in the General Plan, but if the General Plan is approved with enough flexibility for Tandem to proceed in a different way, they will do that. Com. Mann stated there are safeguards in the resolution and Tandem will take the community's needs into consideration. She stated if the extension is not granted another application for a Use Permit will be tedious and expensive for the applicant. Com. Mahoney expressed concern about the actual physical height of the building. Ile feels this is an opportunity to prohibit an eight story building. Chr. Fazekas expressed concern about extending the Use Permit and Cl PI,ANN I fIG COMI115iSION MINUTES Reclul:l Meetinq of October 12, 1992 Page I feel?. I11,rt by clrantinq the extension they are approving the eight stoyy1111ilding, Ile stated the height of the building does not fit into •ury charaf:teristics of the General Plan. Coln. Allcctin n tated the applicant does have approval for the by, ilciinll in the General Plan and the extension should be granted. She noted she would support staff's recommendation. coin. Mackenzie stated he supports staff's position. He stated if this was to expire and the City does not have an approved General Plan, It leaves the door open for other proposals, maybe higher than this one. MOTION: coin. Mann moved to approve application 13-U-88 to grant a two year extension on the Use Permit subject to the findings and subconclusions of the hearing. SECOND: Coin. Austin VOTE: Passed 3-2 NOES: Coms. Mahoney, Fazekas PUBLIC HEARINGS: 2. ApbLication No(s): 9-U-92 and 17-EA-92 Applicant: Charles Fang Proper Owner: Moreno Moses Project on: 10036 Peninsula Blvd. USE PERMIT f a 2,496 s.f. retail buildi ataff Presen_t_ation: anner Bjurman presen ed the staff report. `:he outlined the proper on the zoning ma and noted the proposed use Is consistent with th eighborhood �mmercial Zoning District. M::. Bjurman outlined the roposal,,- hick is to demolish the existing single family resi nce and a detached carport and to • r:onstruct a ground story reta gith a second story residential unit. Ms. Bjurman outlined he roposed landscaping on the site plan map. She also explained th i ress/egress between the Animal Hospital. and the proposed building She not Dr. Brown did express concerns about security and oise if an ingress/egress easement was required between the prop ties. She stated staff agrees with these concerns and has added a ondition requiring the applicant to record and ingress/egress ea ement which will. be implemented at the time the hospital land use hanges. Regarding landscaping and tree protection, Ms. Bju an reviewed the trees which will be affected as well as the la dscaping, as outlined in. -the staff report. Ms. Bjurman noted staf has concern regarding, -the existing oak tree in relationship to th proposed balcony. She noted the arborist indicated that a si ificant amount"of canopy will have to be trimmed. She stated st f has 7ted a condition to have the second story window at a 1 ft. C17Y OF CUPERrINO 10300 Torre Avenue, Cupertino, California 95014 (408) 252-4505 To: Chairman and Members of the Planning Camnission From: Liddy Wordell, City Planner Date: October 12, 1992 St�JF]CP Application 13-U-88: Request for a two-year extension for an eight -story office building equalling approximately 300,000 sq. ft. Located at the Porthwest corner of Stevens Creek Boulevard and Tantau Avenue BACN2a X= Tandem Computers is requesting an extension of their use permit for an eight -story, 300,000 sq. ft. office building. The use permit was granted in August, 1988 and was extended in 1990 to October 16, 1992. Tandem requests an extension for the following reasons: o Delay in implementing the use permit due to new lard purchases that required master planning o Awaiting a final decision of the General Plan process o Delayed need for additional space due to the recession DISCDSSTGN There are several valid reasons to extend the use permit. o Once the General Plan is approved, a Specific Plan will be prepared which will add time before the use permit can be exercised. 0 The use permit conforms to the proposed General Plan height limit. Although the proposed maxi= height for the Vallco area is 105 ft. and seven stories, the proposed amendment acknowledges this use pernut: "The Tandem project (file no. 13-U-88) approved at the northwest corner of Stevens Creek Boulevard and Tantau Avenue is specifically exempted from the above new height limitation...." o The General Plan can still preempt the extension of the use permit, if the development potential for this parcel is limited. The use permit is not vested by the extension. 1.1060 w n • • Staff recamnends approval of a two-year extension with the provision that neither the use permit nor the extension constitute a vested right if any General Plan amendments or zoning ordinances change the land use regulations. Tandem ocnputers (13-U-88) October 12, 1992 Page -2- Enclosures: Model Resolution Letter from Tandem Catputer, 9/10/92 Use Permit Plans u- Robert Cowan Dir. of Camammity Development reports/13u88ext l 10100 Tone Avenue Cul,ertmo, Calfornia 95014 irdephone•. (408) 252.4505 Hf PARTMENT Of THE CITY CLERK November 17, 1989 Jon Boyes Tandem Canputers, Inc. 19191 VallCo Parkway Cupertino, CA 95014 P.O. Boa 580 Cupertino, California 95015 CITY COUNCIL ACTION - APPLICATION 13-U-88 (AMENDED - MINOR AMENDtEM OF USE PERMIT TO REDUCE THE NUMBER OF OFF-STREET PARKING SPACES FOR A 300,000+ SQ. FT. BUILDING LOCATED ON THE NORrd AST CORNER OF STEVENS CREEK BOULEVARD AND TANPAU AVENUE This will confirm the action by the City Council at their meeting of October 16, 1989 at which the subject application was approved per the following conditions: 1. APPROVED EXHIBITS At the owner's discretion, the parking garage height and number of decks indicated on Exhibits B-3 and B-4 approved under Condition 16 of Use Permit 13-U-88 may be reduced according to the Diagram labelled 1115rev: dated October 9, 1989, appearing in Use Permit File 13-U-88 (Amended). The owner may provide the additional parking without further review by the City except for building permits. The City may also require provision of additional parking, following a duly -noticed public hearing to consider such action The obligation to construct additional parking when deemed necessary by the City shall be recorded in a form approved by the City Attorney. n � • �� • oe 1rr a�Ealu� The developer shall design and construct the initial phase of the parking structure with foundation and structural members adequate in size and capacity to accommodate the full height and number of decks indicted on the original use permit exhibits, should the developer elect to increase parking at their discretion in the future. The applicant amy expand the parking supply from 830 to 1053 spaces according to the Exhibits described in Condition 16 of Use Permit 13-U-88 subject only to building permit review. Plonse review conditions carefully. iy. if you have any questions r, gardu—ig the conditions of approval please contact the Department of Cm pity Development staff members for clarification. Failure to incorporate ,. ocrriitiens into your- plan set will result in delays at the plan checking stage. If development corditions require tree preservations, do not clear the site until required tree protection devices are installed. The expiration date for the use permit is October 16, 1991 (Section 6.4 of ordinance No. 652 as revised by Ordinance No. 1136). Sincerely; DOROTHX CDRNELIUS, CMC CITY CLERK cc: Department of Community Development Department of Public Works Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard. Cupertino, CA 95014 Vallco Park Ltd. P. O. Drawer V Cupertino, CA 95014 Um 13-U-88 (Amended) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4214 OF THE PLANNING O"USSION OF THE CITY OF CUPERTINO APPROVING A MINOR MODIFICATION OF THE APPROVED USE PERMIT FOR A 300,000 S.F. OFFICE BUILDING TO ALLOW DISCRETIONARY REDUCTION OF REQUIRED PARiCENG AND WIIH ASSOCIATED MODIFICATIONS TO THE PARKING STRUCIURE The Planning Commission of the City of Cupertino received an application for interpretation of a minor amerxlnent to the approved building configuration for the subject development, and reduction of off street parking requiired, and; Said amendment is within the meaning and intent of Condition 20 of Use Permit 13-U-88 as to minor modification of prior approval. NOW, THEREFORE, BE IT RESOLVED: 1. APPROVED EXHIBITS At the owner's discretion, the parking garage height and number of decks indicated on Exhibits B-3 and B-4 approved under Condition 16 of Use Permit 13-U-88 may be reduced according to the Diagram labeled "15rev" dated October 9, 1989, appearing in Use Permit File 13-U-88 (Amended). The owner may provide the additional parking without further review by the City except for building permits. The City may also require provision of additional parking, following a duly -noticed public hearing to consider such action. ullJlul lu •1 : �1 L: �u1Tl The developer shall design and construct the initial phase of the parking structure with foundation and structural members adequate in size and capacity to accommodate the full height and number of decks indicated on the original use permit exhibits, should the developer elect to increase parking at their discretion in the future. The applicant may expand the parking supply from 830 to 1053 spaces according to the Exhibits described in Condition 16 of Use Permit 13-U-88 subject only to building permit review. PASSED AND ADOPTED this 9th day of October, 1989, at a regular meeting of the Planing Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Claudy, Mackenzie, Sorensen, Szabo, Chr. Adams NAYS: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: /s/ Robert Cowan /sl Victor Adams Robert Cowan Victor Adams, Chairperson Planning Director Planning Commission ,i peresos\rso13u88(Amended)