Reso 2941 APPLICATION 21-U-86
RESOLUTION NO. 2941
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
AN OFFICE COMPLEX CONSISTING OF APPROXIMATELY
150,000 SQ. FT.
SEernON I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant(s) has meet the burden of proof required to support
said application; and
WHEREAS, the Planning Commission finds that the application meets the
following requirements:
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
accommodate the proposed use.
c) That the proposed 1vsP will not generate a level of traffic over
and beyond 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 use, nor injurious
to property and improvements in the neighborhood.
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
BE IT FURTHER RESOLVED:
That the subcanclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 21-U-86, as set forth in the Minutes of the
Planning Commission Meeting of August 11, 1986, and are incorporatlarl by
reference as though fully set forth herein.
RESOLUTION NO. 2941 (21-U-86) August 11, 1986
Page - 2 -
SECTION II: APPLICATION DESCRIYi'ION
Application No(s) 21-U-86 and 19-EA-86
Applicant: Grosvenor International California, Ltd.
Property Owner: Mr. and Mrs. Will Tester
Location: Northeast corner of Stevens Creek Blvd.
and Tantau Avenue
SECTION III: CONDI'i'IONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. Street Improvements and Dedications
Street widening, improvements, and dedications shall be in accordance
with City Standards and specifications and as required by the City
Engineer.
2. Curb, Gutter and 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. Lighting
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 maxim= height permitted by the zone in which the
property is located.
4. Fire Hydrants
Fire hydrants shall be located as required by the City.
5. Traffic control Signs
Traffic control signs will be placed at locations to be specified by
the City.
6. Street Trees
Street trees will be planted in the public right-of-way and shall be
of a type approved by the city in accordance with Ordinance No. 125.
RESOLUTION NO. 2941 (21-U-86) August 11, 1986
Page - 3 -
7. Grading
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance No. 214(a) .
8. Drainage
Drainage shall be to the satisfaction of the City Engineer.
Surface flaw across public sidewalks may be allowed in R1, R2, and R3
zoning unless storm drain facilities are deemed necessary by the City
Engine r.
All developments other than R! , R2, and R3 zoning 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 Engincer.
9. Underground Utilities
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 companies 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 EnginpPr.)
10. Development Agreement
The applicant shall be responsible for completing the site as shown on
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 checking and inspection
fees, storm drain fee, and underground utility fee. Said agreement
shall be executed prior to the issuance of a building permit.
11. Transformer Screening
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergrou ded, such that they are not visible fLuLu
public street areas.
12. Street Improvements
The applicant/property owner shall dedicate sufficient frontage along
Stevens Creek Boulevard to accommodate a right-turn lane. The precise
alignment is subject to the review and approval of the Director of
Public Works prior to issuance of building permits.
RESOLUTION NO. 2941 (21-U-86) August 11, 1986
Page - 4 -
SEc ION IV: CONDITIONS A MINISTERED BY THE PLANNING DEPARTMENT
13. 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.
14. Approved Exhibits
That the recommendation of approval is based on Exhibits A, B, B-1, C,
C-1 and Informational of Application 21-U-86 except as may be amended
by special conditions enumerated herein.
15. Property Use Constraints
Approval is grant to construct office buildings consisting of
approximately 152,300 sq. ft. of gross floor area. Gross floor area
shall not include the courtyard area or future connecting link which
shall not be leased nor occupied for business purposes. Uses shall be
limited to general, corporate and administrative office activity, and
shall specifically preclude manufacturing uses.
Prototype research and development activity is permissible if
conducted in concert with office functions or business
establishments. Prototype "R & D" activities shall be regulated in
accordance with guidelines specified in the General Plan.
16. Bicycle Parking
The applicant shall install one secured bicycle locker for every 6,500
sq. ft. of gross building area.
17. Car Pool/Van Pool Agreement
The applicant or successor in interest shall record a covenant
agreeing to join a van pool/car pool to be established by the City of
Cupertino. Said covenant may, at the City's option include provisions
requiring the applicant or surf-lessor 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 surr' cs 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.
RESOLUTION NO. 2941 (21-U-86) August 11, 1986
Page - 5 -
18. Reciprocal Access Agreements
Prior to issuance of building permits, the applicant shall prepare and
record a covenant, acceptable in form and content to the City
Attorney, obligating existing and future property owners to provide
reciprocal ingress/egress easements between adjoining parcels. If the
adjoining property is under the same ownership, the easement documents
shall be placed in escrow and recorded, at no cost to the City,
simultaneously with any transfer of ownership.
19. MODIFICATION OF THE APPROVED DEVELOPMENT PLAN
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 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
revised plan. If such approval is withheld, the applicant may appeal
to the Planning Cczmrtission. If the changes are material, the Director
shall submit said changes to the Planning Ca mnission 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 my 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 fruit' the date of approval - when the change has been
approved by the Planning Commission.
20. Development Intensity Credit
This development is contingent upon the transfer of building area
credits fruu Vallco Park equal to 152,321 sq. ft. of building area as
agreed upon in the Letter of October 27, 1986. Prior to issuance of
building permits, the applicant shall record a covenant to describe
the building area credit transfer on the subject property. The City
Attorney shall determine a suitable mechanism to record the reduction
of building area credits from the transferring parcels.
21. Landscaping
Landscaping along Stevens Creek Boulevard shall provide 50 ft. of
landscaped area measured frun the future alignment of the curb. In no
case shall the landscaped depth be less than 35 ft. and the corner
triangular landscaped area and parking space landscaped returns may be
calculated into the frontage landscaped area for the purposes of
averaging per Exhibit C-1.
RESOLUTION NO. 2941 (21-U-86) August 11, 1986
Page - 6 -
23. Stevens Creek Boulevard Sidewalk,/Landscaping Plan
The sidewalk along Stevens Creek Boulevard shall consist of a 5 ft.
walk placed 10 ft. inboard from the curbline consistent with the
alignment in the Stevens Creek Boulevard Sidewalk/Landscaping Plan.
Sidewalk placement shall be between the double row of trees along
Stevens Creek Boulevard.
24. Consolidate Parcels or Adjust Property Line
The applicant shall either consolidate the parcels into one lot,
adjust the property lien to avoid planned buildings, or otherwise
demonstrate compliance with Building and Fire Codes relating to
proximity of building walls and property lines.
25. Shift Driveway
The driveway on Stevens Creek Boulevard shall be shifted westerly to
align with the parking aisle subject to approval of the City Engineer.
PASSED AND ADOPTED this llth day of August, 1986, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: COMMISSIONERS: Sorensen, Mckenzie, Chr. Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COIM ISSIC S: None
ABSENT: CSSIONERS: Claudy, Adams
ATTEST: APPROVED:
/s/ Robert S. Cowan /s/ Nicholas Szabo
Robert S. Cowan Nicholas Szabo, Chairman
Planning Director Planning C.oamnission
RES21U86(M2)lvm
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