Reso 2783 APPLICATION: 4-U-86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2783
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
READING APPROVAL OF A USE PERMIT
TO CONSTRUCT AND OPERATE A 340,000 SQ. FT. O1.1.10E/COMMERCIAL BUILDING
A 240-ROOM HOTEL COMPLEX, AND A PARK
SECTION 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 met 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 use 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
RESOLUTION No. 2783 (4-U-86) 03/24/86
Page - 2 -
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 4-U-86, as set forth on Pages 6 through 11 of the
Minutes of the Planning Commission Meeting of March 24, 1986, and are
incorporated by reference as though fully set forth herein.
SEcriON II: APPLICATION DFSCRIYr'iON
Application: 4-U-86
Applicant: Cupertino City Center Associates
Property Owner: Cupertino City Center Associates
Location: Southeast corner of DeAnza Boulevard and
Stevens Creek Boulevard
SECTION III: CONDITIONS AEMINISTERED BY 'IHE PUBLIC WORKS DEPARTMENT
1. STREET IMPROVEMENTS & DEDICATION.
Street widening, improvements, and dedications shall be in accordance
with City Standards and specifications and as required by the City
Enginppr.
2. CURB, CRITTER & SIDEWALK
Curbs, gutters, sidewalks and structures shall be installed to grades
and to be constructed in accordance with standards specified by the
City EnginPPr.
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 maximum height permitted by the zone in which the
property is located.
4. FIRE HYDRANTS
Fire hydrants shall be located as required by the City.
RESOLUTION No. 2783 (4-U-86) 03/24/86
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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.
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.
All developments other than R1, 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 Engineer.
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 Engineer.)
10. TRAFFIC SYSTEM IMPROVEMENTS
The following traffic system improvements and regulations are required
to accommodate development of the project site. The applicant shall
participate in his proportionate share financially in the cost of the
installation of the improvements listed below. Reimbursement of said
costs by other benefited property owners shall be based upon a benefit
formula established by the City Council.
a) The applicant shall participate in his proportionate share in the
funding for a traffic signal for Torre Avenue and Stevens Creek
Boulevard. The design of the traffic signal signal shall limit
Vista Drive turning movements to right turn-in and right turn-out.
b) The applicant shall participate in his proportionate share in the
modification of the signal and potential realignment of the
intersection of McClellan Road and De Anza Boulevard and Pacifica
Avenue. (The City Council has not approved said intersection
alignment as of the effective date of this Use Permit.)
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c) The applicant shall participate in his prpportionate share in the
installation of a traffic management improvement to eliminate or
restrict Town Center traffic frUm penetrating adjoining
residential neighborhoods. Traffic management systems may include
all, part or additional traffic mitigation improvements as
described on Page 26 and Figure 10 of the traffic report prepared
for Town Center entitled "Traffic Analysis: Cupertino City Center:
dated May 23, 1983 and as updatPri on March 6, 1986. The decision
to install various improvements, their design and timing of
installation shall be determined by the City Council following a
public hearing. Reimbursement for the cost of said improvements by
other benefited property owners shall be based upon a benefit
formula established by the Director of Public Works and approved
by the City Council.
SEeriON IV: CONDI nONS AEMINISTERED BY THE PLANNING DEPARTMENT
11. 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.
12. PARING
Parking shall be provided as detailed in the report dated March 12,
1986, prepared by Barton Aschmann Associates, Inc. titled "Shared
Parking Study for Cupertino City Center."
13. LANDSCAPING
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.
14. 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.
15. TRANSFORMER SCREENING
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergrour ded, such that they are not visible frtlu
public street areas.
RESOLUTION No. 2783 (4-U-86) 03/24/86
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16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibits A-lst Rev. ,
A-2 1st Rev, A-3 1st Rev, A-4 1st Rev, A-5 1st Rev, A-6 1st Rev, A-7
1st Rev, A-8 1st Rev, B 1st Rev, B-1 1st Rev, B-2 1st Rev, B-3 1st
Rev, B-4 1st Rev, C 1st Rev, C-1 1st Rev, C-2 1st Rev, except as may
be amended by special conditions enumerated herein.
17. MODIFICATION OF 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 Commission. If the changes are material, the Director
shall submit said changes to the Planning Commission 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 fr uu the date of approval - when the change has been
approved by the Planning Commission.
18. FIRE SUPPRESSION
The applicant shall provide the following equipment 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 as directed by the City in
consultation with the Central Fire District Tools and storage
racks shall be acquired by the applicant.
B) Buildings shall incorporate a radio amplification system to
facilitate the use of portable radios within the structure.
C) A fire control roam should be located within an outside entrance.
This roan shall be furnished and equipped as required by Chapter
18 of the Uniform Building Code.
D) A Knox Box system shall be required to store essential keys.
E) An electrical distribution system shall be provided in a stairway
within each building with outlets at each landing that will be
compatible with Central Fire District emergency equipment.
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F) The applicant shall contribute up to a maximum of $150,000 (not to
exceed one-third of the cost) towards the purchase of an aerial
ladder truck. The intent of the condition is to require
applicants fro 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 internal circulation system in
order to improve fire equipment access to buildings and public spaces.
19. 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.
20. 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. The
easement documents shall be placed in escrow and recorded at no cost
to the city simultaneously with any transfer of ownership.
21. PARK AREA DESICTION
The "Park" area designated on Ekhibit C-1 1st Revision (the total area
bounded by private streets and public sidewalks) shall be maintained
by the applicant and made available for public use. The Park shall be
landowner s) of the Hotel and Office developments approved under
4-U-86. A covenant shall be recorded, as approved by the City
Attorney, which transfers the right of future development of the site
to the City of Cupertino.
22. LANDSCAPE REVIEW
Prior to application for building permits, the applicant shall submit
a comprehensive landscaping planting and irrigation plan for all
exterior landscape areas included with the office/hotel complex. Said
landscape/irrigation plan shall be subject to formal review and
approval by the Architectural and Site Approval CcmmitteP.
23. SI2' PROGRAM
Sign program information submitted on Exhibits F 1st Rev, F-1 1st Rev,
F-2 1st Rev and F-3 1st Rev is not approved, and shall be referred to
the Architectural and Site Approval Committee for formal sign program
review.
RESOLUTION No. 2783 (4-U-86) 03/24/86
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24. PERMITTED USES
Approval is granted to construct a 240 room hotel with ancillary space
and 340,000 sq. ft. of office/commercial space. The applicant shall
provide a minimum of 50,000 square feet of commercial uses within the
City Center development, as required in Condition 16 of 2-Z-83. The
commercial component may be provided whole or in part within the
subject development. If not provided at this time, the uncommited
commercial shall be designated for a subsequent phase of the City
Center development, and the office component approved herein reduced
by a commensurate amount.
The applicant is given credit for 8,000 square feet of commercial use
provided in the approved hotel. Additionally, commercial uses may
include professional and financial offices, as permitted in the CG
zoning district.
25. CAR POOL/VAN POOL AGREEMENT
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.
26. BICYCLE PARKING
The applicant shall install one secured bicycle locking facility
(bicycle locker) for every 6,500 square feet of office building area.
PASSED AND ADOPTED this 24th day of March, 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, Adams, Chairman Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Mackenzie, Claudy
ATTEST: APPROVED:
/s / Robert Cowan /s/ Nicholas Szabo
Robert S. Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission