TR-2008-06b
OFFICE OF THE CITY CLERK
CUPERTINO
CITY HALL
10300 TORRE AVENUE. CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 . FAX: (408) 777-3366
September 19,2008
Re: Consider Application Nos. ASA-2008-05, (EA-2008-06), M-2008-01, and TR-2008-06,
Tim Kelly (Embarcadero Capital Partners), 1 Results Way, APN Nos. 357-20-041 and 357-
20-046:
a) ~egative Declaration
b) Architectural and Site Approval and amendment to Development Approval for the
demolition of five buildings containing about 139,632 square feet and the
development of three new, two-story office buildings containing 155,500 square feet,
a two-level, 204 spac-e parking garage, surface parking lot and landscaping
improvements at an existing 19.8 acre office park
c) Tree Removal request to remove 303 trees on approved landscape plan and replace
them with 321 trees at the existing office park
At its September 16, 2008 meeting, the Cupertino City Council approved the project with the
following conditions:
· ADOPTED A MITIGATED NEGATIVE DECLARATION
· OKAY TO REMOVE THE FENCE
· REQUIRE ADDITIONAL LANDSCAPING AT THREE LOCATIONS WHERE
STREETS EXIT ON THE WEST SIDE, IN ORDER TO SCREEN RESIDENTIAL
AREAS FROM VEHICLE HEADLIGHTS
· AMEND CONDITION NO. 31 REGARDING TRAFFIC/SIGNAL IMPROVEMENTS
TO REQUIRE THAT THE PROPOSED CHANGES BE SENT TO CITY COUNCIL
FOR APPROVAL AT A LATER DATE.
· ADD A CONDITION REGARDING GARBAGE DUMPSTERS FOR BUILDING 5
· REQUIRE THAT THE BY AC EQUIPMENT BE BUFFERED AND/OR MOVED
AWAY FROM THE RESIDENTIAL AREA WITHOUT CREATING A NEGATIVE
IMPACT ON THE AESTHETICS OF THE BUILDINGS
· ACCEPT THE TREE PLAN AS PROPOSED (WHICH INCLUDES REMOVING
THE SWEET GUM TREES)
ASA-2008-05
September 19, 2008
2
The ASA conditions are as follows unless amended above:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Results Way Campus, Results Way, Cupertino
CA" consisting of 27 pages labeled X1.0I, C1.00 through C3.00, L-1.0 through L-1.2, .
PERSPECTIVES, AO.OI, AO.02, A-A2.0I, A-A2.02, A-A3.11, A-A3.I2, B-A2.0I, B-
A2.02, B-A3.II, B-A3.12, C-A2.0I, C-A2.02, C-A3.II, C-A3.I2, G-A2.0I, G-2.02, G-
A3.11, G-A3.I2, including one color rendering of the project, dated "August 14, 2008",
except as may be amended by the conditions contained in this resolution.
2. DEVELOPMENT APPROVAL
Approval is granted for the demolition of five buildings containing about 139,632 square
feet and the development of three, new, two-story office buildings containing about 155,000
square feet; a two-level, 204-space parking garage, surface parking lot and landscape
improvements at an existing 19.8 acre office/industrial park (Results Way Campus).
3. DEVELOPMENT ALLOCATION
The applicant shall receive a general plan Monta Vista Area office development allocation
of 11,015 square feet.
4. BICYCLE PARKING
The applicant shall provide bicycle, parking facilities for the proposed development in
accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino
Municipal Code.
5. GREEN BUILDING
At the building permit stage, the applicant shall qualify the new buildings to achieve a
LEED Silver certifiable designation for the core and shell.
6. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maXimum extent feasible
(which industry practice currently results in recycling up to 80% of total volume, depending
on the individual materials), subject to the Building Official approval. The applicant shall
provide evidence that materials will be recycled prior to issuance of final demolition
permits.
7. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice
of a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
ASA-2008-05 September 19, 2008 3
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
8. PUBLIC ART
The applicant shall provide public art in accordance with General Plan policy 2- 66.
Public art selection will be reviewed by the Fine Arts Commission.
. -
9. LOT LINE ADJUSTMENT/EASEMENTS
Prior to building permit approval, the applicant shall file a lot line adjustment application to
realign existing property lines around proposed buildings and record appropriate easements
where utility lines, storm drainage, vehicular movements, garbage enclosure access and
parking may cross proposed property lines.
10. LANDSCAPE AMENITY
Applicant shall provide a landscape amenity next to the cafe.
11. INTERPRETATION OF PlML) ZONING USES
Zoning Code section 19.6o".030(A) shall be interpreted by the Director of Community
Development to allow a broad range of office uses related to high-tech, bio-tech, venture
capital, research and development and similar businesses, as well- as professional, financial
and advisory firms supporting such industries, so long as the overall occupancy of the
property reflects the City's goal to emphasize "tech park" type usage.
More commercially-oriented office uses, such as, insurance services, realty, patient-serving
medical and dental uses, that have no relation to the " tech park" emphasis for the property
and no connection with other allowed tech park-type occupants of the property shall not be
included in this directive for interpretation, except the Director may allow small stand-alone
general, commercial services that are incidental and complement the primary occupancy of
the property, such as a small bank or professional office, and except as otherwise permitted
or conditionally permitted in the ML zone.
12. REPLACEMENT TREE PLANTING
The replacement tree:-replanting plan shall include the planting of trees to fill in the
landscape gaps in the project's westerly landscape strip.
13. POWER PURCHASE AGREEMENT
The applicant shall investigate a power purchase agreement prior to building permit
approval.
14. SITE LIGHTING
All new and replacement outdoor lighting shall meet city standards.
15. CONSTRUCTION MANAGEMENT PLAN
The applicant shall prepare a plan for the management of onsite construction impacts on
the surrounding neighborhood as part of the building permit plan set" submittal.
ASA-2008-05 September 19,2008 4
16. ADDITIONAL TRAFFIC ANALYSIS
The applicant should prepare a traffic report, comparing the difference between existing
traffic conditions and project generated traffic impacts on local signalized intersections and
deliver that report for City Council consideration.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
17. STREET WIDENING
Street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
18. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
19. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference to
adjoining properties, and shall be no higher than the maximum height permitted by the zone in
which the site is located.
20. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department
as needed.
21. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required.
Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as
appropriate.
22. DRAINAGE
Drainage shall be provided to the satisfaction ofthe City Engineer. Pre- and post-
development calculations must be provided to indicate whether additional storm water control
measures are to be installed.
23. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance No.
331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices. ,The
developer shall submit detailed plans showing utility underground provisions. Said plans
shall be subject to prior approval ofthe affected Utility provider and the City Engineer.
24. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees,
storm drain fees, park dedication fees and fees for under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
ASA-2008-05
Fees:
a. Checking & Inspection Fees:
$3,847.00 minimum
. b. Grading Permit:
nummum
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
h. Street Tree
September 19, 2008
5
$ 6% of Off-Site Improvement Cost or
$ 6% of Site Improvement Cost or $2,239.00
$ 2,000.00
$ 47,528.83
**
N/A
N/A
By Developer
**
Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of recordation
of a final map' or issuance of a building permit in the event of said change or changes, the
fees changed at that time will reflect the then current fee schedule.
25. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall
be screened with fencing and landscaping or located underground such that said equipment is
not visible from public street areas. The transformer shall not be located in the front or side
building setback area.
26. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control
Board, for construction activity, which disturbs soil. BMP plans shall be included in grading
and street improvement plans.
27. DEDICATION OF WATERLINES
The applicant shall dedicate to the City all waterlines and appurtances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the subject
development.
28. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from the State Water Resources Control
Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP),
use of construction Best Management Practices (BMPs) to control storm water runoff quality,
and BMP inspection and maintenance.
ASA-2008-05 September 19,2008 6
29, AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
The applicant must include the use and maintenance of site design, source control and storm
water treatment BMP's, which must be designed per approved numeric sizing criteria. A
Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water
Facilities Operation and Maintenance Agreement, and certification of ongoing operation and
maintenance of treatment BMP's are required.
30. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain materials on
site. Erosion control notes shall be stated on the plans.
31. TRAFFIC/ SIGNAL IMPROVEMENTS
The developer shall fund traffic signal. improvements at the Bubb RoadlResults Way
intersection. The improvements include installing new pedestrian signal heads, a new traffic
signal cabinet, a new traffic signal controller, new traffic signal loops, and replacing
damaged pavement on the Results Way approach, removal of traffic control island(s),
pavement restoration and lane re-striping.
The developer shall also offer for dedication and improve land off the McClellan Road
frontage for road widening. The applicant shall also fund the cost of: 1) travel line re-
striping on the affected segment of McClellan Road, and 2) the installation of raised concrete
safety barriers to protect a potential student drop-off area on the south side of McClellan
Road.
32. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager.
33. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
The Tree Removal conditions are as follows unless amended above:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVAL ACTION
The applicant is approved to remove or transplant the 303 trees on site and depicted in the
Results Way Campus plan set page titled: " Tree Disposition Plan" dated 8/14/08, consisting
of one sheet labeled L-1.1, except as may be amended by the conditions of this Resolution.
2. TREE REPLACEMENTS
The applicant shall plant replacement trees per the City's Protected Tree Ordinance and in
accordance with the approved Landscape Master Plan dated 8/14/08 and labeled L-1.0. The
replacement trees shall also be used to fill in the landscape gaps in the westerly landscape
strip between the single-family residences and the office park.
ASA-2008-05
September 19, 2008
7
For any additional protected trees that are removed due to construction damage, hazardous
conditions or death, the applicant shall be required to replace these trees in accordance with
the Protected Trees Ordinance. Species and size of replacement trees shall be reviewed and
approved- by the Community Development Department.
3. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020( d) (1), these Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications; reservations, and other exactions. .
You are hereby further notified that the 90-day approval period in which you may protest
these fees, dedications, reservations, and other exactions, pursuant to Government Code
Section 66020(a), has begun. If you fail to file a protest within this 90-day period
complying with all of the requirements of Section 66020, you will be legally barred from
later challenging such exactions.
4. TRANSPLANTED TREES
Trees nos. 88 and 89 identified in the tree survey shall be transplanted in lieu of the
proposed tree nos. 131 and 174.
5. EVALUATION OF PROTECTION OF TREE NO. 179 (COASTAL REDWOOD)
Applicant shall evaluate the potential to protect tree no. 179 by modifying parking lot and
driveway improvements to minimize grading and provide pervious surfaces in the drip zone
among alternatives. Evaluation shall be reviewed by the City Arborist. Final decision for
removal and any replacement shall be made by the Director of Community Development.
The Modified Use Permit conditions are as follows unless amended above:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Results Way Campus, Results Way, Cupertino
CA" consisting of 27 pages labeled Xl.OI, Cl.OOthrough C3.00, L-l.O through L-1.2,
PERSPECTIVES, AO.Ol, AO.02, A-A2.01, A-A2.02, A-A3.11, A-A3.12, B-A2.01, B-
A2.02, B-A3.11; B-A3.12, C-A2.01, C-A2.02, C-A3.11, C-A3.12, G-A2.01, G-2.02, G-
A3.11, G-A3.12, including one color rendering of the project, dated "August 14, 2008",
except as may be amended by the conditions contained in this resolution.
2. DEVELOPMENT APPROVAL
Approval is granted for the demolition of five buildings containing about 139,632 square
feet and the development of three, new, two-story office buildings containing about 155,000
square feet; a two-level, 204-space parking garage, surface parking lot and landscape
improvements at an existing 19.8 acre office/industrial park (Results Way Campus).
3. DEVELOPMENT ALLOCATION
The applicant shall receive a general plan Monta Vista Area office development allocation
of 11,015 square feet.
ASA-2008-05
September 19, 2008 .
8
4. BICYCLE PARKING
The applicant shall provide bicycle parking facilities for the proposed development in
accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino
Municipal Code.
5. GREEN BUILDING
At the building permit stage, the applicant shall qualify the new buildings to achieve a
LEED Silver certifiable designation for the core and shell.
6. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible
(which industry practice currently results in recycling up to 80% of total volume, depending
on the individual materials), subject to the Building Official approval. The applicant shall
provide evidence that materials will be recycled prior to issuance of final demolition
permits.
7. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice
of a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
8. PUBLIC ART
The applicant shall provide public art in accordance with General Plan policy 2- 66.
Public art selection will be reviewed by the Fine Arts Commission.
9. LOT LINE ADJUSTMENTIEASEMENTS
Prior to building permit approval, the applicant shall file a lot line adjustment application to
realign existing property lines around proposed buildings and record appropriate easements
where utility lines, storm drainage, vehicular movements, garbage enclosure access and
parking may cross proposed property lines.
10. LANDSCAPE AMENITY
Applicant shall provide a landscape amenity next to the cafe.
11. INTERPRETATION OF P(ML) ZONING USES
Zoning Code section 19.60.030(A) shall be interpreted by the Director of Community
Development to allow a broad range of office uses related to high-tech, bio-tech, venture
capital, research and development and similar businesses, as well as professional, financial
and advisory firms supporting such industries, so long as the overall occupancy of the
property reflects the City's goal to emphasize "tech park" type usage.
ASA-2008-05 September 19, 2008 9
More commercially-oriented office uses, such as, insurance services, realty, patient-serving
medical and dental uses, that have no relation to the " tech park" emphasis for the property
and no connection with other allowed tech park-type occupants of the property shall not be
included in this directive for interpretation, except the Director may allow small stand-alone
general commercial services that are incidental and complement the primary occupancy of
the property, such as a small bank or professional office, and except as otherwise permitted
or conditionally permitted in the ML zone.
12. REPLACEMENT TREE PLANTING
The replacement tree-replanting plan shall include the planting of trees to fill 10 the
landscape gaps in the project's westerly landscape strip.
13. POWER PURCHASE AGREEMENT
The applicant shall investigate a power purchase agreement pnor to building permit
approval.
14. SITE LIGHTING
All new and replacement outdoor lighting shall meet city standards.
15. CONSTRUCTION MANAGEMENT PLAN
The applicant shall prepare a plan for the management of onsite construction impacts on the
surrounding neighborhood as part of the building permit plan set submittal.
16. ADDITIONAL TRAFFIC ANALYSIS
The applicant should prepare a traffic report, comparing the difference between existing
traffic conditions and project generated traffic impacts on local signalized intersections and
deliver that report for City Council consideration.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
17. STREET WIDENING
Street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
18. CURB AND GUTTER IMPROVEMENTS
"Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
19. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual inteiference to
adjoining properties, and shall be no higher than the" maximum height permitted by the zone
in which the site is located.
20. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
ASA-2008-05 September 19,2008 10
21. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required.
Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as
appropriate.
22. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post-
development calculations must be provided to indicate whether additional storm water control
measures are to be installed.
23. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance No.
331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground .utility devices. The
developer shall submit detailed plans showing utility underground provisions. Said plans
shall be subject to prior approval of the affected Utility provider and the City Engineer.
24. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees,
storm drain fees, park dedication fees and fees for under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees:
$3,847.00 minimum
b. Grading Permit:
minimum
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
h. Street Tree
$ 6% of Off-Site Improvement Cost or
$ 6% of Site Improvement Cost or $2,239.00
$ 2,000.00
$ 47,528.83
**
N/A
N/A
By Developer
**
Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
d.
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement'
On-site Grading Bond: 100% of site improvements.
e.
f.
The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of recordation
of a final map or issuance of a building permit in the event of said change or changes, the
fees changed at that time will reflect the then current fee schedule.
ASA-2008-05 September 19, 2008 11
25. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall
be screened with fencing and landscaping or located underground such that said equipment is
not visible from public street areas. The transformer shall not be located in the front or side
building setback area.
26. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control
Board, for construction activity, which disturbs soil. BMP plans shall be included in grading
and street improvement plans.
27. DEDICATION OF WATERLINES
The applicant shall dedicate to the City all waterlines and appurtances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the subject
development.
28. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from the State Water Resources Control
Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP),
use of construction Best Management Practices (BMPs) to control storm water runoff quality,
and BMP inspection and maintenance.
29. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP)
REQUIREMENTS
The applicant must incJude the use and maintenance of site design, source control and storm
water treatment BMP's, which must be designed per approved numeric sizing criteria. A
Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water
Facilities Operation and Maintenance Agreement, and certification of ongoing operation and
maintenance of treatment BMP's are required.
30. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain materials on
site. Erosion control notes shall be stated on the plans.
31. TRAFFIC! SIGNAL IMPROVEMENTS
The developer shall fund traffic signal improvements at the Bubb RoadlResults Way
intersection. The improvements include installing new pedestrian signal heads, a new traffic
signal cabinet, a new traffic signal controller, new traffic signal loops, and replacing
damaged pavement on the Results Way approach, removal of traffic control island(s),
pavement restoration and lane re-striping.
The developer shall also offer for dedication and improve land off the McClellan Road
frontage for road widening. The applicant shall also fund the cost of: 1) travel line re-
striping on the affected segment of McClellan Road, and 2) the installation of raised concrete
safety barriers to protect a potential student drop-off area on the south side of McClellan
Road.
ASA-2008-05 September 19, 2008 12
32. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager.
33. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
The conditions of project approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d)(l), these conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that the 90-day approval period in which you may protest these fees,
dedications, and other exactions, pursuant to Government Code Section 66020(a), has begun.
If you fail to me a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, mustfirstfile a petition for reconsideration with the city clerk
within ten days after the council's decision. Any petition so filed must comply with municipal
ordinance code *2.08.096.
~J:r
Grace Schmidt
Deputy City Clerk
cc: Community Development
Tim Kelly / Debbie Blehm
KA Real Estate
652 Bair Island Road, Suite 300
Redwood City, CA 94063
Blake Reinhardt
Embarcadero Capital Partners
1301 Shoreway Rd, #250
Belmont, Ca. 94002
TR-2008-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6530
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TREE REMOVAL REQUEST TO REMOVE 303
TREES ON AN APPROVED LANDSCAPE PLAN AND REPLACE THEM WITH 321
TREES AT AN EXISTING OFFICE P ARK (RESULTS WAY CAMPUS)
SECTION I: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
TR-2008-06
Tim Kelly (Embarcadero Capital Partners)
1 Results Way
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for the removal and replacement of 303 trees that are part of an approved landscape
plan for a 19.8-acre office/industrial park that is proposed for redevelopment; and
WHEREAS, the 303 trees are considered protected under Chapter 14.18 of the
Municipal Code, pertaining to Protected Trees and subject to a tree removal permit
issued by the City; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for tree removal is hereby recommended for
approval; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application TR-2008-06, as set forth in the Minutes of the Planning Commission
Meeting of August 26, 2008 are incorporated by reference herein.
Resolution No. 6530 TR-2008-06 August 26, 2008
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
The applicant is approved to remove or transplant the 303 trees on site and
depicted in the Results Way Campus plan set page titled: " Tree Disposition
Plan" dated 8/14/08, consisting of one sheet labeled L-1.1, except as may be
amended by the conditions of this Resolution.
2. TREE REPLACEMENTS
The applicant shall plant replacement trees per the City's Protected Tree
Ordinance and in accordance with the approved Landscape Master Plan dated
8/14/08 and labeled L-1.0. The replacement trees shall also be used to fill in the
landscape gaps in the westerly landscape strip between the single-family
residences and the office park.
For any additional protected trees that are removed due to construction damage,
hazardous conditions or death, the applicant shall be required to replace these
trees in accordance with the Protected Trees Ordinance. Species and size of
replacement trees shall be reviewed and approved by the Community
Development Department.
3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions.
Pursuant to Government Code Section 66020(d) (I), these Conditions constitute
written notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified
that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section
66020(a), has begun. If you fail to file a protest within this 90-day period
complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
4. TRANSPLANTED TREES
Trees nos. 88 and 89 identified in the tree survey shall be transplanted in lieu of
the proposed tree nos. 131 and 174.
5. EV AtUATION OF PROTECTION OF TREE NO. 179 (COAST At REDWOOD)
Applicant shall evaluate the potential to protect tree no. 179 by modifying parking
lot and driveway improvements to minimize grading and provide pervious
surfaces in the drip zone among alternatives. Evaluation shall be reviewed by the
City Arborist. Final decision for removal and any replacement shall be made by
the Director of Community Development.
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