1Former Jagels Road right-of-way not included
²Including 15,000 square foot fitness center
³Without Use Permit
⁴Without Design Permit

The Planning Commission considered this application on February 14, 2000, and voted 5 to 2 to affirm the mitigated negative declaration and approve the project with added conditions to address concerns from Onizuka Air Force Base, and to ensure that appropriate species are selected for parking lot landscaping. The revised conditions are included in Attachment 2 (see conditions 18e, 18f and 38). The two Commissioners who voted against the motion were concerned about the traffic impact and did not feel that the proposed mitigations, particularly the TDM plan, were sufficient to warrant the increase in traffic to the already congested series of intersections along Mathilda Avenue. Draft Planning Commission minutes are Attachment 8.

Previous Actions on the Site: The following table summarizes previous planning applications related to the subject site.

The applicant is proposing to construct four new four-story office buildings totaling 636,562 square feet, a 12,000 to 15,000 square foot fitness center with cafeteria or restaurant, and a three level parking structure. The two-story industrial building and surface parking that previously existed on the site have been demolished. The site is comprised of three parcels. The main parcel is 26.35 acres. The former Jagels Road right-of-way (two parcels totaling .22 acre) will be merged with the main parcel to bring the total lot size to 26.57 acres. The right-of-way has already been abandoned.

A use permit is required since the proposed floor area ratio (FAR) of 56% exceeds the 35% standard allowed by the square footage assigned from the Lockheed SMUP. A new light rail station will be constructed on Moffett Park Drive as part of the project. Two locations are shown for public art; one at the main entrance to the campus and one at the corner of Moffett Park Drive. The first location at the main entrance ties into the light rail station, and the second location at the corner is a prominent location.

A Mitigated Negative Declaration has been prepared in compliance with California Environmental Quality Act provisions, as amended, in Resolution #193-86. To mitigate projected traffic impacts the applicant will be participating in the City’s cumulative traffic mitigation program, and will also contribute a fair share to regional traffic mitigation and accomplish specific mitigation. Attachment 3 is the Mitigated Negative Declaration.

Use: The property is entitled to a FAR of 35% by assignment from the Lockheed Martin SMUP. The applicant is proposing a four building office campus with an overall FAR of 56%, including the 15,000 square foot fitness center. The effective FAR (the four office buildings) is 55%. The fitness center/restaurant is intended to serve the employees working on the site, and is considered an amenity.

Site Layout: The four office buildings have been grouped towards the center of the site. In addition to having varying wall planes, the buildings have been angled on the site so that they will not present a flat façade or too vertical an appearance from any of the streets. Building elements have been curved and angled to provide interest and to prevent the buildings from appearing too massive or bulky. The fitness center building is located towards the southwest corner of the site, closest to the Mary Avenue extension right-of-way (shown with dashed lines on the site plan). A series of plazas complemented by landscaping runs through two pairs of office buildings. The plaza feature will form the main entrance to the campus and will connect the light rail station to the site, as well as providing an access through the campus to the Lockheed Martin campus to the north. Water features will also be included in the central plaza. The site was designed specifically around the new light rail station. The location of the station was selected through discussions between the Valley Transit Authority (VTA), the project architect, the developer and City staff.

Access walkways have been provided from the central plaza to the west property line, and to the corner of Moffett Park Drive and Lockheed Martin Way. These walkways will help facilitate pedestrian traffic from the parking areas to the buildings, and through the site. Perimeter planting and groups of plantings close to the buildings will help break up the view into the site from Moffett Park Drive and Highway 237, as well as from surrounding buildings. Although the surface parking appears extensive, staff finds that these areas have been effectively broken up through the use of tree wells, planters at aisle ends, perimeter planting and pedestrian walkways. Staff has included a condition requiring the applicant to reduce the number of parking spaces from 2100 to 2000 spaces. A landscape reserve could be developed for potential future parking, or a park and ride facility (condition of approval #12c).

The components of the site plan are:

• Landscaping (planted areas) 24%
• Hardscape (decorative paving, walkways, plazas) 13%
• Parking site coverage 45%
• Building coverage 18%

The following Guidelines were considered in analysis of the project site design.

Architecture: There are four office buildings proposed along with a two-story fitness center and a three level parking garage (see Attachment 6). The style of the fitness center is the same as the office buildings, although on a smaller scale. The parking structure has used similar detailing and materials so it will fit with the other buildings on the site. The office buildings are four stories and will range in height from 61 to 74 feet, including the mechanical areas. The fitness center has a maximum height of 36 feet for a small tower element while the bulk of it is 29 feet high. The parking garage is 32 feet high, and includes three levels of parking. The garage was been enlarged following the Planning Commission Study Session in an effort to reduce the amount of surface parking. It was also re-oriented to line up with the buildings instead of being angled across the northeast corner of the site.

The architectural style is contemporary and presents a "high-tech" look. The applicant has proposed high quality materials to highlight the design of the buildings. The extensive use of glass presents a softer feel than the concrete building that has been removed from the site. The two shades of green glass will not be reflective. The façade and roof lines have variations and detailing to provide interest. The mechanical areas have been designed to complement the buildings, and help create a stepping effect with the fourth floor, which is set back from the lower floors. Curved elements and the horizontal effect of the windows across the facades balance the height of the buildings. The parking structure will be comprised of textured concrete with metal railings that will tie-in with the glass fiber reinforced concrete (GFRC) and metal trim elements on the office buildings. Additional comments about the architecture and site plan are included in the review criteria for projects greater than 35% FAR (Attachment 1).

The new office buildings are generally located towards the center of the site and will have large setbacks from property lines. Clustering the buildings helps minimize the distance to and from the light rail station. The demolished building was relatively close to the east property line and Onizuka Air Force Base (across Lockheed Martin Way). The closest new building is 330 feet, and the corner of the parking structure is 115 feet from the east property line. Lockheed Building 107 is located to the west, and is several hundred feet from the west line. The closest new building would be 230 feet from the west property line. To the south is Moffett Park Drive and Highway 237; no buildings are located in this area. Most of the area to the north is streets and parking lots. There is one building to the northwest, across 11^th Avenue. The closest new office building would be about 120 feet from the north property line. Buildings in the vicinity of the project site, with the exception of Lockheed Building 107, are unimaginative and boxy with little or no architectural features. The "Blue Cube" and large satellite dish antennas are the closest structures to the east. The Lockheed building on 11^th Avenue is a square shaped concrete structure. The proposed architectural design will be a significant upgrade to the immediate surroundings.

The following Guidelines were considered in the analysis of the project architecture.

Landscaping: A conceptual landscape plan has been included with the development plans, including enlargements of the central plaza and courtyard areas (see Attachment 6). The applicant has decided against the use of Palm trees on the site, and has met with the City Arborist to discuss appropriate tree selections. A mix of evergreen and deciduous species will be used so there is some year round screening as well as seasonal color. As much as possible, the applicant will use species that are adapted to the area, and that are sensitive to the bay environment to the north of the project site. Final landscape plans will be submitted for review and approval by the Director of Community Development prior to issuance of a building permit (condition 18). The City Arborist will review the tree selection to ensure that appropriate species are chosen for the climate and proximity to the Bay. The applicant has agreed to work with staff to select tree species that are appropriate for the micro-climate. In addition, trees along Lockheed Martin Way across from the Onizuka Air Force Base dish antennas will be restricted to 45 feet in height. This request was made by the Air Force to preclude interference with the operation of the antennas (see condition of approval 18e).

Trees have been grouped along Moffett Park Drive and around the buildings. The courtyards and plaza will have significant plantings to enhance these outdoor gathering areas. Landscaping will be done along all of the pedestrian areas on and through the project site. A natural (unpaved) pathway will be installed along the property perimeter for the use of employees and others in the area. Planted areas will comprise 24% of the project site. Inclusive of hardscape including decorative paving, the central plaza and courtyards and walkways, 37% of the site will be landscaped. All of the decorative hardscape features will be enhanced with planting elements.

The following Guidelines were considered in analysis of the project landscaping.

Parking/Circulation: The Zoning Ordinance requires a minimum of one space per 500 square feet and allows a maximum of one space per 250 square feet. The applicant is proposing 2100 parking spaces, 344 of which would be within the parking structure (16% of the on-site parking). Of the spaces within the parking structure, 183 of them would be covered. The parking structure has been changed since the plans were reviewed at the Planning Commission Study session. Instead of being angled across the northeast corner of the site, it has been rotated to be in line with the orientation of the office buildings, and has been shifted further from the east property line. It has also been increased from 2½ to 3 levels, has been elongated, and the number of spaces has more than doubled.

The majority of the on-site spaces would still be surface parking. The applicant has attempted to break up the parking by dividing it into smaller areas divided by the buildings, the parking structure and pedestrian walkways. The use of tree wells every seven spaces and landscape islands at the ends of aisles reduces the amount of asphalt. Perimeter parking has landscape strips between the spaces and the streets on three sides, as well as along the west side of the property. The applicant maintains that the proposed number of parking spaces is essential to the function of the buildings and to secure funding for the project. As previously mentioned, some of the parking spaces in the southwest corner could be deleted in favor of a landscape reserve or future park & ride lot in this area. Some parking will be eliminated when the Mary Avenue Extension is constructed.

Pedestrian links have been provided through parking areas to the buildings, and from the light rail station through the center of the four office buildings to the north property line. There are walkways around the perimeter of the group of office buildings. This system of walkways ties into the walks through the parking areas.

The following Guidelines were considered in analysis of the project parking and circulation.

Nineteen intersections were studied for overall intersection level of service impacts, including one CMP intersection. The study found that the proposed project will not cause any violation of the City’s or the VTA’s baseline LOS policies in the project condition.

The Mathilda Avenue/Route 237 interchange is a special focus of the traffic analysis. The proposed project is located in north Sunnyvale adjacent to the Lockheed Martin Plant 1, with relatively poor roadway access. Traffic accessing this area comes predominantly from the south and east of the project site on Mathilda Avenue and Route 237. The only access for this traffic to the project site is from Moffett Park Drive via Mathilda Avenue. For this reason, the project site is the most problematic development site in the North Sunnyvale area.

Access to and from Moffett Park Drive through the Mathilda Avenue/Route 237 interchange is difficult due to compressed, complicated geometry. This interchange is made up of four signalized intersections with multi-lane approaches within 800 linear feet. There is insufficient space to change lanes for certain movements, and insufficient queuing space for others. For example, vehicles traveling from westbound Route 237 to westbound Moffett Park Drive must cross three lanes of Mathilda Avenue and execute a 90° turn within approximately 20 linear feet of Mathilda Avenue. This is a very difficult maneuver, and vehicles attempting this movement can block through lanes of northbound Mathilda. There are other similarly difficult turning maneuvers in the interchange. The proposed project will add significant amounts of traffic to the most difficult turning movements.

Because of the unique configuration of the Mathilda Avenue/Route 237 interchange, the available traffic analysis tools are not able to accurately assess traffic impacts. The Mathilda Avenue/Route 237 interchange, while arguably the most significant regional signalized interchange within Sunnyvale, is exempted from CMP level of service monitoring because of the difficulty in objectively analyzing it.

The TIA consultant has prepared a traffic simulation analyses and validated it in the field that provides a generally useful tool for approximating impacts. This analysis found that significant queuing problems will occur on the eastbound Moffett Park Drive approach, the eastbound Route 237 off-ramp, and the westbound Route 237 off-ramp. Additionally, increased through traffic on Mathilda Avenue will exacerbate general delay.

Staff concurs with the TIA conclusions that there is no feasible means short of complete interchange reconstruction to minimize increases in delays. The TIA does recommend that the westbound Route 237 off ramp approach and the eastbound Moffett Park Drive approach be widened to accommodate increased queues. These improvements will not significantly improve vehicle throughput, but in effect will minimize back ups on the approaches by providing storage for vehicles waiting to negotiate the interchange. Staff recommends that conditions be included for the project applicant to fund the cost of these improvements (conditions of approval #35 and 36).

The TIA includes data on anticipated traffic volumes at the intersection of Moffett Park Drive and Lockheed Martin Way. Traffic levels of service are anticipated to be within City standards, but right turn volumes from westbound Moffett Park Drive to northbound Lockheed Martin Way in the morning peak hour are anticipated to greatly exceed capacity with the addition of project traffic. This problem will be exacerbated by frequent interruptions in traffic flow due to the railroad crossing at the intersection. There is insufficient right-of-way to widen the intersection to provide additional turning capacity. Significant delays to westbound right and through vehicles are anticipated.

There are two potential long-term strategies that will help alleviate or reduce congestion through the Mathilda/Route 237 interchange and at Moffett Park Drive/Lockheed Martin Way. Provision of access to the project site from a location north of Moffett Park Drive on Mathilda Avenue through the Plant 1 facility would relieve some left turn demand at northbound Mathilda Avenue/Moffett Park Drive. In the past, access was available at Lockheed Martin Way/Mathilda Avenue, but security concerns at Onizuka Air Force Base have required this roadway to be blocked off. With further redevelopment of the Lockheed Plant 1 site at 5^th Avenue, however, opportunities may present themselves to create public access through the Plant 1 site at 5^th Avenue. Staff recommends that the applicant negotiate with Lockheed-Martin and/or any future property owner to secure rights for public access to the project site from 5^th Avenue or Lockheed Martin Way (condition of approval #35).

A second, longer-term alternative is construction of the Mary Avenue Extension. This improvement is identified in the Land Use and Transportation Element as a future project necessary to support planned development to build-out supported by the General Plan. The project involves extending Mary Avenue from its northern terminus at Almanor Avenue over Routes 101 and 237 to the Lockheed Martin Plant 1 site immediately west of the proposed project site and terminating at H Street.

The TIA analyzed the impact of completion of a Mary Avenue Extension with respect to project traffic and traffic growth to the year 2010. A corridor analysis of Mathilda Avenue with and without the extension was conducted. The analysis assumed that 27% of Mathilda Avenue traffic would divert to Mary Avenue if an extension were constructed. The study found that the extension would not significantly affect traffic flow on Mathilda Avenue south of US 101, but would slightly reduce queues at the Mathilda/Route 237 interchange. Queuing impacts (back ups) would still be present at eastbound Moffett Park Drive, northbound Mathilda Avenue, and the westbound Route 237 off-ramp.

Construction of the Mary Avenue extension and other long-term transportation improvements are considered essential to support planned growth in the City. As a project requiring discretionary approval and subject to the California Environmental Quality Act (CEQA) provisions, staff has determined that the project will have a cumulative environmental impact on traffic. The proposed project will add new trips that will contribute to the forecast transportation system deficiency. The project’s proposed FAR also exceeds of the assigned density of the site, and this exacerbates the cumulative traffic impacts already identified in the Land Use and Transportation Element. Staff has included as project mitigation, a condition that the developer contribute funds for future roadway network improvements such as the Mary Avenue Extension, consistent with the City’s mitigation framework for long-term transportation impacts (condition of approval #29).

Staff also recommends that the no permanent facilities be constructed in the proposed Mary Avenue Extension right of way where it crosses the subject property that would preclude future construction of the Extension (condition of approval #32).

The CMP Transportation Impact Analysis Guidelines also call for freeway capacity to be studied. Freeway impacts were identified on two freeway segments, as follows:

• SR 237 between Route 101 and Mathilda Avenue (PM peak hour)

A significant impact in this case is identified as the addition of 1% or greater of the freeway capacity to an already congested (LOS F) freeway segment. Mitigation is required per State Congestion Management Program law. The Santa Clara Valley Transportation Authority (VTA) is developing a mitigation program for non-locally controlled streets, e.g. freeways and expressways, called the Countywide Deficiency Plan. This plan is intended to identify mitigating and offsetting improvements to the freeway and expressway system, and funding mechanisms for these improvements. In the interim, the VTA is accepting a $1/square foot above development levels allowed by right as a sufficient mitigating contribution to future improvements to the freeway and expressway system. Staff is recommending that a condition of approval be included to require a $1/square foot contribution to improvements to the regional roadway system for development levels above that allowed by right, as determined by the Director of Community Development (condition of approval #30).

The TIA also includes a more detailed, approach-by approach traffic simulation analysis of several intersections. This was conducted to address CMP required turn lane queue spill back analysis requirements and investigate effects of additional project traffic on critical intersection turning movements.

The detailed approach-specific analysis found that three intersections will experience slight increases in delay on certain intersection approaches with the addition of project traffic and traffic from approved or reasonably foreseeable projects. These intersections are:

• Mathilda Avenue/Maude Avenue (SB and EB approaches)
• Mathilda Avenue/Indio Avenue (NB and WB approaches)
• Mathilda Avenue/San Aleso Avenue (NB and WB approaches)

Overall intersection levels of service do not decline, and there is no violation of City or CMP level of service standards. The TIA consultant has identified possible improvements that would maintain intersection delays at existing levels. These improvements would involve significant roadway widening/turn lane extensions. Since the increase in delay is not considered significant with respect to City and CMP standards, the environmental impacts of widening at these intersections could be more significant than the traffic delay. In addition, the project’s contribution of additional traffic is miniscule, so staff does not believe any readdress of this issue is required.

The TIA also analyzed site circulation of the proposed project. The TIA recommends provision of a minimum of 150 feet of storage length at project driveways. This is recommended as a condition of approval. The TIA further suggests greater driveway width and curb return-style driveways to serve trucks. This is also included as condition of approval #37).

Staff and the VTA have not made a final determination on whether access and circulation through the project site to the proposed light rail station is adequate. The applicant has indicated that they are willing to work with staff to provide an acceptable circulation arrangement. Staff has included a condition that the applicant modify the site plan to incorporate access and circulation improvements to the proposed light rail station, as determined by the Directors of Community Development and Public Works (condition of approval #34).

The applicant has submitted a Transportation Demand Management (TDM) Plan for the proposed project (Attachment 7). The applicant proposes to maintain a 15% alternative transportation mode use by encumbering the land to require any future tenant to provide a program to comply with City required TDM goals. Other project specific TDM and alternative transportation features include the construction of a station to on the Tasman light rail transit line to serve the project, provision of bicycle parking consistent with VTA Bicycle Technical Guidelines, and designated carpool and vanpool parking.

The TDM plan discusses a number of on-site amenities that will be provided by the applicant to encourage employees to reduce trips, including a cafeteria, recreational facilities, showers and lockers. A Transportation Coordinator will be available to provide alternative transportation information and services such as participation in a CalTrain shuttle service, a guaranteed ride home program and subsidized employee transit Eco passes.

Construction of a light rail station is a unique and unprecedented measure to encourage alternative transportation use. A conceptual plan has been reviewed and approved by the City and the Valley Transportation Authority. Staff supports inclusion of this feature, but recommends a condition of approval that station construction be completed within two years of project occupancy. Historically only 3% of employees in this region have used public transit. Staff believes that provision of a light rail transit station can provide sufficient incentives so that future ridership levels will increase.

Staff has reviewed the TDM plan and believes it is a desirable element of the project. The TIA was prepared assuming trip reduction due to a TDM program. To solidify the commitment to TDM by the project applicant, staff recommends a condition of approval requiring the applicant modify the CC & R’s and lease agreement for the property. The recommended changes will require the property owner or occupant to assure at least 15% of employees on the site use alternative transportation to reach the site, as determined by an annual TDM survey. The property owner or occupant will be required to comply with City of Sunnyvale requirements for financial penalties if the TDM goal is not met (condition of approval #33). Other areas of impact that were assessed include transit demand, affect on bike and pedestrian facilities, local circulation, parking, construction traffic, and cumulative growth impacts. No significant impacts were identified, and no mitigation is required.

Art in Private Development: Non-residential sites two acres and larger are required to provide public art when a new building is constructed. The Planning Commission should review the proposed locations of the artwork. The actual artworks and final locations are subject to approval of the Arts Commission.

The applicant is in the process of selecting an artist, and has not yet determined the type of artwork that will be installed. The artwork is required to be visible from the street. The applicants has proposed two locations for public art. One is near the main entry and would be visible from the light rail station and Moffett Park Drive. The other is near the most prominent corner of the site: Moffett Park Drive and Lockheed Martin Way. Condition of approval #5 requires at least two pieces of public art to be provided, and installation of the art prior to occupancy.

Right of Way: The Mary Avenue Extension is a planned capital transportation project to help alleviate traffic congestion in the area. The right-of-way curves across the southwest corner of the site, as shown on the site plan with dashed lines. The site layout has been planned with the assumption that the extension will be constructed in the future. No buildings on the proposed site plan encroach into the right-of-way area. Surface parking could be impacted by the constructed of the extension, although not significantly.

The majority of the parking spaces would be able to be maintained as the roadway will be elevated. The on-site parking exceeds the minimum required. Loss of some surface parking would not cause a nonconforming situation. The Mary Avenue Extension has not been fully funded, however, redevelopment of this site will enable this planned project by providing right-of-way and contribution to the cumulative traffic impact mitigation. As noted in the discussion under traffic earlier in this report, the Mary Avenue Extension is identified in the Land Use and Transportation Element as a future project necessary to support planned development to build-out.

The proposed project meets or exceeds all development standards. The site plan adequately addresses all site issues. Since the project exceeds 35% FAR a Use Permit is required. As noted in the findings and criteria section for projects greater than 35% FAR (Attachment 1), staff believes that the project has sufficient elements to merit consideration of a higher FAR. Elements supporting the FAR increase include provision of public art, more than minimum landscaping, on-site amenities such as the fitness center, restaurant, bicycle facilities, and plazas, the construction of the new light rail station, an excellent design, and use of high quality materials.

The following goals and policies were considered to determine conformance with the General Plan.

In the short term, construction activities will increase noise and dust. In the long term, the project will result in an increase in building mass in the area and will increase traffic. The applicant has prepared a Transportation Demand Management Plan to reduce the traffic impact through use of mass transit, carpooling and other commute alternatives. The site is near other high FAR sites and can accommodate the proposed 56% FAR without significant adverse traffic impacts. The site plan and building design minimize negative impacts and will enhance the streetscape and the surrounding industrial area. The project improves aesthetics in the area and adds a high quality corporate character. The addition of a new light rail station will help increase ridership, is a positive step towards encouraging use of mass transit, and will serve not only the project site, but other existing and future buildings surrounding it.

In order to approve a Use Permit, either of the following findings must be made:

1. Attain the objectives and purposes of the General Plan of the City of Sunnyvale; or
2. Ensure that the proposed use is desirable, and will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the zoning district. Any such permit likewise may be denied upon a finding that said permit, as requested, will not meet the foregoing standards for approval.

Staff recommended findings are in Attachment 1.

Conditions of Approval

As part of the review process, staff may recommend Conditions of Approval be placed on an application. These conditions clarify or modify the applicant's proposal in order to meet requirements imposed by the Municipal Code, policies and standards set forth by the General Plan, Special Plans and the City Council and other specifications that staff believes will enhance the visual character and/or add greater diversity to the City. The recommended Conditions of Approval are located in Attachment 2.

• Staff is recommending approval for this project based on the Findings (Attachment 1) and subject to the Conditions of Approval (Attachment 2).

Normal fees and taxes are expected. The project will also contribute to the City’s cumulative traffic mitigation program. No other fiscal impacts are anticipated.

For both the Planning Commission and City Council meetings, Notice of the Negative Declaration and the public hearings for this project were published in the Sun newspaper, posted on the site, and mailed to the property owners within 300 feet of the project site. In addition, notices were mailed to Onizuka Air Force Base personnel who expressed an interest in this project.

The Planning Commission and City Council staff reports for this project were posted on the City of Sunnyvale’s website and copies of the reports were provided at the Reference Section of the City’s Public Library. The Planning Commission and City Council Agendas were posted on the City’s website and were recorded for SunDial.

1. Support the Planning Commission decision to affirm the Mitigated Negative Declaration and approve the Use Permit, subject to the conditions of approval in Attachment 2.
2. Affirm the Mitigated Negative Declaration and approve the Use Permit with modifications.
3. Affirm the Mitigated Negative Declaration and deny the Use Permit.
4. Don’t affirm the Mitigated Negative Declaration and direct staff as to where additional environmental analysis is required.

Alternative #1

Prepared By:

Suzanne Davis
Project Planner

Reviewed By:

Gail Price
Principal Planner

Reviewed By:

Trudi Ryan
Planning Officer

Reviewed By:

David S. Boesch, Jr, Director
Community Development Department

Approved By:

Robert S. LaSala
City Manager

Attachments: 

1. Findings (eight pages)
2. Conditions of Approval (five pages)
3. Mitigated Negative Declaration
4. Letter from Onizuka Air Force Base (one page)
5. Letter from Valley Transportation Authority (one page)
6. Transportation Demand Management Program (15 pages)
7. Report and letter from Onizuka Air Force Base, received February 11, 2000.
8. Draft Planning Commission Minutes of February 14, 2000
9. Site and Architectural Plans

1. The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale as the project meets the goals and objectives of the General Plan, specifically:

2. The proposed use is desirable, and will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the Zoning District because project impacts are mitigated. The project will also establish high quality office space with attractive architecture and unique and positive site design features and amenities, as well as providing a new light rail station on Moffett Park Drive.

Certain development in excess of 35 percent floor area ratio (FAR) in Industrial Zoning Districts (M-3 or M-S) requires approval of a Use Permit. In addition, to assist the decision-makers in considering higher FAR developments, the following review criteria will be used. These review criteria were adopted by the City Council on May 4, 1999.

In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, Permittee expressly accepts and agrees to comply with the following conditions of approval of this Permit:

7. A solid waste management plan shall be submitted to the Department of Public Works for approval prior to issuance of a building permit.
8. All exterior trash shall be confined to approved receptacles and enclosures.

   1. Trash enclosures to be a minimum of 6 feet high and enclosed on all four sides, of a design, approved by the Director of Community Development prior to issuance of building permit. Install enclosures prior to occupancy.
   2. The enclosures shall match the design, materials and color of the main buildings.

9. As required by code, the property will comply with all requirements of the Noise Ordinance.

10. Any major site and architectural plan modifications shall be treated as an amendment of the original approval and shall be subject to approval at a public hearing before the Planning Commission, except that minor changes of the approved plans may be approved administratively by the Director of Community Development.
11. Details of the light rail station shall be approved by the Valley Transportation Authority and the Director of Community Development prior to issuance of any building permits. Construction of the proposed light rail transit station shall be completed within two years of project occupancy.

The TDM program shall:

1. Be approved by the Director of Community Development prior to issuance of a Building Permit.

2. Apply to the property identified in the Use Permit 1999-1166 regardless of Director of Community Development prior to issuance of building permits.

3. Incorporate a schedule of monetary fines for non-compliance of the TDM goals (schedule to be determined by Director of Community Development).

15. Enhance pedestrian circulation from surface parking lots with clearly marked pedestrian paths leading to the main building entrances.
16. Maintain a minimum of 300 feet of clear sight distance at project driveways.
17. Design parking surfaces to accommodate Best Management Practices (BMPs) to promote post-construction stormwater quality standards. Landscape Design Guideline.
18. Landscape and irrigation plans shall be submitted to the Director of Community Development for approval prior to issuance of a building permit. Landscaping shall be planted prior to occupancy. The landscape plan shall include the following elements:

1. Provide undulating landscape mounds along street frontages up to 3 feet in height.
2. Ground cover shall be planted so as to ensure full coverage eighteen months after installation.
3. All areas not required for parking, driveways or structures shall be landscaped.
4. All landscape areas shall have an appropriate irrigation system.
5. Trees on Lockheed Martin Way, across from the existing satellite dish antennas at Onizuka Air Force Base, shall be species that will not exceed 45 feet in height at maturity.
6. Ecological parking lot planting shall be used as much as feasible.

19. Prior to issuance of a Grading Permit or a Building Permit, which ever occurs first, obtain approval of a Tree Protection Plan from the Director of Community Development. Utility Plans and Site plans shall be adjusted to ensure that healthy mature trees are saved.
20. Final tree species shall be determined by the City's arborist to be compatible with soil and weather conditions in the Moffett Park area. Site periphery trees are required to achieve a tall screening effect.
21. The landscape plan will accommodate Best Management Practices (BMPs) to promote post-construction storm water quality standards.

Lighting Plan

22. Submit exterior lighting plan, including photometrics, fixture and pole designs, for approval by the Director of Community Development prior to issuance of a Building Permit. Driveway and parking area lighting shall include the following:

1. Sodium vapor (or illumination with an equivalent energy savings).
2. Provide photo cells for on/off control of all security and area lights.
3. All exterior security lights shall be equipped with vandal-resistant covers.
4. Wall packs shall not extend above the roof or parapet of the building.
5. Pole height (including base and fixture) shall not exceed 18 feet in height.

23. Comply with Housing Mitigation Policy, which could includes an estimated Housing Mitigation Fee ($7.19/s.f. above 35% FAR based on effective FAR) of up to $1,664,320 for the project prior to issuance of a Building Permit. Some non-employee generating areas are exempt from fee requirement.

24. Obtain Public Works approval of plans or utility line extensions, utility connections, meter locations, driveways, sidewalks, appropriate easements etc.
25. All overhead utility lines and service drops shall be placed underground. A copy of an agreement with PG&E for undergrounding of existing overhead utilities which are on-site or within adjoining rights-of-way shall be provided to the Director of Community Development prior to issuance of a Building Permit or a deposit in an amount sufficient to cover the cost of undergrounding shall be made with the City.
26. The applicant shall comply with all provisions of National Pollutant Discharge Elimination System (NPDES) permit, including preparation and implementation of a Storm Water Pollution Prevention Plan for construction of this project.
27. The applicant shall contact the City’s Environmental Division at (408) 730-7260 regarding water pollution control measures (related to sanitary and storm sewer discharges) to be incorporated into the project construction, design and operation.
28. All necessary off-site improvements (including a bus turnout), as determined by Public Works, shall be designed, constructed and/or installed in accordance with City standards. Plans shall be approved by the Department of Public Works prior to issuance of Building Permits. Sidewalks shall be designed, constructed and/or installed in accordance with City standards prior to occupancy.

29. In order to mitigate cumulative impacts to the roadway system in Sunnyvale as identified in the Land Use and Transportation Element of the General Plan, the developer shall contribute funds for future local roadway network improvements consistent with the City’s mitigation framework for long term transportation impacts, as determined by the Director of Community Development. Provide a fair share contribution to mitigate cumulative traffic impacts. Fair share is estimated at $643,607 mitigation contribution shall be made prior to issuance of a building permit.

30. The applicant shall contribute one dollar per square foot of net floor area ($1.00/gross sq. ft.) over 35% FAR, to be used toward improvements for the partial mitigation of this project's significant traffic impacts on regional transportation facilities, including but not limited to freeways and expressways. Fair share is estimated at $246,477. Mitigation contribution shall be made prior to issuance of a building permit.

31. The applicant shall contribute up to $10,000 towards a water distribution network analysis of the Moffett Park area, prior to issuance of any building permits.

32. No permanent facilities shall be constructed on the subject property in the area defined by the California Department of Transportation Mini-Triangle Study as potential right of way for future extension of Mary Avenue.

33. The applicant shall modify the CC & R’s and lease agreement for the property to require the property owner or occupant to assure that at least 15% of employees on the site use alternative transportation to reach the site, as determined by an annual TDM survey, and that the property owner or occupant will comply with City of Sunnyvale requirements for financial penalties should the TDM goal not be met.

34. The applicant shall modify the site plan to incorporate access and circulation improvements to the proposed light rail station, as determined by the Director of Public Works.
35. The applicant shall contribute funds for the design and construction of widening the eastbound Moffett Park Drive approach to the intersection of Mathilda Avenue by one lane, based on a cost estimate approved by the Director of Public Works, or shall secure rights for alternative public access other than Moffett Park Drive to the project site from Mathilda Avenue, e.g. 5^th Avenue or the northern segment of Lockheed Martin Way, prior to final occupancy.
36. The project applicant shall contribute funds for the design and construction of widening the westbound State Route 237 off-ramp approach to the intersection of Mathilda Avenue by one lane, based on a cost estimate approved by the Director of Public Works.
37. Driveway shall be widened and curbs modified to facilitate truck access to the satisfaction of the Public Works Department, prior to issuance of any building permits.
38. Any proposed telecommunication facilities on the project site shall be referred to Onizuka Air Force Base for a determination on radio frequency interference, prior to action on the applicable planning permit.

PLANNING DIVISION File Number 1999-1166
CITY OF SUNNYVALE No. 00-01
P.O. BOX 3707
SUNNYVALE, CALIFORNIA 94088-3707

This Mitigated Negative Declaration has been prepared in compliance with the provisions of the California Environmental Quality Act of 1970, as amended, and Resolution #193-86.

Application for a Use Permit by Jay Paul & Associates c/o Moffett Park Drive, LLC.

To allow construction of four new office buildings, a fitness center, a parking structure and a new light rail station on Moffett Park with a total Floor Area Ratio of 56%. The property is located on Moffett Park Drive and Lockheed Martin Way in an M-3 (General Industrial ) Zoning District. (APN: 110-02-067).

The Director of Community Development of the City of Sunnyvale, California, hereby determines that an environmental impact report is not required. There are sufficient environmental controls incorporated into the zoning regulations to ensure no significant detrimental effect.

The above determination is based on information provided by the applicant in an "Application for Environmental Clearance" and is based on the fact that the use is not in conflict with the adopted General Plan and the Zoning Ordinance; that site and architectural control will be exercised over the proposed development by the City Council.

Mitigation Measures:

A traffic impact analysis was prepared by Meyer, Mohaddes Associates, Inc. for the project. Traffic mitigation for the project scenario will be incorporated into the project as identified by the traffic impact analysis.

PLANNING DIVISION File Number 1999-1166
CITY OF SUNNYVALE No. 00-01
P.O. BOX 3707
SUNNYVALE, CALIFORNIA 94088-3707

The City of Sunnyvale has studied the long-term, major infrastructure needs and funding mechanisms. Future development for all land use categories was projected to year 2020 based on the General Plan, and peak hour trips were projected for this scenario. From previous EIRs and traffic impact studies (e.g. Futures, Lockheed) the City has determined the need for major infrastructure improvements, which are now listed in the Land Use and Transportation Element. The cost of these improvements was determined. It was estimated that some project would qualify for outside funding. The local contribution to the major infrastructure improvement was calculated to be $30,000,000. The local cost was divided by new peak hour trips (+/- 11,000 trips) and mitigation was calculated to charge for net new development to mitigate cumulative traffic impacts.

The applicant has agreed to pay their fair share of cumulative traffic mitigation is an amount to be determined by the City.

No impacts to water supply have been identified with this project. A water supply analysis is needed to determine if improvements are necessary if growth in the Moffett Park area continues. The applicants have agreed to participate in a water supply analysis for the Moffett Park area.

This Mitigated Negative Declaration may be protested in writing by any person prior to 5:00 p.m. on February 14, 2000. Such protest shall be filed in the Department of Community Development, 456 W. Olive Avenue, Sunnyvale and shall include a written statement specifying anticipated environmental effects which may be significant. A protest of a Negative Declaration will be considered by the adopting authority, whose action on the protest may be appealed.

Circulated On January 26, 1999

Signed:

Gail Price
Principal Planner

Adopted On February 29, 2000

Verified:

Gail Price
Principal Planner