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

In response to several issues raised during the Planning Commission Public Hearing on January 28, 2000, the applicant has made several modifications to the architecture, site plan, landscaping, and TDM Plan for the project. A copy of the summary of the approved Planning Commission Minutes for January 24, 2000 is Attachment 7. A letter from the Santa Clara Valley Transportation Authority is Attachment 8.

At the Planning Commission Public Hearing on February 28, 2000, the Planning Commission voted 4-0 to affirm the Mitigated Negative Declaration and approve the Use Permit with conditions. Commissioners Satterlee and Hornberger were absent; Commissioner Howe stepped down due to a conflict of interest. Condition of Approval #32 was added to address Commissioner Simons' concern that the tree selection for the parking landscaping will achieve 50% shade coverage within 15 years. A copy of the draft Planning Commission Minutes of February 28 is Attachment 10.

The applicant is proposing to demolish one currently vacant building, remodel an existing 2-story office building and build a new 3-story office building. The proposed project is a campus expansion of the properties located directly across Crossman Avenue. The subject site is located at the northeast corner of the intersection of Crossman Avenue and Java Drive with easy access to Highway 237.

The total proposed Floor Area Ratio (FAR) would be 51%, where 35% is allowed prior to approval of a Use Permit. A Use Permit is required for proposals greater than 35% FAR. The property directly across the street on Crossman Avenue is a Futures Intensification Site with a 50% FAR. The site has been recently developed at that level of development.

A Mitigated Negative declaration has been prepared in compliance with California Environmental Quality Act provisions, as amended, in Resolution #193-86. The initial study noted issues related to traffic impacts. The traffic impact analysis did not identify any significant project specific traffic impacts; however, due to the project's cumulative environmental impact on traffic staff has included a project mitigation that the applicant contribute funds for future roadway network improvements, consistent with the City's mitigation framework for long term transportation impacts. A copy of the Mitigated Negative Declaration is Attachment 4.

Use: The proposed remodel and the new 3-story office building represents an expansion of the campus across Crossman Avenue. There is sufficient surface parking to serve the intensification of buildings on the subject site. The site is within walking distance to the light rail station at Java and Crossman.

Floor Area Ratio: The FAR controls the intensification of use on a specific parcel by limiting the amount of gross square footage of the building(s) relative to the parcel size. The proposed use at 51% FAR is more intense than the existing 40.6% FAR of the site. Within the M-S zoning district, a Use Permit is required for development above 35% FAR.

The difference between the 35% FAR and the proposed 51% FAR is a net increase in square footage of 42,509 square feet or 11.4% in FAR. The additional square footage is due to the demolition of an existing 85,441 square foot building and the construction of a new building (125,516 square feet).

Since the Planning Commission Public Hearing on January 24, 2000, the applicant has added a 6,319 square feet for a recreation area and café to the new building. This reduces the "actual" FAR from 51% to an "effective" FAR of 50%. The difference represents square footage devoted to non-employee generating areas in the buildings.

Due to the increase above 35% FAR, the proposal is subject to review using the project evaluation criteria for projects greater than 35% FAR. The criteria and evaluation is Attachment 1. The applicant has also provided a project description and justifications in Attachment 5. The applicant has also provided a summary of the issues raised during the Planning Commission Public Hearing and their responses to them.

Site Layout: There are two existing buildings on the 9.8-acre site. Both buildings are located toward the middle of the site, one closer to Crossman and one closer to Java. An existing building will be demolished, and the current building facing Crossman will be remodeled. The primary entrances for both buildings will face Crossman Avenue to the west and the driveway entrance to the site will be along the same frontage. The secondary building entrances will provide access to the plaza area to the side or rear of each building. The majority of the parking will maintain the existing configuration although additional surface parking and landscaping will be added after the demolition of one building.

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

Architecture: The architecture and design will include the remodel of one building and construction of a new building on the site. The new building is a contemporary design that conveys a "high-tech" image that is emerging within the Moffett Park area. The colors and materials include off-white pre-cast panels, blue-green low reflective/clear/spandrel glass and champagne colored metal. The materials and colors are similar to buildings on the remainder of the campus across the street.

The remodeled building will have a more contemporary styleand façade by adding elements to the existing concrete materials and reducing significant portions of the mansard roof. The ground floor will have a new concrete surround and infill glazing to match the pre-cast panels and glazing on the new building. The design will eliminate or hide the existing buttresses or pilasters.

Due to modifications to the exterior of the building, the windows will become more recessed and provide a shadow line and more visual interest to all facades. The narrow arched windows on the second floor will be replaced with rectangular windows with similar proportions and color (blue-green) to the new building.

The applicant has modified both the design and architectural elements to address concerns raised at the Planning Commission Public Hearing. The use of similar glass color and design and the introduction of vertical fins or elements break up the long horizontal lines of the remodeled and new building. These features and building material also link the remodeled building with the new building. The mansard roof line will be broken up into smaller segments and augmented with seam metal elements to tie to other buildings.

The covered arcade adjacent to the new building will have a sloped roof similar to elements of the remodeled building. Glass curtain walls will define the primary entries of both buildings; the new building will also have a "glass lantern" element that introduces angular features similar to buildings across Crossman. Molding has been added to provide additional texture and articulation. Along the north elevation of the new building there will be a covered pedestrian arcade, which also provides visual interest to the interior of the site.

The building mass and bulk of the buildings will be minimized through the use of a variety of building materials and finishes, and the use of vertical elements on all facades. The combination of design and building materials defines the top, middle and base of the new building.

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

Landscaping: The proposal includes 153,583 square feet of landscaping which exceeds the minimum of 20% of the site. The proposed landscaping plan consists of 77% as softscape/plant materials and 23% as hardscape, including decorative paving in the plaza, the arcade area and pedestrian areas closer to the street frontage. The landscape palette uses a variety of species and the landscaping is located throughout the property. There is an existing 20-25 foot mature landscape buffer along Crossman and additional buffers are on all remaining perimeters. The east and north perimeters will be 5-feet and the south perimeter (along Java) will be approximately 25 ft. planted with various species of trees to provide a buffer.

The parking lot landscaping is extensive and introduces additional planting wells and landscaped areas throughout. The conceptual landscape plan retains a significant number of existing trees and mature landscaping on-site. The landscaping will also be complemented by the use of decorative paving in the plaza area where the applicant will install the artwork. To ensure protection of existing trees, the applicant will be required to submit a Tree Protection Plan, submit a revised landscape plan, and accommodate Best Management Practices related to surface run-off (Conditions of Approval #16,17, and 18).

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

Parking/Circulation: A minimum of one parking space per 500 square feet is required and a maximum of one space per 250 square feet is allowed within this zoning district.

The applicant reduced the parking spaces by 24 spaces; the revised proposal includes a total 692 parking spaces, which are approximately 3.2 spaces per 1,000 gross building square footage. The parking standards for this use require a minimum of 430 and a maximum of 860 parking spaces.

The project includes 69 compact parking spaces, 609 standard parking spaces and 14 handicapped parking spaces. The Sunnyvale Municipal Code requires that 10% of the parking spaces in industrial developments be reserved for carpool vehicles (71 spaces are designated for car pool vehicles). These spaces are located in close proximity to both buildings.

The bicycle parking has two components: 44 spaces for secure bicycle parking and 28 spaces for bike racks. The proposal also includes a campus-wide on-site bicycle system to link the buildings throughout campus. The applicant will stripe a bicycle lane along Crossman Avenue to promote additional bicycle usage in the industrial area (Condition of Approval #27). With its close proximity to the LRT station, it will also be possible for bicyclists to use LRT since bicycles are allowed on the LRT cars. Staff has included Condition of Approval #11 requiring that bicycle parking be provided in accordance with the Valley Transportation Authority’s bicycle parking guidelines. Bicycle parking is also a requirement of the Transportation Demand Management (TDM) program.

A pedestrian circulation plan ties the two buildings together and links the subject site to campus across Crossman. The pedestrian connections, including sidewalks and plaza areas, facilitate pedestrian access to the LRT station and bus stops in the vicinity.

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

The firm of Optrans prepared a Transportation Impact Analysis (TIA) for the project proposal; it was reviewed and approved by City staff. The TIA was prepared according to Santa Clara Valley Transportation Authority (SCVTA) Congestion Management Program (CMP) requirements. Intersection, freeway, and alternative transportation impacts were assessed per the CMP. The TIA also examined several non-CMP, City-controlled intersections. Seven intersections were studied for 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 CMP TIA Guidelines also call for freeway and intersection left turn pocket capacity to be studied. No freeway or queuing impacts were identified.

At the time of data collection, the Tasman West light rail transit project was under construction. Assumptions were made to adjust traffic volumes for disruption of traffic patterns and volumes due to construction activity. A comparison of historic and current

traffic volumes resulted in minor increases in base traffic volume assumptions.

The TIA also analyzed project site circulation and alternative transportation impacts. The proposed project will install a sidewalk, and consolidate two driveways into one on the Crossman Avenue frontage. These constitute positive environmental impacts.

Sidewalks are absent on the Java Drive frontage of the project. Sidewalk in this area would partially complete a new pedestrian/ADA link between the north and south sides of Route 237. Because the project south frontage abuts the embankment for the Java Drive bridge over Route 237, the frontage is decidedly non-typical, and requires a higher level of feasibility analysis. However, relieving the applicant of the City requirement to provide sidewalks on project frontages should not be done without thorough engineering analysis.

A condition of approval is included to require the applicant to post a bond for the cost of embankment/guardrail modifications and construction of sidewalk on the Java Drive frontage of the property between Crossman Avenue and the Route 237 bridge. Staff will work with the applicant to further evaluate the feasibility of constructing sidewalk in this area (Condition of Approval # 28).

The project proposes to install bicycle parking as well, but at levels below those recommended in the Valley Transportation Authority Bicycle Technical Guidelines. A condition of approval is included to require the applicant to install bicycle parking per the VTA Bicycle Technical Guidelines (Condition of Approval #11).

The TIA identified that signs are posted prohibiting left turns from the southernmost driveway on Crossman Avenue. This is due to sight distance and intersection distance constraints. Considerable additional traffic will be added to this intersection by the proposed project. Therefore, it may be necessary to construct a physical barrier to left turn movements to reduce the potential for collisions.

Staff is recommending that the project include a condition of approval for the applicant to post a five year bond prior to project occupancy for construction of median improvements on Crossman Avenue at Java Drive along the projects south driveway. This will allow the City to evaluate whether a safety issue develops. The City reserves the right to call the bond within five years of project occupancy and construct this improvement (Condition of Approval #29).

In September 1999, the City completed a citywide bikeway planning study, called the Bicycle Opportunities Study. This study gives direction on rational approaches to providing a comprehensive network of bike lanes on City streets. The City will use this study as a guide over the long term for implementing bikeway improvements. Currently, staff is prioritizing projects and studies for implementing bike improvements.

The Bicycle Opportunities Study recommends that on-street parking be removed to accommodate bike lanes on Crossman Avenue. The detailed study and outreach required to investigate this action has not been scheduled. Staff’s approach would be to conduct the necessary public outreach and meetings for Council to consider this issue at a future date to be determined.

However, the applicant has agreed, as a means to encourage alternative transportation use by its employees and to promote bicycle use and bike facilities Citywide, to support removal of on-street parking on Crossman Avenue for construction of bike lanes (Condition of Approval #27). Support for this action constitutes a goodwill gesture on the part of the applicant, and will significantly accelerate provision of bike lanes on Crossman Avenue. This is a positive environmental impact.

During the review period, staff received a letter from the Valley Transportation Authority regarding the project (Attachment 8). The VTA supports the project and recommends that specific conditions of approval address the bus stop along Crossman. Staff concurs and has added Conditions of Approval # 30 to address the VTA concerns.

As a project requiring discretionary approval and subject to the California Environmental Quality Act (CEQA) provisions, staff has assessed the project’s cumulative environmental impact on traffic. The Sunnyvale Land Use and Transportation Element identifies a long term, citywide transportation system deficiency based on traffic increases from planned development. This project will add new trips that will contribute to the forecast transportation system deficiency. The project’s proposed FAR also is in excess of 35% criteria which exacerbates the cumulative traffic impacts already identified in the Land Use and Transportation Element. Therefore, staff is including as a project mitigation a condition that the developer will contribute funds for future roadway network improvements, consistent with the City’s mitigation framework for long term transportation impacts (Condition of Approval #31).

In response to concerns by the Planning Commission, the applicant has proposed a TDM threshold of 18% for the subject parcel. The applicant has submitted a TDM Plan for the entire Network Appliances campus, including a voluntary self-imposed 15% TDM threshold for Phase 1 of the campus across the street. A copy of the TDM Plan is Attachment 9.

The plan includes a recreational area (including 10 showers and 84 lockers) and café on the subject and a bicycle pool and secure bicycle parking and racks for commuting and recreational opportunities. There are banking and dry cleaning services available on the portion of the campus across Crossman. The applicant proposes to retain a Transportation Coordinator to provide alternative transportation information and services, and will subsidize employee transit passes. A guaranteed ride home program is proposed to be developed. The applicant/tenant also allows flex time for employees. The Plan further notes the applicant’s support for removal of on-street parking for bicycle facilities, to promote bicycle use. The proposed program would represent a comprehensive and potentially effective TDM Program.

The Plan discusses telecommuting. City staff does not view telecommuting as a favorable means to reduce trips unless the telecommuter’s office space is not utilized for other activities. As the TDM Plan notes, many employers use telecommuting as a means for "hoteling" employees. Therefore, office space remains occupied and there is no reduction of base trip generation from the use.

The TDM Plan does indicate how the applicant will assure long-term trip reduction commitment to the 18% TDM goal. Amending the CC & R’s or lease agreements are options. Staff believes that in order to have a guaranteed, enforceable TDM component of a project, there needs to be a condition placed on the use of the land the commits to a trip reduction goal and commits to compliance with a City-determined penalty should that goal not be met.

A TDM Plan is not required for this site but has become a common tool for evaluation of the impacts of higher FAR projects. Recordation of the Use Permit conditions of approval will assure long-term notification of the requirement for the property to require the property owner or occupant to assure that at least 18% 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 comply with City of Sunnyvale requirements for financial penalties should the TDM goal not be met (Condition of Approval #14).

Easements/Undergrounding: Sidewalks are required to be installed. Sidewalks will be installed along the Crossman frontage and the applicant shall post a bond for the cost of embankment/guardrail modifications and construction of sidewalk on the Java Drive frontage of the property between Crossman Avenue and the Route 237 bridge, based on an engineer’s estimate approved by the Director of Public Works (Condition of Approval #28). Easements for sidewalks are addressed in Condition of Approval #25.

All dedications, easements and agreements related to off-site improvements shall be required and provided by the applicant as deemed necessary by the Department of Public Works.

Art in Private Development:

In accordance with the Sunnyvale Municipal Code (SMC 19.52), non-residential sites over two acres are required to provide public art. The Planning Commission reviews the general location on the site; the selected artist, the artwork, and its final location are subject to the Arts Commission review and approval. The ordinance requires that artwork be visible from the street. The applicant has proposed that the artwork be located within the plaza between the two buildings. This is a visible location from both frontages and it will be focal point and will help to tie the two buildings together. The artwork will be installed prior to occupancy of the site (Condition of Approval #4).

The proposed development meets or exceeds the development standards of the M-S (Manufacturing-Services) zoning district and complements the surrounding industrial area. Since the proposal is for a FAR greater than 35% FAR, a Use Permit is required. In addition, the proposal is subject to the project review criteria (Attachment 1) for projects greater than 35%. Staff has conducted an analysis using the criteria, and finds that the project merits consideration of a higher FAR. The application includes strong site plan, architecture and design elements.

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

The proposal will be an intensification of use of the subject site, due to the addition of the new three-story building. The 9.8 acre parcel is sufficient to support buildings of this size and function. The location of the buildings and the landscaping will complement the architectural features of the buildings. A Traffic Impact Analysis study did not identify specific traffic issues associated with the proposal. Staff has determined, however, that mitigation of cumulative impacts is appropriate to offset the cumulative traffic impacts on continuing development within this sub-region of Sunnyvale. A mitigation amount has been calculated and is noted in Condition of Approval # 31.

The architecture and design of the buildings, including the landscaping, create an enhanced street presence at the intersection. The intersection is visible by car passengers, LRT passengers and pedestrians. The site plan and articulation of the buildings link the subject site to the remainder of the campus across Crossman Avenue.

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

• Staff was able to make the required Findings based on the justifications for the Use Permit. The justifications are located in Attachment 2.

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 3.

• Staff is recommending approval for this project based on the Findings (Attachment 1 2) and subject to the Conditions of Approval (Attachment 3).

No fiscal impact other than normal fees and taxes are expected.

Notice of the Mitigated 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.

The staff report for this project was posted on the City of Sunnyvale's Website and a copy of the report was provided at the Reference Section of the City of Sunnyvale's Public Library. The Planning Commission Agenda was posted on the City of Sunnyvale's Website and recorded for SunDial. The project was presented to the Planning Commission Study Session on December 13, 2000 and modifications were incorporated due to comments made during the discussion. This item went to Planning Commission Public Hearing on January 24, 2000 and the applicant was granted a continuance to the Planning Commission Public Hearing on February 28, 2000. A copy of the Planning Commission approved minutes for January 24, 2000 is Attachment 7. At the Planning Commission Public Hearing on February 28, 2000, the Planning Commission voted 4-0 to affirm the Mitigated Negative Declaration and approve the Use Permit with conditions. Condition of Approval #32 was added to address Commissioner Simons' concern that the tree selection for the parking landscaping will achieve 50% shade coverage within 15 years. Commissioner Hornberger and Satterlee were absent; Commissioner Howe stepped down due to a conflict of interest. A copy of the draft Planning Commission minutes of February 28, 2000 is Attachment 10. This report is scheduled for the City Council Public Hearing on March 7, 2000.

1. Support the Planning Commission recommendation to affirm the Mitigated Negative Declaration and approve the Use Permit subject to the Conditions of Approval.
2. Support the Planning Commission recommendation to affirm the Mitigated Negative Declaration and approve the Use permit with modifications.
3. Affirm the Mitigated Negative Declaration and deny the Use Permit.
4. Not affirm the Mitigated Negative Declaration and direct staff as to where additional environmental analysis is required.

Alternative #1.

Prepared By:

Gail A. Price
Principal Planner

Reviewed By:

Trudi Ryan
Planning Officer

Reviewed By:

David S. Boesch, Jr. Director
Community Development Director

Approved By:

Robert S. LaSala
City Manager

Attachments:

1. Project Review Criteria for Projects Greater than 35% FAR
2. Findings
3. Conditions of Approval
4. Mitigated Negative Declaration
5. Site and Architectural Plans
6. Project Description and justification from the applicant.
7. Approved Minutes of the Planning Commission Public Hearing of January 24, 2000.
8. Letter from the Santa Clara Valley Transportation Authority
9. Applicant Project Summary Booklet, including Transportation Demand Management (TDM) Plan
10. Draft Minutes of the Planning Commission Public Hearing of February 28, 2000.

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.

1. The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale as the project addresses the following:

Neighborhood N1.8: Cluster high intensity uses in areas with easy access to transportation corridors

The proposed project is located immediately across the street from a 50% FAR (Futures Intensification Site). The subject project is Phase 2 of a campus master plan. The site is located within easy walking distance to the LRT station at Java and Crossman. In addition, the site is served by other transit options, there are established shuttles services, and there is easy access to Highway 237.

R.1.9 Support flexible and appropriate alternative transportation modes and transportation system management measures that reduce reliance on the automobile and serve changing regional and City-wide land use and transportation needs.

The applicant has a TDM program with a 18% threshold, including a voluntary implementation of a 15% TDM program for Phase 1 across Crossman Avenue. It includes many elements to offset the traffic generation associated with the project.

Policy C.1: Place a high priority on quality architecture and site design which will enhance the image of Sunnyvale and create a vital and attractive environment for businesses, residents, and visitors, and be reasonably balanced with the need for economic development to assure Sunnyvale's economic prosperity.

The remodeled and new building demonstrate attractive design and a variety of architectural features, enhanced entries, a variety of building materials, colors and textures. This gateway location at the LRT station is widely visible and demonstrates the quality of redevelopment activity in Moffett

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 the site redevelopment remodels an existing building and the new 3-story building is only adding 42,509 square feet to the building square footage and intensity. The remodeled building is a re-sue of an existing building. The overall architectural quality is high and the design elements and landscaping have a positive aesthetic impact on the immediate industrial neighborhood.

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:

1. The Conditions of Approval shall be reproduced on one page of the plans submitted for a Building Permit for this project.
2. Execute a Use Permit document for recordation with the County Recorder prior to issuance of a Building Permit.
3. Consult with the Crime Prevention Division of the Public Safety Department for crime prevention measures appropriate to the proposed development prior to issuance of a Building Permit.
4. Comply with Art in Private Development municipal code requirements prior to occupancy. Locate art visible from Crossman Avenue and Java Drive in the plaza area between the two buildings. A bond for 1% of total construction costs shall be posted to ensure completion of artwork prior to issuance of building permits.

5. 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 enclosure prior to occupancy.
2. The enclosure shall match the design, materials and color of the main building.

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

7. 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.

8. Submit a parking and circulation plan to the Director of Community Development for review and approval prior to the issuance of a Building Permit.
9. The plan shall include: designation of on-site parking, including designated areas for employees, visitors, handicapped parking, vanpool, and carpool spaces. All such areas shall be clearly marked on Building Permit plans prior to the issuance of Building Permits.
10. As proposed, a total of 10 percent preferential parking spaces shall be reserved and so marked in the closest possible rows adjoining the building allowing for car/vanpool carrying at least two employees per vehicle and clean fuel vehicles.
11. Install covered and secured bicycle parking per VTA Bicycle Technical Guidelines. Submit a bicycle-parking plan for review and approval by the Director of Community Development prior to issuance of building permits.
12. Design parking surfaces and landscaping to contribute to effective storm water management.
13. Operate a Transportation Demand Management (TDM) program to achieve a 18 percent trip reduction goal. Percentages are based upon the total number of employees over a 24-hour period. Submit an annual progress report for City review on January 1 each year. If through review of the annual report, it is determined that the vehicle trip reduction goal is not being met, a revised TDM shall be submitted for approval by the City.
14. The TDM program:

1. Shall be approved by the Director of Community Development prior to issuance of a Building Permit.
2. Shall apply to the property identified in the Use Permit 1999-1197 regardless of ownership or use.
3. Shall incorporate a schedule of monetary fines for non-compliance of the TDM goals (schedule to be determined by Director of Community Development).

1. Ground cover shall be planted so as to ensure full coverage eighteen months after installation.
2. Consult with the Trees and Landscaping Division of the Pubic Works Department regarding the provision of street trees along Crossman Drive and Java Avenue frontages of the subject property.
3. Ground cover shall be planted so as to ensure full coverage eighteen months after installation.
4. All areas not required for parking, driveways or structures shall be landscaped.
5. All landscaped areas shall have an appropriate irrigation system.
6. Provide undulating landscape mounds along street frontages up to 3-feet in height.

16. Prior to issuance of a Demolition Permit, a Grading Permit, or a Building Permit, which ever occurs first, obtain an 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.
17. Submit revised site and landscaping plans to clarify the 6 ft. landscape strips located in the parking lot and the number of trees relative to the number of parking spaces in accordance with the Sunnyvale Municipal Code. Plans shall be reviewed and approved by the Director of Community Development prior to issuance of a building permit.
18. The landscape plan will accommodate Best Management Practices (BMPs) to promote post-construction stormwater quality standards.

19. Submit exterior lighting plan, including photometrics, fixture and pole designs of all poles, 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. Pole heights (including the base and fixture) shall not exceed 18 feet in the front portion and 8 feet along the rear property line. Anti-glare shields shall be installed to ensure that no over-spill light or glare occurs on the adjacent properties.
3. Provide photo cells for on/off control of all security and area lights.
4. All exterior security lights shall be equipped with vandal-resistant covers.
5. Wall packs shall not extend above the roof or parapet of the building.

20. Comply with Housing Mitigation Policy, which includes an estimated Housing Mitigation Fee ($7.19/s.f. above 35% FAR) of up to $260,206 for the proposed 51% FAR project prior to issuance of a Building Permit. The calculation is based upon the net additional square footage added (36,190 square feet) multiplied by the $7.19 per square foot. The calculation excludes non-employee generating areas such as the café and recreational area.

21. All overhead utility lines and service drops shall be undergrounded. 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.
22. 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.
23. 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.
24. Existing and proposed on-site and street frontage electrical, telephone and cable TV services shall be placed underground or removed prior to occupancy (MC 19.46.060).
25. Obtain Public Works approval of plans for utility line extensions, utility connections, meter locations, driveways, and sidewalks, including appropriate easements.The applicant shall install a sidewalk along the Crossman Avenue frontage, and consolidate two driveways into one along the same frontage.
26. The applicant will construct bicycle lanes along Crossman Avenue. The plans will be subject to review and approval by the Director of Department of Public Works.
27. The applicant shall post a bond for the cost of embankment/guardrail modifications and construction of sidewalk on the Java Drive frontage of the property between Crossman Avenue and the Route 237 bridge, based on an engineer’s estimate approved by the Director of Public Works. Period of the bond shall be five years. The City reserves the right to call the bond within five years of project occupancy and construct this improvement.
28. The applicant shall post a five-year bond prior to project occupancy for construction of median improvements on Crossman Avenue at Java Drive along the projects south driveway, based on an engineer’s estimate approved by the Director of Public Works. The City reserves the right to call the bond within five years of project occupancy and construct this improvement.
29. In accordance with recommendations by the Santa Clara Valley Transportation Authority regarding the bus stop along Crossman, the applicant will provide the following improvements for the bus stop:

1. A minimum 22-foot curb lane or bus duckout consistent with VTA Bus Duckout Standards
2. PCC Bus Stop Pavement Pad consistent with VTA Bus Stop Pavement Details
3. Wheelchair curb ramps at all street and driveway intersections, in compliance with Americans with Disabilities (ADA) standards.
4. A minimum 8-foot wide sidewalk adjacent to the bus stop, consistent with ADA bus stop access standards.

30. 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. Fair share is estimated to be $203,609. Mitigation contribution shall be made prior to issuance of a building permit.
31. The tree selection for the parking landscaping will achieve 50% shade coverage within 15 years.

PLANNING DIVISION File Number 1999-1197
CITY OF SUNNYVALE No. 99-38
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 Trinet Essential Facilities.

To allow demolition of an existing building, a remodeling of an existing building and construction of a 3-story office building with a FAR (Floor Area Ratio) of 50% where 35% is allowed without a Use Permit. The property is located at 1260 Crossman Avenue in an M-3 (General Industrial) Zoning District. (APN: 110-36-020).

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:

Cumulative traffic impact mitigation shall be provided. The applicant will contribute funs for future roadway network improvements, consistent with the City's mitigation framework for long-term transportation impacts. The applicant will post separate bonds related to costs of required infrastucture improvements noted in the staff report and will install bicycle parking per the Valley Transportation Bicycle Technical Guidelines.

Circulated On December 29, 1999

Signed:

Gail Price
Principal Planner

Adopted On March 7, 2000

Verified:

Gail Price
Principal Planner