Reso 6538 ASA-2008-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6538
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MASTER USE PERMIT TO CONSTRUCT FLEXIBLE
MIXED-USE DEVELOPMENT OPTIONS CONSISTING OF A 4-STORY,160-UNIT SENIOR
HOUSING BUILDING,UP TO A 5-STORY HOTEL WITH 250 ROOMS, UP TO 150,000 SF OF
RETAIL SHOPS,UP TO 9,000 SF OF GROUND FLOOR PARKING GARAGE AREA
CONVERTED TO FUTURE RETAIL SHOP AREA,UP TO A 145,000 SF ATHLETIC CLUB OR
36,000 SF OF ADDITIONAL RETAIL SHOP AREA,100,000 SF OF OFFICE BUILDING,A 5-
LEVEL PARKING GARAGE AND 4 ACRES OF PUBLIC SPACE ON A 17.4 ACRE SITE
LOCATED NORTH OF STEVENS CREEK BOULEVARD BETWEEN FINCH AVENUE
(INCLUDING THE WEST SIDE OF FINCH AVENUE) AND N. TANTAU AVENUE,SOUTH
OF VALLCO PARKWAY
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval,as described in Section II of this Resolution;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
WHEREAS,the applicant has met the burden of proof required to support said application;and
has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health,safety, general welfare,or convenience;and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the Architectural and Site
Review Chapter of the Cupertino Municipal Code;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 Architectural and Site Approval is hereby approved, subject to
the conditions which are enumerated in this Resolution beginning on Page 2 thereof;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 No. ASA-2008-06 as
Resolution No. 6538 ASA-2008-06 January 6, 2009
Page 2
set forth in the Minutes of the Planning Commission Meeting of January 6, 2009, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: ASA-2008-06
Applicant: Kevin Dare (Sand Hill Property Company)
Location: North of Stevens Creek Boulevard between Finch Avenue (including the
west side of Finch Avenue) and N.Tantau Avenue,south of Vallco
Parkway
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Main Street Cupertino Zoning Permit
Package" consisting of 115 pages labeled Title Sheet, AO through A53, Landscape Plan
A, and C0.0 through C5.3., parking garage elevations, tree disposition plan, section
drawings, updated site plan, and option plans, except as may be amended by the
conditions contained in this resolution.
2. DEVELOPMENT APPROVAL
Approval of a Master Use Permit is granted for a period of five (5) years following
issuance of the Master Use Permit to allow the construction of interchangeable mixed-
use development options in accordance with the approved exhibits consisting of a 4-
story, 160-unit senior housing building; up to a 5-story, 250 room hotel; up to 150,00
square feet of retail shops; up to 9,000 square feet of ground floor parking garage area
converted to future retail shop area; up to a 145,000 square foot athletic club or up to an
additional 36,000 square feet of retail shop area and an additional 162 surface parking
spaces at the northwest corner of Stevens Creek Boulevard and N. Tantau Avenue;
100,000 square foot office building; a 5-level, 1,288 space parking garage; and 4 acres of
public open space consisting of a town square, plaza areas, park, and green landscaped
area. The ground floor level of the office building and senior housing building will
accommodate retail shops facing the town square.
Scheme A OR the followin additional o tions
Senior Housin 160 units
Hotel 3-stories,150 rooms U to 5-stories,250 rooms
Athletic Club 145,000 sf 30,000 sf major retail building and 6,000 sf
adjacent retail/restaurant building area and
additiona1162 surface arkin s aces
Parking Garage 1,288 spaces Conversion of 9,000 sf along Vallco Parkway
for conversion to future additional retail
sho area with loss of 43 arkin s aces
Retail 127,789 square feet Up to 22,211 square feet of additional retail
sho area for a total of 150,000 s uare feet
Office 100,000 s uare feet
Public Open 4 acres
S ace
Resolution No. 6538 ASA-2008-06 January 6, 2009
Page 3
3. TENTATIVE MAP
Approval of a Tentative Map is granted to subdivide the property from three parcels
into five parcels in accordance with the Tentative Map submitted in the approved
exhibits, except as amended by the conditions contained in this resolution.
4. COVENANT OF RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress
easements between each lot created by the new development. The applicant shall also
record appropriate deed restrictions for necessary reciprocal ingress and egress
easements between the adjacent properties to the west, to be implemented at such time
that the City can require the same of adjacent property owners. The easement language
shall be reviewed and approved by the City Attorney. The covenant of easement shall
be recorded prior to final map approval.
5. PUBLIC PEDESTRIAN EASEMENT
Public access pedestrian easements through the interior pedestrian paths and plazas,the
town square, and park area shall be required. The easement language shall be reviewed
and approved by the City Attorney prior to recordation of the easement on the project
site with the final map approval.
6. COVENANTS, CONDITIONS AND RESTRICTIONS
The project CC&Rs shall be reviewed and approved by the City Attorney prior to
recordation with the final map approval. The conditions of approval for the project shall
also be recorded on the properties and incorporated into the CC&Rs.
7. jOINT USE AGREEMENT
Prior to recordation of the final map, the applicant shall submit a joint use agreement
between the City and the applicant to be reviewed by the City Attorney and the Director
of Parks and Recreation, and approved by the City Council, which permits the City to
use the town square and park area for public use for community events or other similar
City-approved events or activities, such as, but not be limited to a farmers' market,
holiday activities, and summer events. The joint use agreement shall be recorded and
incorporated into the Covenants, Conditions and Restrictions (CC&Rs) of the project
site.
The joint use agreement shall govern the public use, programming, public access and
percentage of time available for the allowable public activities and events for which the
town square and park may be used. The agreement shall also make available publicly
identifiable restroom facilities for public use during normal business hours. No
structures will be constructed on the town square area without the approval of the City
of Cupertino. The programming provisions of the joint use agreement shall be
administered between the applicant and the Parks and Recreation Department.
8. GROUND FLOOR RETAIL
Prior to issuance of building permits, the applicant shall demonstrate the ground floor
retail functionality for buildings proposed at heights over 45 feet in accordance with the
City's General Plan, to the satisfaction of the Director of Community Development. The
Resolution No. 6538 ASA-2008-06 January 6, 2009
Page 4
ground floor retail shall be of substantial and appropriate size to accommodate the
functionality of retail uses. The building frontages of all buildings facing the town
square, including the senior housing building, the retail shops, and the office building,
shall have ground floor retail as illustrated by the plans in the approved exhibits. The
athletic club shall provide a floor plan to demonstrate the inclusion of ground floor
retail along at least 10 percent of the ground floor.
9. DISCLOSURE CLAUSE TO THE FUTURE PROPERTY OWNERS
The applicant/developer shall inform the future owners through the Covenants,
Conditions and Restrictions (CC&Rs) of the surrounding projects. The CC&R language
shall be reviewed and approved by the City prior to issuance of building permits.
10. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall either participate in the City's Below Market Rate (BMR) Housing
program by dedicating 15% of the total number of senior housing units at below market
rates or obtain an alternative approval by the City Council to meet objective of the
Below Market Rate Housing Program. The Housing Commission shall suggest
alternatives for the City Council to consider to meet this requirement. For dedication of
any senior housing units at below market rates, the applicant shall record a covenant,
which shall be subject to review and approval by the City Attorney, to be recorded prior
to issuance of building permits for the planned senior housing building.
11. MITIGATION MONITORING AND REPORTING PROGRAM
The project shall adhere to all of the mitigation measures identified in the Mitigation
Monitoring and Reporting Program (MMRP) of the Environmental Impact Report
prepared by David J. Powers and Associates dated January 2009.
12. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of up to 150,000 square feet of retail commercial
square footage; up to 98,800 square feet of commercial for the athletic club or up to an
additional 36,000 square feet of retail commercial square footage for the northwest
corner of Stevens Creek Boulevard and N. Tantau Avenue; 160 units of residential units
for the senior housing; and up to 250 hotel rooms, depending on the build out options
chosen. The applicant is also authorized up to 100,000 square feet of office space.
13. CONSTRUCTION PROTECT PHASING
The applicant shall prepare a construction phasing schedule, demonstrating completion
of the project within 5 years of this approval. The construction phasing schedule shall
detail critical milestones of the construction. Critical milestones of the construction shall
include but not be limited to the following:
A. The town square,park area,and the four retail buildings adjacent to the town square
and directly fronting Stevens Creek Boulevard, the street and pedestrian
infrastructure around these portions of the project site, and sufficient parking to
support these uses, shall be constructed together as part of the first development
phase,if the project is developed in phases.
Resolution No. 6538 ASA-2008-06 January 6, 2009
Page 5
B. The major retail tenant buildings, the mixed-use office and retail building, senior
housing, hotel, athletic club and parking garage may be developed following the
first development phase of the project.
C. Adequate parking shall be provided on the project site during phased development
of the project. The applicant will be required to demonstrate to the satisfaction of
the Director of Community Development that adequate parking is provided for the
development of each building on site.
14. PARKING
The applicant shall comply with the minimum parking requirements for the project per
the parking analysis in the Transportation Impact Analysis prepared by Fehr and Peers
dated September 5, 2008 and incorporated into the Environmental Impact Report. The
applicant shall also comply with the swales and permeable surfaces requirement
(Section 19.100.040(0)) of the City's Parking Regulations.
15. PARKING LOT LIGHTING
Lighting in the parking lots shall be approved by the Director of Community
Development for compliance with applicable regulations prior to issuance of building
permits.
16. BUILDING PERMIT APPROVAL
The Director of Community Development shall review the final building permits for full
conformance with this approval and the design approval prior to issuance of building
permits.
17. SIDEWALKS/CROSSWALKS
A. The final sidewalk plan shall be required to be reviewed and approved by the City
prior to the final map.
B. The applicant shall provide decorative crosswalks with decorative precast concrete
pavers across Vallco Parkway,N. Tantau Avenue and Stevens Creek Boulevard. The
decorative pavement materials shall be reviewed and approved by the Director of
Community Development and the Public Works Department, and shall be
consistent with the recommendation of the traffic analysis prepared by Fehr and
Peers in the Transportation Impact Analysis dated September 5,2008 on p.48.
18. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City's Sign
Ordinance, Heart of the City Specific Plan and South Vallco Master Plan. Prior to final
occupancy and approval of any individual signs on site, a detailed master sign program
shall be submitted for review and approval by the Design Review Committee.
19. ARCHITECTURAL AND SITE APPROVAL
A. The building and architecture sha11 substantially conform to the elevations and
details as shown in the approved exhibits, unless otherwise noted below. Prior to
issuance of building permits, the applicant shall be required to obtain approval of
separate Architectural and Site Approval application(s) for each of the buildings on
Resolution No. 6538 ASA-2008-06 January 6, 2009
Page 6
the project site. Building colors and materials shall be reviewed and approved in
conjunction with the Architectural and Site Approval.
1. For buildings in which full elevations have been provided in the approved
exhibits, the applicant shall be required to obtain approval of Architectural and
Site Approval applications by the Design Review Committee.
2. For buildings in which full elevations have not been provided in the approved
exhibits, such as the athletic club, the applicant shall be required to obtain
approval of Architectural and Site Approval applications by the City Council.
B. The applicant shall address the following issues as part of the separate Architectural
and Site Approvals:
Town Square
1. The town square area shall be designed as a "flexible" public area space that
may be expanded or shifted by the temporary closure of one or more of the
surrounding"Finch Avenue" private drive streets
2. The town square area will be developed to be flush with the grade of the
surrounding "Finch Avenue" private drive streets to allow for a seamless
expansion or shifting of the town square area.
3. The applicant shall provide decorative semi-pervious pavement treatment in the
town square and plaza areas to be reviewed and approved by the Director of
Community Development.
4. Parking on the circular "Finch Avenue" private drive streets shall be delineated
by decorative semi-pervious paving rather than painted stripes.
5. Final design and landscape of the town square area shall be reviewed and
approved by the Design Review Committee.
6. Temporary closure of any portion of the private drive streets, including methods
used to temporarily close the street(s), will require approval of the Director of
Community Development.
Corner Buildin�
Any building(s) proposed at the northwest corner of Stevens Creek Boulevard and
N. Tantau Avenue shall have prominent architectural design enhancements to
emphasize the importance of this corner as the eastern gateway entry to the City
including:
1. Identifiable street frontage public entrances along Stevens Creek Boulevard and
N.Tantau Avenue
2. Glass storefronts to allow for the visibility of activities along the street frontages
3. Interesting and unique architectural features to enhance the gateway entrance
into the City Cupertino
4. Corner building architectural and site features
Street Furniture
The applicant shall provide street furniture along Stevens Creek Boulevard and
Vallco Parkway. Prior to the issuance of building permits for Phase 1 of the project,
the street furniture shall be reviewed and approved by the Design Review
Committee.
Resolution No. 6538 ASA-2008-06 January 6,2009
Page 7
Plaza Area
The applicant shall modify the square parking plaza area to the east of the town
square area to a be a more standard linear street that allows for outdoor pedestrian
plaza space adjacent to the surrounding retail shop areas and 90 degree-angled
street parking.
Gara�e
1. The parking garage shall be designed and constructed to allow conversion of the
ground floor area along Vallco Parkway to retail shop areas.
2. The parking garage shall provide architectural details and designs along the
ground floor facing Vallco Parkway to promote pedestrian orientation along the
street.
3. When the ground floor of the parking garage is converted to retail shop area, the
ground floor area shall have storefront windows facing Vallco Parkway.
20. GATEWAY ENTRY
The applicant shall be required to construct and install a gateway entry feature on the
northwest corner of Stevens Creek Boulevard and N. Tantau Avenue that will be
consistent with the policies of the General Plan and South Vallco Master Plan. The
gateway entry feature shall be a prominent design that may fulfill the public art
requirement and could include a decorative monument feature that spans over Stevens
Creek Boulevard, or vertical structural elements on both sides of Stevens Creek
Boulevard and on the median to announce entry. Also, this corner shall include a
community banner and enhanced pedestrian crossings that may include crosswalk
lighting, special paving materials and/or prominent art or architectural feature
announcing the entry to the City, such as a wrought iron element, subject to review and
approval by the City Council.
21. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Design Review Committee prior to issuance of building permits. The
landscape plan shall provide the following:
A. The landscape plan shall include water conservation and pesticide reduction
measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the
pesticide control measures referenced in Chapter 9.18, Stormwater Pollution
Prevention and Watershed Protection,of the Cupertino Municipal Code.
B. Landscaping along Stevens Creek Boulevard and N. Tantau Avenue in accordance
with the streetscape design requirements of the Heart of the City Specific Plan.
C. Planting of two specimen oak trees flanking entrance to the development on the
corner of Stevens Creek Boulevard and Finch Avenue as replacements for the
removal of the existing dead specimen oak tree.
22. TREE REMOVAL
A. The applicant is approved to remove a total of up to 84 trees and relocate 13 trees on
site per Option A in accordance with the City Arborist's report prepared by David
Babby and dated April 30, 2008. Although the applicant is requesting approval to
remove these trees in accordance with the City Arborist's recommendation, the
intent is to retain as many of the existing perimeter street trees for the remaining life
Resolution No. 6538 ASA-2008-06 January 6, 2009
Page 8
of such trees where they are not considered dead or do not require immediate
removal.
B. The Aleppo Pine tree (Tree No. 113) shall be preserved on site.
C. For any trees that are removed due to hazardous conditions, are considered dead,or
die as a result of relocation, the applicant shall be required to replace these trees in
accordance with the City's Protected Trees Ordinance.
D. For any trees that require removal due to construction plan drawing changes and/or
construction activity, the applicant shall obtain a tree removal permit in accordance
with the Protected Trees Ordinance.
23. TREE REPLACEMENTS
Final approval of the required tree replacements shall be reviewed and approved by the
Design Review Committee in accordance with the City's Protected Trees Ordinance.
The applicant may be able to reduce the number of replacement trees on site, if larger
size trees are proposed, in accordance with the tree replacement standards of the
ordinance. For any additional trees that are removed due to hazardous conditions or are
considered dead, 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 Director.
24.TREE PROTECTION
As part of the building permit drawings, a tree protection plan shall be prepared by a
certified arborist for the trees to be retained. The applicant shall be required to install
tree protection measures before and during development in accordance with the City
Arborist's report dated April 30, 2008, and in accordance with requirements of the
Public Works Department for the preservation of existing street trees. In addition, the
following measures shall be added to the protection plan:
A. For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
B. No parking or vehicle parking shall be allowed under root zones, unless using
buffers approved by the project arborist.
C. No trenching within the critical root zone area is allowed. If trenching is needed
in the vicinity of trees to be retained, the City Arborist shall be consulted before any
trenching or root cutting beneath the dripline of the tree.
D. Tree protection conditions shall be posted on the tree protection barriers.
E. Retained trees shall be watered to maintain them in good health.
25.TREE PROTECTION BOND
The applicant shall provide a tree protection bond in an amount determined by the City
Arborist to ensure protection of trees slated for preservation prior to issuance of
grading, demolition or building permits. The bond shall be returned after completion of
construction, subject to a letter from the City Arborist indicating that the trees are in
good condition.
26.TREE REPLACEMENT IN-LIEU FEE
The applicant shall pay an in-lieu fee in accordance with the City's Protected Trees
Ordinance for any trees that cannot be replaced on site.
Resolution No. 6538 ASA-2008-06 January 6,2009
Page 9
27. HEART OF THE CITY DESIGN GUIDELINES
A. The project shall comply with the Heart of the City design guidelines in effect at the
time of project approval.
B. If any portions of the buildings on the Master Use Permit site plan do not meet the
minimum setbacks per the Heart of the City Specific or Conceptual Plan, the
applicant must either modify the building setback as part of the Architectural and
Site Approval for the building, or obtain approval of an Exception application to the
Heart of the City Specific or Conceptual Plan.
28. SOUTH VALLCO MASTER PLAN
The project shall comply with the South Vallco Master Plan. Prior to release of building
permits for Phase 1 of the project, the final boulevard plan along Vallco Parkway shall
be reviewed and approved by the City Council. The applicant shall make reasonable
efforts to contact adjacent property owners to show improvement plans including, but
not limited to the specific lighting, sidewalk furniture, and landscaping treatments to be
consistent with the vision of the South Vallco Master Plan.
29. CREEK TRAIL IMPROVEMENTS
The applicant shall contribute an amount not to exceed $65,000 to the improvements of
a trail connection along Calabazas Creek from Vallco Parkway to I-280. This
contribution shall be used by the City to administer a creek trail plan and necessary
approvals and improvements. If this fund is not used within five years of the project
completion,then it shall be returned to the applicant.
30. PARK AREA ALONG METROPOLITAN
A .4 acre park area shall be maintained along the western property line adjacent to the
Metropolitan mixed-use development. The design of the park area, including designs
for crash-resistant fencing materials adjacent to vehicular traffic areas, shall include but
not be limited to passive recreation apparatuses, such as a tot lot and sitting areas. The
Parks and Recreation Commission shall review the park design and shall refer its
recommendation to the City Council for review and approval. The green space park
buffer shall be installed prior to issuance of building occupancy permits.
31. SECURITY PLAN FOR PARKING GARAGE
The applicant shall develop a comprehensive private security plan for the entire
development encompassing patrol hours, manning levels and frequency, closed circuit
cameras in the parking garage, and adequate lighting levels. The plan shall be prepared
by the applicant and approved by the Sheriff's Department prior to final occupancy.
32. PARKING GARAGE NOISE MITIGATION
The parking garage floors shall be treated/coated with materials as deemed appropriate
by the City to lessen the noise impacts of vehicle movements.
33. RESTAURANT ODOR ABATEMENT
All restaurants shall install odor abatement systems to be incorporated into the air
handling systems to reduce the odor impact from the restaurants to the adjacent
Resolution No. 6538 ASA-2008-06 January 6, 2009
Page lo
community. Detailed plans shall be reviewed and approved by the Community
Development Department prior to issuance of building permits.
34. SCREENING
All mechanical and other equipment on the buildings and site shall be screened so they
are not visible from public street areas or adjoining developments. Screening
materials/colors shall match building features and materials. The height of the
screening shall be taller than the height of the mechanical equipment that it is designed
to screen. The location of equipment and necessary screening shall be reviewed and
approved by the Director of Community Development prior to issuance of building
permits.
35.TRASH AND DELIVERY ACTIVITIES
A. A detailed refuge and truck delivery plan must be prepared by the applicant. The
plan shall specify locations of trash facilities, refuge pick up schedules and truck
delivery schedules and routes. All trash facilities must be screened and enclosed to
the satisfaction of the Public Works Department. The final plan shall be submitted to
the City for review and approval prior to issuance of building permits.
B. All deliveries shall comply with the mitigation measures provided in the Mitigation
Monitoring and Reporting Program prepared by David J. Powers and Associates
dated January 2009.
36. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by
staff prior to issuance of building permits. Staging of construction and equipment shall
not occur within 250 feet of any residential property. The applicant shall also provide a
construction manager hotline phone number for residents of the adjacent Metropolitan
condominium complex to call for construction related activities on the project site. The
hotline number shall also be posted on the project site and at the Metropolitan
condominium complex. Said construction management plan shall also provide the
following:
A. Construction Vehicle Access and Routing
B.Construction Equipment Staging Area
C. Dust Control (Best Management Practices)
D. Hours of Operation
E.Street Cleaning Schedule and Program
37. GREEN BUILDING
The applicant shall obtain LEED Silver certification designation for the hotel, office and
senior housing buildings in accordance with the U.S. Green Building Council standards
and the City's Green Building policies. The applicant shall also design the athletic club
(if developed) and retail buildings to LEED certification standards, but will not be
required to certify these buildings as LEED certified. The applicant shall also provide
solar hot water heating for any pools provided on the project site.
Resolution No. 6538 ASA-2008-06 January 6,2009
Page 11
38. MAINTENANCE AGREEMENT
A. The applicant shall create an Improvement and Maintenance District to maintain the
sidewalks and landscaped park strips along Vallco Parkway, N. Tantau Avenue and
Stevens Creek Boulevard directly adjacent to the subject project site. Said district
shall be part of the Covenants, Codes and Restrictions of the project and shall be
reviewed and approved by the City Attorney prior to approval of the final map.
B. The applicant shall record a maintenance agreement subject to the approval of the
City Attorney for the maintenance of the shared driveways by the property owners
of each of the lots.
39. TRANSPORTATION DEMAND MANAGEMENT
The applicant shall commit to implementing a transportation demand management
(TDM) plan incorporating solutions as indicated in the Mitigation Monitoring and
Reporting (MMR) Program prepared by David J. Powers and Associates dated January
2009 that may include parking cash-out and eco passes for employees, valet for
customers and off-site parking options. The TDM plan including the projected funding
shall be reviewed and approved by the Design Review Committee prior to issuance of
building permits.
40. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible subject to the Building Official. The applicant shall provide evidence that
materials will be recycled prior to issuance of final demolition permits.
41. 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.
42.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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
43. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
44. CURB AND GUTTER IMPROVEMENTS
Resolution No. 6538 ASA-2008-06 January 6, 2009
Page 12
Curbs and gutters,sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
45. 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.
46. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
47. 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.
48. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre-
and post-development hydraulic calculations must be provided to indicate whether
additional storm water control measures are to be constructed or renovated. The storm
drain system may include,but is not limited to,subsurface storage of peak stormwater
flows (as needed),bioretention basins,vegetated swales,and hydrodynamic separators
to reduce the amount of runoff of the site and improve water quality. The storm drain
system shall be designed to detain water on-site (e.g.,via buried pipes) as necessary to
avoid an increase of one percent flood water surface elevation of the culvert to the
satisfaction of the City Engineer.
49. 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.
50. 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: $ 6% of Off-Site Improvement Cost or $3,847.00
minimum
b. Grading Permit: $6% of Site Improvement Cost or$2,239.00 minimum
Resolution No. 6538 ASA-2008-06 January 6,2009
Page 13
c. Development Maintenance Deposit: $2,000.00
d.Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: $3,638.00
g. Park Fees: N/A
h.Street Tree 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.
51. 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.
52. 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.
53. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with California Water Services Company for
water service to the subject development.
54. NPDES CONSTRUCTION GENERAL PERMIT
The developer 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.
55. C.3 REQUIREMENTS
The developer shall reserve a minimum of 4% of developable surface area for the
placement of storm water treatment facilities on the tentative map,unless an alternative
storm water treatment plan to satisfy c.3 requirements is approved by the City Engineer.
The developer must include the use and maintenance of site design, source control and
storm water treatment Best Management Practices (BMPs), which must be designed per
Resolution No. 6538 ASA-2008-06 January 6, 2009
Page 14
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 BMPs
are required.
56. 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.
57. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
58. TRAFFIC SIGNAL IMPROVEMENTS
The developer shall agree to fund up to $250,000 for the purpose of installing a traffic
signal at Finch Avenue and Vallco Parkway. The developer shall submit a bond for this
purpose which will be released 5 years from the date of project occupancy.
59. TRAFFIC MITIGATION AT WOLFE ROAD AND VALLCO PARKWAY
The developer shall mitigate for traffic impacts at Vallco Parkway and Wolfe Road by
implementing one of the options stated in the Environmental Impact Report for Main
Street Cupertino per the approval of the City Engineer.
60. TRAFFIC MITIGATION AT HOMESTEAD ROAD AND LAWRENCE EXPRESSWAY
The developer shall agree to submit their fair-share cost of up to $334,100 to improve
Homestead Road at Lawrence Expressway according to the direction of the City
Engineer. The fair-share contribution to the County will be dependent on the amount of
traffic generated by the approved Plan. In the event that a Plan is approved that has
reduced traffic impacts, the same formula would be used (calculating the percentage of
traffic the project is adding to total growth between background and cumulative
conditions). The cost shall be submitted to the County of Santa Clara in the form of a
bond or cash deposit prior to the City issuing building permits, with the proviso that the
funds be committed to this specific improvement in accordance of section 66000 et. seq. of
the California Government Code.
61. PEDESTRIAN CROSSWALKS
The developer shall provide pedestrian crosswalk improvements at Finch Avenue and at
the project's eastern driveway. Final crosswalk improvement plan shall be reviewed and
approved by the City Engineer.
62. BUS STOP LOCATION
The developer shall improve bus stops on Stevens Creek Boulevard to the satisfaction of
the City Engineer; this may include consistent shelters for the bus stops, but will not
include duck outs or relocation of the bus stops.
Resolution No. 6538 ASA-2008-06 January 6, 2009
Page 15
63. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be
approved by the City. The plan shall include a temporary traffic control plan for work in
the right of way as well as a routing plan for all vehicles used during construction. All
traffic control signs must be reviewed and approved by the City prior to commencement
of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD)
standards for all signage and striping work throughout the City.
64. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
65. TRAFFIC CALMING
The developer shall agree to fund up to$100,000 for the purpose of mitigating traffic
impacts in the adjacent neighborhoods resulting from the project for a period of 5 years
following project occupancy. The developer shall submit a bond for this purpose which
will be released 5 years from the date of project occupancy.
66. BICYCLE PARKING
The developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
67. OPERATIONS &MAINTENANCE AGREEMENT
The developer shall enter into an Operations&Maintenance Agreement with the City
prior to final occupancy. The Agreement shall include the operation and maintenance for
non-standard appurtenances in the public road right-of-way that may include,but is not
limited to,sidewalk,pavers,and street lights.
68. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager. Clearance by the Public Works Department is needed prior to
obtaining a building permit.
69. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in
regards to refuse truck access for the proposed development.
70. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type
approved by the City in accordance with Ordinance No. 125.
71. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
72. SANTA CLARA WATER DISTRICT CLEARANCE
Provide Santa Clara water district approval before recordation of the final map. The
developer shall pay for and obtain Water District permit for activities or modifications
within the District easement or fee right of way or affecting District facilities.
Resolution No. 6538 ASA-2008-06 January 6, 2009
Page 16
73. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
74. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits.
75. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E,
PacBell,and California Water Company,and/or equivalent agencies) will be required
prior to issuance of building permits.
76. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval before recordation of the final map.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. Of this
resolution conform to generally accepted engineering practices
�� � � ��S
Ralph Qualls,Director of Public Work
City Engineer CA License 22046
PASSED AND ADOPTED this 6th day of January 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS:Chair Miller,Vice Chair Giefer,Brophy,Rose,Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS:none
ATTES . APPROVED: �
�...
Ste Piasecki,Director M iller,Chair
Community Development Department Planning Commission
G:�Planning�PDREPORT�RES�2008�ASA-2008-06 res.doc