Reso 6684 M-2011-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6684
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION TO A MASTER USE PERMIT (U-2008-01),
ARCHITECTURAL AND SITE APPROVAL (ASA-2008-06) AND TREE REMOVAL APPLICATION (TR-
2008-08) TO CONSTRUCT A MIXED USE DEVELOPMENT CONSISTING OF A HOTEL OF UP TO 250
ROOMS; 138,700 SQUARE FEET OF RETAIL/ATHLETIC CLUB SPACE, A 0.8-ACRE TOWN SQUARE,
UP TO 289,750 SQUARE FEET OF OFFICE SPACE; 143 SENIOR AGE-RESTRICTED CONDOMINIUM
UNITS, A 3- AND 4- LEVELPARKING GARAGE, A 0.75 ACRE PARK; REMOVE 61 TREES AND
RELOCATE 17 TREES; AND MODIFY THE MASTER ARCHITECTURAL AND SITE PLAN TO
REFLECT THE MODIFIED MASTER USE PERMIT ON A 17.4 ACRE SITE LOCATED NORTH OF
STEVENS CREEK BOULEVARD BETWEEN FINCH AVENUE (INCLUDING BOTH SIDES OF FINCH
AVENUE) AND N. TANTAU AVENUE,SOUTH OF VALLCO PARKWAY IDENTIFIED BY APNS 316-
20-085,316-20-078 AND 316-20-079
SECTION I: PROTECT DESCRIPTION
Application No.: M-2011-09
Applicant: Kevin Dare
Property Owner: 500 Forbes, LLC
Location: North of Stevens Creek Boulevard between Finch Avenue (including the both
sides of Finch Avenue) and N. Tantau Avenue, south of Vallco Parkway
(APNs 316-20-085,316-20-078 AND 316-20-079)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received applications for a Modification
to a Master Use Permit, Architectural and Site Approval and Tree Removal Permit, as described in
Section I 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, an Addendum to the 2009 Final Environmental Impact Report was prepared to adequately
address the environmental review of the proposed applications in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed project and 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
ResoluHon No.6684 M-2011-09 March 27,2012
2) The proposed project and use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan, the purpose of the Conditional Use Permits Chapter of
the Cupertino Municipal Code, and complies with the California Environmental Quality Act
(CEQA); and
3) The proposed project and use is consistent with the zoning regulations and the South Vallco
Special Center and South Vallco Master Plan; and
4) The proposed project and use is consistent with the Heart of the City Specific Plan.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for a Modification to the Master Use Permit, Architectural and Site Approval and
Tree Removal Permit, is hereby recommended for approval, 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. M-2011-09 as set forth in the
Minutes of the Planning Commission Meeting of March 27, 2012, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Main Street Cupertino, Sand Hill Property Company,
Cupertino, California" consisting of 98 pages, dated March 2012, labeled Title Sheet, AO through
A14, A2.0 through A2.19, H-01 through H-03, C0.0 through C6.5, and L2.1 through L2.10, except
as may be amended by the conditions contained in this resolution.
2. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but
not limited to property boundary locations, building setbacks, property size, building square
footage, any relevant easements and/or construction records. Any misrepresentation of any
property data may invalidate this approval and may require additional review.
3. DEVELOPMENT APPROVAL
Approval of a Modification to the Master Use Permit is granted for a period of five (5) years from
the date of the Modification approval to allow the construction of a hotel of up to 250 rooms;
138,700 square feet of retail/athletic club space; a 0.8 acre town square; up to 289,750 square feet
of office space; 143 senior age-restricted condominium units; 0.75 acre park, and 3- and 4-level
50-foot high parking garage; and require the ground floor of the office buildings and senior
housing building to accommodate retail components in each building.
Market-rate housin� was removed from all alternate options by the applicant and is no lon�er
part of the development a�proval Therefore, market-rate housin� may not be considered in lieu
of the senior housin� component and Schemes 2A and Schemes 2B are not part of the
development a�proval.
With the exception of the residential units and office square feet, all other uses are subject to
further refinement based on the final approved tenanting and land use plan, provided that there
Resolution No.6684 M-2011-09 March 27,2012
are no additional traffic and parking impacts as determined by the Community Development
Director.
Uses Develo ment A roval
Senior Housin 143 a e-restricted condominiums units
Hotel 5-stories,u to 250 rooms
Athletic 60,000 square feet athletic club or 60,000 square feet of retail
Club/Additional
Retail Sho s
Parking Garage 1,059 spaces-4-stories above ground and one level underground.
retail
Parking Garage 328 spaces - 3 levels and one level underground.
office
Retail Up to 138,700 square feet (with no athletic club, the additional retail
option (Scheme 1C) and conversion of 9,000 sf along Vallco Parkway
street fronta e to future additional retail sho area
Office 289,750 s uare feet
Publicly 1.55 acres of town square and park area
Accessible Open
Space (Town
S uare and Park
4. OFFICE DEVELOPMENT ALLOCATION FOR THE OFFICE BUILDINGS
Prior to issuance of any building permit(s) for the office buildings, the applicant shall
demonstrate to the satisfaction of the Community Development Director that any tenant of any
of the office buildings shall meet the requirement of Strategy 3 (Major Companies) of Policy 2-20
(Diversity of Land Use) of the Cupertino General Plan which states that "(n)ew office
development must demonstrate that the development positively contributes to the fiscal well
being of the City." Compliance with this condition shall be a requirement for initial building
permit issuance and validity of a Certificate of Occupancy.
5. HOTEL OPERATIONS
The hotel shall be permitted to operate as a 24-hour late night business operation and shall
provide a minimum 6,500 square foot restaurant and meeting space area on the ground floor of
the hotel along the Town Square. Any additional or revised uses for the hotel will be reviewed at
the time specific business operation information is provided about these uses to determine if they
are permitted and will require a separate Use Permit application.
(Note: This modifies the Condition No. 5 in the approval dated January 20, 2009) to replace the
requirement for a 400-person banquet facility with a 6,500 square foot restaurant and meeting
space.
6. SENIOR HOUSING REQUIREMENTS
Prior to issuance of building permits, a covenant, approved by the City Attorney, shall be
required to ensure that the senior housing remains as age-restricted housing for seniors.
7. MAXIMUM PERCENTAGE OF RESTAURANTS
The maximum square footage of restaurant use (or any food-related uses with similar parking
demand) permitted within the retail space of the mixed-use development shall not be more than
10% based on the approved development scheme(s) and retail space square footage for the
Resolution No.6684 M-2011-09 March 27,2012
project, in accordance with the traffic analysis dated February 23, 2012 and parking analysis
dated March 2, 2012, performed by Fehr and Peers. Any future refinements to the restaurant
percentage may be approved by the Director of Community Development if a subsequent
parking and traffic analysis indicates that there is adequate parking for the various mixtures of
uses and there are no additional significant traffic impacts compared to thresholds studied in the
origina12009 Environmental Impact Report.
8. TENTATIVE MAP
Approval of a Tentative Map is granted to subdivide the property from three parcels into seven
parcels and subdivide Lot 2 into 143 senior age-restricted condominium units and one
condominium for a parking garage per Pages C0.0 through C6.5. The hotel/retail parking parcel
shall be used solely for parking for the hotel and retail use. The parcel shall not be sold
separately from either the hotel or retail parcel. These restrictions shall be included within the
C.C. &R's.
9. VACATION OF FINCH AVENUE
Finch Avenue shall be vacated upon approval by the City Council in accordance with the City's
procedure to vacate a public street.
10. 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. These reciprocal ingress and egress easements between each
lot and between adjacent properties to the west shall also be recorded on the Final Map. The
easement language shall be reviewed and approved by the City Attorney and the Director of
Public Works. The covenant of easement shall be recorded prior to final map approval.
11. PUBLIC PEDESTRIAN EASEMENT
Public access pedestrian easements through the interior sidewalks, pedestrian paths and plazas,
the town square, and park area shall be required and recorded on the final map as noted in the
tentative map plans C0.0 - C6.5. The easement language shall be reviewed and approved by the
City Attorney and Director of Public Works prior to recordation of the easement on the project
site with the final map approval.The final map will include Public Pedestrian Easements, though
the CC&R's will include additional restrictions/guidelines on the usage of the Public Pedestrian
Easements.
12. 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 CC&Rs shall incorporate requirements pertaining to the public
access easements, reciprocal ingress/egress easements, public pedestrian easements, shared
parking, maintenance and operation of common areas including but not limited to public access
to the park and Town Square, and joint use agreement for the town square and park. The
conditions of approval for the project shall also be recorded on the properties and incorporated
into the CC&Rs. No changes may be made to the CC&Rs without the City Attorney's review and
approval.
Resolution No.6684 M-2011-09 March 27,2012
13. TOINT 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 by reference into the Covenants,
Conditions and Restrictions (CC&Rs) of the project site. The Joint Use Agreement shall include
provisions for maintenance of the park and town square.
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 require available publicly identifiable restroom
facilities for public use during normal business hours. No structures will be constructed on the
town square area without the prior approval of the City of Cupertino, other than the retail pad
structure(s) approved in accordance with the Master Use Permit. The programming provisions
of the joint use agreement shall be administered between the applicant and the Parks and
Recreation Department and the document approved by the City Attorney. The park shall be
constructed prior to issuance of a Certificate of Occupancy for any structure on the entire project.
14. MAINTENANCE AGREEMENT
A. The applicant shall create an Improvement and Maintenance District to maintain the park,
town square, sidewalks, 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.
15. 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 ground floor retail shall
be connected to the building and be of substantial and appropriate size to accommodate the
functionality of retail uses. The building frontages of all buildings facing the town square, except
for the athletic club and hotel shall have ground floor retail. However, the athletic club and hotel
must provide active ground floor uses facing the town square.
16. DISCLOSURE CLAUSE TO THE FUTURE PROPERTY OWNERS
The applicant/developer shall inform the future owners through the Covenants, Conditions and
Restrictions (CC&Rs) as well as other documentation of the surrounding projects and that the
development site is under a Cupertino Planned Development zoning. Property purchaser shall
check with the City to determine the specific restrictions under the Planned Development zone
and related permits. The CC&R language incorporating this requirement shall be reviewed and
approved by the City prior to issuance of building permits.
Resolution No.6684 M-2011-09 March 27,2012
17. BELOW MARKET RATE HOUSING PROGRAM
For residential units, the applicant shall comply with the requirements in the City's Below
Market Rate (BMR) Housing program. For alternatives to these requirements, the applicant may
request the Housing Commission to recommend alternatives to the City Council to meet these
requirements. For dedication of any 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. BMR fees
shall be paid prior to issuance of building permits.
18. HOUSING MITIGATION FEES
Prior to issuance of building permits, the applicant shall provide the required housing mitigation
fees for the commercial,office and hotel development on the project site.
19. MAXIMUM LENGTH OF HOTEL STAYS
Hotel stays shall be limited to a maximum of 30 days per reservation.
20. ADDENDUM TO THE PREVIOUSLY-APPROVED EIR AND THE MITIGATION
MONITORING AND REPORTING PROGRAM
The project shall implement all of the mitigation measures identified in the Mitigation
Monitoring and Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final
EIR and as modified by the 2012 Addendum to the Final EIR.
21. DEVELOPMENT ALLOCATION
Use 2009 Master Use 2012 Modified Master Use 2012 Modified Master Use Permit
Permit Permit Additional Allocations Needed
Allocations (Scheme 1A)
Granted
Retail Up to 150,000 sf Up to 138,700 square No additional allocation is needed
from the Vallco Any credits can be done
Park South retail after Council approval.
commercial
allocation
Office 100,000 sf from 289,750 sf 189,750 sf additional from the
the N. De Anza Major Companies allocation
Boulevard office pursuant to Condition No. 4
allocation
Hotel Up to 250 rooms Up to 250 rooms No additional allocation needed
from the
Citywide Hotel
allocation
I Senior 160 units from 143 senior condominium No additional allocation needed
Housing the Vallco Park housing units for the143 senior housing units
South
residential
allocation
Athletic 145,000 sf 60,000 sf (included in the No additional allocation needed.
club (equivalent of retail calculation above).
98,800 sf of
retail
Resolution No.6684 M-2011-09 March 27,2012
commercial
allocation.
81,270 sf from
Vallco Park
South allocation
and 17,530 sf
from Heart of
the City
allocation
The applicant shall receive an allocation of up to 138,700 square feet of retail commercial square
footage from the Vallco Park South retail commercial allocation area; up to 60,000 square feet of
commercial for the athletic club and/or retail commercial square footage from the Vallco Park
South and Heart of the City retail commercial allocation areas; 143 senior age-restricted
condominium housing units from the Vallco Park South residential allocation; up to 250 hotel
rooms from the Citywide Hotel allocation; and 289,750 square feet for major office.
22. CONSTRUCTION PROTECT PHASING
Prior to issuance of grading and/or building permits, 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, the iwo office buildings, the parking garage, the hotel, retail shops 1-7 and
retail pads 1-3 fronting Stevens Creek Boulevard and in town square, 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.
B. The .75 acre park, senior housing building, retail shop 8 and the 60,000 square foot athletic
club and/or additional retail shop area will be developed in Phase II. The park, however,
may be developed as part of Phase I. If the park is not developed as part of Phase I, the
applicant will be required to provide a security deposit in the amount of$1.125 million (prior
to the occupancy of the last building developed in Phase I).
C. Adequate parking shall be provided on the project site during the 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.
23. GRADING AND CONSTRUCTION HOURS
All grading activities shall be limited to the dry season (April 15 to October 15). Grading hours
shall be limited to Monday through Friday, 7 a.m. to 8 p.m. Grading, street construction,
demolition or underground utility work shall not occur on Saturdays,Sundays and holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code.
Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday
and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays. The developer
shall be responsible for educating all contractors and subcontractors of said construction
restrictions. Rules and regulation pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of a developer appointed
disturbance coordinator, shall be posted in a prominent location at the entrance to the job site.
The applicant shall comply with the above grading and construction hour requirements unless
Resolution No.6684 M-2011-09 March 27,2012
otherwise indicated in the mitigation measures identified in the Mitigation Monitoring and
Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final EIR and as
modified by the 2012 Addendum to the Final EIR.
24. PARKING
The applicant shall comply with the minimum parking requirements for the project per the Main
Street Cupertino Revised Site Access and Parking Analysis prepared by Fehr and Peers on March
2, 2012. The applicant shall also comply with the swales and permeable surfaces requirement) of
the City's Parking Regulations. Adjustments to the parking plan may be permitted based on the
final approved tenanting and land use program as long as there are no additional parking and
traffic impacts as determined by the Director of Community Development.
25. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in accordance
with the City's Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code.
26. 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.
27. BUILDING PERMIT APPROVAL
The Director of Community Development shall review the final building permits for full
conformance with the Master Use Permit approval and the Architeciural and Site Approval for
each building prior to issuance of building permits for each building.
28. SIDEWALKS/CROSSWALKS
A. The final sidewalk/street frontage plan shall be required to be reviewed and approved by the
City prior to the final map, and shall match the guidelines of the South Vallco Master Plan
and be consistent with the sidewalk/street frontage plan for the adjacent Rosebowl mixed
use development.
B. The applicant shall provide decorative crosswalks with colored and/or stamped asphalt
pavement 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.
29. 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 in accordance with the City's Sign Ordinance.
30. ARCHITECTURAL AND SITE APPROVAL
A. The buildings, site development and architecture shall substantially conform to the site plan,
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 a
separate Architectural and Site Approval application for each of the buildings by the Design
Review Committee; each Architectural and Site Approval application shall provide a detailed
site plan, full elevations (all four sides), floor plans and any other details as required for
Resolution No.6684 M-2011-09 March 27,2012
Architectural and Site Approval applications. Building colors and materials shall be reviewed
and approved in conjunction with the Architectural and Site Approval. Minor amendments
to approved Architectural and Site Approvals for buildings and/or the site plan, including
minor changes to the layout of the site plan, may be reviewed and approved by the Director
of Community Development.
B. The applicant shall provide the following additional modifications and enhancements to the
plan prior to issuance of building permits (including recommendations referenced by the
City's Architectural Advisor on February 20, 2012 in Attachment 11 & 16 or as amended by
the Planning Commission):
Town Square
1. The town square area shall be designed as a "flexible" public space that may be expanded
or shifted by the temporary closure of one or more of the surrounding publicly accessible
streets.
2. In order to allow for a seamless expansion or shifting of the future pedestrian activities,
the town square area will be developed to be flush with the grade of the surrounding
street system. The Director of Community Development may approve other similar
details deemed to be consistent with the intent of this condition.
3. The applicant shall provide decorative semi-pervious pavements or similar treatments in
the town square and plaza areas to the satisfaction of the Director of Community
Development.
4. Parking on the circular street system shall be delineated by decorative semi-pervious
paving or other similar treatments as deemed to be appropriate by the Director of
Community Development.
5. Final design and landscape of the town square area shall be reviewed and approved by
the Director of Community Development.
6. Temporary closure of any portion of the private drive streets, including methods used to
temporarily close the street(s),will require approval from the Director of Public Works.
Office Buildin�s
Architectural enhancements to the building shall be incorporated including the following:
a. Enhance tower entry features with details and design features (particularly the central
tower entry facing Stevens Creek Boulevard) and project the towers out and upward
from the main bulk of the building.
b. Provide prominent architectural design enhancements to emphasize the importance
of this corner as the eastern gateway entry to the City, including identifiable street
frontage public entrances along Stevens Creek Boulevard and N. Tantau Avenue,
glass store fronts and corner site features.
c. Provide horizontal elements to the building design to reduce the verticality of the
building frontages along Stevens Creek Boulevard and N. Tantau Avenue.
d. Provide deep recessed windows.
e. Unify the variety of building forms with more closely related and toned down color
tones.
f. Add ground floor space as an "arcade-like" element along Stevens Creek Boulevard
and around the corners at the easterly Main Street drive entry and a N. Tantau.
Resolurion No.6684 M-2011-09 March 27,2012
Hotel
1. Provide additional variation in height and wall articulations, such as larger roof eave
overhangs with additional fa�ade depth and architectural detail and variety in roof eave
heights,to minimize the verticality,bulk and box-like shape of the building.
2. Enhance architectural detailing on the building that is in scale with the building.
3. Provide deep recessed windows to provide depth to the building fa�ade.
4. Increase the horizontal elements of the fa�ade.
5. Add patio space (seating) at the corner of Vallco Parkway and Finch Avenue to enliven
the streetscape and entry to the site.
6. Provide additional architectural pedestrian-scale detailing of the ground floor treatment
of the building, including along town square, Vallco Parkway, and the pedestrian area
leading to the garage.
7. Tone down the contrast in exterior colors and provide colors that will complement the
colors used within the development.
8. Provide an outdoor dining terrace along the frontages of the restaurant facing town
square.
Retail Buildin�s
1. Revise the architectural design of the retail pad building(s) in town square from an
agrarian look to a park pavilion/kiosk style architecture with greater storefront glazing
and sophistication.
2. Provide active storefront pedestrian entries on all retail shops facing Stevens Creek
Boulevard.
Auto Court/Parkin�Garage
1. Provide flexibility by allowing the applicant to explore an alternate plan for an
underground parking garage for the office buildings and construct a street-level auto
court/plaza facing Vallco Parkway, or other alternate plans that would allow for
additional retail along the Stevens Creek frontage.
2. The parking garage shall be designed and constructed to allow for the option of
facilitating up to 9,000 square feet of retail spaces with store front windows along Vallco
Parkway. Alternatively, the applicant may locate the 9,000 square foot of retail along the
southern end of the parking garage facing the interior driveway and the retail pads along
Stevens Greek Boulevard.
3. The parking garage shall provide architeciural details and provide features along the
ground floor facing Vallco Parkway to promote pedestrian orientation along the street.
Athletic Club
1. The final design and layout of the athletic club shall provide an appropriate amount of
building frontage and features to activate the pedestrian activities along the town square
as opposed to swimming pool or open yard.
Street Furniture
The applicant shall provide street furniture and pedestrian amenities 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.6684 M-2011-09 March 27,2012
31. 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 struciural 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.
32. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved
by the Director of Community Development prior to issuance of building permits for the
building, portion of development, and/or phase of development for which building permit
applications have been submitted. The landscape plan shall provide the following prior to
issuance of building permits:
A. Water conservation and pesticide reduction measures and requirements in conformance with
Chapter 14.15, Landscape Ordinance, and the pesticide control measures referenced in
Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino
Municipal Code.
B. A full landscape project submittal per section 14.15.040 of the Landscaping Ordinance. The
Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation
Design Plans, and Water Budget Calculations shall be reviewed and approved to the
satisfaction of the Director of Community Development prior to issuance of building permits.
C. Landscaping along Stevens Creek Boulevard and N. Tantau Avenue in accordance with the
streetscape design requirements of the Heart of the City Specific Plan.
D. Planting of two specimen oak trees flanking the driveway entrances to the development
along Stevens Creek Boulevard as replacements for the removal of the existing dead
specimen oak tree.
E. Existing and Ash trees along Vallco Parkway shall be retained to the maximum possible as
determined by the City Arborist.
33. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter
14.15). A landscape installation audit shall be conducted by a certified landscape professional
after the landscaping and irrigation system have been installed. The findings of the assessment
shall be consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that
the landscaping and irrigation system are installed as specified in the landscape and irrigation
design plan, system tune-up, system test with distribution uniformity, reporting overspray or
run-off that causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: The landscape and
„
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
Resolution No.6684 M-2011-09 March 27,2012
34. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established
and submitted to the Director of Community Development or his/her designee, either with the
landscape application package, with the landscape installation report, or any time before the
landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period
and water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control;
and removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be
size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants
shall either be replaced or be revived through appropriate adjustments in water, nutrients,
pest control or other factors as recommended by a landscaping professional.
35. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture,
infiltration rate, pH, soluble salt content, percent organic matter, etc) and provide
recommendations for amendments as appropriate to optimize the productivity and water
efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing the landscape and
irrigation design plans in a timely manner either before or during the design process. A copy of
the soils analysis report shall be submitted to the Director of Community Development as part of
the landscape documentation package.
36. LANDSCAPE AND IRRIGATION MAINTENANCE AGREEMENT
Prior to final inspections and final occupancy, the owner(s) of the property shall enter into a
formal written landscape maintenance agreement with the City. The City shall record this
agreement, against the property or properties involved, with the County of Santa Clara
Recorder's Office and it shall be binding on all subsequent owners of land served by the
proposed landscape. The landscape maintenance agreement shall require that modifications and
maintenance activities not alter the level of water efficiency of the landscape from its original
design, unless approved by the City prior to the commencement of the proposed modification or
maintenance activity.
37. TREE REMOVAL
A. The applicant is approved to remove a total of 61 trees and relocate 17 trees on site 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 of such trees where they are not considered dead or do not
require immediate removal.
B. The applicant shall be required to replace the Aleppo Pine tree (Tree No. 113) that was
removed in accordance with the City's Protected Trees Ordinance (Chapter 14.18 of the
Cupertino Municipal Code).
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 obtain a tree removal permit and
replace these trees in accordance with the City's Protected Trees Ordinance.
Resolution No.6684 M-2011-09 March 27,2012
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.
E. The Director of Community Development may review and approve further refinements to
the tree removal and planting plan based on the approved final land use program for the
center provided that there are no significant environmental or visual impacts.
38. TREE REPLACEMENTS
Final approval of the required tree replacements shall be reviewed and approved by the Director
of Community Development 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 obtain a tree removal permit and 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.
39. 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.
40. 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.
41. 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.
42. HEART OF THE CIT'Y DESIGN GUIDELINES
A. The project shall comply with the Heart of the City Specific Plan development standards and
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 Plan, the applicant must either modify the building
setback or obtain approval of an Exception application to the Heart of the City Specific Plan.
Resolution No.6684 M-2011-09 March 27,2012
43. 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 Director of Community Development. 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.
44. 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.
45. PARK AREA ALONG METROPOLITAN
A 0.75 acre park area shall be maintained along the western property line adjacent to the
Metropolitan mixed-use development. The location of the park and senior housing shall be
flipped to allow the park to be more internally located within the development and the senior
housing to more closely face Stevens Creek Boulevard. Additionally, a retail building shall front
Stevens Creek Boulevard in front of the senior housing with surface parking between. The
design of the park area, shall include but not be limited to passive recreation apparatuses, such
as a tot lot and sitting areas. The Parks and Recreation Coirunission shall review the park design
and shall refer its recommendation to the City Council for review and approval. The linear green
space park buffer parallel to the eastern property line of the Metropolitan mixed use
development shall be installed prior to issuance of building occupancy of any building
constructed adjacent to this property line.
46. 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.
47. 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.
48. 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 community. Detailed
plans shall be reviewed and approved by the Community Development Department prior to
issuance of building permits.
49. 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
Resolution No.6684 M-2011-09 March 27,2012
necessary screening shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits.
50. TRASH AND DELIVERY ACTIVITIES
C. 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.
D. 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, except as may be modified by the 2012 Addendum to the Final Environmental
Impact Report (EIR).
51. CONSTRUCTION MANAGEMENT MEETING
Prior to commencement of construction activities, the applicant shall arrange for a pre-
construction meeting with the pertinent departments (Building, Planning, and Public Works) to
review the applicant-prepared construction management plan.
52. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior
to issuance of building permits. During Phase 1 and 2 of the construction, staging of construction
and equipment shall occur as far away from any residential property as possible. 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
53. DUST CONTROL
The following construction practices shall be implemented during all phases of construction for
the proposed project to prevent visible dust emissions from leaving the site:
a) Water all active construction areas at least twice daily and more often during windy periods
to prevent visible dust from leaving the site; active areas adjacent to windy periods; active
areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with
non-toxic stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand and other loose materials or require all trucks to maintain
at least 2 feet of freeboard;
c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction site.
d) Sweep streets daily, or more often if necessary (with water sweepers) if visible soil material is
carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best management practices into the
building permit plan set.
Resolution No.6684 M-2011-09 March 27,2012
f) The applicant shall comply with the above dust control requirements unless otherwise
indicated in the mitigation measures identified in the Mitigation Monitoring and Reporting
Program (MMRP) dated March 2012 as identified in the 2009 Final EIR and as modified by
the 2012 Addendum to the Final EIR.
54. NOISE MITIGATION
The project and retail operations shall comply with the City's Community Noise Control
Ordinance (Chapter 10.48 of the CMC), unless otherwise indicated in the mitigation measures
identified in the Mitigation Monitoring and Reporting Program (MMRP) dated March 2012 as
identified in the 2009 Final EIR and as modified by the 2012 Addendum to the Final EIR. In
addition, the following mitigation measures shall be taken in order to reduce noise event impacts
to nearby receptor areas:
a) Delivery trucks shall be turned off while unloading products at the loading dock.
b) Construction equipment shall be have quiet design features, be well-maintained, and have a
high quality muffler system.
c) Temporary plywood enclosures shall be erected around stationary equipment that produces
excessive noise at nearby receptors.
d) Unnecessary idling of machines when not in use shall be prohibited.
e) Good maintenance and lubrication procedures shall be used to reduce operating noise.
55. GREEN BUILDING
The applicant shall obtain LEED 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.
56. TRANSPORTATION DEMAND MANAGEMENT
The applicant shall commit to implementing a transportation demand management (TDM) plan
incorporating solutions as indicated in the mitigation measures identified in the Mitigation
Monitoring and Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final
EIR and as modified by the 2012 Addendum to the Final EIR, 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 Director of Community
Development Director prior to issuance of building permits.
57. UTILITY STRUCTURES
All new utility structures shall be located underground or screened from public view to the
satisfaction of the Director of Community Development and Public Works.
58. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible
subject to the Building Official and shall meet the mandatory requirements of the Cal Green
Building Code. The applicant shall provide evidence that materials will be recycled prior to
issuance of final demolition permits.
Resolution No.6684 M-2011-09 March 27,2012
59. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to
the proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
60. 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.
61. PUBLIC ART
The applicant shall provide public art in accordance with General Plan policy 2- 66. Public art
shall be installed on the project site prior to final occupancy of the last building completed in the
first phase. The public art shall be valued at a minimum of one-quarter percent (1/4%) of the
total project budget,not to exceed$100,000. The applicant shall submit a public art plan to be
reviewed by the Fine Arts Commission prior to installation of the public art.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
These conditions are not intended to be exhaustive. Additional conditions ma�need to be addressed, prior to
issuance of a building permit, based on potential modifications to the site's usage and/or la�out.
62. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
63. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer.
64. 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.
65. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
66. 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.
Resolution No.6684 M-2011-09 March 27,2012
67. 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), low impact
development facilities, or other approved means, to reduce the amount of runoff from the site
and to improve storm water quality. The storm drain system shall be designed to detain water
on-site (e.g., via buried pipes or storage structures) as necessary to avoid an increase of one
percent flood water surface elevation of the culvert to the satisfaction of the City Engineer. Any
storm water overflows or surface sheeting should be directed away from neighboring private
properties and to the public right of way as much as reasonably possible. Hydro-modification
measures may be required as directed by the Municipal Regional Permit.
68. 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.
69. 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
$4,101.00 minimum
b. Grading Permit: 6% of Site Improvement Cost or
$2,387.00 minimum
c. Development Maintenance Deposit: $3,000.00
d. Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: $8,052.00
g. Park Fees: $per Municipal Code
(or an equivalent park land dedication)
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor &Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
-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
Resolution No.6684 M-2011-09 March 27,2012
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.
70. 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.
71. 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.
72. 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.
73. 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.
74. C.3 RE UIREMENTS
The developer shall reserve a minimum of 4% of developable surface area for the placement of
low impact development measures, for storm water treatment, on the tentative map, unless an
alternative storm water treatment plan, that satisfies 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 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 each required.
All storm water management plans are required to obtain certification from a City approved
third party reviewer.
75. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture
trash from the onsite storm drain before the storm water reaches the City owned storm drain
system. A full capture system or device is a single device or series of devices that traps all
particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the
peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area (see the
Municipal Regional Permit section C.10 for further information/requirements).
Resolution No.6684 M-2011-09 March 27,2012
76. 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.
77. 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.
78. TRAFFIC SIGNAL IMPROVEMENTS
The developer shall agree to fund up to $300,000 for the purpose of installing a traffic signal at
Finch Avenue and Vallco Parkway as well as for making traffic signal improvements at the
Stevens Creek Boulevard and Tantau Ave intersection. The developer shall also submit a bond
for this purpose which will be released 5 years from the date of project occupancy.
79. 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.
80. TRAFFIC MITIGATION AT HOMESTEAD ROAD &LAWRENCE EXPRESSWAY
The developer shall agree to submit their fair-share cost of up to $400,000 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.
81. PUBLIC ACCESS EASEMENT
The Developer shall provide, to the satisfaction of the City Engineer, a public access easement
across the site, over the park and over the town center. The easement shall link Stevens Creek
Boulevard with Vallco Parkway, the park and the town center. Public access easements shall
include access for both vehicular and pedestrian travel, and shall be shown and recorded on the
Final Map. Public access areas may not be closed off without the consent and approval of the
Public Works Department, and shall be governed by the Joint Use Agreement recorded within
the project's Covenants,Conditions and Restrictions (CC&R's).
82. PEDESTRIAN IMPROVEMENTS
The developer shall provide pedestrian improvements along the property frontage, including
crosswalk improvements at adjoining intersections. Final crosswalk improvement plan shall be
reviewed and approved by the City Engineer.
83. 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.6684 M-2011-09 March 27,2012
84. 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.
85. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
86. 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.
87. EMERGENCY VEHICLE PREEMP'I'ION FUND
The Developer is required to pay $15,000.00 to fund three Emergency Vehicle Preemption
devices for traffic signals at the adjacent intersections.
88. BICYCLE PARKING �
The developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
89. 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.
90. 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.
91. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
92. 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.
, , .. .
93. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
Resolution No.6684 M-2011-09 March 27,2012
94. 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. .
95. STREAMSIDE PERMIT
Prior to issuance of a building permit, the developer shall provide plans and information that
satisfies the requirements of the Stream Side Permit as set forth by the Santa Clara Valley Water
Resources Protection Collaborative. These items include, but are not limited to, topographic
survey, specific measures to protect streams and/or waterbodies from water quality impacts,
coordination with all interested jurisdictional agencies, etc.
96. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
97. 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.
98. 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.
99. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval before recordation of the final map.
PASSED AND ADOPTED this 27th day of March 2012, at a Regular Meeting of the Planning
Coinmission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Vice Chair Sun, Brophy, Brownley
NOES: COMMISSIONERS: Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED: �
A ' astava, Director Mar Miller, hair
Community Development Department Planning 'ssion
G:�Plaririing�PDREPORT�RES�2011�M-2011-09 res.doc