Reso 6809ISI' -2015-05
CITY OF CJIPE][Z`1INO
10300 Lorre Avenue
Cupertino, California 95014
RESOLUTION NO. 6309
OF THE PLANNING COMMISSION OF '1'HlE CITY OF C1U]PERTI \TO RECOMMENDING ADOPTION
ION
OF A MITIGATED ED N EGAD IVE DECLARATION, APPROVAL OF A DEVELOPMENT ]PIE][ MIT TO
ALLOW THE DEMOLITION OF APPROXIMATELY 44,000 SQUARE FEET OF COMMERCIAL SPACE
AND THE CONSTRUCTION OF A 122 -ROOM[ HOTEL, EL, '1W® MIXED-USE ]BUILDINGS WITH
APPROXIMATELY ELY 22,600 SQUARE FEET OF COMMERCIAL SIPACIE AND 188 APARTMENT UNITS
H[
WITH ASSOCIATED SITE AND OFF-SITE IMPROVEMENTS EM[IENTS IN A (PLANNED DEVELOPMENT ZON E
AT 10122 BANDLEY DRIVE AND 10145 NORTH DIE ANZA BOULEVARD
SECTION fo PROJECT DESCRIPTION
ION
Application No.: DP -2015-05 and EA -2015-05
Applicant: Amy Cines
]Property Owner: De Annza Venture, LLC
Location: 10122 Banndfey Drive and 10145 North De Annza Boulevard
(AIPN# 326-34-043, 326-32-066)
SECTION Ifo (FINDINGS FOR DEVELOPMENT IPERMI :
WHEREAS, the Planning Commission of the City ®f Cupertino received an application for a Development
(Permit as described in Section I. ®f this Resoluut®nn, and
WHEREAS, the Environmental Review Committee has reviewed an Initial Study and Mitigated Negative
Declaration and recommended approval; and
WHEREAS, following preparation ®f the Initial Stuudy and Mitigated Negative Declaration the applicant
proposed a Development Agreement involving changes t® the proposed project, and
WHEREAS, the new information about the proposed project in the Development Agreement merely
clarifies, amplifies, or makes insignificant modifications $® project description in the Initial Study and
Mitigated Negative Declaration and does not require major revisions to the Initial Study and Mitigated
Negative Declaration due t® new or substantially more severe significant effects on the environment;
therefore, recirculation is not required pursuant, to CEQA Guidelines Section 150%3,5(c)(4); and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance ®f the
City ®f Cupertino, and the Planning Commission Inas meld at least one public hearing in regard t® the
application; and
WHEREAS, the applicant has inset the burden of proof required t® support said application; and
WHEREAS, the Planning Commission fronds as follows with regard to anis application:
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
1. The proposed development, 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;
The project is consistent with the General Plan, Zoning Ordinance, and the Heart of the City Specific Plan
and has been designed to be compatible with and respectful of adjoining land uses. Additionally, the relevant
mitigation measures will be incorporated as part of the CEQA review process to mitigate potential impacts
to a less than significant level. Therefore, the project will not be detrimental or injurious to properties or
improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or
convenience.
2. The proposed development will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances.
The proposed development is in conformance with the Cupertino General Plan as part of the Crossroads Area
within the Heart of the City Special Area. The Heart of the City area is envisioned as a well-planned and
designed commercial, office, residential development, with enhanced activity nodes, and safe and efficient
circulation and access for all modes of transportation between activity centers that help focus and support
activity centers. The Project provides housing units consistent with the Housing Element within the General
Plan. The Project has met the development standards as defined by the Heart of the City Specific Plan and
the City Municipal Code such as heights, setbacks, and parking requirements.
The site is within a Planned Development Zoning District that allows General Commercial and Residential
CT (CG, Res) "). Therefore, the proposed development is consistent with the purpose of the City's zoning
ordinance.
3. The applicant has requested a density bonus. Pursuant to Cupertino Municipal Code Section
19.56.070, before approving an application that includes a request for density bonus, incentive,
parking reduction and/or waiver, the decision-making body shall make the following findings, as
applicable:
a) A finding that the residential project is eligible for the density bonus and any incentives,
parking reductions or waivers requested.
Eleven percent of the units will be affordable to Very Low Income households at affordable rent or
affordable housing cost, which entitles the project to a Density Bonus rate of 35 percent consistent
Cupertino Municipal Code Section 19.56.030 (A).
b) A finding that any requested incentive will result in identifiable, financially sufficient, and
actual cost based on the financial analysis and documentation provided.
No incentives are requested as part of the project, so the finding is not applicable.
c) If the density bonus is based all or in part on donation of land, a finding that all requirements
included Section 19.56.030C have been met.
The density bonus is not based on the donation of land, so the finding is not applicable.
d) If the density bonus is based all or in part on the inclusion of a child care facility, a finding that
all requirements included in Section 19.56.030 (D) have been met.
The density bonus is not based on the inclusion of a child care facility, so the finding is not applicable. .
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
e) If the density bonus or incentive is based on a condominium conversion, a finding that all the
requirements included in Sections 19.56.030 (IE) have been met.
The density bonus is not based on a condominium conversion, so the finding is not applicable.
f) if the incentive includes mixed-use development, a finding that all requirements including in
Section 19.56.40 (B) (2) have been met.
While the project is a mixed-use development, the density bonus is not based on the mixed -used
development as an incentive, so the finding is not applicable.
g) If a waver is requested, a finding that the development standards for which the waiver is
requested would have the effect of physically precluding the construction of the housing
development with the density bonus incentives permitted.
No waiver is requested, so the finding is not applicable.
NOW, THEREFORE., BE IT RESOLVED:
That after careful consideration of the initial study, raps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
]SAGE 2 thereof,
1. A MITIGATED NEGATIVE DECLARATION WITH A MITIGATION MONI'T'ORING REPORT
(file no. EA -2015-05) is hereby RECOMMENDED FOR ADOPTION2 and
2. The application for a Development Permit, Applications no. ESP -201:5-05 is hereby RECOMMENDED
FOR APPROVAL, and
That the subconclusionss upon which the findings and conditions specified in this Resolution are based
and contained in the ]public Hearing record concerning Applications no.(s) EA -2015-05 and DP=2015-05 as
set forth its the Minutes of Planning Commission Meeting of July 26, 2016 and are incorporated by
reference as though fully set forth herein..
SECTION lllo CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBI'T'S
Approval recommendation is based on the plans set received on June 2, 2016 consisting 139 sheets
labeled as "'Marina Plaza the urban village" consisting of 134 sheets labeled as T.1 to T.9, C1.0 to C5.2,
R-1 to R-2, JT -1 to JT -3, A.0 to A.65, PM -1 to PM -3, 5L-1 to SL -3, ]E-1 to ]E-2, and LO.02 to i_,5.02, drawn
by Dahlin Group, VER Consultants, RGA, Bruce Jett Associates, Coffman Engineers. Inc, Emerald City
]Engineer, Inc. Beyond Efficiency Inc, and RGD Acoustic, Inc., except as may be amended by conditions
in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA -2015-22, I.T-2015-06, DA -2016-1, TR -2016-14, EXC
2016-03, and ]E CC -2016-05 shall applicable to this approval.
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
4. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS
Development Permit approval is granted for a 122 -room hotel, and two mixed-use buildings with 188
apartments units with approximately 22,600 square feet of commercial space through the demolition
of an existing commercial buildings.
The Planning Commission shall review amendments to the project considered major by the Director
of Community Development.
5. ACCURACY OF 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.
4. ODOR ABATEMENT SYSTEMS
Odor abatement systems shall be installed for all new eating establishments and common food
preparation areas. The design of the odor abatement system will be finalized at the building permit
stage. Equipment associated with the odor abatement systems shall be appropriately screened if visible
from the public right-of-way.
5. SIGN PROGRAM
Signage is not approved with this application. A separate sign program and building permit shall be
required to be submitted to the City and approved prior to final occupancy. Signage shall conform to
the regulations stipulated in the City's Sign Ordinance, unless otherwise approved with a sign
program.
6. PUBLIC ART REQUIREMENT
Public art shall be provided in accordance with the City's Public Art Ordinance (Chapter 19.148 of the
Cupertino Municipal Code). Per the ordinance, the minimum expenditure for the artwork, including,
but not limited to design, fabrication, and installation is 0.25 percent of the total project budget, with
an expenditure cap of $100,000. The project pro -forma shall be provided to the City to confirm the
project budget.
The final design, display, and location of the public art shall be brought before the Fine Arts
Commission for review and approval. The minimum expenditure for the artwork, including but not
limited to design, fabrication, and installation, is one-quarter of one percent, with an expenditure cap
of one hundred thousand dollars.
7. HOUSING MITIGATION FEES
The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by paying
housing mitigations fees prior to issuance of buildingpew as per the Housing Mitigation Manual;
except as may be otherwise set forth in the Development Agreement (DA) between the City and the
Applicant.
10. SCHOOL IMPACT FEES
The applicant shall pay the applicable school impact fees assessed by the school districts rior to
issuance of building_ permits.
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
11. RECIPROCAL ACCESS EASEMENTS
]Prior to buuildina permit issuance, the applicant shall update and record necessary reciprocal ingress
and egress easements between the adjoining properties to run in perpetuity, consistent with prior
conditions of approval in Resolutions 1750 and 2376. The easement shall contain a provision that it
may not be modified without the prior express written approval of the City. The easement language
shall be reviewed and approved by the City prior to recordation with the County Recorder's Office. A
financial deposit will be required for the City Attorney's Office review thrne.
12. CONDOMINIUMIZA ION
]f an°celnzatlon/con ominiumizatlon of units is not approved as part of this project. Any proposed
changes to the map shall require further City review and approval.
13. AFFORDABLE HOUSING PLAN
The Applicant shall submit an "Affordable Housing ]Plano" prior to building permit issuance. The
Affordable Housing ]Plans shall identify the below Market ][date (BMR) .units in the development. The
Developer shall submit a site plan showing and documenting the total number of BMR units on-site,
location of BMR units within the development, bedroom size, unit size (square footage), unit type, and
income level.
The Developer shall describe hove the proposed BMR units will be phased within the proposed
development (Example: how many BMR units will be constructed in ]Phase 1, 2, etc....).
14. BMR UNIT DESIGN REQUIREMENTS
'the Applicant shall detail how the following requirements shall be met prior to building permit
issuance:
a) BMR wits shall be comparable to market -rate units in terms of unit type, number of bedrooms per
unit, quality of exterior appearance and overall quality of construction.
Ib) BMR unit size should generally representative of the unit sizes within the market -rate portion of
the residential project.
0 Interior futures and finishes in the affordable units shall be durable, of good quality and consistent
with the contemporary standards of new houusingo
d) BMR units shall be dispensed throughout the residential project.
15. BMR AGREEMENT
Prior to the recordation of a final man or issuance of any building permit, an affordable housing
agreement shall be recorded against the property. The affordable housing agreement shall include, but
not limited to the following:
a) Total number of ]SMR units, type, locations (site map), square footage, number of bedrooms, and
construction scheduling of market -nate and BMR units;
b) Provisions to ensure concurrent construction and completion of BMR units and market -rate units;
.c) Affordability levels for each BMR unit;
d) ]Provisions for income certification and screening of potential occupants of BMR units,
e) ][restriction control mechanisms;
f) ]Financing of ongoing administrative and monitoring costs;
g) Other reasonably required provisions to implement the Affordable Housing Plan.
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
16. BMR Unit Terms of Affordability:
Prior to occupancy, the proposed project shall record covenants that require the units to be occupied
at rents that are affordable to very low-income households for a period not less than 99 years from the
date of first occupancy of the unit.
17. GREEN BUILDING
The project shall be constructed in accordance with the City's Green Building Ordinance (Chapter 16.58
of the Cupertino Municipal Code). The applicant shall obtain LEED Silver certification or an alternative
reference standard in accordance with the ordinance since the building size is over 50,000 square feet.
Third party LEED certification or alternative reference standard is required per the ordinance criteria.
18. TRANSPORTATION DEMAND MEASURES (TDM)
The Director of Community Development has the ability to require additional transportation demand
measures (TDM) to address any future parking concerns. Examples of TDM may include, but are not
limited to:
a. Transportation coordinator who will be assigned to the Marina Plaza project with the
authority to implement the TDM programs. The Transportation Coordinator shall provide
the City annual reports on January 31St on the implementation of the TDM programs and
strategies; except as may be otherwise set forth in the Development Agreement (DA)
between the City and the Applicant.
b. Participate in fair -share contribution if and when a Transportation Management
Association (TMA) is formed. If a TMA is formed within the coverage and/or a shuttle stop
is within walking distance of the development, the applicant shall make a one-time
contribution to the City in the amount of fifty thousand dollars ($50,000) to fund a portion
of the start-up costs of the TMA. The applicant shall make an annual maximum fair -share
contribution of twenty thousand dollars ($20,000) on January 31St that will increase annually
based on the Consumer Price Index over the prior one-year period. The annual fair -share
contribution will be based on the Project's proportionate share of estimated ridership for
the TMA; except as may be otherwise set forth in the Development Agreement (DA)
between the City and the Applicant..
c. Bicycle hub
d. Secured bicycle storage facilities
e. Fix it bicycle repair station(s)
f. Carpool and clean -fuel parking spaces
g. Unbundled parking
h. Shuttle service for hotel guests
19. BICYCLE PARKING CLASS
The applicant shall provide bicycle parking consistent with the City's Parking Regulations under
Chapter 19.124 of the Cupertino Municipal Code, and to the satisfaction of the Director of Community
Development.
20. SITE LIGHTING
All new lighting must conform to the standards in the Parking Regulations Ordinance, and the final
lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Director
of Community Development prior to building_ permit issuance. Prior to final occupancy, a licensed
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
lighting consultant shall confirm that the lighting is in compliance with the City's standards.
21. ROOFTOP EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they are not
visible from public street ares or adjoining developments. `]['he height of the screening shall be taller
than the height of the mechanical equipment that it is designed to screen. A line of sight plan may be
required to demonstrate that the equipment will not be visible from any public right-of-way. The
location of the equipment and necessary screening shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
22. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility
plan to demonstrate screening or undergrounding of all new utility structures [including, but not
limited to backflow preventers (B FP), fire department connections (]FDC), post -indicator valves (PI V),
and gas meters] to the satisfaction of the Director of Community Development, ]public Works, ]Fire
Department, and applicable utility agencies.
23. NOISE LEVELS AND ABATEMENT
Project construction and use shall comply with the City's Community Noise Control Ordinance at all
times. Should the project exceed any of the stipulated maximum noise levels outlined in the City's
Community Noise Control Ordinance, an acoustical engineer may be required to submit noise
attenuation measures to the satisfaction of the Director of Community Development at the applicant's
expense.
24. (LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building�e-� the applicant shall submit a lull landscape project submittal per
section 14.15.040 of the Landscaping Ordinance. The Nater -(Efficient Design Checklist (Appendix A of
Chapter 14.15), Landscape and Irrigation Design ]flans, and. Nater Budget Calculations shall be
reviewed and approved to the satisfaction of the Director of Community Development
issuance of building permits.
25. LANDSCAPE INSTALLATION REPORT
A landscape installations audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed) and prior to final occupy. 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 ovcrspray or run-off that causes
overland flow, and preparation of an irrigation schedules
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.°'
26. LANDSCAPE AND IRRIGATION MAINTENANCE
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
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
installation report prior to issuance of final occupancy, or any time before the landscape installation
report is submitted prior to issuance of building permits.
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.
27. PRE -CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
Prior to commencement of construction activities, the applicant shall arrange for a pre -construction
meeting with the pertinent departments (including, but not limited to, Building, Planning, Public
Works, Santa Clara County Fire Department) to review an applicant -prepared construction
management plan including, but not limited to:
a. Plan for compliance with conditions of approval
b. Plan for public access during work in the public right-of-way
c. Construction staging area
d. Construction schedule and hours
e. Construction phasing plan, if any
f. Contractor parking area
g. Tree preservation/protection plan
h. Site dust, noise and storm run-off management plan
L Emergency/complaint and construction site manager contacts
28. CONSTRUCTION HOURS
Construction activities shall be limited to Monday through Friday, 7 am to 8 pm and Saturday and
Sunday, 9 am to 6 pm. Construction activities are not allowed on holidays. Maximum noise levels are
delineated in the City's Community Noise Control Ordinance.
The developer shall be responsible for educating all contractors and subcontractors of said construction
restrictions. Rules and regulations 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.
29. 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 were recycled prior to
issuance of final demolition permits.
30. 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:
Resolution No. 6809 ISI' -2015-05 and EA -2015-05
July 26, 2016
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 tunes, 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) ]have, apply water at least tree times dally, or apply (non-toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas at construction sites.
d) Sweep streets dally, or more often if necessary (preferably 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;
31. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES
Per the mitigation measures outlined in the Mitigation Monitoring and Reporting Program ]based on
the Initial Study dated April 29, 2016, titled "'Initial Study and Mitigated ]Negative Declaration, The
Marina ]plaza Project," prepared by Placeworks and adopted as Mitigated ]Negative Declaration EA -
2015 -05, the following is an outline of mitigation measures that apply:
as Mitiaation Measure AR -1e The project's construction contractor shall comply with the
following Bay Area Air Quality Management District (BAAQMD) best Management ]practices
(BMPs) for° reducing construction emissions of fugitive dust (]pM10 and PM2o5)e
® Water all active construction areas at least twice daily, or as often as needed to control dust
emissions° watering should be sufficient to prevent airborne dust from leaving the site.
Increased watering frequency may be necessary whenever wind spuds exceed 15 miles per
hour. Reclaimed water should be used whenever possible.
® ]pave, apply water twice daily or as often as necessary to control dust, or apply (non-toxic) soil
stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites.
® Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain
at least two feet of freeboard (i.e., the minimum um required space between the top of the load and
the top'of the trailer).
® Sweep daily (with water sweepers using reclaimed water if possible) ®r as often ,as needed all
]paved access roads, parking areas and staging areas at the construction site to control dust.
® Sweep public streets daily (with water sweepers using reclaimed water if possible) in the
vicinity of the project site, or as often as heeded, to keep streets free of visible soil. material.
® ]H[ydroseed or apply non-toxic soil stabilizers to inactive construction areas.
® Enclose, cover, water twice daily, or apply neon -toxic soil binders to exposed stockpiles (dirt,
sand, etc.);
® Limit vehicle traffic speeds on unpaved roads to 15 miles per hour (mph).
® Replant vegetation in disturbed areas as quickly as possible.
® Install sandbags or other erosion control measures to prevent silt runoff from public roadways
b. Mitigation Measure AIR -20 During construction, the construction contractor(s) shall use
construction equipment fitted with engines that meet the ]United States Environmental
]protection Agency (US EPA) -Certified Fier 3 emissions standards for equipment of 50
horsepower or more. The construction contractor shall maintain a list of all operating
equipment in use on the project site for verification by the City of Cupertino Building Division
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
official or their designee. The construction equipment list shall state the makes, models, and
number of construction equipment onsite. Equipment shall properly service and maintain
construction equipment in accordance with the manufacturer's recommendations. The
construction contractor shall also ensure that all nonessential idling of construction equipment
is restricted to five minutes or less in compliance with CARB Rule 2449. Prior to issuance of any
construction permit, the construction contractor shall ensure that all construction plans
submitted to the City of Cupertino Planning Department and/or Building Division clearly show
the requirement for US EPA Tier 3 or higher emissions standards for construction equipment
over 50 horsepower.
c. Mitigation Measure BIO -1: Nests of raptors and other birds shall be protected when in active
use, as required by the federal Migratory Bird Treaty Act and the California Department of Fish
and Game Code. If construction activities and any required tree removal occur during the
breeding season (February 1 and August 31), a qualified biologist shall be required to conduct
surveys prior to tree removal or construction activities. Preconstruction surveys are not
required for tree removal or construction activities outside the nesting period. If construction
would occur during the nesting season (February 1 to August 31), preconstruction surveys shall
be conducted no more than 14 days prior to the start of tree removal or construction.
Preconstruction surveys shall be repeated at 14 -day intervals until construction has been
initiated in the area after which surveys can be stopped. Locations of active nests containing
viable eggs or young birds shall be documented and protective measures implemented under
the direction of the qualified biologist until the nests no longer contain eggs or young birds.
Protective measures shall include establishment of clearly delineated exclusion zones (i.e.,
demarcated by identifiable fencing, such as orange construction fencing or equivalent) around
each nest location as determined by a qualified biologist, taking into account the species of
birds nesting, their tolerance for disturbance and proximity to existing development. In
general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines
and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis
throughout the nesting season to identify signs of disturbance and confirm nesting status. The
radius of an exclusion zone may be increased by the qualified biologist if project activities are
determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the
qualified biologist only in consultation with California Department of Fish and Wildlife. The
protection measures shall remain in effect until the young have left the nest and are foraging
independently or the nest is no longer active.
d. Mitigation Measure CULT -1: If any prehistoric or historic subsurface cultural resources are
discovered during ground -disturbing activities, all work within 50 feet of the resources shall
be halted and a qualified archaeologist shall be consulted to assess the significance of the find
according to CEQA Guidelines Section 15064.5. If any find is determined to be significant,
representatives from the City and the archaeologist would meet to determine the appropriate
avoidance measures or other appropriate mitigation. All significant cultural materials
recovered shall be, as necessary and at the discretion of the consulting archaeologist, subject to
scientific analysis, professional museum curation, and documentation according to current
professional standards. In considering any suggested mitigation proposed by the consulting
archaeologist to mitigate impacts to historical resources or unique archaeological resources, the
City shall determine whether avoidance is necessary and feasible in light of factors such as the
nature of the find, proposed project design, costs, and other considerations. If avoidance is
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
infeasible, other appropriate measures (e.g., data recovery) would be instituted. Work may
proceed on other parts of the project site while mitigation for historical resources or unique
archaeological resources is being carried out.
e. Mitigation Measure CULT -2: In the event that fossils or fossil -bearing deposits are discovered
during construction, excavations within 50 feet of the find shall be temporarily halted or
diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The
paleontologist shall document the discovery as needed, in, accordance with Society of
Vertebrate Paleontology standards (Society of Vertebrate Paleontology 1995), evaluate the,
potential resource, and assess the significance of the finding under the criteria set forth in
CEQA Guidelines Section 15064.5. The paleontologist shall notify the appropriate agencies to
determine procedures that would be followed before construction is allowed to resume at the
location of the find. If the project proponent determines that avoidance is not feasible, the
paleontologist shall prepare an excavation plan for mitigating the effect of the project based on
the qualities that make the resource important. The excavation plan. shall be submitted to the
City for review and approval prior to implementation.
f. Mitigation Measure HAZ-1a: The project Applicant shall here the services of a Cal OSHA
-
certified qualified asbestos abatement consultant to conduct a pre -construction assessment for
asbestos containing materials (ACMs). Prior to the issuance of the demolition permit, the
Applicant shall provide a letter to the City of Cupertino Planning Department from a qualified
asbestos abatement consultant that no ACMs are present in the buildings. If ACMs are found
to be present, the hazardous materials shall be properly removed and disposed of prior to
demolition of buildings on the project site in compliance with applicable federal, State, and
local regulations, such as the EPA's Asbestos National Emission Standards for Hazardous Air
Pollutants (NESHAP) regulation, BAAQMD Regulation 11, Title 8 of the California Codes of
Regulations, the Unified Program, and the City's General Plan policies.
g. Mitigation Measure HAZ-1b: The project Applicant shall hire the services of a qualified lead
paint abatement consultant to conduct a pre -construction assessment of lead based paints. Prior
to the issuance of the demolition permit, the Applicant shall provide a letter to the City of
Cupertino Planning Department from a qualified lead paint abatement consultant that no lead
paint is present in on-site buildings. If lead paint is found to be present on the buildings to be
demolished, the hazardous materials shall be properly removed and disposed of in compliance
with applicable federal, State, and local regulations, including EPA's NESHAP regulation, Title
.40 of the Code of Federal Regulations, Title 8 of the California Codes of Regulations, the Unified
Program, and the City's General Plan policies.
32. 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.
33. INDEMNIFICATION
To the extent permitted by law, the applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indenu-iffied parties") fr®m and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The applicant and City shall use best efforts to select mutually agreeable legal
counsel to defend such action, and the applicant shall pay all compensation for such legal counsel,
following the applicant's receipt of invoices from City, together with reasonable supporting
documentation. Such compensation shall include reasonable compensation paid to counsel not
otherwise employed as City staff and shall include, City Attorney time and overhead costs and other
City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. If
the applicant and the City cannot in good faith agree on joint counsel, the City shall have the right to
retain counsel of its own choosing, separate from the applicant's litigation counsel.
34. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
35. STREET IMPROVEMENTS
Public street dedications and improvements shall be provided in accordance with City Standards and
specifications and as required by the City Engineer for all four street frontages.
1) Street dedications will be required to achieve a 16' wide right of way on Alves Drive fronting the
hotel and the driveway along De Anza Blvd and a 10' right of way along Bandley Drive and on
Alves Drive fronting Building B
2) Curbs and gutters, sidewalks, driveways, and related structures shall be installed in accordance
with grades and standards as specified by the City Engineer.
3) If tie backs are proposed to encroach into the public right-of-way for shoring purpose, locations
must be shown on the street improvement plans. Structural design must incorporate de -tensioning
of tie backs upon completion of construction support. A tie -back encroachment fee in the amount
of $150 per tie back will be required.
36. TRAFFIC IMPACT FEE
Policy M-10.2 of the Mobility Element of the City's General Plan and Mitigation Measure TRAF-1 of
the 2014 General Plan EIR require the City to enact a transportation impact fee for new development,
following preparation of a nexus study. The purpose of the fee is to ensure sustainable funding levels
for the City's transportation improvement plan necessary to mitigate the impacts of buildout of the
General Plan. If the City adopts a transportation impact fee prior to the issuance of building_ permit,
the applicant shall pay the amount of the fee applicable to the project prior to building permit issuance.
Resolution No. 6809 ISI' -2015-05 and. EA -2015-05 July 26, 2016
If the City has not adopted a transportation impact fee prior to issuance of building permits, the
applicant shall either post a bond, letter of credit, or other instrument that is acceptable to the City to
secure payment of the fee at a future date, in the amount of $413,952 or deposit -the amount with the
City. The applicant shall not be required to pay a commercial transportation impact fee because the
project results in a net loss of commercial area. The amount secured, or the cash payment from
applicant in lieu of the security, shall be released to the City to be used for transportation
improvements when the City adopts a transportation impact fee.
In the event that the City adopts a citywide transportation impact fee after buildina issuance,
and the amount of such transportation impact fee is less than the amount secured by the bond, letter
of credit, or other instrument acceptable to the City, or the amount deposited, the City shall only
require release of an amount secured, or a cash payment in lieu of the security necessary to pay the
adopted transportation impact fee. In addition, the City shad refund to applicant the difference
between the amount released or paid to the City and the adopted transportation impact fee.
If the transportation impact fee that is adopted by the City and applicable to the project is greater than
the secured amount or cash paid, no additional payment from applicant will be required.
The condition shall be in affect except as may be otherwise set forth in the DA between the City and
the Applicant.
37. TRAFFIC SIGNAL
The applicant shall contribute up to $150,000 to the City for traffic signal modification at Stevens Creek
Blvd and bandley Drive intersection which may include replacing traffic standards, restriping of the
lanes, installing of loop detectors, and related concreting and asphalt work.
38. SLOT EINE ADJUSTMENT
]prior to approval of the Building permit, a lot line adjustment shall be submitted to the Public Works
Department for review and approval. The requirements for a lot line adjustment submittal can be
obtained from the Public Works Departmcnent.
39. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements consistent with the Updated
Cupertino bicycle Transportation Plans and the ]pedestrian Transportation Guidelines, and as required
by the City Engineer.
1) The applicant. shall contribute $35,000 for the installation of shared lane markings and signs
consistent with the California Manual for Uniform Traffic Control Devices along bandley give
fronting the property and on Alves give between Anton Way and ba.ndley Drive to the
satisfaction of the City Engineer.
2) The applicant shall install bicycle racks near the entrance of commercial and retail areas with good
visibility and bicycle parking way finding signs as recommended in the 2016 Cupertino bicycle
Transportation ]flan.
3) The applicant shall make street improvements to the satisfaction of the City Engineer, including
the installation of buulbouuts at the southwesterly and southeasterly corner of bandley give and
.Alves give.
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
4) The applicant shall reserve an area on the property for a potential citywide bike share program and
shall purchase, install, operate, and maintain equipment that is compatible with the future City
bike share program or as approved by the City Engineer.
40. STREET LIGHTING INSTALLATION
The applicant shall install one new city standard street light at the southeasterly corner of Alves Drive
and Bandley Drive facing Alves Drive, and one new street light on De Anza Blvd. approximately 200'
south of Alves Drive. Street lighting shall be installed per the Caltrans Standard Plans and
Specification (2015) 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.
41. 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.
42. 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 from the site and improve water
quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes,
detention systems or other approved systems and improvements) as necessary to avoid an increase of
the ten percent flood water surface elevation 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.
All on-site and off-site storm drain inlets shall be clearly marked with the words "No Dumping - Flows
to Creek" using permanently affixed metal medallions or equivalent, as approved by the
Environmental Programs Division.
43. 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:
b. Grading Permit:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Parcel Map Review Fees:
$ Per current fee schedule ($4,498.00 or 6% of
improvement costs)
$ Per current fee schedule ($2,618.00 or 6% of
improvement costs)
$1,000.00
$Per current fee schedule ($8,518.00 per AC)
$ Per current fee schedule (4,254.00)
Resolution No. 6809 ISI' -2015-05 and EA -2015-05 July 26, 2016
g. ]dark Fees:
ho Street Free
i. Encroachment Permit ]Fee:
➢. Lot Line Adjustment
j. Storm Management ][plan ]Fee
$ Per current fee schedule ($21,600 per unit)
By Developer
Per current fee schedule ($1,703.00 or 5% of ]project
Costs and/or $50.00 per inspection.
$ per current fed schedule ($3,012000)
$ Per current fee schedule ($715.00)
** Based on the latest effective PG�&E rate schedule approved by the PUC
ao Fonds:
be Faithful Performance Bond: 100% of Off-site and Ong -site Improvements
ca Labor & Material Bond: 100% of Off-site and On-site Improvement
d. ®n -site Grading Bond: 100% of site improvements.
eo -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.
44. CO3 REQUIREMENTS
Co3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or more
of impervious surface (collectively over the entire project site). The developer shall reserve a minimum
of 4% of developable surface area for the placement of low impact development measures, for storm
water treatment, 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 (:BM Ps), which mist be designed per approved numeric sizing
criteria. A Storm Water Management plan, Storm Nater ]Facilities ]Easement Agreement, Storm Water
(Facilities Operation and Maintenance Agreement, certification of ongoing operation and maintenance
of treatment BMPs, and access easements are each required.
All storm water management plans are required to obtains certification from a City approved third
party reviewer.
45. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City's "Public Works Guidelines
posted at www.cuu-pertino.or /g nowaste, and to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department is required prior to obtaining a building permit.
(CMC 90180210 ]H[ & ]K)
460 OPERATIONS & MAINTENANCE AGREEMENT
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, landscaping in
parkstrip, trees, street furniture, and/or street lights.
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
47. UNDERGROUND UTILITIES
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. 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.
48. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground
vaults. The developer must receive written approval from both the Public Works Department and the
Community Development Department prior to installation of any above ground equipment. Should
above ground equipment be permitted by the City, equipment and enclosures shall be screened with
fencing and landscaping such that said equipment is not visible from public street areas, as determined
by the Community Development Department. Transformers shall not be located in the front or side
building setback area.
49. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be screened
and placed away from the public right of way and site driveways to a location approved by the
Cupertino Planning Department, Santa Clara County Fire Department and the water company.
50. 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.
51. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the developer
must obtain a Notice of Intent (NOI) from the SWRCB, 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.
52. EROSION & SEDIMENT CONTROL PLAN
Developer must provide an approved erosion sediment control plan by a Registered Civil Engineer.
This plan should include all erosion and sediment control measures used to retain materials on site.
Erosion and sediment control notes shall be stated on the plans.
53. WORK SCHEDULE
Every six months, the developer shall submit a work schedule to the City to show the timetable for all
grading/erosion and sediment control work in conjunction with this project.
54. 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.
Resolution No. 6809 ISI' -2015-05 and EA -2015-05 July 26, 2016
55. CONSTRUCTION MANAGEMENT ELAN
The developer must submit a Construction Management Plan to be approved by the City. The plan
shall include proposed haul routes, dust and noise management approach, anticipated grading
schedule, contractor's contact information, on-site circulation, construction fencing, and phasing (if
necessary) on the plan.
56. STREET TREES AND FREE GRAVES I
Street trees within, the ]public ][dight of Way shall be planted to the satisfaction of the City Engineer;
shall be maintained by the developer; and shall be of a type approved by the City in accordance with
Ordinance No. 125. Free grates within the Public bight of Way shall be the size and type approved by
the City Engineer.
57. FIRE PROTECTION
]Eine sprinklers shall be installed in any new construction to the approval of the City.
58. SANTA CEARA 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. Clearance should include written approval of the location of
any proposed ]Eire backflow Preventers, ]Eire Department Connections and Eire Hydrants (typically
Backflow Preventers should be located on private property adjacent to the public right of way, and
fire department connections must be located within 100° of a ]Eire Hydrant).
59. FIRE HYDRANT
]Eire hydrants shall be located as required by the City and Santa Clara County ]Eine Department as
needed.
60. CALIFORNIA WAFER SERVICE COMPANY CLEARANCE
]provide California Nater Service Company approval for water connection, service capability and
location and layout of water lines and backflow preventers before issuance of a building permit
approval.
61. DEDICATION OF WATERLINES
Developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and
shall reach an agreement with California Nater Services Company for water service to the subject
development.
62. DEDICATION OF UNDERGROUND WAFER RIGHT'S
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract water from the
underground basin or any underground strata in the Santa Clara Valley.
63. SANI'T'ARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
64. UTILITY EASEMEN'T'S
Clearance approvals from the agencies with easements on the property (including ][PG&E, AT&T, and
California Nater Company, and/or equivalent agencies) will be required prior to issuance of building
permits.
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
Applicant shall provide non-interference letters from agencies for the vacation of any Public Utility
Easement on-site and to meet the relocation requirements of these agencies
65. EXISTING ACCESS EASEMENTS
Developer shall correct and update any existing ingress/egress easements and/or reciprocal access
easements that are affected by the Project.
Developer shall coordinate with adjacent property owners to ensure that access easements are updated
appropriately to ensure proper access through the project site and adjacent properties. Developer shall
further coordinate with adjacent property owners regarding landscaping improvements that may
affect neighboring property owner's private facilities or site lines.
66. AUTHORIZATION LETTERS
Applicant shall provide letters of authorization from adjacent property owners for the following:
a) Closure of the existing driveway between building C and the southerly property (APN 326 34 044);
and
b) Encroachment of trash trucks during pick-up onto the property to the south of Building A (APN
326 34 071).
The Applicant shall go back to the Planning Commission for any site layout or building modifications
that will be required, if permission is not be granted.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT
1. REVIEW OF DEVELOPMENT PROPOSAL
Review of this development proposal is limited to acceptability of site access and water supply as they
pertain to fire department operations, and shall not be construed as a substitute for formal plan review
to determine compliance with adopted model codes. Prior to performing any work the applicant shall
make application to, and receive from, the Building Department all applicable construction permits.
2. DEFERRED SUBMITTALS
Fire sprinklers, alarms, standpipes systems and required emergency radio communication systems are
deferred submittals.
3. MARKING ALONG ALVES
The entire section of Alves Drive., between North De Anza Boulevard and Bandley Drive shall be
marked as signed as "NO STOPPING -FIRE LANE 22500.1 CVC" and all signs and curbs shall be in
compliance with Santa Clara County Fire Standard Detail and Specification A-6, as per Sec. 503.3 of
the currently adopted edition of the California Fire Code.
4. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of Santa Clara County Fire Standard
Detail and Specification SI -7 and Chapter 33 of the currently adopted edition of the California Fire
Code. This must be submitted to, and approved by the Santa Clara County fire Department prior to
commencing any demolition / construction activities.
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
5. ADDRESS IDENTIFICA HON
New and existing buildings shall have approved address numbers, building numbers or approved
building identification ,placed in a position that is plainly legible and visible from the street or road
fronting the property. These numbers shall contrast with their background. Where required by the fire
code official, . address numbers shall be provided in additional approved locations to facilitate
emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers be a
minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm) . Where
access is by means of a private road and the building cannot be viewed from the public way, a
monument, pole or other sighs or means shall be used to identify the structure. Address numbers shall
be maintained. CFC Sec. 505.14.
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT
1. SANITARY SEWED
Based on the proposed use, it has been calculated that there would be an increase in sewer flow by
55% over the existing use. This increase will or may have impact on downstream sanitary sewer mains.
Sewer maims along a portion of Stevens Creek Blvd. and Wolfe ]Load have been identified as being at
"capacity Sanitary District will need to perform additional sewer capacity analysis and determine
deficiencies along Stevens Creek Boulevard. Apartments and hotel development increases the peak
flow significantly more than a commercial property, because commercial properties have a parking
period different than the residential/hotel developments. Analysis along Wolfe Road have been
completed determined a meed to install a parallel pipe, which this project would also need to contribute
pro -rata share of the improvements costs. At this time, it is believed that the Vallco ]project will be
constructing this parallel main.
2. SANITARY SEXIER DESIGN PLANS
improvements plans (both onsite and offsite) shall be approved by the Cupertino Sanitary District.
Currently, District owns a sewer easement within the project limits. Depending on the final design,
this easement may need to be relinquished or new easement provided.
3. FEES AND PERMITS
Cupertino Sanitary District fees and permits will be required.
4. DEVELOPERS AGREEMENT
The developer/owner shall be required to enter into an installers' agreement with the District.
Installers" agreement could potentially include off-site sewer improvement requirements with
reimbursement.
SECTION Vlle CONDITIONS ADMINISTEREDBY CALIFORNIA WATER SERVICE
1. WILL SERVE LETTER
The Applicant shall obtain a "Will Serve Letter" from the California Nater Service Company
building -permit issuance.
Resolution No. 6809 DP -2015-05 and EA -2015-05 July 26, 2016
PASSED AND ADOPTED this 26th day of July 2016, Regular Meeting of the Planning Commission of the
City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Takahashi, Vice Chair Gong, Paulsen
NOES: COMMISSIONERS: Lee
ABSTAIN: COMMISSIONERS: Sun
ABSENT: COMMISSIONERS:
ATTEST:
APPROVED:
Benjamin Fu Alan Takahashi, Chair
Assist. Director of Community Development Planning Commission