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memo to Planning Commission from Staff May 12, 2020 To: Planning Commission members From: Gian Paolo Martire, Senior Planner Re: Desk Items Regarding Modifications to certain Conditions of Approval (DP-2018- 05, EXC-2019-03) Modified Conditions of Approval The following Conditions of Approval are recommended to be modified. Underline means additional text, while cross through means text that has been removed. Draft Resolution for DP-2018-05 BMR UNIT TERMS OF AFFORDABILITY: (Rewritten) Prior to occupancy, the proposed project shall record covenants that require 36 of the BMR senior units to be occupied at rents that are affordable to very low or low‐income households at a ratio of 60% very low‐income (22 units) to 40% low‐income (14 units) for a period not less than 99 years from the date of first occupancy of the unit pursuant to CMC Section 19.56.050.B and the City’s Below Market Rate Housing Program. Also prior to occupancy, for the remaining 12 BMR senior units, the proposed project shall record covenants that require the units to be occupied at rents that are affordable to very low or low‐income households at a ratio of 60% very low‐income (7 units) to 40% low‐income (5 units) for a period of not less than 55 years from the date of first occupancy of the unit pursuant to CMC Section 19.56.050.A. STREET IMPROVEMENTS & DEDICATION Provide street dedication in fee title and frontage improvements along the project frontage to the satisfaction of the Director of Public Works. The street improvement plans must be submitted and approved prior to the Final Map approval. Street improvements may include, but are not limited to, sidewalk, curb & gutter, ADA ramps, city standard driveways, storm drain and sanitary sewer system, street tree installations, street lights (new and/or relocate), bus stop, concrete bus pad, bus shelter and other related bus improvements, upgrade the existing pedestrian warning device at the mid‐block crossing on Mary Avenue to rectangular rapid flashing beacons (RRFB), pavement, signs and pavement markings. And, installation of a Class IV Separated Bikeway between Mary Ave and Hwy 85 NB on‐ramp per the approved Cupertino Bicycle Transportation Plan Implementation along project frontage on Stevens Creek Blvd. The installation will require traffic signal modifications at the intersections of Stevens Creek Blvd & Mary Ave and Stevens Creek Blvd & Hwy 85. The Applicant will be required to coordinate with Caltrans, all work located within Caltrans’ jurisdiction. At the street improvement plan stage, the proposed bus stop design (shown on VTM‐6) on Stevens Creek Blvd., west of Mary Ave. shall be further reviewed and the final design must be approved by both VTA and City of Cupertino prior to issuance of Final Map. The City may require a bus duckout. As result, an additional easement may be required for proposed bus shelter. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a description of such dedication. You are hereby further notified that the 90‐day approval period in which you may protest this dedication, 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 dedication. PEDESTRIAN AND BICYCLE IMPROVEMENTS The Applicant shall provide pedestrian and bicycle related improvements, including but not limited to, Class I pedestrian and bike paths and bicycle racks throughout the project site, and RRFB consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the Director of Public Works. FINAL MAP Prior to recordation of final map, all building(s) that straddle the new property line must be removed. Project is required to dedicate Public Access Easements to facilitate on‐site bike and pedestrian paths as identified in the Cupertino Bicycle Transportation Plan and Pedestrian Transportation Plan and shall be substantially consistent with those shown on the Vesting Tentative Map. Public Access Easements will be required at the northwestern and southwestern property corners, along the west side of the project site connecting north to south between Stevens Creek Boulevard and Mary Avenue. Final alignment of the public paths and easements shall be approved by the City Engineer. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a description of such dedication. You are hereby further notified that the 90‐day approval period in which you may protest this dedication, 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 dedication. Draft Resolution for EXC-2019-03 EXCEPTION A Heart of the City Exception is granted to allow the construction of the proposed project with a maximum of 40% of the building frontage along Stevens Creek Boulevard and 75% of the rear of the building to be occupied by non‐retail uses in substantial conformance with the Level 1 Layout as illustrated in Sheet A201.