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Attachment C to 180 Day Approval - Final.pdfATTACHMENT C STANDARD PROJECT REQUIREMENTS AND PROJECT IMPLEMENTATION REQUIREMENTS These Standard Project Requirements and Project Implementation Requirements are intended to be read in conjunction with the Ministerial Approval Letter - Vallco Town Center SB 35 Project Application, dated September 21, 2018. 1. ACCURACY OF THE PROJECT 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 errors of any property data may invalidate this approval and may require additional review. 2. ANNOTATION OF THE STANDARD PROJECT REQUIREMENTS These Standard Project Requirements and Project Implementation Requirements must be incorporated into and annotated on the building plans. 3. APPROVED PLANS The Approval is based on the Approved Plans dated September 15, 2018 attached herewith for a mixed use project with: a. 2,402 residential units of which 1,201 units will be affordable as outlined in below. In addition, the residential uses may not be less than 4,961,904 square feet. b. 1,981,447 square feet of office uses C. 485,912 square feet of retail uses d. Associated improvements as proposed 4. AFFORDABLE UNITS The Applicant shall provide 50% of the project (1,201 units) as affordable, of which 361 units shall be affordable to households making 50% below the area median income and 840 units shall be affordable to units making 80% below the area median income. Of the 1,201 units, 217 Very Low Income units and 144 Low Income units, for a total of 361 units shall be subject to the City's Below Market Rate Housing Procedural Manual ("Procedural Manual") and shall be affordable for a period of not less than 99 years. 1 The remaining 840 units (328 Very Low Income units and 528 Low Income units) shall be subject to an Applicant -prepared manual similar to the City's BMR Housing Procedural Manual which will be subject to review and approval by the City. The units shall be subject to the same preference program outlined in the Procedural Manual. Such units shall be affordable for a minimum of 55 years for units that are rented and for a minimum of 45 years for units that are owned. Pursuant to Municipal Code Section 19.56.050 (F), affordable units in the Project, and for each phase of the Project, shall be constructed concurrent with, or prior to, the construction of the market rate units. The Applicant shall prepare a covenant or Regulatory Agreement, which shall be subject to review by the City Attorney and which shall be recorded prior to the issuance of the first building permit. 5. NON-RESIDENTIAL BELOW MARKET RATE HOUSING PROGRAM The Applicant The applicant shall comply with the City's Non-residential BMR program by paying the required housing mitigation fees per the Housing Mitigation Manual for any office development payable at the time of building permit issuance. 6. FEES The Applicant shall pay all applicable fees, taxes and bonds per the City's adopted fee schedule and/or Municipal Code, at the time of building permit issuance including, but not limited to: a. Building Permit Fees b. Third -party Consultant Costs plus any administration fees C. Below Market Rate Housing Mitigation Fees d. Transportation Impact Fees e. Parkland Dedication Fees f. Storm Drain Fees 7. FORMATION OF A PROPERTY OWNERS' ASSOCIATION A Property Owner's Association shall be formed to maintain the common areas of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the City Attorney and the Director of Community Development prior to recordation. The following terms shall be incorporated in to the Association's Conditions, Covenants and Restrictions: a. The membersiboard shall meet at a minimum of once/year. b. The Association dues shall cover: 2 i. Maintenance of common area on the property including private drives and roadways, hardscaping, parking, landscaping and accessory items, such as trash bins/areas, tree grates, outside trash bins, fences, etc. ii. Building and site repair on a regular schedule, or as otherwise necessary, and building renovation and replacement as necessary. C. Any changes to the CC&R's must be reviewed and approved by the City. d. Disbanding of the Association shall require City approval. 8. STREET CLOSURES Street and road closures for resident or tenant safety and security are not approved as part of this Application. Temporary street and road closures may be permitted pursuant to a Special Events Permit. Any future fencing or road closures proposed to close streets or other access such as to the green roof is subject to staff review and approval. 9. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the Applicant and approved by staff prior to issuance of building permits. Staging of construction equipment shall not occur within 100 feet of any residential property. 10. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Municipal Code. The Applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. 11. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS: a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas 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. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. 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 as defined in Chapter 10.48 of the Municipal Code. Night 3 time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The Applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. The Applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated 12. 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 sites. d. Sweep streets daily, 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. 13. AIR QUALITY In compliance with the General Plan Environmental Impact Report Mitigation Measures related to Air Quality, the applicant shall, prior to issuance of grading, demolition and/or building permits demonstrate compliance with the current Bay Area Air Quality Management District's basic control measures for reducing construction emissions of PM10. 11 14. COMPLIANCE WITH CODE REQUIREMENTS a. The Project is subject to the governing California Code of Regulations in affect at the time of building permit issuance including, but not limited to, the California Building Code, the California Plumbing Code, and California Fire Code, and shall be constructed in accordance with the all such applicable state and local code requirements, including the Cupertino Municipal Code. The Applicant shall obtain LEED Silver certification or an alternative reference standard in accordance with the Green Building Ordinance since the building size is over 50,000 square feet.. b. Pursuant to the comment letter from the Fire Department of Santa Clara County dated September 18, 2018, the portion of the structure located above Wolfe Road identified as a "residential amenity above the green roof" does not comply with the provisions of the California Fire Code (CFC) Section 503.1.1 for fire department apparatus access. Pursuant to CFC Section 503.1.1 Exception 1, subsection 1.2, an approved alternative means of fire protection shall be provided as a mitigation. 15. ENVIRONMENTAL HEALTH If a Phase 2 report identifies potential for soil contamination, the Applicant shall obtain all necessary clearances from the Santa Clara County Department of Environmental Health and/or other applicable regulatory agencies. 16. BIOLOGICAL RESOURCES The Applicant shall adhere to Mitigation Measure BIO -1 regarding nesting raptors and other birds set forth in the Mitigation Monitoring and Reporting Program for the City's General Plan Amendment, Housing Element Update and Associated Rezoning Project dated December 4, 2014 17. PUBLIC ART Public art shall be provided for the project in accordance with General Plan Policy 2-66 and the City's Public Art Ordinance (Chapter 19.148 of the Cupertino Municipal Code). The minimum expenditure for the artwork, including, but not limited to design, fabrication, and installation is .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 public art plans (including location and design) shall be reviewed by the Fine Arts Commission during the building permit stage, in advance of final occupancy. Once approved by the Fine Arts Commission, the public artwork shall be installed to the satisfaction of the City prior to final occupancy. 5 18. LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the Applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 19. 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. 20. LANDSCAPE AND IRRIGATION PLANS 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. The landscape plan shall include water conservation and pesticide reduction measures 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. 21. 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 - 6 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." 22. LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (Cupertino Municipal Code, 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. 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. 23. RESTAURANT ODOR ABATEMENT All new restaurants shall install odor abatement systems to reduce odor impacts from the restaurants to the adjacent community. The odor abatement systems shall be installed prior to final occupancy of the associated restaurant(s). Detailed plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 24. PRIVATE ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels that share a common private drive or private roadway with one or more other parcels within the tract. The agreement shall be recorded prior to issuance of building permit for the phase in which the private roadways are proposed and shall be subject to prior approval as to form and content by the City Attorney. Such maintenance 7 obligations shall be included in the Conditions, Covenants and Restrictions for the Property Owners' Association. 25. NOISE ANALYSIS The Applicant shall prepare an acoustical report to demonstrate compliance with the Cupertino General Plan. All residential units shall be subject to good quality construction practices and installation of equipment, including sealing of doors, windows, frames and casings to ensure that the interior average day/night noise level does not exceed 45 dBA Ldn. 26. SIGNAGE Signage is not approved with this Application. Signage shall conform to the City's Municipal Code Chapter 19.104. 27. SIGN PROGRAM A sign program is not approved with this Application and is required for this Project. The sign program shall be approved by the Director of Community Development prior to issuance of sign permits. 28. SCREENING All mechanical and other equipment on the building or on the site shall be screened so it is not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 29. TRASH AND DELIVERY ACTIVITIES A detailed refuse and truck delivery plan shall be prepared by the Applicant. The plan shall specify locations of trash facilities, refuse 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. 30. TREE REMOVALS The removal of up to 334 trees on site is approved. A tree removal permit must be obtained in the event additional on-site protected trees are proposed for removal. 31. TREE TRANSPLANTATION The applicant shall transplant Trees # 97, 98, 99, 67, and 70 (Holly Oaks.) The applicant is authorized to transplant Trees # 414, 415, 416, 260 or 261 at his or her discretion but is not required to do so. 32. TREE PROTECTION As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. This tree protection plan shall adhere to the recommendations of the City's consulting arborist. In addition, the following measures shall be added to the protection plan: a. For trees on private property 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 traffic 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's consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. d. Wood chip mulch shall be evenly spread inside the tree protection fence to a four -inch depth. e. Tree protection conditions shall be posted on the tree protection barriers. f. Retained trees shall be watered to maintain them in good health. g. A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City's consulting arborist shall inspect the trees to be retained and/or transplanted and shall provide reviews prior to issuance of demolition, grading or building permits. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. For trees within the public right-of-way which are subject to removal or new trees proposed for planting, the applicant shall secure an encroachment permit from the City. I 33. TREE PROTECTION BOND The Applicant shall provide a tree protection bond in the amount of $250,000 to ensure protection of trees recommended for retention, transplantation or replacement by the City's consulting arborist 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. 34. TREE REPLACEMENT In accordance with Cupertino Municipal Code Chapter 14.18, the Applicant shall provide tree replacements for trees proposed to be removed in conjunction with the proposed project. The number, location and type of trees shall be incorporated into the detailed landscape plan to be reviewed and approved by the Director of Community Development in consultation with the City's consulting arborist. 35. 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. 36. 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 (BFP), fire department connections (FDC), post -indicator valves (PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works, Fire Department, and applicable utility agencies. 37. BUSINESS HOURS OF OPERATION Any office or commercial uses with hours of operation beyond 7:00 a.m. and 11:00 p.m. must obtain Conditional Use Permits. 10 38. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The determination set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these notes constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. The Applicant is hereby notified that the 90 -day approval period in which these fees, dedications, reservations, and other exactions, may be protested pursuant to Government Code Section 66020(a) begins as of the date of project approval. If the Applicant fails to file a protest within this 90 -day period complying with all of the requirements of Section 66020, the Applicant will be legally barred from later challenging such exactions. 39. INDEMNIFICATION Except as otherwise prohibited by law, the Applicant shall indemnify, defend with legal counsel approved by the City, and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or against the Applicant, to attack, set aside, or void the City's approval of this project or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City for its actual attorneys' fees and costs incurred in the defense of any claim or litigation. The Applicant agrees to accept the City's tender of defense of any claim or lawsuit related to this project or City's approval of said project. Furthermore, Applicant shall pay City's attorneys' fees and costs within 30 days following receipt of invoices from City. Such attorneys' fees and costs shall include amounts 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. 40. COMPLETION OF PUBLIC WORKS IMPROVEMENTS Prior to entering into a street improvement agreement with the City of Cupertino, the Applicant shall have detailed plans of the improvements approved by the Director of Public Works and shall provide a surety or guarantee covering the cost of all improvements to be completed within the City of Cupertino's jurisdiction. The street improvement agreement will specify the timeline for completion of the improvements. For improvements to be completed on facilities which are not under the jurisdiction of the City of Cupertino, the Applicant shall, prior to entering into a street improvement agreement with the City of Cupertino, either (1) have detailed plans of the improvements approved by the agency under whose 11 jurisdiction the facility resides, and provide a surety or guarantee to that agency to cover the cost of the improvements; or (2) provide funding to the agency under whose jurisdiction the facility resides, in an amount sufficient to fund the design and construction of the improvements. The decision to pursue option (1) or (2) above shall reside with the agency under whose jurisdiction the facility resides, in consultation with the City of Cupertino. In the event that Applicant can demonstrate to the satisfaction of the Public Works Department that, despite their best efforts, sufficient progress has not been made with the responsible agency, the funding shall be held in a segregated account by the City or in escrow in lieu of the design and construction of the mitigation measure. The funds will be released to the responsible agency once the project is programmed and approved. 41. IMPROVEMENT AGREEMENT The Applicant shall enter into an Improvement Agreement with the City of Cupertino providing for payment of fees, including but not limited to plan checking and inspection fees, storm drain fees and fees for permits. Said agreement shall be executed prior to recordation of final map. 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. The improvement agreement will also include the following bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement C. On-site Grading Bond: 100% of site grading and drainage improvements, including retaining walls and shoring facilities. 42. GRADING, DEMOLITION, UNDERGROUND UTILITY WORK, STREET CONSTRUCTION AND CONSTRUCTION HOURS AND NOISE LIMITS: a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. C. Construction, street construction, Grading, underground utility and demolition work and noise limits shall be compliant with requirements of Chapter 10.48 of the City Municipal Code. d. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an Applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. 12 e. The Applicant shall be responsible for educating all contractors and subcontractors of the restrictions on construction, street construction, grading, underground utility and demolition work. f. The Applicant must obtain an encroachment permit from City prior to commencing any work within the right-of-way. 43. STREET WIDENING AND PUBLIC RIGHT-OF-WAY DEDICATIONS Public street widening and dedications shall be provided in accordance with City Standards, specifications and policies and as required by the Director of Public Works. 44. CURB AND GUTTER IMPROVEMENTS New curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the Director of Public Works. The Applicant shall close all unused driveway cuts and remove and replace broken or uplifted curb, gutter, or sidewalk as determined by the Director of Public Works. 45. PAVEMENT Overlay of all streets along perimeter with 2.5" of rubberized asphalt pavement per Caltrans Standards. 46. DETACHED SIDEWALK The Applicant shall provide a minimum five foot wide detached sidewalk along all street frontages where construction shall occur. 47. PEDESTRIAN CROSSWALKS The Applicant shall provide pedestrian crosswalk improvements around the project site. Final crosswalk improvement plans shall be reviewed and approved by the Director of Public Works. 48. COLORIZED BICYCLE LANES The Applicant shall provide colorized bicycle lane pavement along project frontages and at areas of potential vehicular conflict as determined by the Director of Public Works. 49. PEDESTRIAN AND BICYCLE IMPROVEMENTS The Applicant shall provide pedestrian and bicycle related improvements (e.g. walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the Director of Public Works. 13 50. GRADING Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 51. STORM WATER 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. 52. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the Applicant 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. 53. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing impervious surface that is subject to requirements set forth in section C.3 of the Municipal Regional Stormwater NPDES permit. The Applicant 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 Director of Public Works. The Applicant 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. 54. EROSION CONTROL PLAN The Applicant shall provide an approved erosion control plan prepared 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. 14 The plan shall also be incorporated as an attachment to the SWPPP and shall be updated and amended as construction phases or site conditions change. 55. WORK SCHEDULE Every 6 months, the Applicant shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. 56. OPERATIONS & MAINTENANCE AGREEMENT The Applicant shall enter into an Operations & Maintenance Agreement with the City, which shall be reviewed and approved by the Public Works Director, prior to final occupancy. The Agreement shall include the operation and maintenance for any non-standard appurtenances in the public right-of-way that may include, but is not limited to, sidewalk, pavers, enhanced landscaping, any landscaping necessary to screen utility cabinets, street trees and street lights. 57. DRAINAGE Drainage shall be provided to the satisfaction of the Director of Public Works. All connections from the development to the City storm drain system shall occur at manholes, unless approved otherwise by the Director of Public Works. 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), infiltration, evaporation or storm water harvesting facilities, bioretention basins, 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, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten- year storm flood water surface elevation to the satisfaction of the Director of Public Works. 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. 58. FULL TRASH CAPTURE SYSTEM The Applicant will be responsible for installing a full trash capture system/device to capture trash from the onsite storm drain system before the storm water reaches the City owned storm drain system and/or any adjacent creeks or diversion channels. 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). Systems and devices must be approved by the 15 California State Regional Water Quality Control Board (RWQCB) and selected from the San Francisco Bay RWQCB Certified Full Capture System List of Trash Treatment Control Devices which may be viewed at: https://www.waterboards.ca.gov/water issues/programs/stormwater/trash impl ementation.html. The Applicant shall install trash capture devices in all storm drain inlets in the public right of way that are located adjacent to the project. 59. GEOTECHNICAL REPORT Prior to issuance of grading or building permits, the project design -level geotechnical report shall be approved by the City's Geotechnical Consultant. All design criteria and specifications set forth in the design -level geotechnical report shall be implemented as a part of the project. The Applicant will be responsible for providing a geotechnical engineering review letter stating that the final approved set of plans have been reviewed and meet the intent and recommendations of the geotechnical report. Such geotechnical engineering review letter shall be peer-reviewed by a third party geotechnical engineer, the costs which shall be borne by the applicant. 60. UNDERGROUND UTILITIES The Applicant 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 Applicant shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works. 61. BUS STOP LOCATION The Applicant shall install and/or improve bus shelters/trash receptacles along the Wolfe Road, Vallco Parkway and Stevens Creek project frontages, and as required by VTA. The placement and design of the bus shelters/trash receptacles shall be approved by the Director of Public Works and the VTA. If the Applicant proposes enhanced shelters of a design approved by the City, said shelters shall be maintained and funded by the applicant. In the event that bus shelters are replaced with VTA standard revenue -generating bus shelters, the applicant may not be required to maintain and service these bus shelters. Shelters shall, at a minimum, include the following features: 16 • ADA accessible dimensions • Concrete pad per VTA criteria • Illuminated line number sign • Passenger shelters • Benches • Trash receptacles • Real-time information panels • Schedule, fare, and service span information • Lighting 62. TRAFFIC CONTROL PLAN The Applicant must submit a traffic control plan prepared by a Registered Traffic Engineer or Civil Engineer to be approved by the Director of Public Works, for any 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 Director of Public Works prior to commencement of work. The City has adopted the Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. All permanent striping shall be made of thermoplastic. 63. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 64. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the Director of Public Works and shall be of a species and size approved by the City in accordance with Ordinance No. 125. 65. STREAMSIDE PERMIT Prior to issuance of a building permit, the Applicant shall provide plans and information that satisfies the requirements of the Stream Side Development 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 water bodies from water quality impacts, coordination with all interested jurisdictional agencies, and the like. 66. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water 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. 17 67. DEDICATION OF UNDERGROUND WATER RIGHTS The Applicant shall "quitclaim" all interests in, and grant to the City authorization to extract water from, the underground strata lying beneath and within the boundary limits of the project's property. 68. ABANDONED WATER WELLS The Applicant shall seal abandoned or unused water wells if the City, in consultation with the Santa Clara Valley Water District, determines that said abandoned or unused water wells have a potential to contaminate the water supply. 69. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. No building permits will be issued by the City for structures or units that would result in the permitted peak wet weather flow capacity through the Santa Clara sanitary sewer system being exceeded. The estimated sewage generation by the project shall be calculated using the sewer generation rates used by the San Jose - Santa Clara Water Pollution Control Plant Specific Use Code & Sewer Coefficient table, and from the City of Santa Clara Sanitary Sewer Capacity Assessment, May 2007, unless alternative (i.e., lower) sewer generation rates achieved by future development are substantiated by the developer based on evidence to the satisfaction of the CuSD. 70. UTILITY EASEMENTS Clearance approvals from the agencies and property owners with easements on the property (including PG&E, AT&T, and California Water Company, Cupertino Sanitary District and/or other entities) will be required prior to issuance of permits. 71. FIBER OPTIC CONDUIT INSTALLATION A separate 3" fiber optic conduit shall be installed with all joint trench construction, and shall be provided to the City for its usage. The fiber optic conduit shall be installed in accordance with plans and specifications approved by the Director of Public Works. 72. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the Director of Public Works. 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. In 73. SUBDIVISION AGREEMENT The Applicant shall enter into a Subdivision 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 transportation impact fees. Said agreement shall be executed prior to issuance of construction permits 74. SUBDIVISION MAP Prior to issuance of building permits, a final subdivision map shall be recorded. 75. TRASH, RECYCLING AND COMPOST MANAGEMENT A trash management plan must be prepared and shall show how onsite trash, recycling and compost is to the handled, and shall be to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit and the following must be addressed: a. The City's waste hauler, Recology, has an exclusive franchise agreement to haul all garbage, comingled recyclables, organics, and to provide debris box service. Any additional private haulers and the types of materials that will be hauled from the property shall be identified prior to issuance of any permits. b. The process of how effluent from cleaning central dock locations and cart washing will be managed and discharged shall be provided prior to issuance of building permits. c. Adequate access in and around CWT shall be provided for Recology service trucks, including turning radii, roadway widths, backing distances, overhead clearances, etc. d. Include a description of the contingency plan should the compactors be inoperable due to mechanical failure or leakage including how material is transported to alternate bins and where the alternate bins will be located for collection by Recology. e. Include a description of how failure in the valve chamber will be addressed (e.g. how accumulated wastes are removed, transported, and deposited into the compactors). f. Include confirmation that Mulching Materials will be treated separately from Organic Waste and not deposited through the PWS and transported by site personnel. g. Provide information on how, pursuant to Cupertino Municipal Code (CMC) Sections 6.24.037(D/E), all privately (non-Recology) backhauled cardboard and yard waste tonnage (Mulching Materials) will be tracked by the property owner and periodically provided (TBD) to the City upon request. 19 h. Developer shall coordinate with Recology to implement onsite document shredding, e -waste, and recycling events for Vallco residents as needed to serve the development. Developer will be responsible for all costs associated with the events.. i. Provide a description of how waste will be managed within the trash collection rooms on the various residential building floors, when chutes are inoperable due to maintenance and/or malfunction. j. Please identify the process of how effluent from cleaning central PWS will be managed and discharged. k. Sufficient holding capacity for a high volume of cardboard, in residential, retail, and commercial trash rooms, shall be provided to alleviate overflow and stacking outside of bins. 1. Waxed cardboard is considered organic waste and shall not be comingled with dry cardboard. Trash management plan shall show how separate bins will be provided for restaurant and other produce receiving businesses in the retail/commercial trash rooms. m. Pursuant to CMC Section 6.24.030, all nonresidential customers' solid waste, if bagged, shall be in clear plastic bags. n. Please identify how used cooking oil will be managed from restaurants or other fats, oil, grease (FOG) producing businesses. o. Per Recology's review and estimate of the projected compactor hauls, an additional route may be needed once the project is complete. Developer shall coordinate with Recology regarding the need for an additional service route and will be responsible for all associated costs. 76. WASTE TRIOS Permanently installed waste trios including cigarette butt urns which are designed for exterior use are required and must be included on the plans. Waste trios are outdoor receptacles positioned side-by-side which are clearly labeled recycling, compost, and landfill and include covers to prevent rainwater intrusion. An example of waste trios may be viewed online at: www.cupertino.org/greendev. The trios must be situated on private property adjacent to the sidewalk for patron and pedestrian use. A manufacturer specification sheet including size, color, and style of the trios and cigarette butt urns shall be submitted with the resubmittal for review by Planning and Environmental Programs Division staff. Waste trios/urns should match outdoor furniture and furnishings. 20 77. STORM DRAIN INLETS All exterior storm drain inlets, including bioretention area overflow catch basins and linear trench drains must be treated with full trash capture systems to prevent litter from entering the City's storm drain system and/or any adjacent creeks or diversion channels. Systems and devices used must be approved by the California State Regional Water Quality Control Board (RWQCB) and selected from the San Francisco Bay RWQCB Certified Full Capture System List of Trash Treatment Control Devices which may be viewed at: https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/trash _implementation/a1_certified_fcd_rev_27jun18.pdf Please include at the time of building permit submittal, the manufacturer specification sheet for all trash capture systems included with the project. As a condition of approval, the systems must be installed and maintained (cleaned) in accordance with the project SWMP, manufacturer specifications, and provisions of the California RWQCB San Francisco Bay Region Municipal Regional Stormwater NPDES Permit. The property owner must provide official written record of cleaning and maintenance to the City upon request. All exterior storm drain inlets on the parcel must be clearly marked with, "No Dumping Flows to Creek" or "No Dumping Flows to Bay." An example of drain inlet markers may be viewed at the following: www.cupertino.org/greendev. 78. USE OF COPPER Copper metal roofing, copper granule containing asphalt shingles, copper gutters and downspouts, and/or other exterior ornamental copper are not permitted for use on any commercial or industrial building. 79. WASTE MANAGEMENT PLAN A completed Construction and Demolition (C&D) Waste Management Plan must be submitted at the time of demolition and/or building permit issuance. Since both demolition and construction permits will be issued, C&D Waste Management Plans must be submitted for each permit. C&D Recycling Waste Management Reports must be submitted prior to final approval of the demolition and building permits demonstrating a minimum of 65% of the C&D waste has been diverted from landfill and recycled. A schedule for demolition and construction must be reflected on the C&D Waste Management Plans. Furthermore, pursuant to CalGreen Section 5.408.3, 100% of excavated soil and land clearing debris shall be reused or recycled. Please note that C&D debris box service may only be obtained 21 from Recology, the City's franchised waste hauler. C&D Recycling information and reports may be downloaded at www.cupertino.org/greendev 80. COMPLETION OF SITE IMPROVEMENTS All site improvements shall be completed for each phase prior to issuance of final occupancy permits for structures constructed in conjunction with that phase. PROJECT IMPLEMENTATION REQUIREMENTS Compliance with the following Project Implementation Requirements shall ensure that the Approved Plans dated September 15, 2018 adhere to the requirements of Government Code Section 65913.4. 81. PREVAILING WAGE AND SKILLED AND TRAINED WORKFORCE CERTIFICATION Pursuant to Government Code Section 65913.4 (a) (8), the applicant shall provide all required certifications to the City relative to the payment of prevailing wage, the use of a skilled and trained workforce as that term is defined by Public Contract Code Section 2600 et seq. and/or compliance with a project labor agreement pursuant to Public Contract Code Section 2500(b)(1). 82. RESIDENTIAL AMENITY SPACES To ensure compliance with Government Code Section 65913.4 (a)(2)(C) which requires two-thirds of the square footage of the development be designated for residential use, the use of and services offered within the residential amenity spaces is subject to review and approval by the City prior to issuance of building permits. 83. CONSTRUCTION PHASING/ADHERENCE TO SB 35 TWO-THIRDS RESIDENTIAL REQUIREMENT The Applicant shall adhere to the construction phasing plan (see, specifically, Sheet P-0510) provided, the last certificate of occupancy for non-residential construction shall not be issued until the Applicant demonstrates that two-thirds residential square footage is constructed to ensure consistency with Government Code Section 65913.4(a)(2)(C). 84. PROJECT MODIFICATIONS Any changes or modifications to the Approved Plans shall invalidate this Approval if such changes or modifications are determined to be inconsistent with Government Code Section 65913.4, and/or inconsistent with the Density Bonus 22 Law provisions reflected in this Approval. Such changes or modifications include, but are not limited to, changes that would cause the Project to no longer meet the eligibility requirements in Government Code Section 65913.4 (such as the two- thirds square footage residential use requirement, requirements to provide prevailing wage and a skilled and trained work force for all contractors and subcontractors), and the income level, number and/or mix of affordable housing units. The City is solely responsible for determining if any changes or modifications invalidate this Approval. 23