Attachment C - Modification Conditions of Approval FINAL ATTACHMENT 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-The Rise SB 35
Modification Project Application, dated June 3, 2022.
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 stamped June 2, 2022 and attached
herewith for a mixed use project with:
a. 2,402 residential units of which 1,201 units shall be affordable as outlined in
condition #4 below. In addition, the residential uses shall not be less than
5,119,005 square feet or less than 66.7% of the floor area of the project.
b. Office uses shall not exceed 1,973,494 square feet.
c. Retail uses shall be a minimum of 429,408 square feet.
d. Office and Retail uses shall not exceed 33.3% of the floor area of the project
e. Associated improvements as proposed, except as stated herein.
Building Permit plans must match the dimensions and floor plans indicated in the
approved plan set.
4. AFFORDABLE UNITS
a. The Applicant shall provide 50% of the project (1,201 units) as affordable, of
which 267 units shall be affordable to households making 50%below the area
median income and 934 units shall be affordable to units making 80% below
the area median income.
b. Of the 1,201 units, 160 Very Low Income units and 107 Low Income units, for
a total of 267 units, are required by the City's Below Market Rate (BMR)
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Housing Program (Municipal Code Chapter 19.172) and shall be subject to the
City's Below Market Rate Housing Mitigation Program Procedural Manual
("Procedural Manual"). These BMR units shall be affordable for a period of not
less than 99 years. Rent shall be calculated as included in the Procedural
Manual and shall include parking costs. The BMR units shall be administered
under the City's Policy and Procedures Manual for Administering Deed
Restricted Affordable Housing Units (Administration Manual).
c. State Density Bonus Law(Government Code Section 65915 et seq.) requires the
project to contain 267 Very Low Income units. These units are inclusive of the
160 Very Low Income BMR units, which shall be affordable for a period of not
less than 99 years and otherwise conform with all requirements for BMR units.
The remaining 107 Very Low Income units shall be affordable for a period of
not less than 55 years and administered under the California Tax Credit
Allocation Committee's (TCAC's) compliance manual, and rent shall be
calculated as provided in State Density Bonus Law and implementing
regulations.
d. 827 affordable units shall be affordable to Low Income households earning 80
percent of median income or below. Affordable rents for the 827 units shall be
calculated under TCAC's compliance manual. The units shall be affordable for
a period of not less than 55 years and administered under TCAC's compliance
manual. The units shall be subject to the same preference program outlined in
the Procedural and Administration Manuals.
e. 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 following phasing
and affordable unit distribution plan is approved, except that the affordable
units in each phase shall include proportional numbers of City BMR and
Density Bonus units.
Market-Rate Units Affordable Units Total % Affordable
Phase 1 393 316 709 44.6%
Block 1 101 0 101
Block 2 156 181 337
Block 4 136 135 271
Phase 2 391 469 860 54.5%
Block 3 261 391 652
Block 5 130 78 208
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Market-Rate Units Affordable Units Total % Affordable
Phase 3 417 416 833 50%
Block 9 208 208 416
Block 10 209 208 417
Total 1,201 1,201 2,402 50%
The Director of Community Development may approve modifications to the
phasing plan provided that no modification may reduce the total number of
affordable units provided in Phase 1 or the total number of affordable units in
Phase 1 and Phase 2 of the Project.
f. Pursuant to Government Code Section 17929, the occupants of the affordable
units shall have the same access to the common entrances and to the common
areas and amenities of the project as the occupants of the market-rate housing
units, and the affordable units may not be isolated to a specific floor or an area
on a specific floor.
g. The Applicant shall identify the location of individual affordable units and
prepare a master affordable housing agreement and declaration of restrictive
covenants, which shall be subject to review and approval by the City Attorney
and which shall be recorded prior to the issuance of the first building permit
for vertical construction or any parcel or final map, whichever is earliest. The
location of the individual affordable units is not required for ministerial
approval but distribution of units per this subsection can be included as a
condition of approval per Section 301(a)(5).
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. The Applicant's request for a waiver of housing mitigation fees
is pending and will be reviewed under the procedures set forth in the Housing
Mitigation Manual.
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
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c. Below Market Rate Housing Mitigation Fees
d. Transportation Impact Fees
e. Parkland Dedication Fees
f. Storm Drain Fees
g. Public Works plan review, encroachment permit, and grading permit fees.
Additional reviews of three or more will be charged hourly.
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 into
the Association's Conditions, Covenants and Restrictions:
a. The members/board shall meet at a minimum of once/year.
b. The Association dues shall cover:
i. Maintenance of common area on the property including, but not limited
to, private drives and roadways, hardscaping, parking, landscaping, and
accessory items, such as trash bins/areas, tree grates, outside trash bins,
and fences.
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 review and approval of 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 the City 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.
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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.
Nighttime 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.
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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.
14. COMPLIANCE WITH CODE REQUIREMENTS
a. The Project is subject to the governing provisions of Title 24 of the California
Code of Regulations in effect at the time of building permit application
including but not limited to the California Building Code, the California
Plumbing Code, and California Fire Code, and shall be constructed in
accordance with all such applicable state and locally adopted building
standards. 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. The Applicant shall ensure that the project addresses comments and
corrections set forth in the following:
i. The Fire Department of Santa Clara County two comment letters dated June
3, 2022.
ii. The Public Works Department's Environmental Services Division
comments dated May 2,2022,including comments from Independent Code
Consultants Incorporated dated April 25, 2022,
iii. The Cupertino Sanitary District dated May 4, 2022, and
iv. The Public Works Department Development Services Division dated May
3, 2022.
15. ENVIRONMENTAL HEALTH
The Applicant shall obtain all necessary clearances from the Santa Clara County
Department of Environmental Health and/or other applicable environmental
regulatory agencies. Soil-disturbing activity on any parcel subject to Department
of Environmental Health oversight may commence only upon Department of
Environmental Health clearance for such activity.
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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 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 public art plans (including 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.
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) 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
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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
not be limited to inspection to confirm that the landscaping and irrigation system
are installed as specified in the landscape and irrigation design plan, system tune-
up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The
landscape and irrigation system have been installed as specified in the landscape
and irrigation design plan and complies with the criteria of the ordinance and the
permit."
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.
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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.
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
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 and location for 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.
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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 464 Protected trees on site is approved.A tree removal permit
must be obtained in the event additional on-site protected trees are proposed for
removal. No street trees or trees within the existing right-of-way are approved for
removal. Any such trees shall be reviewed and approved for removal by the
Department of Public Works.
The Applicant shall obtain a Retroactive Tree Removal permit for Tree #1245.
31. TREE TRANSPLANTATION
The Applicant shall transplant Trees # 97, 98, 99, 69, and 70 (Holly Oaks.) The
Applicant is authorized to transplant Trees # 414, 415, 416, 260, 261 or 262 at its
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
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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. Ongoing inspections may
be requested by the City by the City's consulting arborist, at the applicant's
expense, to peer review Arborist reports provided on a regular basis by the
applicant.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.
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
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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.
38. 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.
39. COMPLETION OF PUBLIC WORKS IMPROVEMENTS
Public improvements necessary to implement the Project shall be reviewed
pursuant to Government Code section 65913.4(h)(3). 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
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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 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.
40. STREET IMPROVEMENT AGREEMENT
The Applicant shall enter into a Street 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 a 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 Street Improvement Agreement
will require 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.
41. 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.
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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.
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.
42. STREET WIDENING AND PUBLIC RIGHT-OF-WAY DEDICATIONS
Public street widening, easements, and dedications shall be provided in
accordance with City Standards, specifications and policies and as required by the
Director of Public Works. Onsite private streets shall be provided with public
access as shown on the approved plans. Any closure of private streets must be
approved by the Fire Department and shall comply with requirements for fire and
public safety access.
43. CALTRANS APPROVAL
The Applicant shall coordinate with Caltrans for any work or improvements
proposed within Caltrans right-of-way. The Applicant shall provide to the City a
letter of approval for the work and applicable encroachment permits issued from
Caltrans to perform said work, prior to City approval and issuance of permits for
any work within or affecting Caltrans right-of-way. The letter of approval from
Caltrans shall explicitly state or depict the work being approved.
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
The Applicant, prior to project completion, shall overlay all streets along the
project perimeter, up to half street or more if improvements extend beyond the
half street, with 2.5" of rubberized asphalt pavement per Caltrans Standards, and
subject to approval by the City Engineer.
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46. DETACHED SIDEWALK
The Applicant shall provide a minimum five-foot wide detached sidewalk along
all street frontages where construction shall occur, to the satisfaction of the City
Engineer.
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) consistent with the Cupertino Bicycle Transportation
Plan and the Pedestrian Transportation Guidelines, and as approved by the
Director of Public Works.
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 may be 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.
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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 to address storm water quality, 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 Management Facilities Operation, Maintenance and Easement
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.
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, as well as work within the right
of way, 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 streetlights.
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
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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 peak runoff, 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
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.
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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:
• ADA accessible dimensions • Trash receptacles
• Concrete pad per VTA criteria • Real-time information panels
• Illuminated line number sign • Schedule, fare, and service
• Passenger shelters span information
• Benches • Lighting
62. TRAFFIC CONTROL PLAN
The Applicant must submit traffic control plans 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.
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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.
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
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development are substantiated by the developer based on evidence to the
satisfaction of the Cupertino Sanitary District.
70. UTILITY EASEMENTS
Clearance approvals from agencies and property owners that have interest in
easements on the development property (including PG&E, AT&T, and California
Water Company, Cupertino Sanitary District and/or other entities) will be
required prior to recordation of Final Map or issuance of building permits for
vertical construction,whichever comes first.The Applicant shall provide approval
letters and recorded easement documents for any easements needed for
occupancy of the project.
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.
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
A final subdivision map shall be recorded prior to issuance of building permits for
vertical construction. Map shall include roadway dedications in fee title, grant of
public service easements, emergency access easements, and public access
easements including access to parcels 316-20-092 and 316-20-088.
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:
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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 waste terminals shall be provided for Recology
service trucks,including turning radii,roadway widths,backing distances,and
overhead clearances
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.
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.
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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.
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 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.
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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, or the most current approved diversion rate. 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 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,
unless approved otherwise by the Building Official.
81. PROJECT IMPLEMENTATION REQUIREMENTS
Compliance with the following Project Implementation Requirements shall ensure
that the Approved Plans dated March 23, 2022, as modified by the Applicant's
resubmissions, adhere to the requirements of Government Code Section 65913.4.
82. 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).
83. 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
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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.
84. CONSTRUCTION PHASING/ADHERENCE TO SB 35 TWO-THIRDS
RESIDENTIAL REQUIREMENT
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) and that at least 50 percent of residential units are affordable to
low income households, as defined in Government Code section 65913.4(k).
85. PROJECT MODIFICATIONS
Any requested project modification shall be processed according to subdivisions
(c), (d), and/or (g) of Government Code section 65913.4, as applicable. Any
proposed modification shall be reviewed for compliance with the requirements of
Government Code section 65913.4(a) and shall be denied if the proposed
modification fails to meet those requirements. The foregoing does not limit the
City's rights to take enforcement action,including permit revocation,if at any time
it is determined that the Project does not comply with these Conditions of
Approval or the requirements of Government Code section 65913.4.
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