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ASA-2007-05b OFFICE OF THE CITY CLERK CUPERTINO CITY HALL 10300 TORRE AVENUE. CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223. FAX: (408) 777-3366 AU'gust 23, 2007 Clifford Chang 156 Chapin Lane Burlingame, CA 94010 Re: Consider Application Nos. U-2007-03, ASA-2007-05, TM-2008-07, TR-2007-03, EXC- 2007-08, Clifford Chang, 10100 N. Tantau, APN 316-19-061. (Continued from July 3): a) Use Pennit and Architectural Site Review to construct a 10,650 square foot retail building and one level parking garage on an existing office site b) Tentative Map to subdivide an existing 9.4-acre site into two parcels, approximately .9 and 8.4 acres respectively c) Tree Removal and replanting in conjunction with a proposed 10,650 square foot retail building and a one-level parking garage at an existing office site d) Exception to the Heart ohhe City Specific Plan for a front setback Dear Mr. Chang: At its August 21, 2007 meeting, the Cupertino City Council approved the project with the following additional conditions: · Require a retail parking management plan, which shall provide for retail employees to park in the garage, and provide highly-visible signage which says that retail customers can park anywhere; and provide bicycle parking in or around retail · Enhance pedestrian walkways - typically this is $25,000 per leg of crossing, and this developer would need to address two legs, so the amount would not exceed $50,000, which would be used for enhanced pedestrian crosswalks, possibly for adding a walk, a U - 2007-03 August 23,2007 2 lighted walk, or other enhancements as reviewed and directed by the public works department · Fees in the resolution shall reflect current rates instead of those shown in the staff report · Approved the removal of 54 trees and a replanting plan subject to the following condition: o Trees shall be maximized on site and developer shall replace as many trees onsite as possible, subject to the approval of the community development director The Use Permit conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY. DEVELOPMENT DEPT. APPROVED EXHIBITS The ilPproval is based on Exhibits submitted by Chang Architecture titled: "Tantau Retail and Parking Garage" consisting of 14 pages labeled pages C, AI-A4.1, PL-I, PL-2, CI-C4 and a colored rendering of the project, except as may be amended by the Conditions contained in this Resolution. DEVELOPMENT APPROVAL Approval is granted to construct a 10,852 square foot retail commercial building on Parcel 1 of the project site (northeast corner of Stevens Creek Blvd. and N. Tantau Ave.) and a 94- space, one-level parking structure on Parcel 2 ofthe project site. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 10,582 square feet of retail commercial allocation from the Heart of the City Specific Plan Area allocation. HEART OF THE CITY SETBACK EXCEPTION Approval is granted for a front yard setback exception from the Heart of the City Specific Plan requirements to allow the retail commercial building on Parcel I to have a minimum 32 feet 2 inch setback from Stevens Creek Boulevard and N. Tantau Avenue. PARKING The applicant shall provide a minimum of 594 parking spaces on site in accordance with the approved site plan. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed retail cOlmnercial building in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. U-2007-03 August 23, 2007 3 LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building pennits. The landscape plan shall provide the following: a. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stonnwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. b. Plant field grown size 'Fraxinus Americana' ash trees, or the largest size trees that can be accommodated within the "sawtooth" comers of the retail cOlmnercial building facing Stevens Creek Blvd. c. Provide a "green screen" around the perimeter of the parking garage that includes planting of trees and shrubs that will screen the garage. Existing redwood trees may suffice as the "green screen" along the rear elevation of the parking garage facing Interstate 280, unless the redwood trees are significantly pruned. If tlle redwood trees along the rear elevation are significantly pruned and do not provide adequate screening from Interstate 280, additional screening shall be required. PLAZA AREAS The applicant shall provide decorative pavement treatment in the plaza areas around the retail commercial building. The plaza area shall be widened in front of tlle retail COrrimercial building to allow portions of the plaza to extend out to the public right-of-way along N. Tantau A venue and Stevens Creek Boulevard. The plaza area shall incorporate use of a combination of decorative interlocking pavers and decomposed granite, rather than the broom and salt-finished concrete. SIDEWALKS d. e. Prior to final occupancy, the applicant shall repair or replace any portions of the sidewalk along N. Tantau Ave. in front of the project site that are in disrepair, as determined by the Director of Public Works. Prior to final occupancy, the applicant shall replace the entire sidewalk along Stevens Creek Blvd. Witll a minimum 6-foot wide sidewalk, in compliance with the Heart of the City Specific Plan requirements. SIGN PROGRAM A sign program shall be required for the new retail commercial building proposed on Parcel 1. BUILDING COLORS AND MATERIALS The building colors and materials shall be consistent with the materials board submitted by the applicant. U-2007-03 August 23, 2007 4 INGRESS/EGRESS EASEMENT The applicant shall record a deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels that share common driveways. The deed restriction shall provide for necessary reciprocal ingress and egress easement to and from the affected parcels. The easements shall be recorded prior to issuance of building pennits. MAINTENANCE AGREEMENT The applicant shall record a maintenance agreement subject to the approval of the City Attorney for the maintenance of the shared driveways by the property owners of each of the lots. RECIPROCAL PARKING The applicant shall record a reciprocal parking easement for the shared parking between Parcel 1 (new retail commercial building site) and Parcel 2 (existing two-story office complex with new parking structure), subject to the approval of the City Attorney prior to issuance of building permits. TREE REMOVAL The applicant is approved to remove a total of 54 trees on site in accordance with the arborist report submitted by Walter Levinson Consulting Arborist, dated January 21, 2007, that include 44 trees that will require removal due to the location of the new structures on site and 10 trees that are in poor or failing health. Trees identified as tree numbers 83, 84, A, B, 88, 89, 90, 91, and 92 shall be retained and protected on site, and shall not be removed as recommended in the arborist report. For any trees to be retained, the applicant shall follow protection measures for the retainment of these trees. TREE PROTECTION As part of the building pennit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: f. For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. g. No parking or vehicle parking shall be allowed under root zones, unless using buffers approved by the project arborist. h. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City Arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. 1. Tree protection conditions shall be posted on the tree protection barriers. J. Retained trees shall be watered to maintain them in good health. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building U-2007-03 August 23, 2007 5 pemlits. 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. TREE REPLACEMENT IN-LIEU FEE The applicant shall pay an in-lieu fee of $9,240 prior to issuance of building permits and upon effective adoption of the protected trees ordinance for the removal of 42 trees on site that cannot be replaced on site, unless additional replacement trees are planted on site in which case the in-lieu fee may be reduced accordingly. The in-lieu fee for each tree removal that Carulot be replaced on site shall be$220, based upon the purchase and installation cost of a replacement tree. SCREENING All mechanical and other equipment on the retail building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of COlllinunity Development prior to issuance of building permits. RESTAURANT ODOR ABATEMENT All new restaurants shall install odor abatement systems to reduce odor impacts from the restaurants to the adjacent COlllillunity. 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. TRASH AND DELIVERY ACTIVITIES A detailed refuge and truck delivery plan must be prepared by the applicant. The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building pemlits. Staging of construction and equipment shall not occur within 250 feet of any residential property. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to U-2007-03 August 23,2007 6 Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height pennitted by the zone in which the site is located. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 40 I Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or. Regional Water Quality Control Board as appropriate. DRAINAGE Drainage shall be provided to the satisfaction ofthe City Engineer. Pre- and post- development calculations must be provided to indicate whether additional storm water control measures are to be installed. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. U-2007-03 August 23, 2007 7 UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other 'related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, stonn drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction pennits. Fees: a. Checking & Inspection Fees: $ 6% of Off-Site hnprovement Cost or $3,540.00 minimum $ 6% of Site Improvement Cost or $2,060.00 mlmmUlll $ 2,000.00 $ 12,430.31 b. Grading P ermi t: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree ** N/A N/A By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC 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 improvements. - The fees described above are imposed based upon the CUlTent fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building pennit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. TRANSFORMERS Electrical transfonners, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. The transformer shall not be located in the front or side building setback area. U-2007-03 August 23,2007 8 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. Erosion and or sediment control plan shall be provided. STORMW A TER QUALITY GUIDELINES FOR DEVELOPMENT PROJECTS For a project creating or replacing 10,000 square feet or more of impervious surface, the applicant must fulfill the City's st0n11 water quality requirements, which includes but is not limited to a Stonn Water Management PlanlNotice. of Intent (NOI),. design and implementation of permanent stonn water treatment BMPs, BMP operation and maintenance responsibilities, and BMP inspection and reporting, EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. TRAFFIC SIGNAL IMPROVEMENTS The developer shall install traffic signal improvements at the Stevens Creek Blvd/Tantau and Vallco Parkway/Tantau intersections. The improvements include a new traffic signal controller cabinet, battery backup, and emergency vehicle pre-emption at Vallco Parkway/Tantau, and emergency vehicle pre-emption at Stevens Creek Blvd/Tantau. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall inClude a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Unifonn Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. REFUSE TRUCK ACCESS The developer must obtain clearance from the Enviromnental Programs Manager in regards to refuse truck access for the proposed development. The Architectural and Site Approval conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. U-2007-03 August 23, 2007 9 APPROVED EXHIBITS The approval is based on Exhibits submitted by Chang Architecture titled: "Tantau Retail and Parking Garage" consisting of 14 pages labeled pages C, Al-A4.l, PL-l, PL-2, Cl- C4 and a colored rendering of the project, except as may be amended by the Conditions contained in this Resolution. DEVELOPMENT APPROVAL Approval is granted to construct a 10,852 square foot retail commercial building on Parcell of the project site (northeast comer of Stevens Creek Blvd. and N. Tantau Ave.) and a 94-space, one-level parking structure on Parcel 2 of the project site. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 10,582 square feet of retail cOlllillercial allocation from the Heart of the City Specific Plan Area allocation. HEART OF THE CITY SETBACK EXCEPTION Approval is granted for a front yard setback exception from the Heart of the City Specific Plan requirements to allow the retail commercial building on Parcel I to have a minimum 32 feet 2 inch setback from Stevens Creek Boulevard and N. Tantau Avenue. PARKING The applicant shall provide a minimum of 594 parking spaces on site in accordance with the approved site plan. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed retail commercial building in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior' to issuance of building pennits. The landscape plan shall provide the following: b) The landscape plan shall include water conservation and pesticide reduction measures in confonnance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stomlwater Pollution Prevention and Watershed Protection, of the Cupeliino Municipal Code. c) Plant field grown size 'Fraxinus Americana' ash trees, or the largest size trees that can be acconnnodated within the "sawtooth" corners of the retail cOlllinercial building facing Stevens Creek Blvd. d) Provide a "green screen" around the perimeter of the parking garage that includes planting of trees and shrubs that will screen the garage. Existing redwood trees may suffice as the "green screen" along the rear elevation of the parking garage facing Interstate 280, unless the redwood trees are significantly pruned. If the U-2007-03 August 23,2007 10 redwood trees along the rear elevation are significantly pruned and do not provide adequate screening from Interstate 280, additional screening shall be required. PLAZA AREAS The applicant shall provide decorative pavement treatment in the plaza areas around the retail commercial building. The plaza area shall be widened in front of the retail cOlmnercial building to allow portions of the plaza to extend out to the public right-of- way along N. Tantau A venue and Stevens Creek Boulevard. The plaza area shall incorporate use of a combination of decorative interlocking pavers and decomposed granite, rather than the broom and salt-finished concrete. SIDEWALKS a. Prior to final occupancy, the applicant shall repair or, replace any portions of the sidewalk along N. Tantau Ave. in front of the project site that are in disrepair, as determined by the Director of Public Works. b. Prior to final occupancy, the applicant shall replace the entire sidewalk along Stevens Creek Blvd. with a minimum 6-foot wide sidewalk, in compliance with the Heart of the City Specific Plan requirements. SIGN PROGRAM A sign program shall be required for the new retail commercial building proposed on ParcelL BUILDING COLORS AND MATERIALS The building colors and materials shall be consistent with the materials board submitted by the applicant. INGRESS/EGRESS EASEMENT The applicant shall record a deed restriction and covenant running with the land, subject to approval of the City Attomey, for all parcels that share common driveways. The deed restriction shall provide for necessary reciprocal ingress and egress easement to and from the affected parcels. The easements shall be recorded prior to issuance of building pennits. MAINTENANCE AGREEMENT The applicant shall record a maintenance agreement subject to the approval of the City Attomey for the maintenance of the shared driveways by the property owners of each of the lots. RECIPROCAL PARKING The applicant shall record a reciprocal parking easement for the shared parking between Parcel 1 (new retail commercial building site) and Parcel 2 (existing two-story office complex with new parking structure), subject to the approval of the City Attomey prior to issuance of building pennits. U-2007-03 August 23,2007 11 TREE REMOVAL The applicant is approved to remove a total of 63 trees on site in accordance with the arborist report submitted by Walter Levinson Consulting Arborist, dated January 21, 2007, that include 53 trees that will require removal due to the location of the new structures on site and 10 trees that are in poor or failing health. Trees identified as tree numbers 83, 84, A, B, 88, 89, 90, 91, and 92 shall be retained and protected on site, and shall not be removed as recommended in the arborist report. For any trees to be retained, the applicant shall follow protection measures for the retaimnent of these trees. TREE PROTECTION As part of the building pennit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: c. For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. d. No parking or vehicle parking shall be allowed under root zones, unless using buffers approved by the project arborist. e. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City Arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. f. Tree protection conditions shall be posted on the tree protection barriers. g. Retained trees shall be watered to maintain them in good health. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building pennits. 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. TREE REPLACEMENT IN~LIEU FEE The applicant shall pay an in-lieu fee of $9,240 prior to issuance of building pennits and upon effective adoption of the protected trees ordinance for the removal of 42 trees on site that Call1iot be replaced on site, unless additional replacement trees are planted on site in which case the in-lieu fee may be reduced accordingly. The in-lieu fee for each tree removal that Call1iot be replaced on site shall be $220, based upon the purchase aIld installation cost of a replacement tree. SCREENING All mechanical and other equipment on the retail building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The. height ofthe screening shall be taller thaIl the height of the mechanical equipment that it is designed to screen. U-2007-03 August 23, 2007 12 The location of equipment and necessary screening shall be reviewed and approved by the Director of COlmnunity Development prior to issuance of building permits. 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 pennits. TRASH AND DELIVERY ACTIVITIES A detailed refuge and truck delivery plan must be prepared by the applicant. The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery schedules and routes. All trash facilities must be scr~ened 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 pennits. 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 and equipment shall not occur within 250 feet of any residential property. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition pennits. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Govemment Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Govemment Code Section 66020(a), has begun. If you fail to file a protest within tillS 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. U-2007-03 August 23,2007 13 CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioneq 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. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 pennits maybe required. Please contact Anny Corp of Engineers and/or Regional Water Quality Control Board as appropriate. DRAINAGE Drainage shall be provided to the satisfaction ofthe City Engineer. Pre- and post- development calculations must be provided to indicate whether additional stonn water control measures are to be installed. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval ofthe affected Utility provider and the City Engineer. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, stonn drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction pennits. Fees: a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or $3,540.00 minimum U-2007-03 August 23, 2007 14 b. Grading Permit: $ 6% of Site Improvement Cost or $2,060.00 mmllnum $ 2,000.00 $ 12,430.31 c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h.Street Tree ** N/A N/A By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: d. e. f. Faithful Performance Bond: 100% of Off-site and On-site hnprovements Labor & Material Bond: 100% of Off-site and On-site Improvement On-site Grading-Bond: 100% of site improvements. - The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building pennit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. The transfonner shall not be located in the front or side building setback area. 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. Erosion and or sediment control plan shall be provided. STORMWATER QUALITY GUIDELINES FOR DEVELOPl\1ENT PROJECTS For a project creating or replacing 10,000 square feet or more of impervious surface, the applicant must fulfill the City's stOIDl water quality requirements, which includes but is not limited to a Storm Water ManagementPlan/Notice of Intent (NOI), design and implementation of permanent storm water treatment BMPs, BMP operation and maintenance responsibilities, and BMP inspection and reporting. EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. U-2007-03 August 23,2007 15 TRAFFIC SIGNAL IMPROVEMENTS The developer shall install traffic signal improvements at the Stevens Creek Blvd/Tantau and Valleo Parkway/Tantau intersections. The improvements include a new traffic signal controller cabinet, battery backup, and emergency vehicle pre-emption at Vallco Parkway/Tantau, and emergency vehicle pre-emption at Stevens Creek Blvd/Tantau. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. The Tentative Map conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS The recommendation of approval is based on the Tentative Parcel Map titled: "Tentative Map, Retail and Parking Development, 10100 N. Tantau Avenue, Cuerptino Califomia" consisting of one sheet labeled C-Ol, prepared by AP Consulting Engineers dated March 10, 2007. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set f01ih herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Govemment Code Section 66020( d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby fmiher notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to GovenU11ent Code Section U-2007-03 August 23,2007 16 66020( a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. TREE PROTECTION As part of the building pennit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition to trees to be retained per the arborist report, the applicant shall also retain and protect trees identified as tree numbers 83, 84, A, B, 88, 89, 90, 91, and 92. In addition, the following measures shall be added to the protection plan: , h. For trees to b~ retained, chain link fencing and other root protection shall be installed around the dripline ofthe tree prior to any project site work. 1. No parking or vehicle parking shall be allowed under root zones, unless using buffers approved by the project arborist. J. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City Arborist shall be consulted before any trenching or root cutting beneath the drip line of the tree. k. Tree protection conditions shall be posted on the tree protection barriers. 1. Retained trees shall qe watered to maintain them in good health. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building pennits.. The bond shall be retumed after completion of construction, subject to a letter from the City Arborist indicating that the trees are in good condition. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards. as specified by the City Engineer. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to . adjoining properties, and shall be no higher than the maximum height pennirted by the zone in which the site is located. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. U-2007-03 August 23,2007 17 GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 pennits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post- development calculations must be provided to indicate whether additional stonn water control measures are to be installed. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, stonn drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction pennits. Fees: a. Checking & hlspection Fees: $ 6% of Off-Site hnprovement Cost or $3,540.00 minimum $ 6% of Site Improvement Cost or $2,060.00 m1l1unum $ 2,000.00 $ 12,430.31 b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree ** N/A N/A By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: g. Faithful Perfomlance BOli.d: 100% of Off-site and On-site Improvements U-2007-03 August 23,2007 18 h. Labor & Material Bond: 100% of Off-site and On-site Improvement 1. On-site Grading Bond: 100% of site improvements. - The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final 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. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. The transformer shall not be located in the front or side building setback area. 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. Erosion and or sediment control plan shall be provided. STORMW A TER QUALITY GUIDELINES FOR DEVELOPMENT PROJECTS For a project creating or replacing 10,000 square feet or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Stonn Water Management Plal1lNotice of Intent (NOn, design and implementation of permallent stonn water treatment BMPs, BMP operation and maintenance responsibilities, and BMP inspection and reporting. EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain matelials on site. Erosion control notes shall be stated on the plans. TRAFFIC SIGNAL IMPROVEMENTS The developer shall install traffic signal improvements at the Stevens Creek Blvd/Tantau and Valko Parkway/Tantau intersections. The improvements include a new traffic signal controller cabinet, battery backup, and emergency vehicle pre-emption at Vall co Parkway/Tantau, and emergency vehicle pre-emption at Stevens Creek Blvd/Tantau. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plall shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Unifonn Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. U-2007-03 August 23,2007 19 TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed developrn:ent. The tree removal conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVAL ACTION The applicant is approved to remove a total of 54 trees on site in accordance with the arborist report submitted by Walter Levinson Consulting Arborist, dated January 21, 2007, that include 44 trees that will require removal due to the location of the new structures on site and 10 trees that are in poor or failing health. Trees identified as tree numbers 83, 84, A, B, 88, 89,90,91, and 92 shall be retained and protected on site, and shall not be removed as recommended in the arborist report. For any trees to be retained, the applicant shall follow protection measures for the retaimnent of these trees. TREE PROTECTION As part of the building pemlit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: m. For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. n. No parking or vehicle parking shall be allowed under root zones, unless using buffers approved by the project arborist. o. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City Arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. p. Tree protection conditions shall be posted on the tree protection barriers. q. Retained trees shall be watered to maintain them in good health. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building pennits. The bond shall be returned after completion of construction, subject to a letter from the City Arborist indicating tllat the trees are in good condition. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code U-2007-03 August 23,2007 20 Section 66020( d) (1), these Conditions constitute written no1ie of a statement of the amount of such fees, and a description of the dedications, reservati OIl and other exactions. You are hereby further notified that the 90-day approval period in whih you may protest these fees, dedications, reservations, and other exactions, pursuant to Grernment Code Section 66020(a), has begun. If you fail to file a protest within this ~day period complying with all of the requirements of Section 66020, you will be legally band from later challenging such exactions. TREE REPLACEMENT IN-LIEU FEE The applicant shall pay an in-lieu fee of $9,240 prior to iruance of building pennits and upon effective adoption of the protected trees ordinance forthe removal of 42 trees on site that cannot be replaced on site, unless additional replacemGt trees are planted on site that would reduce the in-lieu fee. The in-lieu fee is based upon fe purchase and installation cost of $220 per tree removal for each tree that cannot be replacoon site. The exception conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE CfMMUNITY DEVELOPMENT DEPT. APPROVED EXHffiITS The approval is based on Exhibits submitted by Chang Archtcture titled: "Tantau Retail and Parking Garage" consisting of 14 pages labeled pages C, AlA4.1, PL-l, PL-2, CI-C4 and a colored rendering of the project, except as may be amendedby the Conditions contained in this Resolution. HEART OF THE CITY SETBACK EXCEPTION Approval is granted for a front yard setback exception frOI the Heart of the City Specific Plan requirements to allow the retail commercial building ollParcell to have a minimum 32 feet 2 inch setback from Stevens Creek Boulevard and N. Tatau Avenue. Please review conditions carefully. If you have any questias regarding the conditions of approval, please contact the Department of Community Deelopment at 408-777-3308 for clarification. Failure to incorporate conditions into your pIal set will result in delays at the plan checking stage. If development conditions require treelreservations, do not clear the site until required tree protection devices are installed. The conditions of project approval set forth herein may irlude certain fees, dedication requirements, reservation requirements, and other exactions. Pursualtt to Government Code Section 66020(d)(I), these conditions constitute written notice (a statement of the amount of such fees, and a description of the dedications, reservations,rnd other exactions. You are hereby further notified that the 90-day approval period in wli:h you may protest these fees, dedications, and other exactions, pursuant to Government Cod Section 66020(a), has begun. If you fail to file a protest within this 90-day period complyingwith all of the requirements of Section 66020, you will be legally barred from later challengin!such exactions. U-2007-03 August 23,2007 21 Any interested person, including the applicant, prior to seeking judicial review of the city co Ul1 cil 's decision in this matter, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed . must comply with municipal ordinance code &2.08.096. Sincerely: ~VJ- Grace Schmidt Deputy City Clerk cc: Community Development ASA-2007-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6464 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROV AL TO CONSTRUCT A 10,582 SQUARE FOOT RETAIL BUILDING AND ONE-LEVEL PARKING GARAGE ON AN EXISTING OFFICE SITE SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; and 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the Architectural and Site Review Chapter of the Cupertino Municipal Code; and 3) The proposed development is essentially consistent with the Heart of the City Specific Plan, except for the exception from front yard setbacks along Stevens Creek Boulevard and N. Tantau Avenue. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Architectural and Site Approval is hereby approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. ASA-2007-05 as set forth in the Minutes of the Planning Commission Meeting of June 12, 2007, and are incorporated by reference as though fully set forth herein. Resolution No. 6464 Page 2 ASA-2007-05 June 12, 2007 SECTION II: PROTECT DESCRIPTION Application No.: ASA-2007-05 Applicant: Clifford Chang Location: 10100 N. Tantau SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits submitted by Chang Architecture titled: "Tantau Retail and Parking Garage" consisting of 14 pages labeled pages C, Al- A4.1, PL-l, PL-2, CI-C4 and a colored rendering of the project, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROV AL Approval is granted to construct a 10,852 square foot retail commercial building on Parcell of the project site (northeast corner of Stevens Creek Blvd. and N. Tantau Ave.) and a 94-space, one-level parking structure on Parcel 2 of the project site. 3. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 10,582 square feet of retail commercial allocation from the Heart of the City Specific Plan Area allocation. 4. HEART OF THE CITY SETBACK EXCEPTION Approval is granted for a front yard setback exception from the Heart of the City Specific Plan requirements to allow the retail commercial building on Parcell to have a minimum 32 feet 2 inch setback from Stevens Creek Boulevard and N. Tantau Avenue. 5. PARKING The applicant shall provide a mInimUm of 594 parking spaces on site In accordance with the approved site plan. 6. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed retail commercial building in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. 7. LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building permits. The landscape plan shall provide the following: Resolution No. 6464 Page 3 ASA-2007-05 June 12, 2007 a. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. b. Plant field grown size 'Praxinus Americana' ash trees, or the largest size trees that can be accommodated within the "sawtooth" corners of the retail commercial building facing Stevens Creek Blvd. c. Provide a "green screen" around the perimeter of the parking garage that includes planting of trees and shrubs that will screen the garage. Existing redwood trees may suffice as the" green screen" along the rear elevation of the parking garage facing Interstate 280, unless the redwood trees are significantly pruned. If the redwood trees along the rear elevation are significantly pruned and do not provide adequate screening from Interstate 280, additional screening shall be required. 8. PLAZA AREAS The applicant shall provide decorative pavement treatment in the plaza areas around the retail commercial building. The plaza area shall be widened in front of the retail commercial building to allow portions of the plaza to extend out to the public right-of-way along N. Tantau Avenue and Stevens Creek Boulevard. The plaza area shall incorporate use of a combination of decorative interlocking pavers and decomposed granite, rather than the broom and salt-finished concrete. 9. SIDEWALKS 1. Prior to final occupancy, the applicant shall repair or replace any portions of the sidewalk along N. Tantau Ave. in front of the project site that are in disrepair, as determined by the Director of Public Works. 2. Prior to final occupancy, the applicant shall replace the entire sidewalk along Stevens Creek Blvd. with a minimum 6-foot wide sidewalk, in compliance with the Heart of the City Specific Plan requirements. 10. SIGN PROGRAM A sign program shall be required for the new retail commercial building proposed on Parcell. 11. BUILDING COLORS AND MATERIALS The building colors and materials shall be consistent with the materials board submitted by the applicant. 12. INGRESS/EGRESS EASEMENT The applicant shall record a deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels that share common driveways. The deed restriction shall provide for necessary reciprocal ingress Resolution No. 6464 Page 4 ASA-2007-05 June 12, 2007 and egress easement to and from the affected parcels. The easements shall be recorded prior to issuance of building permits. 13. MAINTENANCE AGREEMENT The applicant shall record a maintenance agreement subject to the approval of the City Attorney for the maintenance of the shared driveways by the property owners of each of the lots. 14. RECIPROCAL PARKING The applicant shall record a reciprocal parking easement for the shared parking between Parcell (new retail commercial building site) and Parcel 2 (existing two- story office complex with new parking structure), subject to the approval of the City Attorney prior to issuance of building permits. 15. TREE REMOVAL The applicant is approved to remove a total of 63 trees on site in accordance with the arborist report submitted by Walter Levinson Consulting Arborist, dated January 21, 2007, that include 53 trees that will require removal due to the location of the new structures on site and 10 trees that are in poor or failing health. Trees identified as tree numbers 83, 84, A, B, 88, 89, 90, 91, and 92 shall be retained and protected on site, and shall not be removed as recommended in the arborist report. For any trees to be retained, the applicant shall follow protection measures for the retainment of these trees. 16. TREE PROTECTION As part of the building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: 1. For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. 2. No parking or vehicle parking shall be allowed under root zones, unless using buffers approved by the project arborist. 3. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City Arborist shall be consulted before any trenching or root cutting beneath the drip line of the tree. 4. Tree protection conditions shall be posted on the tree protection barriers. 5. Retained trees shall be watered to maintain them in good health. 17. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building permits. The bond shall be returned after completion of Resolution No. 6464 Page 5 ASA-2007-05 June 12, 2007 construction, subject to a letter from the City Arborist indicating that the trees are in good condition. 18. TREE REPLACEMENT IN-LIEU FEE The applicant shall pay an in-lieu fee of $9,240 prior to issuance of building permits and upon effective adoption of the protected trees ordinance for the removal of 42 trees on site that cannot be replaced on site, unless additional replacement trees are planted on site in which case the in-lieu fee may be reduced accordingly. The in-lieu fee for each tree removal that cannot be replaced on site shall be $220, based upon the purchase and installation cost of a replacement tree. 19. SCREENING All mechanical and other equipment on the retail building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 20. 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 1;>e 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. 21. TRASH AND DELIVERY ACTIVITIES A detailed refuge and truck delivery plan must be prepared by the applicant. The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 22. 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 and equipment shall not occur within 250 feet of any residential property. 23. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide Resolution No. 6464 Page 6 ASA-2007-05 June 12,2007 evidence that materials will be recycled prior to issuance of final demolition permits. 24. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020( d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 25. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 26. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed In accordance with grades and standards as specified by the City Engineer. 27.STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 28.FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 29.GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. Resolution No. 6464 Page 7 ASA-2007-05 June 12, 2007 30.DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post-development calculations must be provided to indicate whether additional storm water control measures are to be installed. 31.FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. 32.UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 33.IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or $3,540.00 minimum $ 6 % of Site Improvement Cost or $2,060.00 minimum $ 2,000.00 $ 12,430.31 b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree ** NjA NjA By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC 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 improvements. Resolution No. 6464 Page 8 ASA-2007-05 June 12, 2007 -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 34.TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. The transformer shall not be located in the front or side building setback area. 35.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. Erosion and or sediment control plan shall be provided. 36.STORMW ATER QUALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing 10,000 square feet or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management Plan/Notice of Intent (NOI), design and implementation of permanent storm water treatment BMPs, BMP operation and maintenance responsibilities, and BMP inspection and reporting. 37.EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 38.TRAFFIC SIGNAL IMPROVEMENTS The developer shall install traffic signal improvements at the Stevens Creek Blvd/Tantau and Valko Parkway /Tantau intersections. The improvements include a new traffic signal controller cabinet, battery backup, and emergency vehicle pre-emption at Valko Parkway /Tantau, and emergency vehicle pre- emption at Stevens Creek Blvd/Tantau. 39.TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Resolution No. 6464 Page 9 ASA-2007-05 June 12, 2007 Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 40.TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. 41.REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. PASSED AND ADOPTED this 12th day of June 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chairperson Giefer, Vice Chair Chien, Miller Wong, Kaneda COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none ATTEST: APPROVED: I s/Steve Piasecki Steve Piasecki Director of Community Development Is/Lisa Giefer Lisa Giefer, Chair Planning Commission for the approved plan sets See file #U-2007-03