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HomeMy WebLinkAboutAttachment C - Final Standard Permit Requirements 1 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, issued February 27, 2026. Where appropriate, City staff may defer compliance with specific Standard Project Requirements until it is determined to be reasonably related to and necessary for a particular construction or project phase. If timing for compliance is not specified, it shall be determined by the City Manager or her/his designee. 1. ACCURACY OF THE PROJECT PLANS The Applicant/property owner is responsible for verifying 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 February 26, 2026, and attached herewith for a mixed use project with: a. 2,669 residential units of which 356 units shall be affordable as outlined in condition #5 below. In addition, the residential uses shall be approximately 4,726,904 square feet but not less than 66.7% of the floor area of the project. b. Office uses shall be approximately 1,474,946 square feet. c. Retail uses shall be no less than and shall be approximately 226,644 square feet. Entertainment uses shall be no more than 30% of this total retail area (66,993 square feet). d. Office and Retail uses combined shall not exceed 33.3% of the floor area of the project. e. A total of 16 developable blocks connected by surface streets. f. A total of no more than 2,669 residential condominium units and 31 office/retail condominium units. g. Associated improvements as proposed, except as stated herein. 2 Building permits, including grading and demolition permits, must be obtained prior to commencement of construction. Building permit plans must substantially match the dimensions, floor plans and floor areas indicated in the approved plan set, and must include stamped and certified calculations of each type of authorized use (Residential, Office and Retail) by a Professional Architect or Engineer for verification by the City. 4. ADDITIONAL FLOOR PLAN DETAILS The project shall be constructed in the manner that substantially conforms to the approved plans. Minor modifications to the approved plans, including but not limited to any modification necessary to comply with Conditions #81 (Loading & Waste Management Entrances) and #82 (Frontage Road Design), may be approved under Municipal Code Chapter 19.164, subject to the limitations on discretionary review set forth in Government Code section 65913.4. 5. AFFORDABLE UNITS a. The Applicant shall provide 20% of the base yield for the project site (356 units) as affordable, of which 267 units shall be affordable to households making 50% below the area median income (Very Low Income units) and 89 units shall be affordable to units making 80% below the area median income (Low Income units). b. Of the 356 affordable units, the applicant shall provide 178 Very Low Income units and 89 Low Income units, for a total of 267 units for the City’s Below Market Rate (BMR) Housing Program (Municipal Code Chapter 19.172). This is deeper affordability for some City BMR units than required by the City’s BMR Program, which allows the Applicant to utilize certain provisions of State Density Bonus law. These 267 units shall be subject to the affordable rent and eligibility restrictions in the City's Below Market Rate Housing Mitigation Program Procedural Manual ("Procedural Manual"). All City 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 Master Affordable Housing Agreement (MAHA) that was executed on February 21, 2025. Should the MAHA expire/get revoked and/or the nullified for any reason, these 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 178 Very Low Income City BMR units from subsection (b) above. The remaining 89 3 Very Low Income units shall be affordable for a period of not less than 55 years and administered under the Master Affordable Housing Agreement that was executed on February 21, 2025. Should the MAHA expire/get revoked and/or nullified for any reason, these units shall be 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. The following table indicates affordable unit type, income levels, length of affordability, rents, and administration requirements. With respect administration of the affordable units, the City and Applicant may elect to establish project-specific administration programs and protocols, including the use of a single compliance manual and administering agency. Such project- specific administration may be further detailed through a master affordable housing agreement. City BMR State Affordable Income levels (≤ 50% AMI)(≤ 80% AMI)(≤ 50% AMI)(≤ 80% AMI) Number of affordable units 178 89 89 0 Term of Affordability 99 years 55 years Rent calculation Per MAHA. If MAHA not available for use, City Procedural and Administration Manual State Density Bonus Law Credit Allocation Committee (TCAC) Compliance Administration regulations Per MAHA. If MAHA not available for use, City Procedural and Administration Manual available, TCAC Compliance Manual except units subject to same preference program as in City Procedural and Administering Agency Per MAHA. If MAHA not available for use, City – available for use, Applicant. 4 City BMR State Affordable paid for by Applicant or successor auditor selected by the City and paid for by Applicant or e. The project is permitted the following total number of residential units in each block of the development: Affordable Units Market Rate Units Total Total 356 2,313 2,669 f. 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 Director of Community Development may approve modifications to the phasing plan provided that no modification may reduce the total number of affordable units constructed below 25% of the total number of units constructed. The units constructed shall include a proportional number of City BMR units relative to the total number of BMR units. In the event the Director approves a modification pursuant to this paragraph, the City may issue a certificate of 5 occupancy for a subsequent residential building only if it includes sufficient affordable units to satisfy the requirements of Government Code section 65913.4. In the event that the ministerial approval expires or is otherwise terminated pursuant to Government Code section 65913.4 prior to achieving such compliance, Applicant shall pay Below Market Rate Housing Mitigation In-Lieu Fees in an amount equivalent to the provision of the outstanding affordable units to meet the requirements of Section 65913.4. as determined in the BMR Housing Mitigation Program Procedural Manual. g. Pursuant to Health and Safety Code Section 17929, to the extent that the affordable units are provided in the same buildings as market rate units, 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. h. 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. 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). A Master Affordable Housing Agreement has been executed on February 21, 2025. Any future amendments to the MAHA or Declaration of Restrictive Covenants must be reviewed and approved by the City Attorney, in consultation with the Director of Community Development. 6. RESIDENTIAL KITCHENS The kitchen area within each unit shall be one contiguous floor area without any separation, such as doors or barriers. 7. SAFE PEDESTRIAN PATHS Building permit plans shall indicate clearly defined pedestrian paths in parking lots to provide a safe path to building entrances. 8. NON-RESIDENTIAL BELOW MARKET RATE HOUSING PROGRAM Pursuant to a Settlement Agreement and Release (“Agreement”) , dated July 10, 2024, between Vallco Property Owner LLC and the City of Cupertino, the City Council waived applicable Planning Impact Fees, any BMR Fee applicable to the Project, and any BMR Fee applicable to any modified SB 35 Project during the term of the Agreement, unless a BMR Fee would be due under the methodology set forth in 6 Exhibit D of the Agreement. Subsequently, on July 16, 2024, the City Council adopted Resolution No. 24-077 waiving BMR and Planning Fees for the Project. As the proposed modification has been requested during the term of the Agreement, the requirement to use the methodology as prescribed is applicable. Based on the applied methodology, no additional BMR fee is required with this proposed modification. 9. 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, with the exception of those fees waived by Resolution No. 24-077. Applicable fees are further clarified by the terms of the Settlement Agreement and Release (“Agreement”), dated July 10, 2024. Applicable fees shall be only those associated with the development for which the building permit is issued, and fees not tied to the issuance of a building permit for a specific phase of construction shall be due upon the issuance of the building permit for vertical construction (e.g., core and shell permit), unless otherwise stated in the Settlement Agreement. Fees, taxes and bonds, include, but not limited to: a. Building Permit Fees b. Third-party Consultant Costs plus any administration fees c. Benefit Payments, as stipulated by the Settlement Agreement d. Transportation Impact Fees e. Parkland Dedication Fees, as applicable under the Settlement Agreement. Parkland dedication fees for the affordable units included in the project are waived in compliance with the City’s BMR Procedural Manual. f. Storm Drain Fees g. Public Works plan review, encroachment permit, and grading permit fees and bond. Additional reviews of three or more will be charged hourly. On-site Grading Bond shall be in the amount of 100% of site grading and drainage improvements, including retaining walls and shoring facilities. h. Funding of Long Range Planning Activities in lieu of a Zoning/ Planning Municipal Code Fee, as stipulated by the Settlement Agreement 10. FORMATION OF A PROPERTY OWNERS’ ASSOCIATION Prior to issuance of the first building permit for vertical construction, one or more Property Owner’s Association shall be formed to maintain the common areas of the property, or a portion thereof consistent with the phasing of construction. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the City Attorney, the Director of Public Works and the Director of Community Development prior to recordation of the CC&Rs. The City’s review and approval of 7 the CC&Rs shall be limited to confirming that the following terms are incorporated into each Association’s CC&Rs: a. That members/board meetings shall be held at a minimum of once/year. b. The Association assessments shall cover, among other costs and expenses, the following: i. Maintenance of common area on the property including, but not limited to, private drives and roadways, hardscaping, parking, landscaping, stormwater treatment facilities, 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 amendment to the CC&Rs material to the condition or maintenance of the property or compliance with any Condition of Approval must be reviewed and approved by the City. d. Disbanding of the Association shall require City approval. Any alternative ownership and maintenance mechanism, which is equivalent to a property owner association structure, proposed by the Applicant may be approved by the Director of Community Development, subject to review by the City Attorney as to form and legality, the Director of Public Works and Planning staff to ensure compliance with the requirements of this condition. 11. 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 vertical construction of 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. 12. STREET AND ROAD CLOSURES During project operations, 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 other facilities proposed for street closures are subject to staff review and approval, as well as Fire Department approval to ensure compliance with requirements for fire and public safety access. Any proposed private street closures that will have an impact to multi-modal traffic flow within the public right-of-way shall be reviewed and approved by the Public 8 Works Department prior to the implementation of the closure. Traffic control measures proposed within the public right-of-way that are necessary to facilitate the onsite closures will require the issuance of an encroachment permit. Adjustments to the proposed private street closures may be required to the satisfaction of the Director of Public Works. 13. BUSINESS HOURS OF OPERATION Any office or commercial uses with hours of operation earlier than 7:00 a.m. or later than 11:00 p.m. must obtain Conditional Use Permits. 14. 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. 15. CONSTRUCTION AND DEMOLITION DEBRIS REQUIREMENTS All waste material generated from the demolition, site preparation, and construction of the project shall be recycled or otherwise diverted from landfill in accordance with the California Green Building Standards Code (CalGreen) and the Municipal Code. The Applicant shall provide documentation that waste materials generated met the minimum diversion rate of 65% identified in the CalGreen and Municipal Codes prior to final permit inspections. 16. 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, street construction, grading, underground utility, and demolition work, 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. 9 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 restrictions on construction, street construction, grading, underground utility, and demolition work. The Applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated. 17. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: a. Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d. Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. e. The Applicant shall incorporate the City’s construction best management practices into the building permit plan set. 18. 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. 19. FIRE DEPARTMENT AND EMERGENCY FIRE RESPONSE Within 90 days of project approval, the Applicant shall provide an evaluation of any projected impacts the proposed modification may have on its previously submitted “Response Time Study,” which was required under SCCFD Comment 1 for Project No. M-2023-002 dated 2/15/2024. If the evaluation shows the possibility of a negative impact, the Applicant shall provide an updated Response Time Study that analyzes 10 the modified project's additional demand on District resources and the resulting impact on the District’s ability to meet the Critical Response Time Standard using its existing resources for the modified project. If the updated Response Time Study shows that the District will be unable to meet its Critical Response Time Standard after the modified project is fully occupied, the Applicant shall prepare an Emergency Services Support Plan as required under SCCFD Comment 1 for Project No. M-2023-002 within 180 days The Applicant shall comply with the requirements in District Development Review Comments, Comment 1, which are incorporated by reference herein. Prior to preparation of the Response Time Study, the Applicant, District and City may mutually agree to an alternative agreement that resolves potential Project impacts, if any, on the District’s Critical Response Time Standard. 20. 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 work with the relevant City Department or third-party agency to ensure that the project complies, as reasonably determined by the applicable City Department or third-party agency, with all of the objective conditions and addresses comments and corrections set forth in the following: i. The Fire Department of Santa Clara County letter dated January 28, 2026, ii. The Public Works Department’s Environmental Services Division letter dated February 10, 2026, iii. The Cupertino Sanitary District letter dated December 9, 2025, and iv. The Public Works Department Development Services Division two letters dated January 19, 2024, including comments from City Surveyor, Giuliani & Kull, Inc., and letter dated January 7, 2026. c. The Applicant should consider comments from the Valley Transportation Authority letter dated January 19, 2024. 21. ENVIRONMENTAL HEALTH The Applicant shall obtain all necessary clearances from the Santa Clara County Department of Environmental Health (DEH) and/or other applicable environmental regulatory agencies. Soil-disturbing activity on any parcel subject to DEH oversight may commence only upon DEH clearance for such activity. 11 As noted in DEH staff’s letter dated September 13, 2024, due to the changes in then modified project (which also apply to the 2025 modification), DEH would review an SMP for horizontal grading work for the west side of the project only, while individual VIMS Design Reports for each of the 11 building parcels, shall be submitted for review and approval, after the proposed building design and schedule are known. DEH’s review for the east side of the site is ongoing and no approval by DEH has been issued for any construction work. 22. 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. 23. 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, unless Applicant otherwise demonstrates that expenditure cap of $100,000 has been reached. The final public art plans (including design) shall be reviewed by the Fine Arts Commission/Arts and Culture Commission during the building permit stage, in advance of final occupancy for the last structure/improvements that causes the cumulative valuation of the constructed portions of the project to reach $40,000,000, unless as otherwise approved by the City. Once approved by the Fine Arts Commission/Arts and Culture Commission, the public artwork shall be installed to the satisfaction of the City prior to final occupancy. 24. LANDMARK PLAQUE Applicant shall include two landmark plaques within the project, one on each side of Wolfe Road, in prominent, publicly accessible locations. Prior to the issuance of site improvement permits the locations, size and content of the plaques (in compliance with Policy LU-6.3) shall be submitted to the Director of Community Development for review and approval. Said plaques shall be installed and maintained by the applicant. 12 25. LANDSCAPE PROJECT SUBMITTAL(S) Prior to issuance of building permits for vertical construction of each building/phase with associated landscape improvements on the Block, 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(s) or Prescriptive Compliance Application(s) 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. 26. 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 Director of Community Development as part of the landscape documentation package. 27. 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 for each phase where associated landscape improvements are required. 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. 28. LANDSCAPE INSTALLATION REPORT(S) The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit(s) shall be conducted by a certified landscape professional after the landscaping and irrigation system(s) have been installed. The findings of the assessment(s) shall be consolidated into a landscape installation report(s). The landscape installation report(s) shall include, but not be limited to inspection to confirm that the landscaping and irrigation system(s) are installed as specified in the landscape and irrigation design plan(s), system tune-up, 13 system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule. The landscape installation report(s) 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.” 29. LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (Cupertino Municipal Code, Chapter 14.15), a maintenance schedule(s) shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package(s), with the landscape installation report(s), or any time before the landscape installation report(s) is/are 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. 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. 30. 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 for the relevant tenant improvements for restaurant(s). 31. 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. Such reports shall be provided prior to the issuance of core and shell building permits for each residential structure. 14 32. SIGNAGE Signage and location for signage is not approved with this Application. Signage shall conform to the City’s Municipal Code Chapter 19.104, as in effect at the time of the original project application, unless otherwise agreed to by the Applicant. 33. SIGN PROGRAM A sign program is not approved with this Application and is required for this project. The sign program shall be prepared by the Applicant for review and approval by the Director of Community Development, prior to issuance of any sign permits. 34. SCREENING All mechanical and other equipment on the building or on the site shall be screened so it is not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 35. TRASH MANAGEMENT PLAN A master Trash Management Plan shall be prepared by the Applicant. The plan shall demonstrate the project will meet all State and Municipal Code requirements for solid waste recycling and diversion. Plan will specify locations of trash enclosures/rooms, waste hauler circulation within the project, and methods of waste transportation within the project by the property owner, management, and residential and commercial occupants. A detailed plan shall be submitted to the City for review and approval prior to issuance of building permits for each phase/building. 36. TREE REMOVALS The removal of up to 640 Protected trees on site, as indicated on the plans, is approved. A tree removal permit must be obtained in the event additional on-site protected trees are proposed for removal. Tree replacements are required in compliance with Condition no. 39. 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. 15 37. TREE PROTECTION As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. This tree protection plan shall adhere to the recommendations of the City’s consulting arborist. In addition, the following measures shall be added to the protection plan: a. For trees on private property to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. b. No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. c. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City’s consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. d. Wood chip mulch shall be evenly spread inside the tree protection fence to a four- inch depth. e. Tree protection conditions shall be posted on the tree protection barriers. f. Retained trees shall be watered to maintain them in good health. g. A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City’s consulting arborist shall inspect the trees to be retained and/or transplanted and shall provide reviews prior to issuance of demolition, grading or building permits. Ongoing inspections by the City’s Consulting Arborist may be requested by the City, 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. 38. 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, or portion thereof, shall be returned after completion of construction of each building/phase, subject to a letter from the City’s Consulting Arborist indicating that the trees are in good condition. 16 39. 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. 40. TRANSFORMERS Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults, inside buildings, or as required by PG&E. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department for transformers located on private property and by the Director of Public Works for transformers located in the public right-of-way. Transformers shall not be located in the front or side building setback area, unless it is the only acceptable location allowed by PG&E. 41. UTILITY STRUCTURE PLAN Prior to issuance of building permits for vertical construction of each phase in which such improvements will be installed, 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. 42. 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’ 17 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. 43. TENTATIVE MAP The submitted modified tentative map is conditionally approved. The final subdivision map and the relevant permit-level design drawings shall be revised to address the comments raised in the letters from the Public Works Department Development Services Division as referenced in Condition #20, to the satisfaction of the City Engineer and City Surveyor prior to Final Map approval. 44. PUBLIC PARKLAND OPEN SPACE The proposed public parkland open spaces shall comply with the provisions of the Settlement Agreement. Prior to issuance of any permits necessary to construct the parks/public open space areas, the city, in coordination with the applicant, may present the park plan to a Parks and Recreation Commission Study Session and a City Council Study Session to receive their respective input. The applicant shall endeavor to incorporate elements of the City’s Parks and Recreation System Master Plan, dated February 2020 in the design of the parks and open spaces. 45. SUBDIVISION IMPROVEMENT AGREEMENT The Applicant shall enter into a Subdivision 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. If there are multiple phased Final Maps, the Applicant shall enter into a Subdivision Improvement Agreement for each phased 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, or as applicable per the Settlement Agreement. The Subdivision Improvement Agreement will require the following bonds: a. Faithful Performance Bond: 100% of Off-site Improvements b. Labor & Material Bond: 100% of Off-site Improvement 46. COMPLETION OF PUBLIC WORKS IMPROVEMENTS Public improvements necessary to implement the project shall be reviewed pursuant to Government Code section 65913.4(i)(3). Prior to entering into a Subdivision Improvement Agreement with the City of Cupertino, the Applicant shall have detailed plans of the improvements approved by the Director of Public Works and 18 shall provide a surety or guarantee covering the cost of all improvements to be completed within the City of Cupertino’s jurisdiction. The Subdivision 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 Subdivision 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. 47. ENCROACHMENT PERMIT REQUIRED The Applicant must obtain an encroachment permit from City prior to commencing any work within the right-of-way. 48. 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. 49. 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. 19 50. 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. 51. 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. 52. 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. 53. 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. 54. 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. 55. PEDESTRIAN AND BICYCLE IMPROVEMENTS The Applicant shall provide pedestrian and bicycle related improvements in connection with the issuance of any building permits that would require such improvements be installed (e.g., walkway and bicycle racks) consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Plan, and as approved by the Director of Public Works. 56. 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. 20 57. 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. 58. 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. 59. C.3 REQUIREMENTS The project shall comply with the Municipal Regional Stormwater NDPES Permit. 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 shall 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. 60. 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. 61. WORK SCHEDULE Within 60 days of project approval, and every 6 months thereafter or as requested by the City, the Applicant shall submit a work schedule to the City to show the timetable 21 for all grading/erosion control work, as well as work within the right of way, in conjunction with this project. 62. OPERATIONS & MAINTENANCE AGREEMENT The Applicant shall enter into an Operations & Maintenance Agreement with the City, which shall be reviewed and approved by the Director of Public Works, 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, stormwater treatment facilities, sidewalk, pavers, enhanced landscaping, any landscaping necessary to screen utility cabinets, street trees and streetlights. 63. 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 maintenance holes, 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. 64. 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 22 Control Devices which may be viewed at: https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_implem entation.html. The Applicant shall install trash capture devices and automatic retractable curb inlet screens in all storm drain inlets in the public right of way that are located adjacent to the project. 65. 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 the City’s Geotechnical Consultant, the costs which shall be borne by the Applicant. 66. 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. 67. BUS STOP LOCATIONS The Applicant shall install and/or improve bus shelters/trash receptacles along the Wolfe Road, Vallco Parkway and Stevens Creek Boulevard project frontages, at bus stop locations as approved by VTA. The placement and design of the bus shelters/trash receptacles at each bus stop location 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 • Concrete pad per VTA criteria • Illuminated line number sign • Passenger shelters • Benches • Trash receptacles • Real-time information panels • Schedule, fare, and service span information • Lighting 23 68. TRAFFIC CONTROL PLAN The Applicant shall 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 shall 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. 69. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 70. 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. 71. 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, and coordination with all interested jurisdictional agencies. 72. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Prior to issuance of any building permit that would require the construction of water facilities, provide a letter stating California Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers. 73. 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. 74. 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. 24 75. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. No building permits will be issued by the City for structures or units that would result in the permitted peak wet weather flow capacity through the Santa Clara sanitary sewer system being exceeded. The estimated sewage generation by the project shall be calculated using the sewer generation rates used by the San Jose - Santa Clara Water Pollution Control Plant Specific Use Code & Sewer Coefficient table, and from the City of Santa Clara Sanitary Sewer Capacity Assessment, May 2007, unless alternative (i.e., lower) sewer generation rates achieved by future development are substantiated by the developer based on evidence to the satisfaction of the Cupertino Sanitary District. 76. UTILITY EASEMENTS Clearance approvals from agencies and property owners that have interest in utility 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 new or abandoned easements needed for occupancy of the project. 77. 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. 78. 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. 79. FINAL SUBDIVISION MAP A final subdivision map shall be recorded prior to issuance of building permits for vertical construction. Map shall include public 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. The Final Map shall be substantially compliant with the conditionally approved Tentative Map as 25 determined by the City Engineer. The Applicant shall designate no more than two entities 1 to own and maintain all roadway parcels and shall, prior to the issuance of any certificate of occupancy for a developable block, convey each roadway parcel associated with the developable block to the designated entity and cause to be recorded an instrument restricting the separate conveyance of each of said roadway parcels. Prior to the issuance of a building permit for vertical construction of each building containing affordable residential units, the Applicant shall record declarations of restrictions sufficient to enforce occupancy and affordability restrictions on any parcel designated for the construction of affordable housing under the approved plans. 80. 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. 81. LOADING & WASTE MANAGEMENT ENTRANCES The proposed loading and waste management entrances along the frontage road shall be designed to provide adequate space for the designated trucks to park entirely within the private property. The frontage road shall not be used to accommodate idle or protruding trucks within the public right-of-way that would block bicycle, pedestrian and/or vehicular traffic. 1 The Applicant may elect to comply with this condition by creating (1) a single master association for the entire project; (2) separate master associations for the east and west sides of Wolfe Road; or (3) separate commercial and residential master associations for respectively covering commercial and residential properties. The Public Works Director may in their discretion approve a request for the designation of additional or alternative entities to own and maintain roadway parcels upon a showing that the requested designation does not interference with the operation or maintenance of public service easements, emergency access easements, and public access easements. 26 82. FRONTAGE ROAD DESIGN Prior to issuance of any building permit that would require the installation of the Wolfe Road frontage road, a final frontage road design shall be approved by the City Engineer that addresses the comments raised in the letters from Public Works Department Development Services Division dated January 19, 2024, as referenced in Condition #20. The City’s review and approval of the final frontage road design shall be conducted in accordance with the requirements of Government Code section 65913.4(i). 83. TRAFFIC SIGNALIZATION Signal phasing diagrams for intersections within the public right-of-way shall be provided to the Public Works Department for review and approval by the City Engineer consistent with the requirements of Government Code section 65913.4(i)(3) prior to issuance of any building permit that would require a new intersection in the public right-of-way. The Applicant shall demonstrate to the satisfaction of the City Engineer that signal phasing and other aspects of the design will conform to adopted City, state and federal standards and will not adversely impact the efficient, safe and orderly movement of vehicles, pedestrians, bicycles and transit along the public roadway. 84. STORM DRAIN INLETS All exterior storm drain inlets on the parcel must be clearly marked with, “No Dumping Flows to Creek” or “No Dumping Flows to Bay.” 85. 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. 86. 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. 87. PROJECT IMPLEMENTATION REQUIREMENTS Compliance with the following Project Implementation Requirements shall ensure that the Approved Plans, adhere to the requirements of Government Code Section 65913.4. 27 88. 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). 89. RESIDENTIAL AMENITY SPACES To ensure compliance with Government Code Section 65913.4(a)(2)(C), which requires two-thirds of the square footage of the development be designated for residential use, the use of and services offered within the residential amenity spaces is subject to review and approval by the Director of Community Development, prior to issuance of building permits. 90. 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)(ii)and that at least 20 percent of residential units are affordable to low income households, as required by 65913.4(a)(4)(B)(i)(III)(ia), at income levels as defined in Government Code section 65913.4(m)(2)(B). 91. PROJECT MODIFICATIONS Any requested project modification shall be processed according to subdivisions (c), (d), and/or (h) of Government Code section 65913.4, as applicable, the Settlement Agreement dated July 10, 2024, as applicable, and the Project Implementation Agreement, dated February 21, 2025. 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.