90 day letter.pdfCITY OF
IM
CUPERTINO
June 22, 2018
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
Via Electronic and Regular Mail
Reed Moulds, Managing Director
Sand Hill Property Company
965 Page Mill Road
Palo Alto, CA 94304
Re: Vallco Town Center SB 35 Application
Dear Mr. Moulds,
Thank you for your submittal of the "Vallco Town Center Project Application
Pursuant to SB 35" on March 27, 2018, and updated supplemental documentation
submitted on June 1 and June 19, 2018 ("Project Application"). This letter serves as
a determination of whether the Project Application is eligible for streamlined,
ministerial review process pursuant to SB 35 (Government Code Section
65913.4(b)(1)(B)) within 90 days from the date the Project Application was
submitted. This determination is based on the materials in the Project Application
and information in the public domain available to the City as of the date of this
letter.
I. ELIGIBILITY FOR STREAMLINED, MINISTERIAL REVIEW
SB 35 creates a streamlined, ministerial approval process for certain multifamily
housing developments, if they meet the requirements of Government Code
Section 65913.4. Once eligibility within the 90 -day period is determined, the
eligible project will still be required to undergo development approval processes
under SB 35 and applicable City requirements.
The requirements of SB 35 are listed in the following table with a determination of
whether the Project Application meets those requirements.
Eligibility Requirements
Yes
No
1. Has HCD determined that the local agency is subject to SB 35?
❑x
❑
Yes, HCD's determination regarding SB 35 eligibility for all
jurisdictions in California is available online at:
httj2://www.hcd.ca.gov/12olicy-research/lhj2.shtml)
2. Is the project a multifamily housing development (2 or more
❑x
❑
residential units)?
Yes, the proposed project is a mixed use development with 2,402
residential units and therefore, qualifies as a multi-family housing
development.
3. Has the applicant dedicated the applicable minimum percentage
❑x
❑
of units in the project to households making below 80% of the area
median income?
Yes, HCD has identified the City of Cupertino as a "50% Affordable
Housing jurisdiction" for purposes of SB 35 streamlining and
ministerial review. Additional information is available online at:
http://www.hcd.ca.gov/policy-research/lhp.shtml.
The Project Application includes 2,402 dwelling units, of which
50% (1,201 units) are affordable to very-low income and low
income households earning annual incomes less than 80% of the
Area Median Income.
4. If the site is in a city, is a portion of the city designated by the
N
❑
United States Census Bureau as either an "urbanized area" or
"urban cluster," or, if the is in an unincorporated area, is the parcel
entirely within the boundaries of "urbanized area" or "urban
cluster"?
Yes, the U.S. Census data identifies the City of Cupertino as being
a part of the San Jose urbanized area.
Additional information is available online at:
htti2s://www.census.gov/geo/mal2s-daila ma s 2010ua.html.
Eligibility Requirements
Yes
No
5. Does at least 75% of the perimeter of the site adjoin parcels
❑x
❑
currently or formerly developed with "urban uses"?
California Government Code Section 65913.4(h)(8) defines "urban
uses" to mean any current or former residential, commercial,
public institutional, transit or transportation passenger facility, or
retail use, or any combination of those uses.
The site at which the development is proposed is adjacent to
residential uses to the west, commercial uses across Stevens Creek
Boulevard to the south, residential mixed-use and office uses
across N. Wolfe Road to the east, a hotel (under construction) to the
northeast and a parking lot to the northwest. Therefore, more than
75% of the perimeter of the site adjoin parcels currently developed
with "urban uses" as defined in Government Code Section
65913.4(h)(8).
6. Does the site have either zoning or a general plan designation
❑x
❑
that allows for residential use or residential mixed-use
development and does the development designate at least two-
thirds of the square footage for residential use?
Residential or Mixed Use Designation:
The Cupertino General Plan: Community Vision 2015 — 2040
identifies the parcels at the project site as the Vallco Shopping
District Special Area which has the following General Plan land use
designation: Commercial/Office/Residential. This land use
designation allows mixed-use developments with commercial,
(including retail and hotel uses), office and residential uses.
The current zoning of the property is Planned Development with
General Commercial uses (P(CG)) south of Vallco Parkway and
Planned Development with Regional Shopping uses (P(Regional
Shopping)) north of Vallco Parkway. While the zoning does not
allow residential uses, the General Plan designation allows for a
mix of uses including residential.
Government Codes section 65913.4(a)(5)(B) provides that in the
event an objective zoning standard (here, the zoning designation)
Eligibility Requirements
Yes
No
is mutually inconsistent with an objective general plan standard
(here the General Plan land use designation), the general plan
designation prevails. The project proposes a mixed use
development with residential, commercial and office uses.
Therefore, the proposed project is consistent with the General Plan
land use designation allowing a mix of uses, including residential.
Two-thirds Requirement:
SB 35 requires that two-thirds of the square footage of a proposed
development be designated for residential use. The definition of
"floor area" in the Cupertino Municipal Code Section 19.08.030(F)
is being used to determine what percentage of the proposed
development is designated for residential use. The Municipal Code
defines "floor area" to mean "the total area of all floors of a
building measured to the outside surfaces of exterior walls, and
including the following:
1. Halls;
2. Base of stairwells;
3. Base of elevator shafts;
4. Services and mechanical equipment rooms;
5. Interior building area above fifteen feet in height between
any floor level and the ceiling above;
6. Basements with lightwells that do not conform to Section
19.28.070(I);
7. Residential garages;
8. Roofed arcades, plazas, walkways, porches, breezeways,
porticos, courts, and similar features substantially enclosed
by exterior walls;
9. Sheds and accessory structures.
"Floor area" shall not include the following:
1. Basements with lightwells that conform to Section
19.28.070(I);
2. Lightwells;
3. Attic areas;
Eligibility Requirements
Yes
No
4. Parking facilities, other than residential garages, accessory
to a permitted conditional use and located on the same site;
5. Roofed arcades, plazas, walkways, porches, breezeways,
porticos, courts and similar features not substantially
enclosed by exterior walls."
Cupertino Municipal Code Section 19.08.030(A) defines an "attic"
to mean "an area between the ceiling and roof of a structure, which
is unconditioned (not heated or cooled) and uninhabitable."
Therefore, mechanical electrical and other areas between the
ceiling and roof are not included in the calculation of floor area.
Cupertino Municipal Code Section 19.08.030(F) defines "first floor"
to mean "that portion of a structure less than or equal to twenty
feet in height, through which a vertical line extending from the
highest point of exterior construction to the appropriate adjoining
grade, passes through one story."
Based on a review of the March 27 plans and supplemental
information, the residential and non-residential floor areas have
been appropriately designated.
The Project Application complies with this requirement of SB 35 by
proposing a mixed -used residential development consistent with
General Plan land use designation and Municipal Code definitions
with at least 2/3rds of the area designated for residential use as
follows:
Land Use
Square Footage
% of Total
Residential
4,961,904
66.8
Office
1,981,447
26.7
Retail
485,912
6.5
TOTALS
7,429,263
100
7. Does the project involve a subdivision of land and the
❑x
❑
development is subject to a requirement that prevailing wages will
be paid and a skilled and trained workforce will be used?
The Project Application includes a tentative map to allow the
subdivision of the parcels on the site into up to 2,500
condominiums (air parcels). In addition, the applicant, has certified
Eligibility Requirements
Yes
No
that the project will be subject to the applicable requirements of
California Government Code Section 65914.3(a)(8) related to the
payment of the general prevailing rate of per diem wages for all
construction workers and that a skilled and trained workforce will
be used.
8. Does the project meet density requirements, "objective zoning
❑x
❑
standards," and "objective design review standards"?
Density:
The project meets the maximum allowable General Plan density for
the site. The project is located on 50.822 acres, prior to dedication
of required right-of-way to accommodate frontage improvements.
Based on the City's General Plan, the maximum allowed density is
35 dwelling units per acre for a maximum residential yield of
1,778.77 units. While ordinarily the City rounds down the unit
count to disallow fractional units, since the applicant is applying
for a density bonus (discussed further below), all components of
the density calculations must be rounded up pursuant to the
requirements of state Density Bonus Law. In this case, the base
maximum residential yield would be 1779 units.
Objective Zoning Standards:
The General Plan contemplates the preparation of a specific plan
for the project site. The specific plan is expected to include zoning
standards. The draft specific plan is being prepared and was not
adopted as of the date the Project Application was submitted to the
City. Only those objective planning standards in effect at the time
the Project Application was submitted to the City can be applied to
the project (Government Code Section 65913.4(a)(5)). As a result,
there is no specific plan applicable to the Project Application.
There is a zoning designation for the project site which is
inconsistent with the General Plan land use designation. Therefore,
under Government Code Section 65914.3(a)(5)(B), where there is a
conflict between the General Plan and zoning, the standards in the
General Plan prevail. As stated above, the Project Application is
consistent with the land use designation in the General Plan. In
addition, the Project Application provides adequate information at
Eligibility Requirements
Yes
No
this stage of the review to determine if it is consistent with the
objective zoning standards in the Landscape Ordinance and Green
Building Ordinance. During the next 90 days allowed under SB 35,
the applicant shall provide additional information to assure
compliance with these applicable objective development standards
and their implementation.
The Community Form Diagram (Figure LU -2) in the Land Use
Element of the General Plan identifies the heights within each of
the Special Areas and Neighborhoods within the City. For the
Vallco Shopping District Special Area, the Community Form
Diagram identifies the Maximum Height to be "Per Specific Plan."
However, since a specific plan has not been adopted for this Special
Area, there are no applicable height limits. Therefore, the Project
Application, at a maximum height of up to 2497' (including the
elevator overrun,) conforms to the General Plan.
In addition to maximum heights, the Community Form Diagram
also identifies Building Planes a project must meet. Figure LU -2
states as a foot note: "Maintain the primary building bulk below a
1:1 slope line drawn from the arterial/boulevard curb line or lines
except for the Crossroads Area" and "For the North and South
Vallco Park areas (except for the Vallco Shopping District Special
Area): Maintain the primary building bulk below a 1.5:1 (i.e., 1.5
feet of setback for every 1 foot of building height) slope line drawn
from the Stevens Creek Blvd. and Homestead Road curb lines and
below 1:1 slope line drawn from Wolfe Road and Tantau Avenue
curb line." The proposed project meets this standard by
maintaining the 1:1 slope line for all proposed buildings from the
arterial/boulevard curb line.
Objective Design Review Standards
There are no specific "objective design review standards" for this
site (e.g., architectural design standards). However, there are
standard project requirements that are broadly applicable to
development within the City (for example, standards that relate to
streets). As allowed by SB 35, these standards will be applied to
the project Application and are contained in Attachment B.
Eligibility Requirements
Yes
No
9. Is the project outside of each of the following areas (the full text
❑x
❑
of the criterion listed below can be found in Section 65913.4(a)(6)?
• Coastal zone — Yes, the project site is outside a coastal zone. The City
of Cupertino's General Plan does not identify any portions of the City
within a Coastal Zone.
• Prime farmland or farmland of statewide importance — Yes, the
project site is outside a prime farmland or farmland of statewide
importance. The City of Cupertino's General Plan does not identify
any portions within the City to be prime farmland or farmland of
statewide importance.
• Wetlands as defined under federal law — Yes, the project is
outside any wetlands as defined under federal law. There are no
wetlands as defined under federal law identified on the project site.
• High or very high fire hazard severity zones — Yes, the project
site is outside the high or very high fire hazard severity zones. The
high or very high fire hazard severity zones are identified in Chapter
16.74 of the Municipal Code.
• Hazardous waste site — Yes, the site is outside a hazardous waste
site. SB 35 references CA Health and Safety Code Section 65962.5
and 25356. The sites listed pursuant to CA HSC Section 25356 are a
subset of the sites listed pursuant to CA HSC 65962.5. Background,
history and detailed explanation of Government Code Section
65962.5 is provided by the California Environmental Protection
Agency (CalEPA) online at:
htt-ps:Hcale-pa.ca.gov/sitecleanu-p/corteselist/Background/
The Cortese list databases list cleanup sites from multiple sources
including the Department of Toxic Substance Control (DTSC) and
the State Water Resources Control Board (SWRCB).
The DTSC Envirostor database is available online at:
https://www.envirostor.dtsc. ca.gov/public/map/?miyaddress=cuperti
no This database does not indicate any cases on the project site.
Therefore, no clearance is required from DTSC for the project site.
The SWRCB Geotracker database is available online at:
http:Hgeotracker.waterboards. ca.gov/map/?CMD=runreport&m uad
dress=cupertino. CalEPA's website states that "sites that are no
longer considered "active" because the Water Board, a regional board,
Eligibility Requirements
Yes
No
or the County has determined that no further action is required
because actions were taken to adequately remediate the release, or
because the release was minor, presents no environmental risk, and
no remedial action is necessary, are listed as "closed" or deleted from
the list." (Online at:
https:Hcalepa. ca.gov/sitecleanup/corteselist/section-65962-5c/)
The Geotracker database does not indicate any active Leaking
Underground Storage Tanks (LUSTS) cases at the project site. It
indicates two "closed" Leaking Underground Storage Tanks (LUSTS)
cases at the former Sears and JC Penney Automotive centers for which
closure letters were issued by the Santa Clara Valley Water District
(SCVWD). The letters, issued in 1994 and 1999 respectively, indicate
that there are no restrictions on changes to the land use at these sites.
The closure letters are available online at (Click on Tab for "Site
MapslDocuments "):
https:llgeotracker.waterboards.ca.gov/profile report. asp?global id=
T0608552828.
https:llgeotracker.waterboards.ca.gov/profile report.asp?global id=
T0608500770.
Note: DTSC is not responsible for monitoring or inspecting LUSTS
and therefore, no clearance from DTSC is necessary.
• Earthquake fault zones in an official map published by the
State Geologist, unless the development complies with state
seismic protection building code standards and by local
building standards. — Yes, the project site is outside earthquake
fault zones and will comply with applicable state seismic protection
building code standards and local building standards.
• FEMA designated flood plain or floodway — Yes, the project site
is outside a FEMA designated flood plain or floodway.
• Lands designated for conservation in a habitat conservation
plan — Yes, the project site is outside lands designated for
conservation in a habitat conservation plan.
• Protected species habitat — Yes, the project site is outside any
protected species habitat.
• Lands under a conservation easement — Yes, the project site is
outside lands under a conservation easement.
Eligibility Requirements
Yes
No
• Require demolition of (a) housing subject to recorded rent
restrictions, (b) housing subject to rent control, (c) housing
occupied by tenants within past 10 years, or (d) an historic
structure placed on a local, state, or federal register —Yes, the
project site is outside an area that would involve the demolition of any
housing subject to rent restriction, rent control or occupied by tenants
in the past 10 years or an historic structure placed on a local, state or
federal register. The site has historically been used and operated as a
regional mall. There has never been any housing located on the project
site. While the site is identified as a "Community Landmark" in the
City's General Plan, the site does not contain an "historic structure
that was placed on a national, state or local historic register" as
referenced in SB 35.
• Previously contained housing occupied by tenants that was
demolished within past 10 years — Yes, the project site is outside
an area that previously contained housing occupied by tenants that
was demolished within the past 10 years. The site has historically been
used and operated as a regional mall.
• Land governed by the Mobilehome Residency law, the
Recreational Vehicle Park Occupancy Law, the Mobilehome
Parks Act, or the Special Occupancy Parks Act. — Yes, the project
site is outside land governed by the Mobilehome Residency law, the
Recreational Vehicle Park Occupancy Law, the Mobilehome Parks
Act, or the Special Occupancy Parks Act The project site has
historically been used and operated as a regional mall. There has never
been any housing, mobile or otherwise, located on the project site.
Therefore, the site is not governed by any of the laws and Acts
identified.
10. Has the project proponent certified that either that the entire
0
❑
development is a "public work" for purposes of the prevailing
wage law or that the construction workers will be paid at least the
prevailing wage?
The applicant has committed in its Project Application that all
construction workers will be paid at least the prevailing wage. The
City shall obtain this written certification prior to approving the
project in accordance with SB 35 and City permitting procedures.
10
Eligibility Requirements
Yes
No
11. Has the project proponent certified that "a skilled and trained
❑x
❑
workforce" will be used to complete the development, if the
requirement is applicable?
California Government Code 65914.3(a)(8)(B)(ii) defines a skilled
and trained workforce for purposes of this section to have "the
same meaning as provided in Chapter 2.9 (commencing with
Section 2600) of Part 1 of Division 2 of the Public Contract Code."
The applicant has affirmed in the Project Application that it will
use skilled and trained workforce to complete the development.
The City shall obtain this written certification prior to approving
the project in accordance with SB 35 and City permitting
procedures.
Based on review of the Project Application and available information to the City
and as demonstrated in the "Eligibility Requirements" table above, the Project
Application is eligible for streamlined, ministerial review under SB 35.
II. STATE DENSITY BONUS LAW
The Project Application is seeking an increase in residential density under the
Density Bonus Law.
The residential "base" density under the General Plan allows 1,779 units. The
project is proposing a total of 2,402 units. Because the project proposes 50% of the
total units as affordable, the project qualifies for a 35% density bonus under the
Density Bonus Law. The project proposes 1,210 units as affordable (360 very low
income and 841 low income units). This 35% density bonus results in 623
additional units for a total of 2,402 units. The application of the Density Bonus Law
is further explained below.
a. Density Bonus:
The project is located on 50.822 acres prior to dedication of required right-of-way
to accommodate frontage improvements. Based on the City's General Plan, the
maximum allowed density is 35 dwelling units per acre for a maximum residential
yield of 1,778.77 units. While ordinarily the City rounds down the unit count to
disallow fractional units, since the applicant is applying for a density bonus, all
components of the density calculations must be rounded up pursuant to the
11
requirements of state density bonus law. In this case, the base maximum
residential yield would be 1,779 units.
The proposed project includes 360 units (20% of the units) affordable to
households making 50 percent of the area median income (very -low income
households) and 841 units (47% of the units) affordable to households making 80
percent of the area median income, making the project eligible for the maximum
density bonus of 35%, which allows an additional 622.65 market -rate units
(rounded up to 623 units for purposes of density bonus) within the project.
Therefore, the project is allowed a total of 2,402 units in accordance with state
density bonus law.
b. IncentiveslConcessions:
In accordance with the state Density Bonus Law, when a project provides a certain
percentage of affordable housing, the city must grant incentives or concessions
requested by the developer. The concession categories that relate to the project site
include 1) a reduction in site development standards or a modification of zoning
code requirements or architectural design requirements, which result in
identifiable and actual cost reductions to provide for affordable housing costs or
affordable rents as determined by state law, or 2) other regulatory incentives or
concessions proposed by the developer or city that result in identifiable and actual
cost reductions to provide for affordable housing costs, or for rents for the
specified targeted units. Since the proposed project proposes 15% of the total units
allowed in the project (360 units) affordable to households making 50 percent of
the area median income, it is eligible for three incentives or concessions pursuant
to the Density Bonus Law.
The SB 35 application requests two concessions as follows:
1. Relief from the requirement in Cupertino Municipal Code section 19.56.050.G
for affordable units to be of an identical design as the market rate units; and
2. Relief from the minimum amount of retail square footage required in the
General Plan of 600,000 square feet (the project proposes 400,000 sq. ft.).
In addition, the project description in the March 27 submittal states for the third
concession that, "If the City properly identifies an inconsistency with an objective
zoning standard and waiving that standard would achieve cost reductions, this
final concession is reserved for such purposes."
Based on the supplemental information submitted on June 1 and 19, 2018 wherein
a more detailed explanation was provided regarding the concession relating to the
12
BMR units, the City has determined that two separate concessions are required.
Thus, a total of three concessions are required for the project as proposed:
1. A concession to allow the affordable units to be studios and one bedroom units
instead of a mix of units comparable to the units within the development
pursuant to BMR Housing Mitigation Procedure Manual Section 2.3.4 (A);
2. A concession to allow the studio and one bedroom affordable units to be
smaller in size than the studio and one bedroom market rate units pursuant to
BMR Housing Mitigation Procedure Manual Section 2.3.4 (B); and
3. A concession to allow 400,000 square feet of retail, a reduction of 200,000 square
feet, where 600,000 square feet is required in the General Plan pursuant to
Strategy LU -19.1.4.
III. ADDITIONAL ITEMS REQUIRED
While the City has determined within the prescribed 90 -day period under SB 35
that the Project Application is eligible for streamlined, ministerial review, the
applicant shall be required to submit additional information as identified in
Attachment A in order for the City to confirm the proposed project as it relates to
the applicable objective planning standards will be properly implemented. The
items identified in Attachment A and any additional items shall be submitted in a
timely manner to ensure that the City can adequately conduct this review within
the 91-180 day review period.
In addition, please find attached Attachment B which contains the standard project
requirements that are broadly applicable to development within the City and thus,
will be applied to the proposed project.
The City will make a final determination on the project within the 180 -day
timeframe dictated by SB 35 (Monday, September 24, 2018).
Sincerely,
David Brandt
City Manager
Enclosures:
Attachment A - Implementation Items
Attachment B - Standard Project Requirements
IN
IMPLEMENTATION ITEMS
I. General Requirements:
ATTACHMENT A
1. Identify tentative locations for public artwork in compliance with Section
19.148.050(B).
2. Submit a fiscal impact analysis pursuant to General Plan Strategy: LU -8.2.1.
3. Provide a preliminary Trash Management Plan and contact Environmental Services
Division for coordination with Recology. Chapters in the Municipal Code related to
Garbage, Recycling and Organic Waste Collection include Chapters 6.24, 9.16 & 9.18.
4. Please provide a preliminary Affordable Housing Plan including a plan for
administration of affordable units.
II. Information for Planning Review:
5. P-1001 through P-1015 - Show vantage point location on Key Plan for all perspective
views.
6. P-0101 — Provide information on proposed number of parking stalls for all non-
residential land uses in the Data Table.
7. P -0201—
a. Indicate square footage of each building to be demolished.
b. Provide Tree protection plan for all trees to be retained. Show tentative location of
protective fencing to be installed with construction period recommendations from
an ISA certified arborist.
c. Indicate portions of Perimeter road to be demolished/removed.
d. Please provide plans at a scale so that one building/block fits on one sheet of paper.
Smaller scale plans may be included for context.
8. P-0202 —
a. Indicate adjacent land uses
b. Please note that improvements proposed in the right-of-way will require
subsequent encroachment permit(s) through the Public Works Department.
c. Show all new property lines after dedication. Indicate length of new property line
after dedications.
d. Show all proposed setbacks from the new property lines after dedication.
e. Remove note about portions of roads being closed "permanently".
f. Provide roadway dimensions, and ensure all measurements are dimensioned to
the property lines, curb lines, and centerline of the road. Coordinate dimensions
with Civil Engineer to ensure consistency.
9. P -0202.A - Provide summary table of building areas and difference between the two
different alternatives presented. Please indicate the change in the floor plan at the
street level.
10. P-0203 - Show all building setbacks from new property lines after street dedication.
11. P-0301 - Coordinate the existing surface plan with the Civil Engineer to ensure
consistency. There are errors in the existing topography that must be corrected and
rectified in the Development Application plan set.
12. P-0303 - Show all parcel property line dimensions and parcel areas. Also show in data
table with grand total to document total parcel size before and after required street
dedications.
13. P-0304 - Same as above.
14. P-0305 - Show horizontal and vertical dimensions for all easements shown.
15. P-0306 - Show all existing easement widths.
16. P-0307 - Show all proposed easement widths.
17. P -0307.A - Show all proposed easement widths.
18. P-0401 - Show extent of any underground shoring structures or devices that will
extend past the outside line of the parking garage. Please note that no shoring devices
or structures may be placed within the public right-of-way without review and
approval of the City.
19. P-0403 - Explain how yellow landscape areas are not on green roof or podium
structure (in that most of them are interior of the red line indicating the extent of the
below grade parking structure) capture and treat storm water.
a. Indicate approximate depth and vertical dimensions of cisterns adjacent to the
garage.
b. Some green areas are at street level and not on the green roof as indicated; please
correct.
c. Indicate percentages of each type of Site Drainage Areas in the table.
20. P-0405 - Indicate if communication & electric lines are above or below ground.
Pursuant to Section 19.60.060(G), all wires, pipes, cables, utilities and connections
shall be placed in underground or subsurface conduits subject to the specifications of
the subdivision ordinance of the City.
2
21. P-0406 -
a. Indicate approx. size of below grade cisterns in gallons.
b. Please explain what "outline of optional underground garage addition' means.
c. Include Recycled Water in the legend, and show the full extents of Recycle Water
facilities.
d. Coordinate with Cupertino Sanitary District and show the full extent of the
sanitary sewer work necessary to serve the project.
22. P-0408 - Show location of planned street closures for special events.
23. P -0411-
a. Show location of planned pedestrian access along Stevens Creek Blvd and N.
Wolfe Road during construction. The construction fencing appears to fence off the
sidewalk. Show path of travel for pedestrians on all public street frontages.
Indicate any structures needed to ensure pedestrian safety.
b. Show inlet protection on all inlets within and surrounding the site. This includes
the inlets in the tunnel.
c. Refine the location of the fiber rolls to ensure adequate vehicular access to the
properties to the north. Further the plan shows access being blocked to some of
the driveways to the properties to the north. Either modify the plans to show
access being provided, or provide an approval letter from both the property
owners and the Fire Department stating this is acceptable.
24. P-0501 - Show residential only and residential/retail separately on the Street Level
Land Use Plan for clarity.
25. P-0503 - Indicate path of travel over bridge between public elevators to accommodate
pedestrians.
26. P-0504 - Clarify whether there is a Class III Bikeway on the entire length of Street B
and Street 9. If not, please update.
27. P-0505 - Clarify why Street 5 and Street A would need to be closed to vehicles during
community events.
28. P-0507 - Provide summary table of all open space areas indicated with square
footages and acreages.
a. Clearly indicate which areas are publicly accessible and during which hours of the
day.
b. Clearly indicate the amounts of private open space for each unit. Do units have
private open space provided? All the private open space indicated on this plan is
common private open space.
3
29. P-0508 - Cross sections shall provide property lines and dimensions from the property
lines to the road center line, road improvements and the buildings.
30. P-0510 -
a. Indicate the construction sequencing of the parking garage(s) on this plan.
b. AMC Theater is no longer and operating tenant. Please correct the plan.
31. P-0602 - Provide the quantity of trees anticipated for removal within the Public Right
of Way.
32. P-0603 - Provide the quantity of new trees anticipated to be planted in the Public Right
of Way. Species and locations to be coordinated with the Department of Public
Works.
33. P-0607 -
a. The Tree Disposition Plan does not indicate the trees within the parking lots closest
to the Bay Club. These trees are considered "development trees," a subset of
"protected trees." Please update the Tree Disposition Plan, the total number of
trees proposed to be removed and the Arborist Report.
b. Indicate which trees are street trees. Please note that trees removal and planting
within the public right-of-way a will require subsequent encroachment permits by
the Public Works Department.
34. P-0609 - Clarify the material for the flexible paving designed for the Secondary
Walkways.
35. P -0701-
a. Provide photometric plan that shows that no light spills over the property line.
b. Please indicate property lines on this plan to confirm whether the lights proposed
on the adjacent property near Stevens Creek Blvd; along Perimeter Road on the
western side of the project are on the project site. .
c. Provide lighting types for Residential Amenity Area; currently called out as
"TBD". Lighting from these fixtures must be included in the Photometric Plan.
36. P-0751 - P-0755 - Signage is not being reviewed or approved at this stage of the
planning process. These are subject to subsequent approvals as acknowledged in your
project description and plans.
37. P-0800.B2/B3 -
a. Indicate number of parking spaces by type (residential/office/retail/shared.)
b. Provide key section to show below/above ground location of each level. Indicate
ramp slopes, and provide finished floor elevations.
c. Indicate "safe pedestrian routes" in all parking garages at all levels.
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38. P-080031- Same as above.
39. P -0800.13M - Same as above.
40. P-0800.01 through .07 - Same as above.
41. P-0800.08 through .11- Provide key section to show below/above ground location of
each level. Indicate ramp slopes.
42. P -0821-
a. Provide top of roof elevation (highest point of structure) both from above sea level
and from existing natural grade. Since the application includes a subdivision,
please indicate elevation from final proposed grade.
b. Indicate location and type of all entrances.
43. P-0831 - The building cross sections must be provided by block and at a scale of
1/8"=1' or at a scale where one building/block will fit one sheet of paper. Please contact
staff to coordinate.
44. P-0853 - Include the property lines, and provide dimensions from the street
improvements to the property lines and roadway centerline. Ensure adequate
dimensions are provided to locate all facades of the buildings.
45. Mechanical ventilation of building and garages are not provided or shown. Provide
detail on elevations, roof plans and site plans. These are subject to the requirements
of Section 19.60.060(H).
46. Other mechanical equipment is not shown, such as on the residential towers. Provide
height and screening materials of mechanical equipment and screening on all
buildings, including the residential towers.
47. Indicate square footage and % of net lot area (after dedications and access easements)
- existing and proposed paving area and amount of paving being replaced.
48. Provide an estimate of employees projected.
49. Provide a material board.
III. Information for Tentative Map Review:
1. Cover Sheet:
a. Include total number of proposed condominium units, with types (residential,
commercial, etc.) to the title.
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2. Topographic Survey Sheets:
a. The topographic survey shows three driveway openings off of Stevens Creek Blvd.
The easterly most driveway approach was closed a number of years ago. Please
correct the discrepancy with updated and current information.
b. Topographic survey should provide street dimensions, including dimensions to
the center line of adjacent rights of way.
c. Update striping and curb alignments as necessary (i.e. TM2.4 has two sets of
striping shown on both Vallco Parkway and Wolfe Rd; and the median island on
Wolfe Road does not appear to incorporate recent improvements constructed as
part of the AC2 project.
d. All contours should have elevations numbers for clarity.
e. Ground level finished floor elevations shall be provided for all structures.
f. Provide Right of Way dimensions, including dimensions to the center line of the
existing streets.
g. Update topographic information for the driveway to the 19800 Development on
the east side of Wolfe Road. Two sets of topo lines have been provided.
3. Existing Easements Sheets:
a. Provide a legend of the various easements on Sheet TM4.0 for clarity.
b. Provide a list or label the recorded document number for each easement, and
which party(ies) hold(s) interest in said easement.
c. Provide dimensions for the easement as appropriate.
d. Ensure all easements of correct and consistent with the recorded documents.
e. Sheet TM4.2 indicates a basis of bearing on Vallco Parkway, however the cover
sheet indicates the basis of bearing is on Wolfe Road. Please rectify this
discrepancy.
f. Sheet TM4.3 labels the tunnel easement as air rights. Please clarify that this is a
tunnel easement.
g. Sheet TM4.4 shows the air rights easement of the bridge over Wolfe Road. Please
indicate the vertical limits of the easement.
h. Sheet TM4.4 shows that certain PUEs under the air rights easement are to be
vacated. Please clarify what easements these are, and why they're being vacated.
i. Sheet TM4.4 shows an air rights strip easement east of Wolfe Road. Please clarify
what this easement is, and why it is being vacated.
j. Sheets TM4.5 and TM4.8 shows the stormwater easement to be vacated. Please
indicate that these easements are to be relocated in connection with the relocation
of the storm water treatment facilities.
4. Easements for proposed Project Sheets:
a. Provide a legend of the various easements on Sheet TM5.0 for clarity.
b. All existing easements shall be labelled with their recorded document numbers.
D
c. The relocated Public Access Easements on both sides of Wolfe Road shall be
expanded to incorporate pedestrian access, and should extend to furthest
driveway approach of the properties to the north. Coordinate the extents of the
easement with the City Engineer.
d. Public Utilities Easements shall be provided from Wolfe Road to each of the
properties located north of the development. The width of these easements shall
be equal to or greater than the existing PUE widths. Coordinate the extents of the
easement with the City Engineer.
e. Provide Right of Way dimensions, including dimensions to the center line of the
existing streets.
f. Sheet TM5.4 continues to show the PUEs beneath the air rights easement, even
though Sheet TM4.4 indicated these easement were to be vacated. Please clarify
the intention for these easements and modify the plans accordingly.
g. The Public Roadway and Landscape easement along the west side of Wolfe Road,
between Stevens Creek Blvd and Vallco Parkway shall be expanded as necessary
to incorporate the proposed pedestrian and bicycle access. This area shall be
dedicated to the City in a form acceptable to the City Engineer.
h. The pedestrian access along Stevens Creek Boulevard shall be dedicated to the
City in a form acceptable to the City Engineer.
i. If the proposed green roof is to be used for public park purposes, public access
should be provided from the public right of way. Please show public access as
appropriate.
j. Show all easements on adjacent properties that benefit the project.
5. Grading and Drainage Project Sheets:
a. Applicant shall set up a meeting with the City's Public Works Department to
review comments and questions on these sheets.
b. Provide grading quantities on the grading plans, with import and export numbers
provided.
c. Grading plans do not include adequate information for onsite grading and
drainage. Additional information showing how onsite drainage will be collected,
treated and released are required.
d. Correct existing and proposed land uses to read "Commercial/Office/Residential."
e. Provide a Demolition Plan.
f. Include cross sections of the lots showing existing and finish grades, pad elevation,
building elevations, limits of cut and fill.
g. Provide information that clarifies how storm drainage from within the building
footprint is to be addressed.
h. Provide contour elevation information for all existing contours.
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i. There appear to be a number of utility conflicts throughout the project site between
proposed sanitary sewer and storm drainage facilities. These will need to be
rectified.
j. Existing utility mains, both onsite and in the public right of way, should be shown
on the plans. This information should include vertical information where
available and appropriate, and the utility main size.
k. Provide information for the proposed utilities that includes size, slope and pipe
materials.
1. Provide more detailed grading information at all underground parking entrances
to ensure drainage is directed away from the openings.
m. Proposed joint trench facilities, including communications, electrical, gas (if
applicable) and cable facilities, are not clearly shown on plans. Please clearly
indicate these facilities so that the service connections are easily identifiable.
n. All joint trench and dry utility boxes shall be placed behind the curb line. The
current plans show a number of utility boxes in the traveled way.
o. Street dimensions should also be dimensioned to property lines (on both sides of
the street) and to the street centerline (typical all sheets).
p. The complete limits of sanitary sewer and reclaimed water facilities need to be
shown on the plan set. Notes referring to future work are not acceptable.
q. There appear to be random storm drainage infrastructure shown on the plans. The
facilities to not have information indicating where they connect to the main storm
drain system. Please provide this information where it is missing, or remove the
stray symbols as appropriate.
r. Provide details on the stormwater treatment facilities. Various cisterns are
proposed throughout the project. Additional information is required to evaluate
these facilities.
s. The full extent of recycled water main improvements shall be shown on the plan.
The southerly end of the recycled water main shall be extended either through the
intersection of Vallco Parkway and Wolfe Road, or to the intersection of Stevens
Creek Blvd and Wolfe Road.
t. Transformers for onsite power should be located onsite and outside of the public
sidewalk areas.
u. The median on Wolfe Road, north of Stevens Creek Blvd is proposed to be
relocated. This will most likely result in the need to modify the cross -slope of the
road in the area. Show the extent of the work needed to perform this work.
v. The "pork chop" islands at the intersection of Wolfe Road and Stevens Creek Blvd
shall be removed as part of this project. This will require modifications to the
traffic signals at this intersection, as well as striping modification. Please show
this information on the plans.
w. There appears to be a conflict between existing electrical facilities and the new
sewer line along Wolfe Road, just north of Stevens Creek Blvd.
x. New utility facilities are proposed within the property limits of both of the
properties to the north of the site, as well as to the property to the east of the
easterly project parcel. Provide the recorded easement information, or relocate
these facilities outside of the private property.
y. Clearly indicate the extents of any existing utilities that are proposed for
abandonment or removal.
z. Along Perimeter Road, there appear to be a number of joint trench vaults located
over storm drain and water utilities. Please ensure utilities are not stacked on top
of each other
aa. The storm drain main along Perimeter Road appears to have nearly 1000' between
manholes. Please provide intermediate structures to aid in maintenance.
bb. Shift the curb ramps across the driveways to Stevens Creek Blvd so that they line
up with the sidewalk. This will also place the curb ramps in the area to be
dedicated.
cc. Where to the catch basins shown along Stevens Creek Blvd connect to?
dd.There appear to be numerous joint trench vaults located in the travelled right of
way on Stevens Creek Blvd. Locate these facilities behind the curb.
ee. Ensure street names are provided on all plan sheets (sheet TM6.10 should call out
Stevens Creek Blvd).
ff. Applicants engineer shall show that proposed storm drainage from the site does
not exceed existing flow quantities. If proposed project increases storm water
flows to the City system, applicant's engineer shall provide a report and
calculations showing the impact of those flows, and the plans shall show the work
necessary to address those impacts.
gg. Backflow Preventers: Provide location of backflow preventers. All exterior utilities
are subject to the requirements of Section 19.60.060(G).
6. Stormwater Treatment Project sheets:
a. The applicant will be responsible for coordinating the stormwater treatment
design with a qualified stormwater review consultant. The applicant shall provide
a letter from the consultant stating that the conceptual design is and adequate and
acceptable form of treatment, and that it appears to conform to the NPDES
requirements. The approved list of consultants can be found here:
http://www.scvurppp-
w2k.com/pdfs/1415/consultants2015/SCVURPPP Qualified Consultants List 20
15.pdf
b. The plans indicate 4.508 acres of at grade landscaping. This area does not appear
to be called out on the plan view. Please show this area on the plan. If any of this
0
area is located on the building podium, provide information of how drainage will
be addressed.
7. General Requirements:
a. The City will review the project for compliance with Municipal Code Chapter
13.08, Parkland Dedication.
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ATTACHMENT B
STANDARD PROJECT REQUIREMENTS
The following is list of standard requirements that the City imposes broadly on all
development. This list is not exhaustive and additional items may be identified as
additional information is submitted. Where blanks are indicated, specifics will be
provided in the project determination letter. In addition, clarifications may be made to
the requirements identified below prior to project determination based on additional
information provided.
1. ACCURACY OF THE PROJECT PLANS: The applicant/property owner is responsible
to verify all pertinent property data including but not limited to property boundary
locations, building setbacks, property size, building square footage, any relevant
easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
2. ANNOTATION OF THE STANDARD PROJECT REQUIREMENTS: These Standard
Project Requirements must be incorporated into and annotated on the building plans.
3. APPROVED EXHIBITS: The ministerial approval is based on
4. DEVELOPMENT ALLOCATION: The applicant shall receive an allocation of
(square feet) (units) of the (retail commercial) (office industrial) (residential)
allocations for (area).
5. AFFORDABLE UNITS: The applicant shall provide 50% of the project as affordable
to households making 80% below area median income for a period of as
follows:
a. 360 units affordable to households making 60% below area median income
b. 841 units affordable to households making 80% below area median income.
The applicant shall prepare a covenant, which shall be subject to review and approval
by the City Attorney, to be recorded prior to the issuance of building permits.
6. BELOW MARKET RATE HOUSING PROGRAM: The applicant shall participate in
the City's Below Market Rate (BMR) Housing Program by:
a. Complying with the City's Residential Housing Program
b. Complying with the City's Non-residential BMR program by paying the required
housing mitigation fees as per the Housing Mitigation Manual for any office
development. The 2018-2019 fiscal year rates for office BMR Fees are $21.98 per
square foot of net addition.
7. STREET CLOSURES: Street and road closures for resident or tenant safety and
security are not being approved as part of this application and will require separate
review. Any future fencing proposed to close streets or other access such as to the
green roof is subject to discretionary review.
8. FORMATION OF A PROPERTY OWNER'S ASSOCIATION: A Property Owner's
Association shall be formed to maintain the common areas of the property. The
Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by
the City Attorney and the Director of Community Development prior to recordation.
The following terms shall be incorporated in to the Association's Conditions,
Covenants and Restrictions:
a. The membersiboard shall meet at a minimum of once/year
b. The Association dues shall cover:
c. Maintenance of common area on the property including hardscaping, parking,
landscaping and accessory items, such as trash bins/areas, tree grates, outside
trash bins, fences, etc.
d. Building and site repair on a regular schedule, or as otherwise necessary, and
building renovation and replacement as necessary.
e. Any changes to the CC&R's must be reviewed and approved by the City.
f. Disbanding of the Association shall require City approval.
9. CONSTRUCTION MANAGEMENT PLAN: A construction management plan shall
be prepared by the applicant and approved by staff prior to issuance of building
permits. Staging of construction equipment shall not occur within 100 feet of any
residential property.
10. DEMOLITION REQUIREMENTS: All demolished building and site materials shall be
recycled to the maximum extent feasible subject to the Municipal Code. The applicant
shall provide evidence that materials were recycled prior to issuance of final
demolition permits.
11. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS:
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
2
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays as defined in Chapter 10.48 of the Municipal Code. Night time
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated
12. DUST CONTROL: The following construction practices shall be implemented during
all phases of construction for the proposed project to prevent visible dust emissions
from leaving the site:
a. Water all active construction areas at least twice daily and more often during
windy periods to prevent visible dust from leaving the site; active areas adjacent
to windy periods; active areas adjacent to existing land uses shall be kept damp at
all times, or shall be treated with non-toxic stabilizers or dust palliatives.
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least 2 feet of freeboard;
c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction sites.
d. Sweep streets daily, or more often if necessary (preferably with water sweepers) if
visible soil material is carried onto adjacent public streets.
e. The applicant shall incorporate the City's construction best management practices
into the building permit plan set.
13. GREEN BUILDING: The project shall be constructed in accordance with the City's
Green Building Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The
applicant shall obtain LEED Silver certification or an alternative reference standard in
accordance with the ordinance since the building size is over 50,000 square feet. Third
party LEED certification or alternative reference standard is required per the
ordinance criteria.
3
14. PUBLIC ART: Public art shall be provided for the project in accordance with General
Plan Policy 2-66 and the City's Public Art Ordinance (Chapter 19.148 of the Cupertino
Municipal Code). The minimum expenditure for the artwork, including, but not
limited to design, fabrication, and installation is .25 percent of the total project budget,
with an expenditure cap of $100,000. The project pro forma shall be provided to the
City to confirm the project budget.
The final public art plans (including location and design) shall be reviewed by the
Fine Arts Commission during the building permit stage, in advance of final
occupancy. Once approved by the Fine Arts Commission, the public artwork shall be
installed to the satisfaction of the City prior to final occupancy.
15. LANDSCAPE PROJECT SUBMITTAL: Prior to issuance of building permits, the
applicant shall submit a full Landscape Documentation Package, per sections
14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area
500 square feet or more or elect to submit a Prescriptive Compliance Application per
sections 14.15.040 A, B, and C for projects with landscape area between 500 square
feet and 2,500 square feet. The Landscape Documentation Package or Prescriptive
Compliance Application shall be reviewed and approved to the satisfaction of the
Director of Community Development prior to issuance of building permits, and
additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H,
and I will be required to be reviewed and approved prior to final inspections.
16. SOIL ANALYSIS REPORT: A soils analysis report shall document the various
characteristics of the soil (e.g. texture, infiltration rate, pH, soluble salt content,
percent organic matter, etc.) and provide recommendations for amendments as
appropriate to optimize the productivity and water efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing the
landscape and irrigation design plans in a timely manner either before or during the
design process. A copy of the soils analysis report shall be submitted to the Director
of Community Development as part of the landscape documentation package.
17. LANDSCAPE AND IRRIGATION PLANS: The applicant shall submit detailed
landscape and irrigation plans to be reviewed and approved by _ prior to issuance
of building permits. The landscape plan shall include water conservation and
pesticide reduction measures in conformance with Chapter 14.15, Landscape
Ordinance, and the pesticide control measures referenced in Chapter 9.18, Stormwater
Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code.
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18. LANDSCAPE INSTALLATION REPORT: The project is subject to all provisions
delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape
installation audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed. The findings of the assessment
shall be consolidated into a landscape installation report. The landscape installation
report shall include, but is not limited to: inspection to confirm that the landscaping
and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray
or run-off that causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The
landscape and irrigation system have been installed as specified in the landscape and
irrigation design plan and complies with the criteria of the ordinance and the permit."
19. LANDSCAPE AND IRRIGATION MAINTENANCE: Per the Landscape Ordinance
(CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to
the Director of Community Development or his/her designee, either with the
landscape application package, with the landscape installation report, or any time
before the landscape installation report is submitted.
a. Schedules should take into account water requirements for the plant establishment
period and water requirements for established landscapes.
b. Maintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjustment and repair of the irrigation system; aerating and de -
thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed
plants; weeding; pest control; and removing obstructions to emission devices.
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.
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 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.
21. 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 in
5
conjunction with recordation of the final map, and shall be subject to prior approval
as to form and content by the City Attorney.
22. 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.
23. SIGNAGE: Signage is not approved with this use permit application. Signage shall
conform to the City Sign Code.
24. SIGN PROGRAM: A sign program is required for this project. The sign program
shall be approved by the Director of Community Development prior to issuance of
sign permits.
25. SCREENING: All mechanical and other equipment on the 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.
26. TRASH AND DELIVERY ACTIVITIES: A detailed refuse and truck delivery plan
shall be prepared by the applicant. The plan shall specify locations of trash facilities,
refuse pick up schedules and truck delivery schedules and routes. All trash facilities
must be screened and enclosed to the satisfaction of the Public Works Department.
The final plan shall be submitted to the City for review and approval prior to issuance
of building permits.
27. 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. In
addition, the following measures shall be added to the protection plan:
a. 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.
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.
0
d. Wood chip mulch shall be evenly spread inside the tree projection 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 shall provide reviews prior to issuance of demolition, grading
or building permits. A report ascertaining the good health of the trees mentioned
above shall be provided prior to issuance of final occupancy.
28. TREE PROTECTION BOND: The applicant shall provide a tree protection bond in the
amount of $ to ensure protection of trees on the site prior to issuance of
grading, demolition or building permits. The bond shall be returned after completion
of construction, subject to a letter from the City arborist indicating that the trees are
in good condition.
29. TREE REPLACEMENT: The applicant shall provide adequate 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.
30. TRANSFORMERS: Electrical transformers, telephone cabinets and similar equipment
shall be placed in underground vaults. The developer must receive written approval
from both the Public Works Department and the Community Development
Department prior to installation of any above ground equipment. Should above
ground equipment be permitted by the City, equipment and enclosures shall be
screened with fencing and landscaping such that said equipment is not visible from
public street areas, as determined by the Community Development Department.
Transformers shall not be located in the front or side building setback area.
31. UTILITY STRUCTURE PLAN: Prior to issuance of building permits, the applicant
shall work with staff to provide a detailed utility plan to demonstrate screening or
undergrounding of all new utility structures [including, but not limited to backflow
preventers (BFP), fire department connections (FDC), post -indicator valves (PIV), and
gas meters] to the satisfaction of the Director of Community Development, Public
Works, Fire Department, and applicable utility agencies.
7
32. SUBSEQUENT CONDITIONAL USE PERMITS: Any future businesses with hours of
operation beyond 7:00 a.m. and 11:00 p.m. must obtain discretionary Conditional Use
Permits.
33. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: The
determination set forth herein may include certain fees, dedication requirements,
reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these notes constitute written notice of a statement of the amount of such
fees, and a description of the dedications, reservations, and other exactions. 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.
34. INDEMNIFICATION: Except as otherwise prohibited by law, the applicant shall
indemnify 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 one or more of the indemnified parties and the applicant to attack, set aside,
or void this Resolution or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs
incurred in defense of the litigation. The applicant shall pay such attorneys' fees and
costs within 30 days following receipt of invoices from City. Such attorneys' fees and
costs shall include amounts paid to counsel not otherwise employed as City staff and
shall include City Attorney time and overhead costs and other City staff overhead
costs and any costs directly related to the litigation reasonably incurred by City.
35. COMPLETION OF IMPROVEMENTS: Prior to entering into a street improvement
agreement with the City of Cupertino, the applicant shall have detailed plans of the
improvements approved by the Director of Public Works and shall provide a surety
or guarantee covering the cost of all improvements to be completed within the City of
Cupertino's jurisdiction. The street improvement agreement will specify the timeline
for completion of the improvements. For improvements to be completed on facilities
which are not under the jurisdiction of the City of Cupertino, the applicant shall, prior
to entering into a street improvement agreement with the City of Cupertino, either (1)
have detailed plans of the improvements approved by the agency under whose
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.
36. FEES: The project applicant shall enter into a Street Improvement Agreement with
the City of Cupertino providing for payment of fees, including but not limited to plan
checking and inspection fees, storm drain fees and fees for permits. Said agreement
shall be executed prior to issuance of construction permits and shall be subject to all
applicable fees as described in the terms of the Development Agreement. The fees
described above are imposed based upon the current fee schedule adopted by the City
Council and are not in lieu development impact fees or exactions which are subject to
the terms of the Development Agreement. 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, provided that such modification is permitted by the terms of the
Development Agreement. The improvement agreement will also include the
following bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
37. GRADING, DEMOLITION, UNDERGROUND UTILITY WORK, STREET
CONSTRUCTION AND CONSTRUCTION HOURS AND NOISE LIMITS:
a. Grading activities may be performed at any time of the year, subject to storm water
management and other appropriate site preparation, as approved by the Director
of Public Works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Construction, street construction, Grading, underground utility and demolition
work and noise limits shall be compliant with requirements of Chapter 10.48 of
the City Municipal Code.
d. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
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e. The applicant shall be responsible for educating all contractors and subcontractors
of the restrictions on construction, street construction, grading, underground
utility and demolition work.
f. The applicant must obtain an encroachment permit from City prior to
commencing any work within the right-of-way.
38. UTILITY STRUCTURES: All new utility structures shall be located underground or
screened from public view to the satisfaction of the Director of Community
Development and Public Works.
39. STREET WIDENING: Public street widening and dedications shall be provided in
accordance with City Standards, specifications and policies and as required by the
Director of Public Works.
40. 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.
41. PAVEMENT: Overlay of all streets along perimeter with 2.5" of asphalt pavement
per Caltrans Standards.
42. DETACHED SIDEWALK: The applicant shall provide a minimum five foot wide
detached sidewalk, wherever feasible as determined by the Director of Public Works,
along all street frontages where construction shall occur.
43. 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.
44. 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.
45. STREET LIGHTING INSTALLATION: Street lighting shall be installed and shall be
as approved by the Director of Public Works.
46. GRADING: Grading shall be as approved and required by the Director of Public
Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401
Certifications and 404 permits maybe required. Contact Army Corp of Engineers
and/or Regional Water Quality Control Board as appropriate.
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47. 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.
48. 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.
49. C.3 REQUIREMENTS: C.3 regulated improvements are required for all projects
creating and/or replacing impervious surface that is subject to requirements set forth
in section C.3 of the Municipal Regional Stormwater NPDES permit. The applicant
shall reserve a minimum of 4% of developable surface area for the placement of low
impact development measures, for storm water treatment, on the tentative map,
unless an alternative storm water treatment plan, that satisfies C.3 requirements, is
approved by the Director of Public Works.
The applicant must include the use and maintenance of site design, source control and
storm water treatment Best Management Practices (BMPs), which must be designed
per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water
Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance
Agreement, and certification of ongoing operation and maintenance of treatment
BMPs are each required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
50. 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.
51. WORK SCHEDULE: Every 6 months, the applicant shall submit a work schedule to
the City to show the timetable for all grading/erosion control work in conjunction with
this project.
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52. OPERATIONS & MAINTENANCE AGREEMENT: The applicant shall enter into an
Operations & Maintenance Agreement with the City prior to final occupancy. The
Agreement shall include the operation and maintenance for any non-standard
appurtenances in the public right-of-way that may include, but is not limited to,
sidewalk, pavers, enhanced landscaping, and landscaping necessary to screen utility
cabinets, street trees and street lights.
53. DRAINAGE: Drainage shall be provided to the satisfaction of 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, vegetated swales, and
hydrodynamic separators to reduce the amount of runoff from the site and improve
water quality. The storm drain system shall be designed to detain water on-site (e.g.,
via buried pipes, retention systems or other approved systems and improvements) as
necessary to avoid an increase of the ten- year storm flood water surface elevation to
the satisfaction of the Director of Public Works. Any storm water overflows or surface
sheeting should be directed away from neighboring private properties and to the
public right of way as much as reasonably possible.
54. FULL TRASH CAPTURE SYSTEM: The applicant will be responsible for installing a
full trash capture system/device to capture trash from the onsite storm drain system
before the storm water reaches the City owned storm drain system and/or any
adjacent creeks or diversion channels. A full capture system or device is a single
device or series of devices that traps all particles retained by a 5 mm mesh screen and
has a design treatment capacity of not less than the peak flow rate Q resulting from a
one-year, one-hour storm in the sub -drainage area (see the Municipal Regional Permit
section C.10 for further information/requirements). Systems and devices must be
approved by the California State Regional Water Quality Control Board (RWQCB)
and selected from the San Francisco Bay RWQCB Certified Full Capture System List
of Trash Treatment Control Devices which may be viewed at:
https://www.waterboards.ca.gov/water issues/programs/stormwater/trash implem
entation.html.
55. GEOTECHNICAL REPORT: All design criteria and specifications set forth in the
design -level geotechnical report shall be implemented as a condition of project
approval. 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.
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56. 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.
57. TRANSFORMERS: Electrical transformers, telephone cabinets and similar equipment
shall be placed in underground vaults. The applicant must receive written approval
from both the Public Works Department and the Community Development
Department prior to installation of any above ground equipment. Should above
ground equipment be permitted by the City, equipment and enclosures shall be
screened with fencing and landscaping such that said equipment is not visible from
public street areas, as determined by the Community Development Department.
Transformers shall not be located in the front or side building setback area.
58. BUS STOP LOCATION: The applicant shall install and/or improve bus shelters/trash
receptacles along the Wolfe Road, Vallco Parkway and Stevens Creek project
frontages, and as required by VTA. The placement and design of the bus
shelters/trash receptacles shall be approved by the Director of Public Works and the
VTA. Locations and the design of bus stops and shelters shall be provided to the
satisfaction of 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
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59. TRAFFIC CONTROL PLAN: The applicant must submit a traffic control plan by a
Registered Traffic Engineer to be approved by the Director of Public Works, for any
work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the Director
of Public Works prior to commencement of work. The City has adopted the Manual
on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping
work throughout the City.
60. TRAFFIC SIGNS: Traffic control signs shall be placed at locations specified by the
City.
61. 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 type approved by the
City in accordance with Ordinance No. 125.
62. STREAMSIDE PERMIT: Prior to issuance of a building permit, the applicant shall
provide plans and information that satisfies the requirements of the Stream Side
Development Permit as set forth by the Santa Clara Valley Water Resources Protection
Collaborative. These items include, but are not limited to, topographic survey, specific
measures to protect streams and/or water bodies from water quality impacts,
coordination with all interested jurisdictional agencies, and the like.
63. CALIFORNIA WATER SERVICE COMPANY CLEARANCE: Provide California
Water Service Company approval for water connection, service capability and
location and layout of water lines and backflow preventers before issuance of a
building permit approval.
64. 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.
65. 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.
66. SANITARY DISTRICT: A letter of clearance for the project shall be obtained from the
Cupertino Sanitary District prior to issuance of building permits.
67. UTILITY EASEMENTS: Clearance approvals from the agencies with easements on
the property (including PG&E, AT&T, and California Water Company, Cupertino
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Sanitary District and/or equivalent agencies) will be required prior to issuance of
permits.
68. 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.
69. TRAFFIC IMPACT FEES: The Project shall pay Traffic Impact Fees per the CMC
Chapter 14.02.
70. PEDESTRIAN AND BICYCLE IMPROVEMENTS: Developer shall provide
pedestrian and bicycle related improvements (e.g. walkway and bicycle racks, etc.)
consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian
Transportation Guidelines, and as approved by the Director of Public Works.
71. 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.
72. SUBDIVISION AGREEMENT: The project developer shall enter into a Subdivision
agreement with the City of Cupertino providing for payment of fees, including but
not limited to checking and inspection fees, storm drain fees, park dedication fees and
fees for under grounding of utilities. Said agreement shall be executed prior to
issuance of construction permits
73. SUBDIVISION MAP: Prior to issuance of grading and/or building permits, a final
subdivision map shall be recorded.
74. TRASH, RECYCLING AND COMPOST MANAGMENT: A trash manage plan must
be prepared and shall show how onsite trash, recycling and compost is to the handled,
and shall be to the satisfaction of the Environmental Programs Manager. Clearance
by the Public Works Department is needed prior to obtaining a building permit.
75. 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. Waster
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
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trios must be situated on private property adjacent to the sidewalk for patron and
pedestrian use.
76. 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." An
example of drain inlet markers may be viewed at the following:
www.cupertino.org/greendev.
77. OTHER: Copper metal roofing, copper granule containing asphalt shingles, copper
gutters and downspouts, and/or other exterior ornamental copper are not permitted
for use.
78. WASTE MANAGEMENT PLAN: A completed Construction and Demolition (C&D)
Waste Management Plan must be submitted at the time of demolition and/or building
permit issuance. If both demolition and construction permits will be issued, C&D
Waste Management Plans must be submitted for each permit. If the permit applicant
and/or their contractor and any subcontractor working on the project self -hauls the
C&D material, a Water Management Report must be submitted prior to final approval
of the demolition/building permit demonstrating a minimum of 65% of the C&D
waster has been diverted from landfill and recycled. Please note that C&D debris box
service may only be obtained from Recology, the City's franchised waste hauler. C&D
Recycling information and reports may be downloaded at
www.cul2ertino.org/greendev.
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