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PC 07-27-2021
CITY OF CUPERTINO PLANNING COMMISSION AGENDA This will be a teleconference meeting without a physical location Tuesday, July 27, 2021 6:45 PM Teleconference Meeting TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 5:00 p.m. on Tuesday, July 27th to the Commission at planningcommission@cupertino.org. These e-mail comments will be received by the Commission members before the meeting and posted to the City’s website after the meeting. 2) E-mail comments during the times for public comment during the meeting to the Commission at planningcommission@cupertino.org. The staff liaison will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Chair’s discretion to shorten time for public comments). Members of the public that wish to share a document must email planningcommission@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may observe the teleconference meeting or provide oral public comments as follows: Page 1 7-27-2021 PC Meeting Page 1 of 43 Planning Commission Agenda July 27, 2021 Oral public comments will be accepted during the teleconference meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item. To address the Commission, click on the link below to register in advance and access the meeting: Online Please click the link below to join the webinar: https://cityofcupertino.zoom.us/webinar/register/WN_FlnavAp8TayY5ij2T6y1Mw Phone Dial 669-900-6833 and enter Webinar ID: 928 2428 8021 (Type *9 to raise hand to speak) Unregistered participants will be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 928 2428 8021 SIP: 92824288021@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Chair calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda Page 2 7-27-2021 PC Meeting Page 2 of 43 Planning Commission Agenda July 27, 2021 topic. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. ROLL CALL APPROVAL OF MINUTES 1.Subject: Draft Minutes of June 22, 2021 Recommended Action: Approve or modify the Draft Minutes of June 22, 2021 1 - Draft Minutes 6-22-21 POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. PUBLIC HEARINGS 2.Subject: Consider recommending approval of a Vesting Tentative Map to replace a previously approved Vesting Tentative Map (TM-2018-03) for the Westport Cupertino development project to create a separate parcel for the age restricted senior below market rate building. City approval would be a Vesting Tentative Map; (Application No(s): TM-2021-002; Applicant(s): KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN #326-27-042, -043) Page 3 7-27-2021 PC Meeting Page 3 of 43 Planning Commission Agenda July 27, 2021 Recommended Action: That the Planning Commission, consider the evidence presented and determine whether the project can be recommended for approval in accordance with the draft resolution (Attachment 1) approving the Vesting Tentative map (TM-2021-002) (Continued from the June 22, 2021 Planning Commission meeting) Staff Report 1 - Draft Resolution for TM-2021-002 2 - Project Plans 3 – Letter from Mike Kelly, The Pacific Company, to the Planning Commission, titled Westport Cupertino – Parcel Requirement, dated June 28, 2021. 4 – Letter from Mark Tersini, KT Urban, to the Planning Commission, titled Westport Project Tentative Map Application No: TM-2021-002, dated June 28, 2021. 5 – Memorandum from Frederick Venter, P.E. and Anthony Nuti, Kimley Horn and Associates to Mark Tersini, KT Urban, titled Westport Cupertino – Transportation Analysis, dated November 27, 2018. 6 – Memorandum from Frederick Venter, P.E. of Kimley Horn and Associates to Mark Tersini, KT Urban, titled Westport Cupertino – Alternative Proposal: Trip Generation Corporation, dated March 27, 2020. 7 - Memorandum from Frederick Venter, P.E. and Anthony Nuti, Kimley Horn and Associates to Mark Tersini, KT Urban, titled Approved Westport Trip Generation, dated June 7, 2021. OLD BUSINESS NEW BUSINESS STAFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said appeal is filed with the City Clerk (Ordinance 632). In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Planning Commission after publication of the Page 4 7-27-2021 PC Meeting Page 4 of 43 Planning Commission Agenda July 27, 2021 packet will be made available for public inspection in the Community Development Department located at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the Planning Commission concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to address the Planning Commission on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777 3308 or planning@cupertino.org. Page 5 7-27-2021 PC Meeting Page 5 of 43 CITY OF CUPERTINO PLANNING COMMISSION MEETING DRAFT MINUTES, June 22, 2021 PLEDGE OF ALLEGIANCE At 6:45 p.m. Chairperson Wang called to order the regular Planning Commission meeting. This was a teleconference meeting with no physical location. ROLL CALL Present: Chairperson R Wang, Vice Chairperson Steven Scharf and Commissioner Sanjiv Kapil. Absent: Commissioners Vikram Saxena and Muni Madhdhipatla APPROVAL OF MINUTES 1. Subject: Draft Minutes of May 25, 2021. Recommended Action: Approve or modify the Draft Minutes of May 25, 2021 Moved by Scharf and seconded by Wang to: “Approve the minutes”. The motion carried 3‐0‐2 (Saxena and Madhdhipatla absent). POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: Lisa Warren asked the Commission to hold off on making big decisions until a new City Manager and City Attorney are hired. Rhoda Fry spoke about the outcome of Santa Clara Board Supervisor meeting and the upcoming Santa Clara County Planning Commission meeting to discuss the Stevens Creek quarry. WRITTEN COMMUNICATIONS: None CONSENT CALENDAR: None PUBLIC HEARINGS: 2. Subject: Vesting Tentative Map to replace a previously approved Vesting Tentative Map (TM‐2018‐03) for the Westport Cupertino development project to create a separate parcel for the age restricted senior below market rate building. City approval would be a 7-27-2021 PC Meeting Page 6 of 43 Vesting Tentative Map; (Application No(s): TM‐2021‐002; Applicant(s): KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN #326‐27‐042, ‐043 Recommended Action: That the Planning Commission the public hearing and recommend that the City Council find: 1) Approve the application per the Draft Resolution. Tentative City Council hearing date: July 20, 2021 Senior Planner Gian Martire gave a presentation and answered questions from the Commissioners. The Applicant Mark Tersini addressed and answered questions from the Commissioners. Chair Wang opened the public comment period and the following individual(s) spoke: Peggy Griffin Jennifer Griffin Lisa Warren Larry Dean Rhoda Fry Chair Wang closed the public comment period. The Planning Commission discussed the following: Legal review on the conformance of the parcellation of Building 2 with the General Plan, as well as a justification its decoupling from the Parcel B. Removing the requirement for the developer to provide a Class IV bike lane on the southern side of Stevens Creek Boulevard, adjacent to De Anza College. Wang moved and Scharf seconded to continue this item to a date uncertain. The motion carried 3‐0‐2. 3. Subject: Consider an appeal of the Community Development Director’s approval of a Two‐Story Permit to allow for a new 2,922 square‐foot two‐story home with a 746 square‐foot attached accessory dwelling unit and a Minor Residential Permit to allow for a new second‐story balcony. (Application Nos.: R‐2020‐035, RM‐2020‐023; Applicant: Smart Lily, LLC.; Property Owners: Tariqul Khan and Chaman Hafiz; Appellants: Jitesh Vadhia and Chih‐Lung Lin; Location: 1506 Primrose Way; APN #366‐15‐018) Recommended Action: That the Planning Commission adopt the draft resolutions (Attachments 1 and 2) to: 1. Find that the proposed actions are exempt from CEQA; and 7-27-2021 PC Meeting Page 7 of 43 2. Deny the appeal and uphold the Director’s decision to approve the Two‐Story Permit (R‐2020‐035) and the Minor Residential Permit (RM‐2020‐023). Associate Planner Erika Poveda gave a presentation and answered questions from the Commissioners. Appellants Chih‐Lung Lin and Jitesh Vadhia addressed and answered questions from the Commissioners. Applicants Tariqul Khan and Chaman Hafiz gave a presentation and answered questions from the Commissioners. Chair Wang opened the public comment period and the following individual(s) spoke: Lisa Warren Winston Shiah Jennifer Griffin Aliya Shafquat Rayman Rima Narayan Leon Xiao Jon Freel Jitesh Vadhia read a letter on behalf of Joan and Greg Malensky Chair Wang closed the public comment period The Commission discussed balcony issues and a potential ordinance amendment related to balconies. Vice Chair Scharf discussed modifying the balcony with the applicants. Chair Wang asked staff about privacy screening and height of existing foliage. Commissioner Kapil suggested to relocate the balcony to the side of the house. Chair Wang moved and Vice Chair Scharf seconded to deny the appeal and uphold the Director’s decision to approve the Two‐Story Permit (R‐2020‐035) and the Minor Residential Permit (RM‐2020‐023). The motion carried 2‐1‐2. OLD BUSINESS: None NEW BUSINESS: None 7-27-2021 PC Meeting Page 8 of 43 REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None REPORT OF THE PLANNING COMMISSION: Vice Chair Scharf attended the California Alliance of Local Electeds (CALE) meetings. FUTURE AGENDA SETTING Vice Chair Scharf would like to discuss an amendment to the City’s regulations regarding balconies. Chair Wang would like to discuss restrictions on 5G antennas based on aesthetics. ADJOURNMENT: The meeting was adjourned at 8:45 pm to the next Planning Commission meeting on July 13, 2021, at 6:45 p.m. Respectfully Submitted: ______/s/Abby Ayende_______________ Abby Ayende, Management Analyst 7-27-2021 PC Meeting Page 9 of 43 PLANNING COMMISSION STAFF REPORT Meeting: July 27, 2021 Subject Consider recommending approval of a Vesting Tentative Map to replace a previously approved Vesting Tentative Map (TM-2018-03) for the Westport Cupertino development project to create a separate parcel for the age restricted senior below market rate building. City approval would be a Vesting Tentative Map; (Application No(s): TM-2021-002; Applicant(s): KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN #326-27-042, -043 Recommended Actions Staff recommends that the Planning Commission consider the evidence presented and determine whether the project can be recommended for approval in accordance with the draft resolution (Attachment 1) to approve the Vesting Tentative Map (TM-2021-002). Discussion Planning Commission Hearing on June 22, 2021 The Planning Commission conducted a public hearing on June 22, 2021 and moved (3-0, Saxena and Madhdhipatla absent) that the item shall be postponed to a later date for further clarification on the following: Legal review on the conformance of the parcellation of Building 2 with the General Plan, as well as justifying its decoupling from the Parcel B. Removing the requirement for the developer to provide a Class IV bike lane on the southern side of Stevens Creek Boulevard, adjacent to De Anza College. Project Data: General Plan Land Use Designation Commercial/Residential Special Planning Area Heart of the City Specific Plan (West Stevens Creek subarea) Zoning Designation P(CG, Res) 7-27-2021 PC Meeting Page 10 of 43 Background: Site and Location Description The project site is known as the Oaks Shopping Center and is located in the Heart of the City Specific Plan Special Area within the Oaks Gateway of the West Stevens Creek subarea. The shopping center is on an approximately 8.1 gross-acre site bounded by Stevens Creek Boulevard to the south, Mary 1 The net acreage is a result of the subtraction of an existing Public Roadway Easement along the property’s Mary Avenue frontage. Net/gross lot area 7.9 acres/8.1 acres1 Project Consistency with: General Plan: Yes Zoning: Yes Project Comparison Project Approval August 18, 2020 Current Application Residential Units 267 No change Height of Structures Building 1 - 79.5 feet Building 2 – 74.5 feet Townhouses – 30 feet Rowhouses – 30 feet Setbacks Front 35 feet from the face of curb No change Side 17.6 feet Parking 463 Common Open Space per Heart of the City Residential 44,945 s.f. No change Commercial (Retail) 2,915 s.f. Retail Frontage Stevens Creek Boulevard frontage 60% No change Rear of building 26% Building Area 544,435 s.f. Figure 1 Location of The Oaks Shopping Center and the proposed Westport Cupertino redevelopment. 7-27-2021 PC Meeting Page 11 of 43 Avenue to the east and north, and Highway 85 to the west. The surrounding uses are the Glenbrook Apartments to the north, De Anza College to the south (across Stevens Creek Boulevard), and the Cupertino Senior Center to the east (See Figure 1). Westport Cupertino Development The Cupertino City Council, on August 18, 2020, approved permits to allow construction of a mixed-use development on an 8.1 gross-acre site currently occupied by the Oaks Shopping Center. The primary components of the project are listed below. Two residential/commercial buildings: o Building 1 is a six-story building with 131 senior licensed assisted living units, 27 memory care residences, and 17,600 square-feet of ground-floor retail/commercial space. o Building 2 is a six-story building with 48 BMR senior independent living units and 2,400 square feet of ground-floor retail/commercial. 70 single-family residential townhouses and 18 single-family residential rowhouse condominiums. A one-level, below-ground garage with 191 parking spaces. 44,945 square feet of Residential Common Open Space 2,915 square feet of Commercial Common Open Space 386 onsite and offsite tree replacements, for the 73 protected development trees proposed to be removed and/or relocated. The approval included a vesting tentative map (VTM) (TM-2018-03) that would divide the property into two separate parcels [one 4.7 acre and one 3.1 acre parcel]. The applicant is now requesting a revised VTM to divide the property into three parcels, separating the BMR building (Building 2) in its own individual parcel. Vesting Tentative Map The project is currently approved with two separate parcels (see Figure 2 on the next page). The approved VTM for the Westport Cupertino project created one 4.7 acre and one 3.1-acre parcel. The 4.7-acre parcel (Parcel A) includes the 88 townhome and rowhouse condominiums and the 3.1-acre parcel (Parcel B, outlined in red in Figure 2) includes all the senior housing and retail portions of the projects. The applicant, Mark Tersini of KT Urban, is requesting that Building 2 be separated from Parcel B into a new Parcel C (see Figure 3 on the next page). The purpose of the request is to decouple the construction financing and schedule of Building 2, the affordable senior apartment building, from Building 1. The resultant Parcel C will be 0.6 acres and the 7-27-2021 PC Meeting Page 12 of 43 revised Parcel B will be 2.5 acres. Please refer to Att achment 2 for the revised VTM plan sheets. The applicant and its affordable housing partner, The Pacific Companies, have submitted justification letters (Attachments 3 and 4) supporting their request to add a third parcel. These are included the following reasons: Under California law BMR projects relying on tax credits must be owned by single- asset entities: the owner must own only the BMR project; the BMR building must therefore be on its own lot so that the master developer may convey it to the BMR developer. Moreover, lenders and investors will not provide financing unless the project is on its own parcel. Condition III.11 (Concurrent Development of BMR and Market-Rate Housing) of Development Permit Resolution No. 20-106, part of the original project approval, states: “…Developer has transferred the parcel on which the senior BMR housing will be constructed to an affordable housing developer or its affiliate…“. This must be completed before the City may issue Certificates of Occupancy for the BMR building and the townhome/rowhouse portions of the development. Again, the BMR must be on its own lot for the required conveyance. The points presented by the applicant and its partner are consistent with staff’s understanding of tax credit requirements. Further, the Development Permit condition outlined above anticipated that Building 2 would be developed separately from Building 1 and the townhome/rowhouses on Parcel A. The City Council on August 18, 2020 had found that the Vesting Tentative Map (TM- 2018-03) was consistent with the City’s General Plan because the development project site is permitted to have up to 30 dwelling units an acre, and that it qualified for a density bonus. Further, the development was consistent with the intent of the policies of th e General Plan for a high-density mixed-use development on this site. The current proposal does not propose any revisions to the approved project and nor does it seek to increase Figure 3 Approved Vesting Tentative Map (TM- 2018-02) with Parcel B outlined in red. Figure 2 Proposed Parcel C (blue) and revised Parcel B. 7-27-2021 PC Meeting Page 13 of 43 any density on the site . Therefore, the proposed revised VTM is equally consistent with the General Plan. Bike Improvements and Transportation Impact Fees (TIF) The August 2020 project approval included a Condition IV.2 to Resolution No. 20‐106, requiring installation of bike improvements along the south side of Stevens Creek Boulevard in lieu of payment of the transportation impact fee (TIF). It provided that “[t]he value of the improvements shall be equivalent to the Transportation Impact Fee required of the project.” Initially, the City based its TIF calculation on the trips generated from the number of proposed residential units, as well as the commercial square footage of the project, using the broad land-use categories outlined in the TIF fee program. Since the cost of the proposed bike improvements along the south side of Stevens Creek Blvd was estimated to be roughly equivalent to the TIF, the improvements were added as a condition. The intent of collecting the TIF fee is to mitigate impacts from net new PM peak-hour trips. After the August 2020 approval, a trip generation study was completed with detailed calculations of existing and proposed PM peak-hour trips. The study considered industry standard factors, such as internal trip capture and mixed-used reductions. Please refer to the Attachments 4 - 6 for the Trip Generation Memoranda that have been submitted to the City throughout the project entitlement process and have been peer reviewed by both City Staff and the City’s traffic consultant, Hexagon. A summary of the results of this analysis is presented in Table 1 below: Table 1 Trip Generation summary for the Westport Cupertino project. The updated trip generation calculations showed the proposed project generating fewer PM peak-hour trips than the existing property uses. Therefore, the City cannot impose a TIF on the Westport project, since it does not generate or cause net new vehicular trips to the site. Since no TIF is now required, these bike improvements, which were to be in lieu of the fee, are also not required. Therefore, Sheet VTM-6, Class IV Bikeway Design, has been Land Use Weekday Daily Trips AM Peak Hour IN/Out Total Peak Hour AM Trips PM Peak Hour IN/OUT Total Peak Hour PM Trips Shopping Center 85% Occupancy 2,209 36/21 57 73/79 152 Approved Westport Cupertino Project 1,755 42/53 95 63/60 123 Net New Project Trips (454) 6/32 38 (10/19) (29) 7-27-2021 PC Meeting Page 14 of 43 revised to remove the bike improvements along the south side of Stevens Creek Boulevard between Mary Ave and SR85. This change is limited to the improvements on the south side of Stevens Creek Boulevard. Condition IV.5 of Resolution No. 20-106 requires the applicant to install bike improvements along the project frontage on the north side of Stevens Creek Boulevard. This condition is not changed and remains binding on the project. Should the applicant be unable to obtain Caltrans approval of the improvements within Caltrans jurisdiction at the time of project completion, the applicant may be required to deposit fees to the City that are equivalent to the value of the required work to ensure that this work can be completed at a future date. Other Department/Agency Review The City’s Public Works Department has reviewed and added conditions to the project. Environmental Review An Initial Study was prepared and a Final EIR (State Clearinghouse 2019070377) was certified for the project, The Final EIR identifies mitigation measures to reduce the potentially significant environmental impacts of the project to less than signif icant levels. These mitigation measures were adopted and made conditions of project approval. The proposed changes to the project would not have any new or substantially more severe significant environmental impacts, because the creation of a new lot on the project site and the decision not to construct certain improvements would not have an adverse physical effect on the environment. Public Outreach and Noticing The following table is a summary of the noticing done for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda Site Signage (10 days prior to the hearing) Legal ad placed in newspaper (at least 10 days prior to the hearing) Public hearing notices were mailed to property owners citywide (10 days prior to the hearing) Posted on the City’s official notice bulletin board (one week prior to the hearing) Posted on the City of Cupertino’s website (one week prior to the hearing) 7-27-2021 PC Meeting Page 15 of 43 Next Steps The Planning Commission’s recommendation will be forwarded to the City Council for its decision on the project. The City Council’s decision will be final unless reconsidered within 10 days of the decision. Prepared by: Gian Paolo Martire, Senior Planner Reviewed by: Piu Ghosh, Planning Manager Approved for submission by: Benjamin Fu, Director of Community Development ATTACHMENTS: 1 – Draft Resolution for TM-2021-002 2 – Project Plans 3 – Letter from Mike Kelly, The Pacific Company, to the Planning Commission, titled Westport Cupertino – Parcel Requirement, dated June 28, 2021. 4 – Letter from Mark Tersini, KT Urban, to the Planning Commission, titled Westport Project Tentative Map Application No: TM-2021-002, dated June 28, 2021. 5 – Memorandum from Frederick Venter, P.E. and Anthony Nuti, Kimley Horn and Associates to Mark Tersini, KT Urban, titled Westport Cupertino – Transportation Analysis, dated November 27, 2018. 6 – Memorandum from Frederick Venter, P.E. of Kimley Horn and Associates to Mark Tersini, KT Urban, titled Westport Cupertino – Alternative Proposal: Trip Generation Corporation, dated March 27, 2020. 7 - Memorandum from Frederick Venter, P.E. and Anthony Nuti, Kimley Horn and Associates to Mark Tersini, KT Urban, titled Approved Westport Trip Generation, dated June 7, 2021. 7-27-2021 PC Meeting Page 16 of 43 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A VESTING TENTATIVE MAP TO REPLACE A PREVIOUSLY APPROVED VESTING TENTATIVE MAP (TM-2018-03) FOR THE WESTPORT CUPERTINO DEVELOPMENT PROJECT TO CREATE A SEPARATE PARCEL FOR THE AGE RESTRICTED SENIOR BELOW MARKET RATE BUILDING LOCATED AT 21267 STEVENS CREEK BOULEVARD (APN: 326-27-042, -043) The Planning Commission recommends that the City Council approve the Vesting Tentative Map, in substantially similar form to the Draft Resolution attached hereto as Exhibit TM. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 27th day of July 2021, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Ray Wang Planning Manager Chair, Planning Commission 7-27-2021 PC Meeting Page 17 of 43 RESOLUTION NO. ________ A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING OF A VESTING TENTATIVE MAP TO REPLACE A PREVIOUSLY APPROVED VESTING TENTATIVE MAP (TM-2018-03) FOR THE WESTPORT CUPERTINO DEVELOPMENT PROJECT TO CREATE A SEPARATE PARCEL FOR THE AGE RESTRICTED SENIOR BELOW MARKET RATE BUILDING LOCATED AT 21267 STEVENS CREEK BOULEVARD (APN: 326-27-042, -043) SECTION I: PROJECT DESCRIPTION Application No.: TM-2021-002 Applicant: KT Urban (Mark Tersini) Property Owner: 190 West St. James, LLC Location: 21267 Stevens Creek Blvd. (APN #326-27-042, -043) SECTION II: FINDINGS FOR A TENTATIVE MAP: WHEREAS, the City of Cupertino received an application for a Vesting Tentative Map as described in Section I of this resolution; and WHEREAS, The Westport Cupertino Mixed-Use Project (“Project”), including the Vesting Tentative Map, is fully described and analyzed in the Initial Study and Final Environmental Impact Report (State Clearinghouse No. 2019070377) (“EIR” or “Final EIR”) for the Project; and WHEREAS, on August 18, 2020, after consideration of substantial evidence contained in the entire administrative record, the City Council approved the Westport Cupertino project, by adopting resolutions including the Development Permit Resolution No 20- 106, the Vesting Tentative Map Resolution No. 20-109, and Resolution No. 20-105 certifying the EIR, adopting and requiring as conditions of approval all of the mitigation measures for the Project that are identified in the EIR and are within the responsibility and jurisdiction of the City , and adopting the Mitigation Monitoring and Reporting Program for the Project; and WHEREAS, on April 21, 2021, the applicant submitted and requested the City to consider a revised Vesting Tentative Map to decouple the senior below market rate building (Building 2) from the market rate senior housing development (Building 1) by creating a third parcel to be occupied by Building 2, and to remove certain bicycle improvements not required by the August 2020 approval; and WHEREAS, other than the changes described above, the Vesting Tentative Map proposes the same development and public improvements approved in August 2020, covering 8.1 7-27-2021 PC Meeting Page 18 of 43 gross acres and providing for 88 single-family units and 179 senior units, 48 of which will be limited to below-market-rate rents; and WHEREAS, the proposed changes to the project would not have any new or substantially more severe significant environmental impacts; and WHEREAS, on July 27, 2021 the Planning Commission recommended on a X-X vote that the City Council approve the Vesting Tentative Map (TM-2021-002), in substantially similar form to the Resolution presented (Resolution No. ______)and WHEREAS, all necessary public notices having been given as required by the Procedural Ordinance of the City of Cupertino and the Government Co de, and the Planning Commission held at least one public hearing in regard to this application, and on August 18, 2020, the City Council held a public hearing to consider the Vesting Tentative Map; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for a Tentative Map; and WHEREAS, the City Council finds as follows with regard to this application: a. That the proposed subdivision map is consistent with the City of Cupertino General Plan. The subject property is consistent with the General Plan because the property is permitted to have up to 30 dwelling units an acre and qualifies for a density bonus. The proposed development is consistent with the intent of the policies of the General Plan for a high density mixed-use development on this site. b. That the design and improvements of the proposed subdivision are consistent with the General Plan. The off-site improvements are consistent with the City’s General Plan policies related to pedestrian and bicycle safety etc. by improving Stevens Creek Boulevard, minimizing curb- cuts, and requiring an urban canopy within the public right-of-way. The project is also consistent with the General Plan's design requirements, since the project qualifies for waivers for height and slope setback. c. That the site is physically suitable for the type of development contemplated under the approved subdivision. The proposed subdivision is compatible with the adjoining land uses and no physical constraints are present that would conflict with anticipated land use development. There are no topographical anomalies that differentiate this property from adjacent properties. The site is located on the valley floor, and is not listed within any environmentally sensitive zone. 7-27-2021 PC Meeting Page 19 of 43 d. That the site is physically suitable for the intensity of development contemplated under the approved subdivision. The subject property is physically suitable in size and shape in conformance to development standards and is appropriately configured to accommodate a multi-unit mixed-used development. e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat. The design of the subdivision and proposed improvements are not likely to substantially injure fish and wildlife or their habitat because the property is already a developed site and located in an urbanized area where residential land use is allowed. The EIR concluded that all potential environmental impacts will be mitigated to a less than significant level. f. That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. The proposed subdivision design and improvements are not likely to cause serious public health problems. The proposed development is consistent with the intent of the policies of the General Plan for a high density mixed-use development on this site, and the on-site and off-site improvements improve neighborhood walkability through improved sidewalk construction with size-appropriate driveway cuts and both street and private-land tree planting. g. That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. No easement or right-of-way exists currently that would be impeded or conflict with the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the EIR and the Mitigation Monitoring and Reporting Program for the Project (EA-2018-04), subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof, and those contained in all other Resolutions approved for this Project, 1. The City Council hereby exercises its independent judgment and determines that approval of the Vesting Tentative Map, which creates a new lot on the project site and does not include certain previously-proposed improvements would not have any new or substantially more severe significant environmental impacts beyond those identified in the Final EIR (State Clearinghouse 2019070377) previously 7-27-2021 PC Meeting Page 20 of 43 certified for the Westport Cupertino development project . The Final EIR identifies mitigation measures to reduce the potentially significant environmental impacts of the project to less than significant levels. These mitigation measures were adopted and made conditions of project approval. 2. The application for a Vesting Tentative Map, Application No. TM-2021-002, is hereby approved, subject to the conditions which are enumerated in this Resolution beginning on PAGE 4 thereof, and those contained in all other Resolutions approved for this Project in August 2020 other than Resolution No. 20-106 which is superseded by this resolution, and the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application No. TM-2021-002 as set forth in the Minutes of the City Council Meeting of July 20, 2021 Meeting, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set dated December 09, 2020, consisting of 6 sheets labeled as Westport, VTM-1-VTM-6, and Kimley Horn except as may be amended by conditions in this resolution. 2. ACCURACY OF 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. 3. PRIOR APPROVAL CONDITIONS The conditions of approval contained in file nos. TR-2018-22, EXC-2019-03, U-2019- 03, ASA-2018-05, DP-2018-05 and EA-2018-04 shall be applicable to this approval unless in conflict with the conditions of approval of this resolution. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 7-27-2021 PC Meeting Page 21 of 43 5. RESIDENTIAL CONDOMINIUM MAP REQUIRED Prior to the issuance of building permits for the any building to be divided into condominium units, the applicant must record a Final Condominium Map covering the area of the building with the County of Santa Clara after approval by the Director of Public Works. 6. BUS STOP DUCKOUT The applicant will work with the Public Works staff to relocate the bus stop to a location along Stevens Creek Boulevard that will not conflict with the intersection of Mary Avenue and Stevens Creek Boulevard. 7. RECIPROCAL INGRESS/EGRESS EASEMENT The applicant shall record a private reciprocal ingress and egress easement for vehicular and pedestrian access over the drive aisles and sidewalks onsite to facilitate movement between the parcels. Easements shall be reserved on the Final Map or created by separate instrument recorded at the time of Final Map recordation. 8. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. A ny misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 9. INDEMNIFICATION To the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indem nified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City 7-27-2021 PC Meeting Page 22 of 43 Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 10. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 11. STREET IMPROVEMENTS & DEDICATION Provide street dedication in fee title and frontage improvements along the project frontage to the satisfaction of the Director of Public Works. The street improvement plans must be submitted and approved by the City prior to the Final Map recordation. Final Map recordation will not be contingent upon Caltrans approval for the proposed improvements within Caltrans right of way, however the developer shall provide adequate sureties (equivalent to 200% of the value of the improvements) for frontage improvements prior to Final Map recordation. The Applicant will be required to coordinate with Caltrans, in cooperation with the City, for approval of work located within Caltrans’ jurisdiction. If, at the time of project completion, the Applicant is unable to obtain approval from Caltrans for improvements within their jurisdiction, the Director of Public Works, at his/her sole discretion, may require the Applicant to deposit fees to the City that are equivalent to the value of the work. Street improvements may include, but are not limited to, sidewalk, curb & gutter, ADA ramps, city standard driveways, storm drain and sanitary sewer system, street tree installations, street lights (new and/or relocate), bus stop, concrete bus pad, bus 7-27-2021 PC Meeting Page 23 of 43 shelter and other related bus improvements, upgrade the existing pedestrian warning device at the mid-block crossing on Mary Avenue to rectangular rapid flashing beacons (RRFB), pavement, signs and pavement markings, installation of a Class IV Separated Bikeway between Mary Ave and Hwy 85 NB on-ramp per the approved Cupertino Bicycle Transportation Plan Implementation along project frontage on Stevens Creek Blvd. The installation will require traffic signal modifications at the intersection of Stevens Creek Blvd & Hwy 85. The Applicant will be required to coordinate with Caltrans, in cooperation with the City, for work located within Caltrans’ jurisdiction. At the street improvement plan stage, the proposed bus stop design (shown on VTM- 6) on Stevens Creek Blvd., west of Mary Ave. shall be further reviewed and the final design must be approved by both VTA and City of Cupertino prior to issuance of Final Map. The City may require a bus duckout. As a result, additional easement area may be required for the proposed bus shelter. Project shall adhere to the Heart of the City Specific Plan for streetscape design guidelines. 12. TRANSPORTATION The City will not record any Final Map before it has approved plans for any improvements required along the project frontage including Bicycle Transportation Plan improvements envisioned in the Bicycle and Pedestrian Transportation Plans and the Applicant has provided security therefor. The improvements shall include construction of a portion of the Stevens Creek Blvd Separated Bicycle Lanes along the north side of Stevens Creek Blvd. between Hwy 85 & Mary Ave, or other related frontage work as determined by the Director of Public Works. 13. PEDESTRIAN AND BICYCLE IMPROVEMENTS The Applicant shall provide pedestrian and bicycle related improvements, including but not limited to, pedestrian and Class III bike paths and bicycle racks throughout the project site, and RRFB on Mary Ave consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the Director of Public Works. 14. FINAL MAP Prior to recordation of final map, all building(s) that straddle new property lines must be removed. No structures are permitted to cross property lines. Project is required to dedicate at the time of Final Map approval Public Access Easements to facilitate on-site Class III bike and pedestrian paths as identified in the Cupertino Bicycle Transportation Plan and Pedestrian Transportation Plan. Public 7-27-2021 PC Meeting Page 24 of 43 Access Easements will be required at the northwestern and southwestern property corners, along the west side of the project site connecting north to south between Stevens Creek Boulevard and Mary Avenue, and throughout the project site connecting east to west. 15. GATEWAY MONUMENT SIGN As part of the street improvement plans, the Applicant shall design and show placement of a gateway monument sign in the median of Stevens Creek Boulevard, east of Hwy 85. Prior to project completion, the Applicant shall fabricate and install a gateway monument sign. The precise location, design and size of the gateway monument sign shall be to the satisfaction of the Director of Public Works. 16. STREET LIGHTING INSTALLATION As part of the street improvement plans, street lighting shall be designed to the satisfaction of the Director of Public Works. Street lights shall be installed as designed prior to project completion. 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. 17. GRADING Grading shall be performed to the satisfaction of the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 18. STORM DRAINAGE Prior to the Final Map approval, the Applicant shall address and mitigate the storm drainage impact as the result of the environmental impact study. 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 and identified in the environmental study), bioretention basins, and Low Impact Development measures to reduce the amount of runoff from the site and improve water quality. All storm drain inlets shall be clearly marked with the words “No Dumping – Flows to Creek” using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division. 7-27-2021 PC Meeting Page 25 of 43 Project will be required to install stormwater trash capture facilities that meet the requirements established by Municipal Regional Permit. Trash capture devices shall be located onsite and shall be situated so as to ensure trash carried by storm water is collected onsite and does not flow directly to the City storm drain system. Applicant’s engineer shall design and size the trash capture devices to ensure that in the event the devices cause an obstruction to onsite stormwater flow, onsite flooding does not occur. 19. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, 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. 20. 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 recordation of Final Map. Fees: a. Checking & Inspection Fees: Per current fee schedule ($8,668.00 or 6% of improvement costs) b. Grading Permit: Per current fee schedule ($3,450.00 or 6% of improvement costs) c. Transportation Impact Fee (As applicable): Per current fee schedule ($6,695/PM peak-hour trip; Multi-Family - $4,112/unit, Single-Family- $6,631/unit, and Commercial -$10.67/sf) 7-27-2021 PC Meeting Page 26 of 43 d. Storm Drainage Fee: Per current fee schedule ($10,169per AC) e. Park Fee: Per current fee schedule Senior - $30,000/DU Other Residential – $105,000, $60,000 and/or $54,000/DU depending on density f. Map Review Fee: Per current fee schedule ($11,527-Tract Map) g. Storm Management Plan Fee: Per current fee schedule ($1,484) h. Street Tree By Developer j. Power Cost: ** ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor & Material Bond: 100% of Off-site and On-site Improvement On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit . In the event of said change or changes, the fees charged at that time will reflect the then current fee schedule. 21. TRASH, RECYCLING AND COMPOST ENCLOSURES Trash enclosure plans must be designed in accordance with the City’s “Public Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is required prior to obtaining a building permit. (CMC 9.18.210 H & K) Applicant shall enter into an agreement with the City that indemnifies a nd holds harmless both the City and the refuse and recycling collection company (Recology) from and against any harm, damage or maintenance that may occur or become necessary to onsite paving stone driveway surfaces. 22. OPERATIONS & MAINTENANCE AGREEMENT Developer shall enter into an Operations & Maintenance Agreement with the City prior to prior to recordation of Final Map or issuance of building permits, whichever comes first. The Agreement shall include the operation and maintenance for non - standard appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk, pavers, and street lights. 7-27-2021 PC Meeting Page 27 of 43 23. UNDERGROUND UTILITIES Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Developer 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. 24. TRANSFORMERS & CABINETS 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. 25. WATER BACKFLOW PREVENTERS Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company. 26. 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. 27. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer 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. 28. EROSION CONTROL PLAN Developer must provide an approved erosion control plan by a Registered Civil Engineer prior to issuance of permits for construction operations for the project. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 7-27-2021 PC Meeting Page 28 of 43 29. WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. 30. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City prior to issuance of permits for any work within the public right of way. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 31. STREET TREES Prior to completion of the project, 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. 32. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 33. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant). 34. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 35. SAN JOSE WATER COMPANY CLEARANCE Provide San Jose Water Company approval for water connection, service capability and location and layout of water lines and backflow preventers prior to recordation of Final Map or issuance of building permits, whichever comes first. 36. DEDICATION OF UNDERGROUND WATER RIGHTS 7-27-2021 PC Meeting Page 29 of 43 Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley. 37. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to recordation of Final Map or issuance of building permits, whichever comes first. 38. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be required prior to recordation of Final Map or issuance of building permits, whichever comes first. Provide letters from PG&E and AT&T to state their concurrence with the proposed easement relocation. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section I V. of this Resolution conform to generally accepted engineering practices. ___________________________ Chad Mosley, Assistant Director of Public Works City Engineer CA License 66077 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of August, 2021, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: 7-27-2021 PC Meeting Page 30 of 43 ________ Darcy Paul, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 1396402.1 7-27-2021 PC Meeting Page 31 of 43 Δ48 UNITS4-PLEX4-PLEX4-PLEX4-PLEX 5-PLEX7-PLEX6-PLEX6-PLEX6-PLEX6-PLEX6-PLEX6-PLEX6-PLEX5-PLEX7-PLEX158 UNITSRETAILRETAILRETAILMARY AVESTEVENS CREEK BLVDSTATE ROUTE 85PROPOSED PARCEL "A"4.7 ACPROPOSEDPARCEL "B"2.5 AC6-PLEXPROPOSEDPARCEL "C"0.6 AC© WESTPORT PREPARED FOR KT URBAN COVER SHEETVTM-1SHEET INDEXASSESSOR'S PARCEL NUMBERSGENERAL NOTESPROJECT TEAM’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”’”LEGAL DESCRIPTIONBENCHMARKNORTHVESTING TENTATIVE MAP NO. 2021-002FOR CONDOMINIUM PURPOSESCITY OF CUPERTINO, COUNTY OF SANTA CLARA,STATE OF CALIFORNIAABBREVIATIONS7-27-2021 PC Meeting Page 32 of 43 MARY AVE STEVENS CREEK BLVDSTATE ROUTE 85STEVENS CREEK BLVD ©WESTPORTPREPARED FORKT URBANNORTH EXISTINGCONDITIONSVTM-2 LEGEND NOTES 7-27-2021 PC Meeting Page 33 of 43 Δ D VTM-5 C VTM-5 B VTM-5 A VTM-5 F VTM-5 E VTM-5BVTM-5G VTM-5 FF 299.21 FF 298.32 FF 297.32 FF 297.32FF 298.32FF 299.21 FF 299.81 FF 298.81FF 300.58FF 300.71FF 301.00FF 301.67FF 300.86FF 300.86FF 299.88FF 299.88FF 294.00 FF 294.00 FF 298.7 FF 296.50 FF 294.00 FF 296.3 FF 299.0 FF 294.00 FF 295.25 MARY AVE STEVENS CREEK BLVDSTATE ROUTE 85H VTM-5 I VTM-5 ©WESTPORTPREPARED FORKT URBANNORTH GRADING ANDDRAINAGE PLANVTM-3 LEGEND: 7-27-2021 PC Meeting Page 34 of 43 Δ SS RIM: 300.9 INV OUT 8": 295.4 S SS RIM: 300.2 INV IN 8": 291.1 N INV OUT 8": 291.0 E SS RIM: 299.4 INV IN 8": 293.7 N INV OUT 8": 292.3 S SS RIM: 298.7 INV IN 8": 289.1 W INV OUT 8": 289.0 E SS RIM: 298.6 INV OUT 8": 290.4 E SS RIM: 297.3 INV IN 8": 288.3 W INV OUT 8": 288.2 E SS RIM: 296.7 INV IN 8": 287.2 W INV IN 8": 290.1 S INV OUT 8": 287.1 N SS RIM: 295.0 INV IN 8": 285.9 S INV IN 8": 286.1 W INV OUT 8": 285.8 N SS RIM: 293.5 INV IN 8": 285.4 S INV OUT 8": 285.3 E SS RIM: 292.0 INV IN 8": 284.3 W INV IN 8": 284.3 E INV OUT 8": 284.1 NE SS RIM: 291.0 INV OUT 8": 287.5 N SS RIM: 288.5 INV IN 8": 285.0 SE INV OUT 8": 284.9 W SS RIM: 286.7 INV IN 8": 283.1 SW SDCB GRATE: 301.7 INV IN 12": 293.4 N INV IN 12": 293.2 E INV OUT 12": 293.1 S SDCB GRATE: 301.0 INV OUT 12": 296.2 E SDMH RIM: 300.7 INV IN 12": 293.9 N INV OUT 12": 293.8 W SDCB GRATE: 300.5 INV IN 12": 292.7 N INV OUT 12": 292.6 SE SDCB GRATE: 298.5 INV OUT 12": 294.2 S SDCB GRATE: 300.0 INV IN 12": 292.0 NW INV OUT 12": 291.9 E SDCB GRATE: 300.0 INV IN 12": 291.6 W INV OUT 12": 291.5 E SDCB GRATE: 298.7 INV OUT 12": 294.6 S SDCB GRATE: 298.5 INV IN 12": 294.3 N INV OUT 12": 294.2 S SDCB GRATE: 300.7 INV OUT 12": 291.1 W INV OUT 12": 291.0 E SDCB GRATE: 298.5 INV IN 12": 293.7 W INV OUT 12": 293.6 E SDCB GRATE: 298.0 INV IN 12": 291.3 E INV IN 12": 291.4 W SDMH RIM: 297.5 INV IN 12": 292.1 W INV OUT 15": 292.0 E SDCB GRATE: 297.2 INV IN 18": 289.0 W INV OUT 15": 288.9 NE SDCB GRATE: 296.7 INV IN 15": 288.7 SW INV OUT 15": 288.6 E SDCB GRATE: 296.0 INV IN 12": 290.7 W INV OUT 12": 291.8 E INV OUT 18": 290.6 N SDCB GRATE: 296.0 INV IN 12": 290.9 W INV OUT 12": 290.8 E SDMH RIM: 294.7 INV IN 15": 288.1 S INV IN 12": 290.4 E INV OUT 15": 288.0 N SDMH RIM: 293.9 INV IN 15": 287.3 S INV IN 15": 289.6 W INV OUT 15": 287.2 E SDMH RIM: 295.0 INV IN 15": 288.4 W INV OUT 15": 288.3 N SDCB GRATE: 293.7 INV OUT 15": 291.5 NE SDCB GRATE: 293.0 INV IN 12": 287.8 S INV OUT 15": 288.2 N SDCB GRATE: 293.0 INV IN 15": 286.5 W INV OUT 15": 286.4 SE SDMH RIM: 291.5 INV IN 18": 285.5 W SDCB GRATE: 291.9 INV IN 15": 290.0 N INV OUT 15": 289.9 E SDCB GRATE: 291.9 INV IN 15": 290.0 SW INV IN 15": 286.8 S INV OUT 15": 286.7 NW SDMH RIM: 296.4 INV IN 15": 285.9 NW INV IN 15": 286.3 SE INV OUT 18": 285.8 E SDCB GRATE: 290.7 INV IN 15": 287.7 S INV OUT 15": 287.6 N SDMH RIM: 289.3 MARY AVE STEVENS CREEK BLVDSTATE ROUTE 85SDCB GRATE: 292.3 INV OUT 12": 290.7 W SDMH RIM: 293.4 INV IN 12": 288.4 W INV OUT 12": 288.3 N SS RIM: 297.9 INV OUT 8": 290.9 N SDMH RIM: 294.5 INV IN 15": 290.2 W INV OUT 15": 290.1 S ©WESTPORTPREPARED FORKT URBANNORTH UTILITY PLANVTM-4 LEGEND: NOTES: 7-27-2021 PC Meeting Page 35 of 43 BUILDINGGARAGEGARAGEBUILDINGROWHOUSEGARAGEGARAGEROWHOUSEBUILDINGBUILDING© WESTPORT PREPARED FOR KT URBAN SECTIONSVTM-5SECTION ASECTION BSECTION CSECTION DSECTION ESECTION FSECTION GSECTION HSECTION I7-27-2021 PC Meeting Page 36 of 43 11' LANE10' LANE10.5' LANE10.5' LANE7' BIKE LANESTEVENS CREEK BLVDCALTRANS STATEROUTE 85 ON-RAMPTRIM APPROXIMATELY1' OF MEDIANEXISTING CURB ANDGUTTER TO REMAIN2' PRECASTCONCRETE BUFFERRIGHT-OF-WAYINTERSECTION REQUIRESSEPARATE BICYCLE SIGNALPHASE IN EASTBOUND &WESTBOUND DIRECTIONS.INSTALL BICYCLEPUSH-BUTTONEXISTING MEDIANTO REMAINPROPOSED ROWEXISTING ROW2' PRECASTCONCRETE BUFFERINSTALL PEDESTRIANPUSH-BUTTONNEW PORK CHOP ISLANDEXISTINGCALTRANS ROW11.5' LANE10' LANDSCAPING6' SIDEWALK11.5' LANESTEVENS CREEK BLVDMARY AVEPROPOSED BUS STOP AND BUSSHELTER. FINAL DESIGN TO BECOORDINATED WITH THE CITY.EXISTING MEDIANTO REMAINPROPOSED ROWEXISTING ROWEXISTING CURB ANDGUTTER TO REMAINREVISED CROSSWALK STRIPINGBIKE BOX12.5'± LANEGREEN CONFLICT MARKING (TYP)EXISTINGCALTRANS ROW© WESTPORT PREPARED FOR KT URBAN CLASS IV BIKEWAY DESIGNVTM-6MATCHLINE SEE BELOW LEFTMATCHLINE SEE ABOVE RIGHT NORTH7-27-2021 PC Meeting Page 37 of 43 June 28, 2021 Ray Wang, Chairman and Planning Commissioners City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 [Via email] RE: Westport Cupertino – Parcel Requirement Dear Chairman Wang and Commissioners: We recently received an inquiry about the requirement to have a parcel created specifically for the Westport Cupertino Affordable project. The requirement is dictated by California State Law that we need to have a legal lot conveyed and the Subdivision Map is the most efficient way to do so. We have produced over 150 affordable housing projects and every single project has its own parcel. This is driven by the fact that the financing for these projects require that they be single-asset entities. No debt or equity provider will provide financing unless the project has its own parcel. This is standard. I hope this is helpful and should you have any additional questions, please feel free to contact me at (916) 834-5986. Sincerely, Mike Kelley 7-27-2021 PC Meeting Page 38 of 43 7-27-2021 PC Meeting Page 39 of 43 7-27-2021 PC Meeting Page 40 of 43 7-27-2021 PC Meeting Page 41 of 43 7-27-2021 PC Meeting Page 42 of 43 7-27-2021 PC Meeting Page 43 of 43