Loading...
03 Amendments and exhibits ~u.vJJ tc. 3/ ð ID ~ U-2005-01 (EA-2005-01) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH 175,000 SQUARE FEET OF INDUSTRIAL BUILDINGS AND CONSTRUCT 94 SINGLE F AMIL Y RESIDENTIAL UNITS AND RECREATIONAL SPACE SECTION I: PROTECT DESCRIPTION Application No(s).: U-2005-01 (EA-2005-01) Applicant: Alan Loving (Taylor Woodrow Homes) Location: Results Way, west of Bubb Road and east of Imperial Avenue. SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and Model Resolution Page 2 U-2005-01 (EA-2005-01) January 24,2006 That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No(s). U-2005-01 (EA-2005-01), as set forth in the Minutes of the Planning Commission Meeting of January 24, 2006, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled The Parks at Manta Vista dated 12-22-05 including the cover sheet, sheets Al -A18, CI-C9, C3, Ll.I-L4.2, except as may be amended by the Conditions contained in this resolution. Also included in this approval is the revised site plan for the remaining Grosvenor buildings, sheets PL-l and A-I dated 6-22-05. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by dedicating 15% of the units as affordable units. The applicant shall record a covenant, which shall be subject to review and approval by the City Attorney, to be recorded prior to the issuance of building permits. 4. PUBLIC ART The applicant shall set aside .25% (up to a maximum of $100,000) of the total project budget for on-site art. The plan shall be reviewed and approved by the Fine Arts Commission and installed prior to issuance of final building occupancy permits. 5. PUBLIC OPEN SPACE All parks and pedestrian pathways shall be improved for public use with the park at the corner of Bubb Road and Results Way and its perimeter sidewalk and mowing strip being dedicated to the City of Cupertino after improvement. E:\Taylow Woodrow\TW Resos\U-2005-01 res.doc Model Resolution Page 3 U-2005-01 (EA-2005-01) January 24,2006 Applicant or the HOA shall cover the City's park maintenance costs at the City's charge for such work, which currently is based on $0.70 per square foot. The base amount paid by the Applicant or HOA to cover the City's Park maintenance costs shall be subject to an annual increase based upon the Consumer Price Index applicable to the San Francisco Bay Area. Applicant, the HOA or Grosvenor California shall maintain all pedestrian pathways that are not included in the park at the corner of Bubb Road and Results Way dedicated to the City. Signage shall be included in the improvements stating that the parks and pathways are available for the public use and identifying the parks as City of Cupertino publicly accessible parks. Said signage shall be located at the trail entrance to the project and in the interior of the project at each park. In return for dedicating the park at Bubb Road to the City for public use, the City shall indemnify Applicant, the HOA and Grosvenor California from any claims arising from public use of said park, except where caused by their sole negligence or willful misconduct. The Applicant, the HOA and Grosvenor California shall indemnify the City from any and all claims arising from use of the pedestrian pathways over which the City is granted easements for public use but over which the Applicant, the HOA or Grosvenor California maintains control, except where such claims are caused by the City's sole negligence or willful misconduct. 6. PUBLIC PEDESTRIAN EASEMENTS Public pedestrian easements over the pedestrian trail areas (portion on private property) and through the interior pedestrian paths shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of final occupancy permits. 7. ARCHITECTURAL DETAILS AND FINISHES Architectural details and finishes shall be reviewed by staff and the City Architectural Consultant, if necessary, to ensure that high quality finishes are used on the homes. Staff shall review and approve all stone and wood trim products, lighting fixtures as well as the individual unit fences to ensure high quality. 8. DEVELOPMENT AGREEMENT Prior to issuance of building permits the applicant shall verify they have satisfied their obligations relating to the development agreement with the Cupertino Union School District and the Fremont Union High School District. 9. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R's): Applicant shall disclose in the development's CC&R's that the open space (parks and pedestrian trails) are available for public use, with the trails maintained by the HOA and the parks maintained by the City, with all costs of maintenance paid for by the HOA. E:\Taylow Woodrow\TW Resos\U-2005-01 res.doc Model Resolution Page 4 U-2005-01 (EA-2005-01) January 24,2006 10. LANDSCAPE REVIEW The applicant shall submit a comprehensive landscape plan, including water conservation and pesticide reduction certifications, in conformance with Chapter 14.15, Xeriscape Landscaping and the pesticide reduction measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Municipal Code. 11. BUILDING MATERIAL RECYLCLING The existing building and site materials shall be recycled to the maximum extent possible subject to review by the Building Official. Proof of recycling shall be submitted to the City for review prior to final building occupancy. 12. TREE PRESERVATION REOUlREMENTS Trees Nos. 1-9,11-30,32-61,88-90,104,112,113,115,121,130,131, 146-159, 161, 165, 166, 168, 170 and 171 identified in a tree survey report titled: "Tree Survey" prepared by Me Clenahan Consulting, LLC and dated November 10, 2004 shall be preserved on-site and the arborist recommendations enumerated in that report as they may apply to the above referenced trees shall be adhered to. Those recommendations may be modified by a future supplemental report prepared by said arborist. A contract shall be entered into with the City's Consulting Arborist, Barrie Coate and Associates and a copy submitted to staff. The contract will include an agreement to participate in initial site inspection prior to demolition, grading or construction activity to confirm installation of recommended protection measures, participation in plan development which requires the arborist to be involved prior to demolition, grading and road construction plans to confirm recommended practices are implemented. The contract shall also require the arborist to submit written reports to staff confirming site inspections have been made and recommended protection measures have been implemented. A bond in the amount of $100,000 shall be submitted for the protection of all trees required to be protected during development. The bond may be released following final inspection by the above reference arborist who shall report in writing to the City the status of the trees and their expectancy of survival. Prior to final occupancy, a covenant shall be recorded against the lot(s) containing the specimen size oak trees, notifying future property owners of the protected status of the tree and the requirement ofà City-approved tree removal permit prior to removal or pruning of the canopy in excess of 25%. In addition the covenant shall prohibit the planting of sod lawn and the installation of irrigation under the canopies of the oaks. E:\Taylow Woodrow\TW Resos\U-2005-01 res.doc Model Resolution Page 5 U-2005-01 (EA-2005-01) January 24,2006 The covenant shall be reviewed and approved by the City Attorney prior to recordation. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City, Santa Clara County Fire and San Jose Water Company. 5. TRAFFIC MITIGATIONS Applicant shall: 1) make the street improvements shown on the plan set sheet labeled "Potential McClellan Road Improvements, Figure 1" , which include a dedication of right of way along the north side of McClellan Road west of Bubb Road, and which are estimated to cost $500,000; 2) pay $176,000 to fund a crossing guard at the Bubb & McClellan intersection; and 3) pay $176,000 to fund a drop- off and pick-up coordinator at Lincoln Elementary. Prior to recordation of the final map, the applicant will make a financial contribution to CUSD for $176,000 for the drop-off and pick-up coordinator and a financial contribution to the City of $176,000 for the crossing guard at McClellan and Bubb Roads. Improvements to McClellan Road shall be completed before September 1, 2006, barring delays beyond Applicant's control. 6. TRAFFIC CONTROL SIGNS AND MARKINGS The developer shall submit traffic control signs and markings for approval by the City for items within the City's right of way. 7. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan E:\Taylow Woodrow\TW Resos\U-2005-01 res. doc Model Resolution Page 6 U-2005-01 (EA-2005-01) January 24,2006 for work in the right of way as well as a routing plan for all vehicles used during construction. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 8. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. The developer must submit retaining wall designs, specifications and calculations for approval by the City. 9. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Development shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. Drainage improvements shall be consistent with storm water quality guidelines, as determined by the City Engineer. *Pre and Post Development Calculations are required 10. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City and Santa Clara County Fire. 11. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 12. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: E:\Taylow Woodrow\TW Resos\U-2005-01 res. doc Model Resolution Page 7 U-2005-01 (EA-2005-01) January 24,2006 a. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost with a $2,130.00 min. $ 6% of Site Improvement Cost with a $2,000.00 min. $ 3,000.00 TBD b. Grading Permit: c. d. Development Maintenance Deposit: Storm Drainage Fee: Power Cost: Map Checking Fees: Park Fees: Street Tree ** e. f. g. h. $ 6,750.00 $ 729,000.00*** By Developer ** Based on the latest effective PG&E rate schedule approved by the Public Utility Commission (p.u.e.) *** Park fees may be subject to partial credit for park improvement and dedication, as determined by the City Engineer. Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the 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 if the Council has adopted fee changes before then, and in the event of said change or changes, the fees charged at that time will reflect the then current fee schedule. 13. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing or landscaping or located underground such that said equipment is not visible from public street areas. 14. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 15. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. E:\Taylow Woodrow\TW Resos\U-2005-01 res.doc Model Resolution Page 8 U-2005-01 (EA-2005-01) January 24,2006 16. STORMW A TER OUALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing one (1) acre or more of impervious surface, the applicant must fuIfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management Plan, BMP operation and maintenance responsibilities and BMP inspection and reporting. 17. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Department in regards to refuse truck access for the proposed development. 18. MAINTENANCE AGREEMENT A maintenance agreement between Applicant, Grosvenor California and the City shall be required for all non-standard items within the City's right of way and publicly accessible paths and open spaces. Applicant, Grosvenor California or the HOA will be responsible for maintenance of all pathways covered by the pedestrian easements that are not included in the parks dedicated to the City, including associated landscaping. 13. PERCOLATION POND IMPROVEMENTS Applicant shall provide to the City $80,000 to pay for landscape and beautification of the percolation pond located at the northwest corner of Bubb and McClellan Roads. Future maintenance of the landscaping shall be the responsibility of the City of Cupertino or the Santa Clara Valley Water District (SCVWD), which owns and controls the percolation pond area. Installation and maintenance of any landscape and beautification improvements in the percolation pond area will be subject to an agreement or agreements between the City and the SCVWD. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.10 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. Ralph Qualls, Director of Public Works E:\Taylow Woodrow\TW Resos\U-2005-01 res.doc Model Resolution Page 9 U-2005-01 (EA-2005-01) January 24,2006 PASSED AND ADOPTED this 24th day of January, 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Cupertino Planning Commission E:\Taylow Woodrow\TW Resos\U-2005-01 res.doc ~~ C'L 3/tlo(, ASA-2005-02 (EA-2005-01) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO DEMOLISH 175,000 SQUARE FEET OF INDUSTRIAL BUILDINGS AND CONSTRUCT 94 SINGLE FAMILY RESIDENTIAL UNITS AND RECREATIONAL SPACE SECTION I: PROTECT DESCRIPTION Application No(s).: ASA-2005-02 (EA-2005-01) Applicant: Alan Loving (Taylor Woodrow Homes) Location: Results Way, west of Bubb Road and east of Imperial Avenue. SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval Permit, as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general weIfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Architectural and Site Approval Permit is Model Resolution Page 2 ASA-2005-02 (EA-2005-01) January 24,2006 hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which th,e findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No(s). ASA-2005-02 (EA-2005-01), as set forth in the Minutes of the Planning Commission Meeting of January 24, 2006, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled The Parks at Manta Vista dated 12-22-05 including the cover sheet, sheets Al -A18, C1-C9, C3, Ll.1-L4.2, except as may be amended by the Conditions contained in this resolution. Also included in this approval is the revised site plan for the remaining Grosvenor buildings, sheets PL-1 and A-I dated 6-22-05. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by dedicating 15% of the units. The applicant shall record a covenant, which shall be subject to review and approval by the City Attorney, to be recorded prior to the issuance of building permits. 4. PUBLIC ART The applicant shall set aside .25% (up to a maximum of $100,0(0) of the total project budget for on-site art. The plan shall be reviewed and approved by the Fine Arts Commission and installed prior to issuance of final building occupancy permits. 5. PUBLIC OPEN SPACE All parks and pedestrian pathways shall be improved for public use with the park E:\Taylow Woodrow\TW ResosIASA-2005-02 res.doc Model Resolution Page 3 ASA-2005-02 (EA-2005-01) January 24,2006 at the corner of Bubb Road and Results Way and its perimeter sidewalk and mowing strip being dedicated to the City of Cupertino after improvement. Applicant or the HOA shall cover the City's park maintenance costs at the City's charge for such work, which currently is based on $0.70 per square foot. The base amount paid by the Applicant or HOA to cover the City's Park maintenance costs shall be subject to an annual increase based upon the Consumer Price Index applicable to the San Francisco Bay Area. Applicant, the HOA or Grosvenor California shall maintain all pedestrian pathways that are not included in the park at the corner of Bubb Road and Results Way dedicated to the City. Signage shall be included in the improvements stating that the parks and pathways are available for the public use and identifying the parks as City of Cupertino publicly accessible parks. Said signage shall be located at the trail entrance to the project and in the interior of the project at each park. In return for dedicating the park at Bubb Road to the City for public use, the City shall indemnify Applicant, the HOA and Grosvenor California from any claims arising from public use of said park, except where caused by their sole negligence or willful misconduct. The Applicant, the HOA and Grosvenor California shall indemnify the City from any and all claims arising from use of the pedestrian pathways over which the City is granted easements for public use but over which the Applicant, the HOA or Grosvenor California maintains control, except where such claims are caused by the City's sole negligence or willful misconduct. 6. PUBLIC PEDESTRIAN EASEMENTS Public pedestrian easements over the pedestrian trail areas (portion on private property) and through the interior pedestrian paths shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of final occupancy permits. 7. ARCHITECTURAL DETAILS AND FINISHES Architectural details and finishes shall be reviewed by staff and the City Architectural Consultant, if necessary, to ensure that high quality finishes are used on the homes. Staff shall review and approve all stone and wood trim products, lighting fixtures as well as the individual unit fences to ensure high quality. 8. DEVELOPMENT AGREEMENT Prior to issuance of building permits the applicant shall verify they have satisfied their obligations relating to the development agreement with the Cupertino Union School District and the Fremont Union High School District. 9. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R's): Applicant shall disclose in the development's CC&R's that the open space (parks and pedestrian trails) are available for public use, with the trails maintained by the HOA and the parks maintained by the City, with all costs of maintenance paid for E:\Taylow Woodrow\TW ResosIASA-2005-02 res.doc Model Resolution Page 4 ASA-2005-02 (EA-2005-01) January 24,2006 by the HOA. 10. LANDSCAPE REVIEW The applicant shall submit a comprehensive landscape plan, including water conservation and pesticide reduction certifications, in conformance with Chapter 14.15, Xeriscape Landscaping and the pesticide reduction measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Municipal Code. 11. BUILDING MATERIAL RECYLCLING The existing building and site materials shall be recycled to the maximum extent possible subject to review by the Building Official. Proof of recycling shall be submitted to the City for review prior to final building occupancy. 12. TREE PRESERVATION REOUlREMENTS Trees Nos. 1-9, 11-30, 32-61, 88-90, 104, 112, 113, 115, 121, 130, 131, 146-159, 161, 165, 166, 168, 170 and 171 identified in a tree survey report titled: "Tree Survey" prepared by Me Oenahan Consulting, LLC and dated November 10, 2004 shall be preserved on-site and the arborist recommendations enumerated in that report as they may apply to the above referenced trees shall be adhered to. Those recommendations may be modified by a future supplemental report prepared by said arborist. A contract shall be entered into with the City's Consulting Arborist, Barrie Coate and Associates and a copy submitted to staff. The contract will include an agreement to participate in initial site inspection prior to demolition, grading or construction activity to confirm installation of recommended protection measures, participation in plan development which requires the arborist to be involved prior to demolition, grading and road construction plans to confirm recommended practices are implemented. The contract shall also require the arborist to submit written reports to staff confirming site inspections have been made and recommended protection measures have been implemented. A bond in the amount of $100,000 shall be submitted for the protection of all trees required to be protected during development. The bond may be released following final inspection by the above reference arborist'who shall report in writing to the City the status of the trees and their expectancy of survival. Prior to final occupancy, a covenant shall be recorded against the lot(s) containing the specimen size oak trees, notifying future property owners of the protected status of the tree and the requirement of a City-approved tree removal permit prior to removal or pruning of the canopy in excess of 25%. In addition the covenant shall prohibit the planting of sod lawn and the installation of irrigation under the canopies of the oaks. E:\Taylow W oodrow\TW ResosIASA-2005-02 res.doc Model Resolution Page 5 ASA-2005-02 (EA-2005-01) January 24,2006 The covenant shall be reviewed and approved by the City Attorney prior to recordation. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City, Santa Clara County Fire and San Jose Water Company. 5. TRAFFIC MITIGATIONS Applicant shall: 1) make the street improvements shown on the plan set sheet labeled "Potential McClellan Road Improvements, Figure 1" , which include a dedication of right of way along the north side of McClellan Road west of Bubb Road, and which are estimated to cost $500,000; 2) pay $176,000 to fund a crossing guard at the Bubb & McClellan intersection; and 3) pay $176,000 to fund a drop- off and pick-up coordinator at Lincoln Elementary. Prior to recordation of the final map, the applicant will make a financial contribution to CUSD for $176,000 for the drop-off and pick-up coordinator and a financial contribution to the City of $176,000 for the crossing guard at McClellan and Bubb Roads. Improvements to McClellan Road shall be completed before September 1, 2006, barring delays beyond Applicant's control. 6. TRAFFIC CONTROL SIGNS AND MARKINGS The developer shall submit traffic control signs and markings for approval by the City for items within the City's right of way. 7. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer E:\Taylow W oodrow\TW ResosIASA-2005-02 res.doc Model Resolution Page 6 ASA-2005-02 (EA-2005-01) January 24,2006 to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 8. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. The developer must submit retaining wall designs, specifications and calculations for approval by the City. 9. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Development shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. Drainage improvements shall be consistent with storm water quality guidelines, as determined by the City Engineer. *Pre and Post Development Calculations are required 10. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City and Santa Clara County Fire. 11. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 12. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. E:\Taylow Woodrow\TW ResosIASA-2005-02 res.doc Model Resolution Page 7 ASA-2005-02 (EA-2005-01) January 24,2006 Fees: a. b. c. d. e. f. g. h. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost with a $2,130.00 min. $ 6 % of Site Improvement Cost with a $2,000.00 min. $ 3,000.00 TBD Grading Permit: Development Maintenance Deposit: Storm Drainage Fee: Power Cost: Map Checking Fees: Park Fees: Street Tree ** $ 6,750.00 $ 729,000.00*** By Developer ** Based on the latest effective PG&E rate schedule approved by the Public Utility Commission (P.U.e.) *** Park fees may be subject to partial credit for park improvement and dedication, as determined by the City Engineer. Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the 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 if the Council has adopted fee changes before then, and in the event of said change or changes, the fees charged at that time will reflect the then current fee schedule. 13. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing or landscaping or located underground such that said equipment is not visible from public street areas. 14. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 15. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or E:\Taylow W oodrow\TW ResosIASA-2005-02 res. doc Model Resolution Page 8 ASA-2005-02 (EA-2005-01) January 24,2006 sediment control plan shall be provided. 16. STORMW ATER OUALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing one (1) acre or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management Plan, BMP operation and maintenance responsibilities and BMP inspection and reporting. 17. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Department in regards to refuse truck access for the proposed development. 18. MAINTENANCE AGREEMENT A maintenance agreement between Applicant, Grosvenor California and the City shall be required for all non-standard items within the City's right of way and . publicly accessible paths and open spaces. Applicant, Grosvenor California or the HOA will be responsible for maintenance of all pathways covered by the pedestrian easements that are not included in the parks dedicated to the City, including associated landscaping. 13. PERCOLATION POND IMPROVEMENTS Applicant shall provide to the City $80,000 to pay for landscape and beautification of the percolation pond located at the northwest corner of Bubb and McClellan Roads. Future maintenance of the landscaping shall be the responsibility of the City of Cupertino or the Santa Clara Valley Water District (SCVWD), which owns and controls the percolation pond area. Installation and maintenance of any landscape and beautification improvements in the percolation pond area will be subject to an agreement or agreements between the City and the SCVWD. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.10 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. Ralph Qualls, Director of Public Works E:\Taylow Woodrow\TW ResosIASA-2005-02 res.doc Model Resolution Page 9 ASA-2005-02 (EA-2005-01) January 24,2006 PASSED AND ADOPTED this 24th day of January, 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Cupertino Planning Commission E:\Taylow Woodrow\TW ResosIASA-2005-02 res.doc t~ TM-2005-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 12-ACRE PARCEL INTO 94 LOTS PLUS ONE LOT HELD IN COMMON SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2005-01 Alan Loving (Taylor Woodrow Homes) Results Way, East of Bubb Road and West of Imperial Avenue SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. £) 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. Model Resolution Page 2 TM-2005-01 January 24, 2006 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2005-01 for a Tentative Map is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application TM-2005-01, as set forth in the Minutes of Planning Commission Meeting of January 24, 2006, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approved is based on the approved plans, entitled "Tentative Map", prepared by Brian Kangas Foulk, dated 6/10/05. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. ROAD MAINTENANCE AGREEMENT: A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. E:ITaylow WoodrowlTW ResosITM-2005-0J resJ_.doc Model Resolution Page 3 TM-2005-01 January 24,2006 2. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City, Santa Clara County Fire and San Jose Water Company. 5. TRAFFIC MITIGATIONS Applicant shall: 1) make the street improvements shown on the plan set sheet labeled "Potential McClellan Road Improvements, Figure 1" , which include a dedication of right of way along the north side of McClellan Road west of Bubb Road, and which are estimated to cost $500,000; 2) pay $176,000 to fund a crossing guard at the Bubb & McClellan intersection; and 3) pay $176,000 to fund a drop- off and pick-up coordinator at Lincoln Elementary. Prior to recordation of the final map, the applicant will make a financial contribution to CUSD for $176,000 for the drop-off and pick-up coordinator and a financial contribution to the City of $176,000 for the crossing guard at McClellan and Bubb Roads. Improvements to McClellan Road shall be completed before September 1, 2006, barring delays beyond Applicant's control. 6. TRAFFIC CONTROL SIGNS AND MARKINGS The developer shall submit traffic control signs and markings for approval by the City for items within the City's right of way. 7. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 8. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. E:ITaylow WoodrowlTW ResosITM-2005-01 resCdoc Model Resolution Page 4 TM-2005-01 January 24,2006 The developer must submit retaining wall designs, specifications and calculations for approval by the City. 9. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. Drainage improvements shall be consistent with storm water quality guidelines, as determined by the City Engineer. *Pre and Post Development Calculations are required 10. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City and Santa Clara County Fire. 11. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 12. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. b. c. d. e. f. g. h. ** Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost with a $2,130.00 min. $ 6 % of Site Improvement Cost with a $2,000.00 min. $ 3,000.00 TBD Grading Permit: Development Maintenance Deposit: Storm Drainage Fee: Power Cost: Map Checking Fees: Park Fees: Street Tree ** $ 6,750.00 $ 729,000.00*** By Developer Based on the latest effective PG&E rate schedule approved by the Public E:ITaylow WoodrowlTW ResosITM-2005-0J resJ_,doc Model Resolution Page 5 TM-2005-01 January 24,2006 Utility Commission (p.U.e.) *** Park fees may be subject to partial credit for park improvement and dedication, as determined by the City Engineer. Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the 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 if the Council has adopted fee changes before then, and in the event of said change or changes, the fees charged at that time will reflect the then current fee schedule. 13. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing or landscaping or located underground such that said equipment is not visible from public street areas. 14. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 15. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 16. STORMW A TER QUALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing one (1) acre or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management Plan, BMP operation and maintenance responsibilities and BMP inspection and reporting. 17. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Department in regards to refuse truck access for the proposed development. 18. MAINTENANCE AGREEMENT A maintenance agreement between Applicant, Grosvenor California and the City shall be required for all non-standard items within the City's right of way and E:\Taylow WoodrowlTW ResosITM-2005-01 resl_.doc Model Resolution Page 6 TM-2005-01 January 24,2006 publicly accessible paths and open spaces. Applicant, Grosvenor California or the HOA will be responsible for maintenance of all pathways areas covered by the pedestrian easements that are not included in the parks dedicated to the City, including associated landscaping. 19. PERCOLATION POND IMPROVEMENTS Applicant shall provide to the City $80,000 to pay for landscape and beautification of the percolation pond located at the northwest corner of Bubb and McClellan Roads. Future maintenance of the landscaping shall be the responsibility of the City of Cupertino or the Santa Clara Valley Water District (SCVWD), which owns and controls the percolation pond area. Installation and maintenance of any landscape and beautification improvements in the percolation pond area will be subject to an agreement or agreements between the City and the SCVWD. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.10 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. Ralph Qualls, Director of Public Works PASSED AND ADOPTED this 24th day of January 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Cupertino Planning Commission E:ITaylow WoodrowlTW ResosITM-2005-01 resl_.doc MODEL ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING A 12-ACRE SITE FROM P(ML)(PLANNED LIGHT INDUSTRIAL) ZONING DISTRICT TO P(RES) (PLANNED RESIDENTIAL) FOR A 94-UNIT PLANNED RESIDENTIAL DEVELOPMENT ON RESULTS WAY, WEST OF BUBB ROAD AND EAST OF IMPERIAL AVENUE WHEREAS, an application was received by the City (Application No. Z-2005-01) for the rezoning of a property to Planned Residential, P(RES); and WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended denial of the rezoning, deferring the decision to the City Council; and WHEREAS, a map and legal description of the subject property is attached hereto as Exhibit A and Exhibit B, as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A and B is hereby rezoned to Planned Residential, peRES); and that Exhibit A and B attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 27th day of February, 2006 and ENACTED at a regular meeting of the City Council of the City of Cupertino the _ day of March, 2006, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino G:IPlanningIPDREPOR1ìORDlBackup ofZ-200S-01 Ord.wbk ~ (,0- 3/ !IO~ ORDINANCE NO. 1978 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING A 12-ACRE SITE FROM P(ML)(PLANNED LIGHT INDUSTRIAL) ZONING DISTRICT TO P(RES) (PLANNED RESIDENTIAL) FOR A 94-UNIT PLANNED RESIDENTIAL DEVELOPMENT ON RESULTS WAY, WEST OF BUBB ROAD AND EAST OF IMPERIAL AVENUE (T AYLOR WOODROW) WHEREAS, an application was received by the City (Application No. Z-2005-0l) for the rezoning of a property to Planned Residential, peRES); and WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended denial of the rezoning, deferring the decision to the City Council; and WHEREAS, a map and legal description of the subject property is attached hereto as Exhibit A and Exhibit B, as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A and B is hereby rezoned to Planned Residential, peRES); and that Exhibit A and B attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting ofthe City Council of the City of Cupertino the 27th day of February, 2006 and ENACTED at a regular meeting of the City Council of the City of Cupertino the _ day of March, 2006, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ......~ =- ' BkF March 1, 2006 BKF Job Number 20030166-15 ENGINEERS SURVEYORS PLANNERS LEGAL DESCRIl'TION All that real property situated in the City of Cupertino, County of Santa Clara, State of California, being all of Parcel A and a portion of Imperial Avenue as said parcel and said avenue are shown on that certain Parcel Map filed for record on January 23, 1980 in Book 479 of Maps at page 1, and all of the lands described as Adjusted Parcel 3 as shown in that certain Lot Line Adjus1ment recorded September 11, 2001 as Document No. 15862177, and a portion of Parcel 2, as shown on that certain Parcel Map filed for record on April 12, 1979 in Book 439 of Maps at pages 12 and 13 in the Office of the Recorder for the County of Santa Clara, State of California, and being more particularly described as follows: 255 ShorelIne Drive Suite 20D BEGrnNING at the northeasterly comer of said Adjusted Parcel 3; thence along the northeasterly line of said Adjusted Parcel 3 and Parcel 2, South 19°06' 45" East, a distance of 1386.37 feet to the most easterly comer of said Parcel 2 also being a point on a non-tangent curve to left from which point a radial line bears South 47°30'31" East; thence southwesterly along the southeasterly line of said Parcel 2, along said curve having a radius of387.00 feet, through a central angle of 0°21 '31", an arc length of 2.42 feet to a point of reverse curvature; thence along said curve having a radius of 26.00 feet, through a central angle of 79°08'56", an arc length of35.92 feet; thence North 58°43'07" West, a distance of 200.28 feet to the beginning of a tangent curve to the right; thence northwesterly along said curve with a radius of 61.00 feet, through. a central angle of 79°15'58", an arc length of 84.39 feet to a point of reverse curvature; thence northwesterly along said curve with a radius of 59.00 feet, through a central angle of 110°33'51", an arc length of 113.85 feet; thence South 89°59'00" West, a distance of 64.34 feet; thence North 00°07'51" East, a distance of 22.66 feet; thence South 89°59'00" West, a distance of 377.11 feet to a point on the westerly line of said Parcel 2; thence along the westerly line of said ParcelZ and Adjusted Parcel 3, North 00°00'57" West, a distance of 845.04 feet to the southeasterly comer of said Parcel A; thence along the southerly line of said Parcel A, North 89°57'37" West, a distance of 130.00 feet to the southwesterly comer of said Parcel A; thence leav:ing said southerly line along the prolongation of said southerly line, North 89°57'37" West, a distance of 35.00 feet to a point on the centerline of Imperial Avenue as shown on said map; thence along said centerline North 00°00'37" West, a distance of 96.00 feet; thence leav:ing said centerline, South 89"57'37" East, a distance of 35.00 feet to the northwesterly comer of said Parcel A; thence along the northerly line of said Parcel A, South 89°57'37" East, a distance of 130.00 feet to a point on the westerly line of said Adjusted Parcel 3; thence along said Redwood City CalIfornIa 9406S phone 650.482.6300 fax 650.482.6399 www.bkf.com Exhibit "A" Page 1 of 2 westerly line, North 00°00'37" West, a distance of 95.97 feet to the northwesterly comer of said Adjusted Parcel 3; thence along the northerly line of said Adjusted Parcel 3, South 89°56'46" East, a distance of274.02 feet to thePOOO OF BEGINNING, and containing an area of12.l5 acres, more orless. A plat showing the above described lands is attached hereto and made a part hereof as "Exhibit BOO This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyors Act Billy P.L.S.5797 License Expires: 6/30/06 Dated: ~A~ Z. Zo::>L' , Exhibit "A" Page 2 of 2 BASIS OF BEARINGS THE BEARING SOUTH 89"56'46" EAST OF "THE SOUTHERLY BOUNDARY UNE OF THAT CERTAIN MAP ENl11LED "TRACT NO. 9410-ASTORIA" FILED FOR RECORD ON APRIL 26, 2002 IN BOOK 748 OF MAPS AT PAGES 12 "THROUGH 17 IN THE OFFICE OF THE RECORDER FOR THE COUNlY OF SANTA CLARA, STAlE OF CAUFORNIA, WAS USED ÞS THE BASIS OF BEARINGS FOR THIS PLAT. I I S89'57'37"E 130.00' .35.00' 1-35.00' s+ fi 130.00 ~ & N89"57'37"W g:g I ~ I I ~ ~\ ...JI il ~\ iEl §\ (.)1 I I I " , , , , .s>.. " ~C>...t I ',0" I ,~... I C1 "~~: ,/ I I , .. , .- , .- ......----... 748 M 12-]7 (BASIS OF ~~INGS) S89' 6 E 274.02 ':or o ~ ED SOO"OO'37"E 95.97' -PARcEL A 479 M J ADJUSTED PARCEL .3 DOC NO J5862171 t' \ ~ \ ~ Line Tab e N. rln Lenth L1 S89'59'OO"W 64.34' L2 NOO"07'51"E 22.66' ;= ----- -- . ..... It) o p o o Z REZONE 12.15 ACRES ± FROM: P(ML) TO: P (RES.) Curve Table No. Radlu Delto C1 387.00' 00"21'31" C2 6. 0' 79"08'56" C3 61.00' 7915'58" 4 59.00' 110'33'51" PARCEL 2 439 M 12-]3 S 89'59'00" W 377.11' ~ ~ PARCEL J 439 M 12-]3 !S' Q] è 0) OJ ~I - ... ~ Len th 2.42' 35.92' 84.39' 113.85' iI~t¡'·O'¥.;éj B kf mil!! "~ - ' - r I ......,..- 540 PRICE AVENUE REDWOOD CITY, CA 94063 650-482-6300 650-482-6399 (FAX) Subject Job No. By DCE EXHIBIT "B" ZON ING PLAT MAP 20030161H 5 Date 3/01/06 Chkd.RCS SHEET 1 OF 1 tc. 3/ t/O/p. II :,"'"..'"'",'....''''''.:.¡:;:. Economic & Planning Systems Real &Iale Economics &gjonaJ&onomicB Public FtnWlce Land Use Policy MEMORANDUM To: Alan Loving, Taylor Woodrow Teifion Rice-Evans and Rebecca Freeland From; Subject Date: 1 Results Way Office Development Feasibility Analysis, EPS #15049 January 9, 2006 This memorandum describes the results of Economic & Planning Systems' (EPS's) financial feasibility analysis relating to Taylor Woodrow's "The Parks at Monta Vista" project site, located at 1 Results Way in the City of Cupertino. In broad terms, there are three potential futures for this site, including: (1) site and building remain under existing ind ustrial use; (2) the existing building is redeveloped into an office development; (3) the area is redeveloped with residential uses. This memorandum evaluates the financial viability of the second option. This analysis determines whether it is financially feasible under current market conditions for a developer to redevelop the site with an office building. The feasibility analysis considers two scenarios, including: (1) the rehabilitation and conversion of the existing industrial building to a Class A office building, and (2) the demolition of the existing industrial building and the development of a new Class A office building. To the extent office development is not feasible for a private developer, the analysis considers both the improvement in market conditions that would be required to establish feasibility as well as the public subsidy required to catalyze redevelopment at the current time. The financial feasibility analyses of the two office development scenarios are shown in Tables 1 and 2. The tables present a static development pro forma. Under both scenarios, a two-story, surface-parked, Class A office development of 175,000 gross square feet is evaluated. The sections below describe the key methodology, assumptions, and results. BERKELEY 2501 Ninth SI., Suite 200 Berkeley, CA 94710-2515 www.epsys.com Phone: 510-841-9190 Fax: 510-841-9208 y SACRAMENTO Phone: 916-649-8010 Fax: 916-649-2070 DENVER Phone: 303-623-3557 Fax: 303-623-9049 Alan Loving Taylor Woodrow January 9,2006 Page 2 METHODOLOGY AND ASSUMPTIONS Methodology This analysis compares the current market value of the proposed office development to the development costs and the typical return required by a private developer. Relevant development costs include direct construction costs, soft costs, land costs, and tenant improvements. Project market value is based on the capitalization of estimates of net operating income. If the market value of the project is equal to or greater than the combination of the development cost and the developer return, then a private developer is likely to be interested in the project If the market value is below this level then either there will be minimal developer interest or a public subsidy would be required. Assumptions Revenues The key revenue assumptions, in particular the lease rate and vacancy rate, were based on both real estate brokerage reports on existing market conditions in the Cupertino area as well as interviews with brokers currently active in Cupertino. Based on these sources, Class A office space in Cupertino currently commands full service lease rates of approximately $2.75 per square foot. In addition, the average vacancy rate for all office development is about 11 percent.' Additional assumptions include typical estimates of operating expenses and capital reserves at 30 percent and 3 percent, respectively, of gross potential income. The net annual operating income was then capitalized at 7.1 percent to estimate the total present value of the new office building at about $44.3 million.' These assumptions and estimated market value are applied to both scenarios. Costs Taylor Woodrow provided EPS with the direct construction cost data developed by Johnstone Moyer, Inc. This data indicates that direct construction costs will vary between the two scenarios. Direct constructions costs associated with developing a new building are estimated at $236 per gross square foot, including site improvements, while direct costs associated with building conversion are $166 per gross square foot, including site improvements and interior demolition. No direct parking construction costs are included in this analysis. The resulting total direct construction costs are $29.1 million under Scenario 1 (conversion) and $41.3 million under Scenario 2 (new development). In addition to the direct construction costs, there are a series of additional costs that must also be covered, including soft costs, tenant improvement costs, and land costs. Also, the developer will expect to make a return on their investment in the project 1 Specific vacancy rates measures for Class A and Class B office space are not available in the City of Cupertino. Measures for the Silicon Valley, however, indicate higher average vacancy rates among Class A office buildings. 2 Capitalization rate from Global Real Analytics' Value Monitor, 3rd Quarter, 2005 for the San Jose area. P:\ 150OOs\ 15049tw\ Feasibi/ify\ 15049mf!mol0906.doc Alan Loving Taylor Woodrow January 9, 2006 Page 3 Johnstone Moyer, Inc., estimated that contingency and contractor fees would cost about $31 per gross building square foot. Additional soft costs, including architecture and engineering, entitlement and permit fees, financing and marketing costs, typically add a cost equal to 20 percent or more of direct construction costs. Tenant improvement costs typically vary between $25 and $50 per square foot of gross leaseable area for Class A office development and are assumed to be $30 per square foot for the purposes of this analysis. The developer will also need to acquire the land prior to development and will need to be able to cover the land costs. Actual land costs will vary significantly depending on the specific location, infrastructure availability, expected future use, and buyer and seller preferences. The cost of $20 per square foot applied in this analysis is at the low end of land prices. Developer expectations concerning the return of their investment vary, though most developers will look for a return of 10 percent or more on the value of the project. Adding all these costs and return requirements results in a total cost (including developer return) of $56.4 million under Scenario 1 and $71.1 million under Scenario 2. RESULTS As shown in Tables 1 and 2, the project value in both cases is well below the combined development cost and required return. Under Scenario 1 (conversion), the value gap is about $12.1 million, while under Scenario 2 (new development) the value gap is $26.8 million. As a result, it is not financially viable for a private developer to redevelop the relevant area into Class A office use without a public subsidy equivalent to the financing gap. Alternatively, market conditions would need to increase significantly before private office development could occur at the site. If all else remained equal, lease rates would need to increase by about 30 percent to about $3.60 per square foot of leaseable area or by about 68 percent to about $4.60 per square foot to make new development feasible. If vacancy rates were to decrease at the same time to a stronger 7.5 percent, the lease rate increase required would be 26 and 61 percent respectively for the two scenarios. In reality, the increases in lease rate would need to be greater as construction costs will likely continue to increase through time. P;\ 150005\ 15049fw\ Feasibility\ 15049memol0906.doc Table 1 Scenario 1: Renovated 2-story Office Building with Surface Parking 1 Results Way Office Feasibility Analysis, EPS#15049 Item Current Conditions (1) Threshold (2) DEVELOPMENT PROGRAM ASSUMPTIONS Total Costs CostIGross Sq. Fl 175,000 175,000 90% 90% 157,500 157,500 3,0 30 473 473 $275 $3.58 $5,197,500 $6,774.357 11% 11% 30% 30% 3% 3% $3,147.959 $4,103,011 7.1% 7.1% $44.337,457 $57.788,889 $253 $330 $166 $166 $29,050,000 $29,050,000 $29.050.000 $29,050.000 $31 $31 $5,425,000 $5,425,000 20% 20% $5,810,000 $5,810,000 $30 $30 $4,725,000 $4,725.000 $20 $20 $7,000,000 $7,000,000 10% 10% $4433746 $5 778 889 $56,443.746 $57,788.889 $323 $330 ($12,106.289) $0 Gross Building Area (Sq. Ft) Efficiency Ratio Gross Leasable Area (Sq. Fl) Parking Ratio (Spacesl1 ,000 Sq. Ft GLA) Total Parking Spaces REVENUE ASSUMPTIONS Avg. Lease Rate/Sq. Fti?v'1onlh (Full Service) Gross PotentiallncomelYear Less Vacancy Losses Less Operating Expenses (% of GPI) Less Capital Reserves (% of potential gross income) Net Operating IncomelYear Capitalization Rate (3) Total Building Value ValuelGross Bldg. Sq. Fl COST ASSUMPTIONS Direct Construction CostslGross Sq. Ft Total Direct Construction Costs Total Direct Costs General Conditions and Fee (4) Total General Conditions and Fee Other Soft Costs as % of Direct Costs (5) Total Other Soft Costs Tenant Improvement CostsfGLA Sq. Ft Total Tenant Improvement Costs land Cost per land Sq. Fl Total land Costs Developer's Return (% of Value) Total Developer's Return FINANCING GAP Net Financing Gap (Bldg Value - Costs) (1) Reflects existing market conditions. (2) Conceptual scenario that sets lease rates such that revenues cover estimated development costs. (3) Global Real Þilalytics Value Monitor report, 302005. (4) Includes contingency and fees to contractor. (5) Includes cost for architecture and engineering, entiUement and permit fees, project management and general administration, financing and charges, and marketing and commissions. Source: Taylor VVoodrow; Johnstone Moyer, Inc.; Economic & Planning Systems, Inc. Ewoomic&PlsnningSysft/ms./nc..1NI200Cl P:\15000s\150491w1F88slbmtyIProFormss Table 2 Scenario 2: New 2-Story Class A Office Building with Surface Parking 1 Results Way Office Feasibility Analysis, EPS#15049 Item Current Conditions (1) Threshold (2) DEVELOPMENT PROGRAM ASSUMPTIONS Total Costs Cost/Gross Sq. Ft 175,000 175,000 90% 90% 157.500 157,500 3,0 3,0 473 473 $275 $4.61 $5.197,500 $8,708,573 11% 11% 30% 30% 3% 3% $3,147,959 $5,262,678 7_1% 7.1% $44.337,457 $74,122,222 $253 $424 $236 $236 $41,300,000 $41,300,000 $41,300,000 $41,300,000 $31 $31 $5,425,000 $5.425,000 20% 20% $8.260,000 $8,260,000 $30 $30 $4,725,000 $4,725,000 $20 $20 $7,000,000 $7,000,000 10% 10% $4433746 $7412222 $71,143,746 $74.122,222 $407 $424 ($26.806,289) $0 Gross Building Nea (Sq. Ft) Efficiency Ratio Gross Leasable Area (Sq. Ft) Parking Ratio (Spacesl1 ,000 Sq. Ft GLA) Total Parking Spaces REVENUE ASSUMPTIONS Avg. Lease RatefSq. FliMonth (Full Service) Gross PotentiallncomelYear Less Vacancy Losses Less Operating Expenses (% of GPI) Less Capital Reserves (% of potential gross income) Net Operating IncomelYear Capitalization Rate (3) Total Building Value ValuelGross Bldg. Sq. Ft COST ASSUMPTIONS Direct Construction Costs/Gross Sq. Ft Total Direct Construction Costs Total Direct Costs General Conditions and Fee (4) Total General Conditions and Fee Other Soft Costs as % of Direct Costs (5) Total Other Soft Costs Tenant Improvement Costs/GLA Sq. Ft Total Tenant Improvement Costs land Cost per land Sq. Ft Total land Costs Developer's Return (% of Value) Total Developer's Return FINANCING GAP Net Financing Gap (Bldg Value - Costs) (1) Reflects e>dsting market conditions. (2) Conceptual scenario that sets lease rates such that revenues cover estimated development costs. (3) Global Real Arlalytics Value Monitor report 302005. (4) Indudes contingency and fees to contractor. (5) Includes cost for architecture and engineering, entitlement and permit fees, project management and general administration, financing and charges, and marketing and commissions. Source: Taylor Woodrow; Johnstone Moyer, Ine.: Economic & Planning Systems, Ine. EoonomìG&PlanningSys/ems,lnc.,1/J1l()(J(j P.\15000a\150491W\FeIlsibi/ily'lProFomrllS I êc. 3/ t/O~. II " , '""~, ....,.. :., '1"" ~.;c.""~' ,"w," Economic & Planning Systems Real Estal.e &onomìcs Regúmal Economics Public FInance Land U Be Policy MEMORANDUM To: Alan Loving, Taylor Woodrow From: Teifion Rice-Evans and Rebecca Freeland Subject 1 Results Way Office Development Feasibility Analysis, EPS #15049 Date: January 9, 2006 This memorandum describes the results of Economic & Planning Systems' (EPS's) financial feasibility analysis relating to Taylor Woodrow's "The Parks at Monta Vista" project site, located at 1 Results Way in the City of Cupertino. In broad terms, there are three potential futures for this site, including: (1) site and building remain under existing industrial use; (2) the existing building is redeveloped into an office development; (3) the area is redeveloped with residential uses. This memorandum evaluates the financial viability of the second option. This analysis determines whether it is financially feasible under current market conditions for a developer to redevelop the site with an office building. The feasibility analysis considers two scenarios, including: (1) the rehabilitation and conversion of the existing industrial building to a Class A office building, and (2) the demolition of the existing industrial building and the development of a new Class A office building. To the extent office development is not feasible for a private developer, the analysis considers both the improvement in market conditions that would be required to establish feasibility as well as the public subsidy required to catalyze redevelopment at the current time. The financial feasibility analyses of the two office development scenarios are shown in Tables 1 and 2. The tables present a static development pro forma. Under both scenarios, a two-story, surface-parked, Class A office development of 175,000 gross square feet is evaluated. The sections below describe the key methodology, assumptions, and results. BERKELEY 2501 Ninth St., Suite 200 Berkeley, CA 94710-2515 www.epsys.com Phone: 510-841-9190 Fax: 510-841-9208 y SACRAMENTO Phone: 916-649-8010 Fax: 916-649-2070 DENVER Phone: 303-623-3557 Fax" 303-623-9049 Alan Loving Taylor Woodrow January 9, 2006 Page 2 METHODOLOGY AND ASSUMPTIONS Methodology This analysis compares the current market value of the proposed office development to the development costs and the typical return required by a private developer. Relevant development costs include direct construction costs, soft costs, land costs, and tenant improvements. Project market value is based on the capitalization of estimates of net operating income. If the market value of the project is equal to or greater than the combination of the development cost and the developer return, then a private developer is likely to be interested in the project If the market value is below this level then either there will be minimal developer interest or a public subsidy would be required. Assumptions Revenues The key revenue assumptions, in particular the lease rate and vacancy rate, were based on both real estate brokerage reports on existing market conditions in the Cupertino area as well as interviews with brokers currently active in Cupertino. Based on these sources, Class A office space in Cupertino currently commands full service lease rates of approximately $2.75 per square foot. In addition, the average vacancy rate for all office development is about 11 percent.! Additional assumptions include typical estimates of operating expenses and capital reserves at 30 percent and 3 percent, respectively, of gross potential income. The net annual operating income was then capitalized at 7.1 percent to estimate the total present value of the new office building at about $44.3 million.' These assumptions and estimated market value are applied to both scenarios. Costs Taylor Woodrow provided EPS with the direct construction cost data developed by Johnstone Moyer, Inc. This data indicates that direct construction costs will vary between the two scenarios. Direct constructions costs associated with developing a new building are estimated at $236 per gross square foot, including site improvements, while direct costs associated with building conversion are $166 per gross square foot, including site improvements and interior demolition. No direct parking construction costs are included in this analysis. The resulting total direct construction costs are $29.1 million under Scenario 1 (conversion) and $41.3 million under Scenario 2 (new development). In addition to the direct construction costs, there are a series of additional costs that must also be covered, including soft costs, tenant improvement costs, and land costs. Also, the developer will expect to make a return on their investment in the project 1 Specific vacancy rates measures for Class A and Class B office space are not available in the City of Cupertino. Measures for the Silicon Valley, however, indicate higher average vacancy rates among Class A office buildings. 2 Capitalization rate from Global Real Analytics' Value Monitor, 3rd Quarter, 2005 for the San Jose area. P:\ 150005\ 15049tw\ Feasibility\ 15049memol0906.doc Alan Loving Taylor Woodrow January 9, 2006 Page 3 Johnstone Moyer, Inc., estimated that contingency and contractor fees would cost about $31 per gross building square foot. Additional soft costs, including architecture and engineering, entitlement and permit fees, financing and marketing costs, typically add a cost equal to 20 percent or more of direct construction costs. Tenant improvement costs typically vary between $25 and $50 per square foot of gross leaseable area for Class A office development and are assumed to be $30 per square foot for the purposes of this analysis. The developer will also need to acquire the land prior to development and will need to be able to cover the land costs. Actual land costs will vary significantly depending on the specific location, infrastructure availability, expected future use, and buyer and seller preferences. The cost of $20 per square foot applied in this analysis is at the low end of land prices. Developer expectations concerning the return of their investment vary, though most developers will look for a return of 10 percent or more on the value of the project. Adding all these costs and return requirements results in a total cost (including developer return) of $56.4 million under Scenario 1 and $71.1 million under Scenario 2. RESULTS As shown in Tables 1 and 2, the project value in both cases is well below the combined development cost and required return. Under Scenario 1 (conversion), the value gap is about $12.1 million, while under Scenario 2 (new development) the value gap is $26.8 million. As a result, it is not financially viable for a private developer to redevelop the relevant area into Class A office use without a public subsidy equivalent to the financing gap. Alternatively, market conditions would need to increase significantly before private office development could occur at the site. If all else remained equal, lease rates would need to increase by about 30 percent to about $3.60 per square foot of leaseable area or by about 68 percent to about $4.60 per square foot to make new development feasible. If vacancy rates were to decrease at the same time to a stronger 7.5 percent, the lease rate increase required would be 26 and 61 percent respectively for the two scenarios. In reality, the increases in lease rate would need to be greater as construction costs will likely continue to increase through time. P:\ 150005\ 15049tw\ Feasibility\ lS049memol0906.doc Table 1 Scenario 1: Renovated 2-story Office Building with Surface Parking 1 Results Way Office Feasibility Analysis, EPS#15049 Item Current Conditions (1) Threshold (2) DEVELOPMENT PROGRAM ASSUMPTIONS FINANCING GAP 175,000 175,000 90% 90% 157,500 157,500 30 30 473 473 $2.75 $35a $5.197,500 $6,774.357 11% 11% 30% 30% 3% 3% $3.147.9S9 $4.103,011 7.1'% 7.1% $44,337.457 $57,788.889 $253 $330 $166 $166 $29,050,000 $29,050,000 $29.050,000 $29,050,000 $31 $31 $5,425,000 $5,425,000 20% 20% $5,810,000 $5,810,000 $30 $30 $4,725.000 $4,725,000 $20 $20 $7,000,000 $7,000,000 10% 10'% $4433746 $5778 889 $56.443,746 $57.788,889 $323 $330 ($12.106,289) $0 Gross Building Area (Sq. Ft) Efficiency Ratio Gross Leasable has (Sq. Ft) Parking Ratio (Spacesl1 ,000 Sq. Ft GLA) Total Parking Spaces REVENUE ASSUMPTIONS Avg. Lease Rate/Sq. FtlMonth (Fun Service) Gross PotentiallncomelYear Less Vacancy Losses Less Operating E>cpenses (% of GPI) Less Capital Reserves (% of potential gross income) Net Operating IncomelYear Capitalization Rate (3) Total Building Value ValuelGross Bldg. Sq. Ft COST ASSUMPTIONS Direct Construction Costs/Gross Sq. Ft Total Direct Construction Costs Total Direct Costs General Conditions and Fee (4) Total General Conditions and Fee Other Soft Costs as % of Direct Costs (5) Total Other Soft Costs Tenant Improvement Costs/GLA Sq. Ft Total Tenant Improvement Costs Land Cost per Land Sq. Ft Total Land Costs Developer's Retum (% of Value) Total Developer's Retum Total Costs CostlGross Sq. Fl Net Financing Gap (Bldg Value - Costs) (1) Reflects existing market conditions. (2) Conceptual scenario that sets lease rates such that revenues cover estimated development costs. (3) Global Real Þrlalytics Value Monitor report 3Q2005. (4) Includes contingency and fees to contractor. (5) Includes cost for architecture and engineering, entitlement and permit fees, project management and general administration, financing and d1arges, and marketing and commissions. Source: Taylor Woodrow; Johnstone Moyer, Inc.: Economic & Planning Systems, Inc. Economic & PlartnirrgSyshlms, Inc.,1/¡}12()()(j P,~15000s\15049Iw\FflasibllityV>roFonnas Table 2 Scenario 2: New 2-Story Class A Office Building wl1h Surface Parking 1 Results Way Office Feasibility Analysis, EPS#15049 Item Current Conditions (1) Threshold (2) DEVELOPMENT PROGRAM ASSUMPTIONS Total Direct Costs General Conditions and Fee (4) Total General Conditions and Fee Other Soft Costs as % of Direct Costs (5) Total Other Soft Costs Tenant Improvement Costs/GLA Sq. Ft Total Tenant Improvement Costs Land Cost per Land Sq. Fl Total Land Costs Developer's Retum (% of Value) Total Developer's Retum 175,000 175,000 90% 90% 157,500 157,500 3,0 3,0 473 473 $2.75 $4.61 $5.197,500 $8,708,573 11% 11% 30% 30% 3% 3% $3,147,959 $5,262,678 7.1% 7.1% $44,337.457 $74.122,222 $253 $424 $236 $236 $41,300,000 $41,300,000 $41,300,000 $41.300,000 $31 $31 $5,425,000 $5,425,000 20% 20% $8,260,000 $8.260,000 $30 $30 $4,725,000 $4,725,000 $20 $20 $7,000,000 $7,000,000 10% 10'% $4433746 $7412222 $71,143,746 $74.122,222 $407 $424 ($26,806,289) $0 Gross Building Hea (Sq. Ft) Efficiency Ratio Gross Leasable Nea (Sq. Fl) Parking Ratio (Spaces/1 ,000 Sq. Fl GLA) Total Parking Spaces REVENUE ASSUMPTIONS Avg. Lease RatelSq. FliMonth (Full Service) Gross PotentiallncomelYear Less Vacancy Losses Less Operating E>q)enses (% of GPI) Less Capital Reserves (% of potential gross income) Net Operating IncomelYear Capitalization Rate (3) Total Building Value ValuelGross Bldg. Sq. Fl COST ASSUMPTIONS Direct Construction CostslGross Sq. Fl Total Direct Construction Costs Total Costs CostIGross Sq. Fl FINANCING GAP Net Financing Gap (Bldg Value - Costs) (1) Reflects existing market conditions. (2) Conceptual scenario that sets lease rates such that revenues cover estimated development costs. (3) Global Real Þl1alytics Value Monitor report 3Q2005. (4) Includes contingency and fees to contractor. (5) Includes cost feN' architecture and engineering, entiUement and permit fees, project management and general administration, financing and charges, and marketing and commissions. Source: Taylor WJodrow; Johnstone Moyer, Ino.; Economic & Planning Systems, Ino. Economk: &. P/allllÍng SY3t~ms.lfIÇ.. 1 NÆOOð P,~15000s\15049tw1F68Sibillryv>fDFotmlls Grace Schmidt tt 3lgJo0 :ttl From: Sent: To: Subject: VeraGil Monday. March 06, 2006 9:23 AM City Clerk FW: 94 Homes on Bubb and McClellan Road -----Original Message----- From: Kiersa Witt On Behalf Of City of Cupertino Planning Dept. Sent: Monday, March 06, 2006 8:27 AM To: Vera Gil Subject: FW: 94 Homes on Bubb and McClellan Road -----Original Message----- From: Lori Monahan [mailto:lori.rnonahan®yahoo.comJ Sent: Sunday, March 05, 2006 12:13 PM To: City of Cupertino Planning Dept. Subject: 94 Homes on Bubb and McClellan Road Dear Planning Commissionl I am a resident of Cupertino and I live in the Seven Springs Community. I am opposed to the building of homes in the Bubb/McClellan area for several reasons: 1. The schools in that area, Kennedy Middle School and Manta Vista High School are already over-crowded. My son attended Kennedy Middle School with 1500 middle school students. It was too big for individualized attention. We sent him to a private high school even though Manta Vista was rated 50th in the nation in one popular magazine poll. A high school with 2300 students is too big. 2. Other types of housing are needed in Cupertino. Build something like a Senior housing development which will have walking paths and a medical annex. Something that won't have an impact on the schools and will provide needed housing for the ageing baby-boomers. 3. Traffic in that area is already crowded, especially in the morning when parents and students are going to school. The back-up on Bubb road can last 10 minutes. Sincerely, Lori Monahan Cupertino resident Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 1 ~ C-0- 3/ S/Olo ORDINANCE NO. 1978 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING A 12-ACRE SITE FROM P(ML)(PLANNED LIGHT INDUSTRIAL) ZONING DISTRICT TO P(RES) (PLANNED RESIDENTIAL) FOR A 94-UNIT PLANNED RESIDENTIAL DEVELOPMENT ON RESUL TS WAY, WEST OF BUBB ROAD AND EAST OF IMPERIAL AVENUE (TAYLOR WOODROW) WHEREAS, an application was received by the City (Application No. Z-2005-0l) for the rezoning of a property to Planned Residential, peRES); and WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended denial of the rezoning, deferring the decision to the City Council; and WHEREAS, a map and legal description of the subject property is attached hereto as Exhibit A and Exhibit B, as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A and B is hereby rezoned to Planned Residential, peRES); and that Exhibit A and B attached hereto is made part ofthe Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 27th day of February, 2006 and ENACTED at a regular meeting of the City Council of the City of Cupertino the _ day of March, 2006, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino .~~ ==- ' BkF ENGINEERS SURVEYORS PLANNERS March 1, 2006 BKF Job Number 20030166-15 LEGAL DESCRIl'TION All that real property situated in the City of Cupertino, County of Santa Clara, State of California, being all of Parcel A and a portion of Imperial Avenue as said parcel and said avenue are shown on that certain Parcel Map filed for record on January 23, 1980 in Book 479 of Maps at page 1, and all of the lands described as Adjusted Parcel 3 as shown in that certain Lot Line Adjustment recorded September 11, 2001 as Document No. 15862177, and a portion of Parcel 2, as shown on that certain Parcel Map filed for record on April 12, 1979 in Book 439 of Maps at pages 12 and 13 in the Office of the Recorder fur the County of Santa Clara, State of California, and being more particularly described as follows: 255 Shoreline Drive Suite 2DD BEGINNING at the northeasterly comer of said Adjusted Parcel 3; thence along the northeasterly line of said Adjusted Parcel 3 and Parcel 2, South 19°06'45" East, a distance of 1386.37 feet to the most easterly comer of said Parcel 2 also being a point on a non-tangent curve to left ftom which point a radial line bears South 47°30'31" East; thence southwesterly along the southeasterly line of said Parcel 2, along said curve having a radius of 387.00 feet, through a central angle of 0°21'31", an arc length of 2.42 feet to a point of reverse curvature; thence along said curve having a radius of 26.00 feet, through a central angle of 79°08'56", an arc length of35.92 feet; thence North 58°43'07" West, a distance of 200.28 feet to the begiDning of a tangent curve to the right; thence northwesterly along said curve with a radius of 61.00 feet, through a central angle of 79°15'58", an arc length of 84.39 feet to a point of reverse curvature; thence northwesterly along said curve with a radius of 59.00 feet, through a central angle of 110°33'51", an arc length of 113.85 feet; thence South 89°59'00" West, a distance of 64.34 feet; thence North 00°07'51" East, a distance of 22.66 feet; thence South 89°59'00" West, a distance of 377.11 feet to a point on the westerly line of said Parcel 2; thence' along the westerly line of said Parcel 2 and Adjusted Parcel 3, North 00°00'57" West, a distance of 845.04 feet to the southeasterly comer of said Parcel A; thence along the southerly line of said Parcel A, North 89°57'37" West, a distance of 130.00 feet to the southwesterly comer of said Parcel A; thence leaving said southerly line along the prolongation of said southerly line, North 89°57'37" West, a distance of 35.00 feet to a point on the centerline of Imperial Avenue as shown on said map; thence along said centerline North 00°00'37" West, a distance of 96.00 feet; thence leaving said centerline, South 89°57'37" East, a distance of 35.00 feet to the northwesterly comer of said Parcel A; thence along the northerly line of said Parcel A, South 89°57'37" East, a distance of 130.00 feet to a point on the westerly line of said Adjusted Parcel 3; thence along said Redwood City California 94065 phone 650.482.6300 fax 650.482.6399 www.bkf.com Exhibit "A" Page 1 of 2 westerly line, North 00°00'37" West, a distance of 95.97 feet to the northwesterly comer of said Adjusted Parcel 3; thence along the northerly line of said Adjusted Parcel 3, South 89056'46" East, a distance of 274.02 feet to thePOlNT OF BEGINNJNG, and containing an area of 12.15 acres, more or less. A plat showing the above described lands is attached hereto and made a part hereof as "Exhibit B" This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyors Act. Billy P.L.S.5797 License Expires: 6/30/06 Dated: ~~ 2" ZóoL" , Exhibit "A" Page 2 of 2 BASIS OF BF ARINGS THE BEARING SOUTH B9"56'46" EAST OF THE SOUTHERLY BOUNDARY LINE OF THAT CERTAIN MAP ENll1lED "TRACT NO. 9410-ASTORIA" FILED FOR RECORD ON APRIL 26, 2002 IN BOOK 748 OF MAPS AT PAGES 12 THROUGH 17 IN THE OFFICE OF THE RECORDER FOR THE COUNTY OF SANTA CLARA, STA1E OF CAUFORNIA. WAS USED AS THE BASIS OF BEARINGS FOR THIS PLAT. I I 589'57'37"E 500"OO'37"E 130.00' 95.97' 35.00' j.-35.DO's+---PARCEL A . fi 130.00 479 M J ~ ~ N89"57'37"W 1")<0 'be> I ª I I ~ ~I -II ~I ~\ æl 81 (.)1 I I I - 748 M J2-17 (BASIS OF ~[õN!INGS) S89'56 274.02 ADJUSTED PARCEL .3 DOC NO JS8s2l77 ;¡. o ~ CD 3: ----- --- . in 'b P o o Z REZONE 12.15 ACRES ::I: FROM: P(ML) TO: P (RES.) PARcEL 2 439 M J2-J3 S 89'59'00" W 377.11' PARCEL J 439 M J2-J3 "" '\ ~ tß \ LIne To Ie a. orin Len th L1 S89'59'OO"W 64.34' L2 NOO"07'5'"E 22.66' Curve Table No. Radlue 0 to C1 387.00' 00"2"31" C2 26 00' 79'OB'56" C3 61.00' 79'5'5B" C4 59.00' 110'33'51" è> C> OJ J' ~ ... ~ Len th 2.42' 35.92' 84.39' 113.B5' ,I I , , , , , .......-----...." ~ ~ ~ ~ ~Bkr 540 PRICE AVENUE REDWOOD CITY. CA 94063 650-482-6300 650-482-6399 (FAX) Subject Job No. Sy DCE EXHIBIT "B" ZON ING PLAT MAP 20030166-15 Date 3/01/06 Chkd.RCS SHEET 1 OF 1 .......-...- t~ TM-2005-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 12-ACRE PARCEL INTO 94 LOTS PLUS ONE LOT HELD IN COMMON SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2005-01 Alan Loving (Taylor Woodrow Homes) Results Way, East of Bubb Road and West of Imperial Avenue SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the' Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. £) 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. Model Resolution Page 2 TM-2005-0l January 24,2006 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2005-01 for a Tentative Map is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application TM-2005-0l, as set forth in the Minutes of Planning Commission Meeting of January 24, 2006, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approved is based on the approved plans, entitled "Tentative Map", prepared by Brian Kangas Foulk, dated 6/10/05. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. ROAD MAINTENANCE AGREEMENT: A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. E:ITaylow WoodrowlTW ResosITM-2005-01 resl_.doc Model Resolution Page 3 TM-2005-0l January 24, 2006 2. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City, Santa Clara County Fire and San Jose Water Company. 5. TRAFFIC MITIGATIONS Applicant shall: 1) make the street improvements shown on the plan set sheet labeled "Potential McClellan Road Improvements, Figure 1" , which include a dedication of right of way along the north side of McClellan Road west of Bubb Road, and which are estimated to cost $500,000; 2) pay $176,000 to fund a crossing guard at the Bubb & McClellan intersection; and 3) pay $176,000 to fund a drop- off and pick-up coordinator at Lincoln Elementary. Prior to recordation of the final map, the applicant will make a financial contribution to CUSD for $176,000 for the drop-off and pick-up coordinator and a financial contribution to the City of $176,000 for the crossing guard at McClellan and Bubb Roads. Improvements to McClellan Road shall be completed before September 1, 2006, barring delays beyond Applicant's control. 6. TRAFFIC CONTROL SIGNS AND MARKINGS The developer shall submit traffic control signs and markings for approval by the City for items within the City's right of way. 7. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 8. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. E:ITaylow WoodrowlTW Re.sosITM-2005-01 re.sl_.doc Model Resolution Page 4 TM-2005-0l January 24,2006 The developer must submit retaining wall designs, specifications and calculations for approval by the City. 9. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. Drainage improvements shall be consistent with storm water quality guidelines, as determined by the City Engineer. *Pre and Post Development Calculations are required 10. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City and Santa Clara County Fire. 11. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 12. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. b. c. d. e. f. g. h. ** Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost with a $2,130.00 min. $ 6% of Site Improvement Cost with a $2,000.00 min. $ 3,000.00 TBD Grading Permit: Development Maintenance Deposit: Storm Drainage Fee: Power Cost: Map Checking Fees: Park Fees: Street Tree ** $ 6,750.00 $ 729,000.00*** By Developer Based on the latest effective PG&E rate schedule approved by the Public E:ITaylow WoodrowlTW ResosITM-2005-0J resJ_.doc Model Resolution Page 5 TM-2005-0l January 24,2006 Utility Commission (P.U.C) *** Park fees may be subject to partial credit for park improvement and dedication, as determined by the City Engineer. Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the 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 if the Council has adopted fee changes before then, and in the event of said change or changes, the fees charged at that time will reflect the then current fee schedule. 13. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing or landscaping or located underground such that said equipment is not visible from public street areas. 14. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 15. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 16. STORMW ATER QUALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing one (1) acre or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management Plan, BMP operation and maintenance responsibilities and BMP inspection and reporting. 17. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Department in regards to refuse truck access for the proposed development. 18. MAINTENANCE AGREEMENT A maintenance agreement between Applicant, Grosvenor California and the City shall be required for all non-standard items within the City's right of way and E:ITaylow WoodrowlTW ResosITM-2005-01 resl_,doc MODEL ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING A 12-ACRE SITE FROM P(ML)(PLANNED LIGHT INDUSTRIAL) ZONING DISTRICT TO P(RES) (PLANNED RESIDENTIAL) FOR A 94-UNIT PLANNED RESIDENTIAL DEVELOPMENT ON RESULTS WAY, WEST OF BUBB ROAD AND EAST OF IMPERIAL AVENUE WHEREAS, an application was received by the City (Application No. Z-2005-0l) for the rezoning of a property to Planned Residential, peRES); and WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended denial of the rezoning, deferring the decision to the City Council; and WHEREAS, a map and legal description of the subject property is attached hereto as Exhibit A and Exhibit B, as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A and B is hereby rezoned to Planned Residential, peRES); and that Exhibit A and B attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 27th day of February, 2006 and ENACTED at a regular meeting of the City Council of the City of Cupertino the _ day of March, 2006, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino G:IPlanningIPDREPOR1\ORDlBackup of Z-2005-0 1 Ord.wbk ~u.vJJ tc. 3/ ð ID ~ U-2005-01 (EA-2005-01) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH 175,000 SQUARE FEET OF INDUSTRIAL BUILDINGS AND CONSTRUCT 94 SINGLE F AMIL Y RESIDENTIAL UNITS AND RECREATIONAL SPACE SECTION I: PROTECT DESCRIPTION Application No(s).: U-2005-01 (EA-2005-01) Applicant: Alan Loving (Taylor Woodrow Homes) Location: Results Way, west of Bubb Road and east of Imperial Avenue. SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and Model Resolution Page 2 U-2005-0l (EA-2005-0l) January 24,2006 That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No(s). U-2005-0l (EA-2005-01), as set forth in the Minutes of the Planning Commission Meeting of January 24, 2006, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled The Parks at Manta Vista dated 12-22-05 including the cover sheet, sheets Al -A18, Cl-C9, C3, Ll.1-L4.2, except as may be amended by the Conditions contained in this resolution. Also included in this approval is the revised site plan for the remaining Grosvenor buildings, sheets PL-1 and A-I dated 6-22-05. 2. NOTICE OF FEES, DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by dedicating 15% of the units as affordable units. The applicant shall record a covenant, which shall be subject to review and approval by the City Attorney, to be recorded prior to the issuance of building permits. 4. PUBLIC ART The applicant shall set aside .25% (up to a maximum of $100,000) of the total project budget for on-site art. The plan shall be reviewed and approved by the Fine Arts Commission and installed prior to issuance of final building occupancy permits. 5. PUBLIC OPEN SPACE All parks and pedestrian pathways shall be improved for public use with the park at the corner of Bubb Road and Results Way and its perimeter sidewalk and mowing strip being dedicated to the City of Cupertino after improvement. E:\Taylow Woodrow\TW Resos\U-2005-01 res.doc Model Resolution Page 3 U-2005-0l (EA-2005-0l) January 24,2006 Applicant or the HOA shall cover the City's park maintenance costs at the City's charge for such work, which currently is based on $0.70 per square foot. The base amount paid by the Applicant or HOA to cover the City's Park maintenance costs shall be subject to an annual increase based upon the Consumer Price Index applicable to the San Francisco Bay Area. Applicant, the HOA or Grosvenor California shall maintain all pedestrian pathways that are not included in the park at the corner of Bubb Road and Results Way dedicated to the City. Signage shall be included in the improvements stating that the parks and pathways are available for the public use and identifying the parks as City of Cupertino publicly accessible parks. Said signage shall be located at the trail entrance to the project and in the interior of the project at each park. In return for dedicating the park at Bubb Road to the City for public use, the City shall indemnify Applicant, the HOA and Grosvenor California from any claims arising from public use of said park, except where caused by their sole negligence or willful misconduct. The Applicant, the HOA and Grosvenor California shall indemnify the City from any and all claims arising from use of the pedestrian pathways over which the City is granted easements for public use but over which the Applicant, the HOA or Grosvenor California maintains control, except where such claims are caused by the City's sole negligence or willful misconduct. 6. PUBLIC PEDESTRIAN EASEMENTS Public pedestrian easements over the pedestrian trail areas (portion on private property) and through the interior pedestrian paths shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of final occupancy permits. 7. ARCHITECTURAL DETAILS AND FINISHES Architectural details and finishes shall be reviewed by staff and the City Architectural Consultant, if necessary, to ensure that high quality finishes are used on the homes. Staff shall review and approve all stone and wood trim products, lighting fixtures as well as the individual unit fences to ensure high quality. 8. DEVELOPMENT AGREEMENT Prior to issuance of building permits the applicant shall verify they have satisfied their obligations relating to the development agreement with the Cupertino Union School District and the Fremont Union High School District. 9. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R's): Applicant shall disclose in the development's CC&R's that the open space (parks and pedestrian trails) are available for public use, with the trails maintained by the HOA and the parks maintained by the City, with all costs of maintenance paid for by the HOA. E:\Taylow Woodrow\TW Resos\U-2005-01 res.doc Model Resolution Page 4 U-2005-0l (EA-2005-0l) January 24,2006 10. LANDSCAPE REVIEW The applicant shall submit a comprehensive landscape plan, including water conservation and pesticide reduction certifications, in conformance with Chapter 14.15, Xeriscape Landscaping and the pesticide reduction measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Municipal Code. 11. BUILDING MATERIAL RECYLCLING The existing building and site materials shall be recycled to the maximum extent possible subject to review by the Building Official. Proof of recycling shall be submitted to the City for review prior to final building occupancy. 12. TREE PRESERVATION REQUIREMENTS Trees Nos. 1_9,11_30,32_61,88_90,104,112,113,115,121,130, 131, 146-159, 161, 165, 166, 168, 170 and 171 identified in a tree survey report titled: "Tree Survey" prepared by Me Clenahan Consulting, LLC and dated November 10, 2004 shall be preserved on-site and the arborist recommendations enumerated in that report as they may apply to the above referenced trees shall be adhered to. Those recommendations may be modified by a future supplemental report prepared by said arborist. A contract shall be entered into with the City's Consulting Arborist, Barrie Coate and Associates and a copy submitted to staff. The contract will include an agreement to participate in initial site inspection prior to demolition, grading or construction activity to confirm installation of recommended protection measures, participation in plan development which requires the arborist to be involved prior to demolition, grading and road construction plans to confirm recommended practices are implemented. The contract shall also require the arborist to submit written reports to staff confirming site inspections have been made and recommended protection measures have been implemented. A bond in the amount of $100,000 shall be submitted for the protection of all trees required to be protected during development. The bond may be released following final inspection by the above reference arborist who shall report in writing to the City the status of the trees and their expectancy of survival. Prior to final occupancy, a covenant shall be recorded against the lot(s) containing the specimen size oak trees, notifying future property owners of the protected status of the tree and the requirement oCa City-approved tree removal permit prior to removal or pruning of the canopy in excess of 25%. In addition the covenant shall prohibit the planting of sod lawn and the installation of irrigation under the canopies of the oaks. E:\Taylow WoodrowlTW Resos\U-2005-01 res.doc Model Resolution Page 5 U-2005-0l (EA-2005-0l) January 24,2006 The covenant shall be reviewed and approved by the City Attorney prior to recordation. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City, Santa Clara County Fire and San Jose Water Company. 5. TRAFFIC MITIGATIONS Applicant shall: 1) make the street improvements shown on the plan set sheet labeled "Potential McClellan Road Improvements, Figure 1" , which include a dedication of right of way along the north side of McClellan Road west of Bubb Road, and which are estimated to cost $500,000; 2) pay $176,000 to fund a crossing guard at the Bubb & McClellan intersection; and 3) pay $176,000 to fund a drop- off and pick-up coordinator at Lincoln Elementary. Prior to recordation of the final map, the applicant will make a financial contribution to CUSD for $176,000 for the drop-off and pick-up coordinator and a financial contribution to the City of $176,000 for the crossing guard at McClellan and Bubb Roads. Improvements to McClellan Road shall be completed before September 1, 2006, barring delays beyond Applicant's control. 6. TRAFFIC CONTROL SIGNS AND MARKINGS The developer shall submit traffic control signs and markings for approval by the City for items within the City's right of way. 7. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan E:\Taylow Woodrow\TW Resos\U-2005-01 res.doc Model Resolution Page 6 U-2005-0l (EA-2005-0l) January 24,2006 for work in the right of way as well as a routing plan for all vehicles used during construction. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 8. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. The developer must submit retaining wall designs, specifications and calculations for approval by the City. 9. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Development shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. Drainage improvements shall be consistent with storm water quality guidelines, as determined by the City Engineer. *Pre and Post Development Calculations are required 10. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City and Santa Clara County Fire. 11. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 12. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: E:\Taylow Woodrow\TW Resos\U-2005-01 res.doc Model Resolution Page 7 U-2005-0l (EA-2005-0l) January 24,2006 b. Grading Permit: $ 5% of Off-Site Improvement Cost with a $2,130.00 min. $ 6 % of Site Improvement Cost with a $2,000.00 min. $ 3,000.00 TBD a. Checking & Inspection Fees: c. d. Development Maintenance Deposit: Storm Drainage Fee: Power Cost: Map Checking Fees: Park Fees: Street Tree ** e. f. g. h. $ 6,750.00 $ 729,000.00*** By Developer ** Based on the latest effective PG&E rate schedule approved by the Public Utility Commission (p.u.e.) *** Park fees may be subject to partial credit for park improvement and dedication, as determined by the City Engineer. Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the 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 if the Council has adopted fee changes before then, and in the event of said change or changes, the fees charged at that time will reflect the then current fee schedule. 13. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing or landscaping or located underground such that said equipment is not visible from public street areas. 14. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 15. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. E:\Taylow Woodrow\TW Resos\U-2005-01 res.doc Model Resolution Page 8 U-2005-0l (EA-2005-01) January 24,2006 16. STORMW ATER OUALlTY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing one (1) acre or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management Plan, BMP operation and maintenance responsibilities and BMP inspection and reporting. 17. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Department in regards to refuse truck access for the proposed development. 18. MAINTENANCE AGREEMENT A maintenance agreement between Applicant, Grosvenor California and the City shall be required for all non-standard items within the City's right of way and publicly accessible paths and open spaces. Applicant, Grosvenor California or the HOA will be responsible for maintenance of all pathways covered by the pedestrian easements that are not included in the parks dedicated to the City, including associated landscaping. 13. PERCOLATION POND IMPROVEMENTS Applicant shall provide to the City $80,000 to pay for landscape and beautification of the percolation pond located at the northwest corner of Bubb and McClellan Roads. Future maintenance of the landscaping shall be the responsibility of the City of Cupertino or the Santa Clara Valley Water District (SCVWD), which owns and controls the percolation pond area. Installation and maintenance of any landscape and beautification improvements in the percolation pond area will be subject to an agreement or agreements between the City and the SCVWD. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.10 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. Ralph Qualls, Director of Public Works E:\Taylow Woodrow\TW Resos\U-2005-01 res.doc Model Resolution Page 9 U-2005-0l (EA-2005-0l) January 24,2006 PASSED AND ADOPTED this 24th day of January, 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Cupertino Planning Commission E:\Taylow Woodrow\TW Resos\U-2005-01 res.doc ~~ C'L 3/tlo(, ASA-2005-02 (EA-2005-01) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO DEMOLISH 175,000 SQUARE FEET OF INDUSTRIAL BUILDINGS AND CONSTRUCT 94 SINGLE FAMILY RESIDENTIAL UNITS AND RECREATIONAL SPACE SECTION I: PROTECT DESCRIPTION Application No(s).: ASA-2005-02 (EA-2005-0l) Applicant: Alan Loving (Taylor Woodrow Homes) Location: Results Way, west of Bubb Road and east of Imperial Avenue. SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval Permit, as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Architectural and Site Approval Permit is Model Resolution Page 2 ASA-2005-02 (EA-2005-0l) January 24,2006 hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which th,e findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No(s). ASA-2005-02 (EA-2005-01), as set forth in the Minutes of the Planning Commission Meeting of January 24, 2006, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled The Parks at Manta Vista dated 12-22-05 including the cover sheet, sheets Al -A18, C1-C9, C3, L1.1-L4.2, except as may be amended by the Conditions contained in this resolution. Also included in this approval is the revised site plan for the remaining Grosvenor buildings, sheets PL-1 and A-I dated 6-22-05. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by dedicating 15% of the units. The applicant shall record a covenant, which shall be subject to review and approval by the City Attorney, to be recorded prior to the issuance of building permits. 4. PUBLIC ART The applicant shall set aside .25% (up to a maximum of $100,000) of the total project budget for on-site art. The plan shall be reviewed and approved by the Fine Arts Commission and installed prior to issuance of final building occupancy permits. 5. PUBLIC OPEN SPACE All parks and pedestrian pathways shall be improved for public use with the park E:\Taylow Woodrow\TW ResosIASA-2005-02 res.doc Model Resolution Page 3 ASA-2005-02 (EA-2005-0l) January 24,2006 at the corner of Bubb Road and Results Way and its perimeter sidewalk and mowing strip being dedicated to the City of Cupertino after improvement. Applicant or the HOA shall cover the City's park maintenance costs at the City's charge for such work, which currently is based on $0.70 per square foot. The base amount paid by the Applicant or HOA to cover the City's Park maintenance costs shall be subject to an annual increase based upon the Consumer Price Index applicable to the San Francisco Bay Area. Applicant, the HOA or Grosvenor California shall maintain all pedestrian pathways that are not included in the park at the corner of Bubb Road and Results Way dedicated to the City. Signage shall be included in the improvements stating that the parks and pathways are available for the public use and identifying the parks as City of Cupertino publicly accessible parks. Said signage shall be located at the trail entrance to the project and in the interior of the project at each park. In return for dedicating the park at Bubb Road to the City for public use, the City shall indemnify Applicant, the HOA and Grosvenor California from any claims arising from public use of said park, except where caused by their sole negligence or willful misconduct. The Applicant, the HOA and Grosvenor California shall indemnify the City from any and all claims arising from use of the pedestrian pathways over which the City is granted easements for public use but over which the Applicant, the HOA or Grosvenor California maintains control, except where such claims are caused by the City's sole negligence or willful misconduct. 6. PUBLIC PEDESTRIAN EASEMENTS Public pedestrian easements over the pedestrian trail areas (portion on private property) and through the interior pedestrian paths shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of final occupancy permits. 7. ARCHITECTURAL DETAILS AND FINISHES Architectural details and finishes shall be reviewed by staff and the City Architectural Consultant, if necessary, to ensure that high quality finishes are used on the homes. Staff shall review and approve all stone and wood trim products, lighting fixtures as well as the individual unit fences to ensure high quality. 8. DEVELOPMENT AGREEMENT Prior to issuance of building permits the applicant shall verify they have satisfied their obligations relating to the development agreement with the Cupertino Union School District and the Fremont Union High School District. 9. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R's): Applicant shall disclose in the development's CC&R's that the open space (parks and pedestrian trails) are available for public use, with the trails maintained by the HOA and the parks maintained by the City, with all costs of maintenance paid for E:\Taylow W oodrow\TW ResosIASA-2005-02 res.doc Model Resolution Page 4 ASA-2005-02 (EA-2005-0l) January 24,2006 by the HOA. 10. LANDSCAPE REVIEW The applicant shall submit a comprehensive landscape plan, including water conservation and pesticide reduction certifications, in conformance with Chapter 14.15, Xeriscape Landscaping and the pesticide reduction measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Municipal Code. 11. BUILDING MATERIAL RECYLCLING The existing building and site materials shall be recycled to the maximum extent possible subject to review by the Building Official. Proof of recycling shall be submitted to the City for review prior to final building occupancy. 12. TREE PRESERVATION REQUIREMENTS Trees Nos. 1-9, 11-30, 32-61, 88-90, 104, 112, 113, 115, 121, 130, 131, 146-159, 161, 165, 166, 168, 170 and 171 identified in a tree survey report titled: "Tree Survey" prepared by Me Clenahan Consulting, LLC and dated November 10, 2004 shall be preserved on-site and the arborist recommendations enumerated in that report as they may apply to the above referenced trees shall be adhered to. Those recommendations may be modified by a future supplemental report prepared by said arborist. A contract shall be entered into with the City's Consulting Arborist, Barrie Coate and Associates and a copy submitted to staff. The contract will include an agreement to participate in initial site inspection prior to demolition, grading or construction activity to confirm installation of recommended protection measures, participation in plan development which requires the arborist to be involved prior to demolition, grading and road construction plans to confirm recommended practices are implemented. The contract shall also require the arborist to submit written reports to staff confirming site inspections have been made and recommended protection measures have been implemented. A bond in the amount of $100,000 shall be submitted for the protection of all trees required to be protected during development. The bond may be released following final inspection by the above reference arborist'who shall report in writing to the City the status of the trees and their expectancy of survival. Prior to final occupancy, a covenant shall be recorded against the lot(s) containing the specimen size oak trees, notifying future property owners of the protected status of the tree and the requirement of a City-approved tree removal permit prior to removal or pruning of the canopy in excess of 25%. In addition the covenant shall prohibit the planting of sod lawn and the installation of irrigation under the canopies of the oaks. E:\Taylow W oodrow\TW ResosIASA-2005-02 res.doc Model Resolution Page 5 ASA-2005-02 (EA-2005-0l) January 24,2006 The covenant shall be reviewed and approved by the City Attorney prior to recordation. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City, Santa Clara County Fire and San Jose Water Company. 5. TRAFFIC MITIGATIONS Applicant shall: 1) make the street improvements shown on the plan set sheet labeled "Potential McClellan Road Improvements, Figure 1" , which include a dedication of right of way along the north side of McClellan Road west of Bubb Road, and which are estimated to cost $500,000; 2) pay $176,000 to fund a crossing guard at the Bubb & McClellan intersection; and 3) pay $176,000 to fund a drop- off and pick-up coordinator at Lincoln Elementary. Prior to recordation of the final map, the applicant will make a financial contribution to CUSD for $176,000 for the drop-off and pick-up coordinator and a financial contribution to the City of $176,000 for the crossing guard at McClellan and Bubb Roads. Improvements to McClellan Road shall be completed before September 1, 2006, barring delays beyond Applicant's control. 6. TRAFFIC CONTROL SIGNS AND MARKINGS The developer shall submit traffic control signs and markings for approval by the City for items within the City's right of way. 7. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer E:\Taylow Woodrow\TW ResosIASA-2005-02 res.doc Model Resolution Page 6 ASA-2005-02 (EA-2005-Ol) January 24,2006 to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 8. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. The developer must submit retaining wall designs, specifications and calculations for approval by the City. 9. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Development shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. Drainage improvements shall be consistent with storm water quality guidelines, as determined by the City Engineer. *Pre and Post Development Calculations are required 10. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City and Santa Clara County Fire. 11. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 12. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. E:\Taylow W oodrow\TW ResosIASA-2005-02 res.doc Model Resolution Page 7 ASA-2005-02 (EA-2005-0l) January 24,2006 Fees: a. b. c. d. e. f. g. h. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost with a $2,130.00 min. $ 6% of Site Improvement Cost with a $2,000.00 min. $ 3,000.00 TBD Grading Permit: Development Maintenance Deposit: Storm Drainage Fee: Power Cost: Map Checking Fees: Park Fees: Street Tree ** $ 6,750.00 $ 729,000.00*** By Developer ** Based on the latest effective PG&E rate schedule approved by the Public Utility Commission (P.U.e.) *** Park fees may be subject to partial credit for park improvement and dedication, as determined by the City Engineer. Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the 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 if the Council has adopted fee changes before then, and in the event of said change or changes, the fees charged at that time will reflect the then current fee schedule. 13. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing or landscaping or located underground such that said equipment is not visible from public street areas. 14. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 15. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or E:\Taylow W oodrow\TW ResosIASA-2005-02 res.doc Model Resolution Page 8 ASA-2005-02 (EA-2005-01) January 24,2006 sediment control plan shall be provided. 16. STORMWATER QUALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing one (1) acre or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storm Water Management Plan, BMP operation and maintenance responsibilities and BMP inspection and reporting. 17. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Department in regards to refuse truck access for the proposed development. 18. MAINTENANCE AGREEMENT A maintenance agreement between Applicant, Grosvenor California and the City shall be required for all non-standard items within the City's right of way and , publicly accessible paths and open spaces. Applicant, Grosvenor California or the HOA will be responsible for maintenance of all pathways covered by the pedestrian easements that are not included in the parks dedicated to the City, including associated landscaping. 13. PERCOLATION POND IMPROVEMENTS Applicant shall provide to the City $80,000 to pay for landscape and beautification of the percolation pond located at the northwest corner of Bubb and McClellan Roads. Future maintenance of the landscaping shall be the responsibility of the City of Cupertino or the Santa Clara Valley Water District (SCVWD), which owns and controls the percolation pond area. Installation and maintenance of any landscape and beautification improvements in the percolation pond area will be subject to an agreement or agreements between the City and the SCVWD. ClTY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.10 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. Ralph Qualls, Director of Public Works E:\Taylow Woodrow\TW ResosIASA-2005-02 res.doc Model Resolution Page 9 ASA-2005-02 (EA-2005-0l) January 24,2006 PASSED AND ADOPTED this 24th day of January, 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Cupertino Planning Commission E:\Taylow W oodrow\TW ResosIASA-2005-02 res.doc LC- 3 -#: S/lJb I n ~ ¡~ <'). """ftttIJI'" .' '\,2".::":· ~J'<,... _. .' ",."--'"',.----~ ¡ , ~c- "/,'\,,,,": .1\" .. . " ~ dfC""'''(:'''' r ,.... ~,~ ~ .. ".'~- --' ,."..q""..,:..~.,\ !"?1 ,-w",__""" :..01··,.... ". i:¡ J r.. , :>~ ; ~ / J ;"",,1 ~\' ~ J !:f...¡,ì> " ,I,' ¡: I' ' ~h- :, fj h'_< '~,~~~:",;:~"",k.".'''.'''. .~, :'It Ii .. 'Z';k".¥-"'--'''''·~''~)·yi , :,.,.. ,; f .':i$" I" ~ ';~ .::': f r- .... 'q Q" ,,' , ..' " )\Çv _ "'...__ c,",," --- ::-::.." ~ J....:.j;Jt1 ,,=~ ..fL,:, ._. ,.h.. --,,.,,,l, "., d \.. "'.'. "'_'''''~.'_.''''l' 'W.·....L..,.,.."..~"t,,·'.'" tct- - .~~".", t...-- -,' t+: :?"",ir " _-.li._ \," ...., ,.....,' " \. -T~ 1..' '; j II':;' !~ ~ ".. '" "i, , Ii ' t"'-~ ....... +,."'o""""t.. ", \.. ¡ 'J' · "'~~'dt"':"Ý"J.,,,...-:.....:t!:,,'.",',-, . [..., !t,-...... :¡~i, ~\'i,\(i ...."."". ,....,..""",.,Cc'. 1'''~11: pi __~{:"',~...,."..__ ,; ¡i'll' r. 't» ' ~. 1¡!~ "~'~ , \,is l'lfl' .. r' ..d.".:: rJ'T I' 'R , \ PIA"" ?A IPORc;H WRAP! {PORÇH WRAP! 1C PlAN PlAN 2A PlAN!C I'I.AN 38 - jl l' ~ !! L I~, f,,, - ~ r.::¡-- , ,,'