CC Resolution No. 21-081 Approving Vesting Tentative Map (TM-2018-03) for Westport Cupertino 21267 Stevens Creek BoulevardRESOLUTION NO. 21-081
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING OF A VESTING TENTATIVE MAP TO REPLACE A
PREVIOUSLY APPROVED VESTING TENTATIVE MAP (TM-2018-03)
FOR THE WESTPORT CUPERTINO DEVELOPMENT PROJECT TO
CREATE A SEPARATE PARCEL FOR THE AGE RESTRICTED
SENIOR BELOW MARKET RATE BUILDING LOCATED AT 21267
STEVENS CREEK BOULEVARD (APN: 326-27-042, -043)
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2021-002
Applicant: KT Urban (Mark Tersini)
Property Owner: 190 West St. James, LLC
Location: 21267 Stevens Creek Blvd. (APN #326-27-042, -043)
SECTION II: FINDINGS FOR A TENTATIVE MAP:
WHEREAS, the City of Cupertino received an application for a Vesting Tentative Map as
described in Section I of this resolution; and
WHEREAS, The Westport Cupertino Mixed -Use Project ("Project"), including the
Vesting Tentative Map, is fully described and analyzed in the Initial Study and Final
Environmental Impact Report (State Clearinghouse No. 2019070377) ("EIR" or "Final
EIR") for the Project; and
WHEREAS, on August 18, 2020, after consideration of substantial evidence contained in
the entire administrative record, the City Council approved the Westport Cupertino
project, by adopting resolutions including the Development Permit Resolution No 20-
106, the Vesting Tentative Map Resolution No. 20-109, and Resolution No. 20-105
certifying the EIR, adopting and requiring as conditions of approval all of the mitigation
measures for the Project that are identified in the EIR and are within the responsibility
and jurisdiction of the City , and adopting the Mitigation Monitoring and Reporting
Program for the Project; and
WHEREAS, on April 21, 2021, the applicant submitted and requested the City to consider
a revised Vesting Tentative Map to decouple the senior below market rate building
(Building 2) from the market rate senior housing development (Building 1) by creating a
third parcel to be occupied by Building 2, and to remove certain bicycle improvements
not required by the August 2020 approval; and
Resolution No. 21-081
Page 2
WHEREAS, other than the changes described above, the Vesting Tentative Map proposes
the same development and public improvements approved in August 2020, covering 8.1
gross acres and providing for 88 single-family units and 179 senior units, 48 of which will
be limited to below -market -rate rents; and
WHEREAS, the proposed changes to the project would not have any new or
substantially more severe significant environmental impacts; and
WHEREAS, on July 27, 2021 the Planning Commission recommended on a 4-0-1 (Chair
Wang absent) vote that the City Council approve the Vesting Tentative Map (TM-2021-
002), in substantially similar form to the Resolution presented (Resolution No. 6927)and
WHEREAS, all necessary public notices having been given as required by the Procedural
Ordinance of the City of Cupertino and the Government Code, and the Planning
Commission held at least one public hearing in regard to this application, and on August
18, 2020, the City Council held a public hearing to consider the Vesting Tentative Map;
and
WHEREAS, the City Council of the City of Cupertino is the decision -making body for
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application
for a Tentative Map; and
WHEREAS, the City Council finds as follows with regard to this application:
a. That the proposed subdivision map is consistent with the City of Cupertino General
Plan.
The subject property is consistent with the General Plan because the property is permitted to
have up to 30 dwelling units an acre and qualifies for a density bonus. The proposed
development is consistent with the intent of the policies of the General Plan for a high density
mixed -use development on this site.
b. That the design and improvements of the proposed subdivision are consistent with
the General Plan.
The off -site improvements are consistent with the City's General Plan policies related to
pedestrian and bicycle safety etc. by improving Stevens Creek Boulevard, minimizing curb -
cuts, and requiring an urban canopy within the public right-of-way. The project is also
consistent with the General Plan's design requirements, since the project qualifies for waivers
for height and slope setback.
c. That the site is physically suitable for the type of development contemplated under
the approved subdivision.
Resolution No. 21-081
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The proposed subdivision is compatible with the adjoining land uses and no physical
constraints are present that would conflict with anticipated land use development. There are
no topographical anomalies that differentiate this property from adjacent properties. The site
is located on the valley floor, and is not listed within any environmentally sensitive zone.
d. ' That the site is physically suitable for the intensity of development contemplated
under the approved subdivision.
The subject property is physically suitable in size and shape in conformance to development
standards and is appropriately configured to accommodate a multi -unit mixed -used
development.
e. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure fish
and wildlife or their habitat.
The design of the subdivision and proposed improvements are not likely to substantially injure
fish and wildlife or their habitat because the property is already a developed site and located in
an urbanized area where residential land use is allowed. The EIR concluded that all potential
environmental impacts will be mitigated to a less than significant level.
f. That the design of the subdivision or the type of improvements associated therewith
are not likely to cause serious public health problems.
The proposed subdivision design and improvements are not likely to cause serious public health
problems. The proposed development is consistent with the intent of the policies of the General
Plan for a high density mixed -use development on this site, and the on -site and off -site
improvements improve neighborhood walkability through improved sidewalk construction
with size -appropriate driveway cuts and both street and private -land tree planting.
g. That the design of the subdivision and its associated improvements will not conflict
with easements acquired by the public at large for access through or use of property
within the proposed subdivision.
No easement or right-of-way exists currently that would be impeded or conflict with the
proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the EIR and the Mitigation Monitoring and Reporting
Program for the Project (EA-2018-04), subject to the conditions which are enumerated in
this Resolution beginning on PAGE 2 thereof, and those contained in all other Resolutions
approved for this Project,
Resolution No. 21-081
Page 4
1. The City Council hereby exercises its independent judgment and determines that
approval of the Vesting Tentative Map, which creates a new lot on the project site
and does not include certain previously -proposed improvements would not have
any new or substantially more severe significant environmental impacts beyond
those identified in the Final EIR (State Clearinghouse 2019070377) previously
certified for the Westport Cupertino development project. The Final EIR identifies
mitigation measures to reduce the potentially significant environmental impacts of
the project to less than significant levels. These mitigation measures were adopted
and made conditions of project approval.
2. The application for a Vesting Tentative Map, Application No. TM-2021-002, is
hereby approved, subject to the conditions which are enumerated in this Resolution
beginning on PAGE 4 thereof, and those contained in all other Resolutions
approved for this Project in August 2020 other than Resolution No. 20-106 which is
superseded by this resolution, and the subconclusions upon which the findings and
conditions specified in this Resolution are based are contained in the Public Hearing
record concerning Application No. TM-2021-002 as set forth in the Minutes of the
City Council Meeting of September 7, 2021 Meeting, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated December 09, 2020, consisting of 6 sheets
labeled as Westport, VTM-I-VTM-6, and Kimley Horn except as may be amended by
conditions in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
3. PRIOR APPROVAL CONDITIONS
The conditions of approval contained in file nos. TR-2018-22, EXC-2019-03, U-2019-
03, ASA-2018-05, DP-2018-05 and EA-2018-04 shall be applicable to this approval
unless in conflict with the conditions of approval of this resolution.
Resolution No. 21-081
Page 5
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
5. RESIDENTIAL CONDOMINIUM MAP REQUIRED
Prior to issuance of a Temporary Certificate of Occupancy for of any units proposed
for condominium purposes, the applicant must file and receive approval of a
Condominium Map with the Department of Real Estate.
6. BUS STOP DUCKOUT
The applicant will work with the Public Works staff to relocate the bus stop to a
location along Stevens Creek Boulevard that will not conflict with the intersection of
Mary Avenue and Stevens Creek Boulevard.
7. RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a private reciprocal ingress and egress easement for
vehicular and pedestrian access over the drive aisles and sidewalks onsite to facilitate
movement between the parcels. Easements shall be reserved on the Final Map or
created by separate instrument recorded at the time of Final Map recordation.
8. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
9. INDEMNIFICATION
To the fullest extent permitted by law, the applicant shall agree to indemnify, defend
with the attorneys of the City's choice, and hold harmless the City, its City Council,
and its officers, employees, and agents (collectively, the "indemnified parties") from
and against any liability, claim, action, cause of action, suit, damages, judgment, lien,
levy, or proceeding (collectively referred to as "proceeding") brought by a third party
against one or more of the indemnified parties or one or more of the indemnified
parties and the applicant related to any Ordinance, Resolution, or action approving
the project, the related entitlements, environmental review documents, finding or
determinations, or any other permit or approval authorized for the project. The
indemnification shall include but not be limited to damages, fees, and costs awarded
against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities, and
expenses incurred in connection with such proceeding whether incurred by the
Applicant, the City, or the parties initiating or bringing such proceeding.
Resolution No. 21-081
Page 6
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and
costs shall include amounts paid to the City's outside counsel and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City. The applicant shall
likewise agree to indemnify, defend, and hold harmless the indemnified parties from
and against any damages, attorneys' fees, or costs awards, including attorneys' fees
awarded under Code of Civil Procedure section 1021.5, assessed or awarded against
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
10. NOTICE OF FEES, DEDICATIONS RESERVATIONS, OR OTHER_ EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
11. STREET IMPROVEMENTS & DEDICATION
Provide street dedication in fee title and frontage improvements along the project
frontage to the satisfaction of the Director of Public Works. The street improvement
plans must be submitted and approved by the City prior to the Final Map recordation.
Final Map recordation will not be contingent upon Caltrans approval for the proposed
improvements within Caltrans right of way, however the developer shall provide
adequate sureties (equivalent to 200% of the value of the improvements) for frontage
improvements prior to Final Map recordation. The Applicant will be required to
coordinate with Caltrans, in cooperation with the City, for approval of work located
within Caltrans' jurisdiction. If, at the time of project completion, the Applicant is
unable to obtain approval from Caltrans for improvements within their jurisdiction,
the Director of Public Works, at his/her sole discretion, may require the Applicant to
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Page 7
deposit fees to the City that are equivalent to the value of the work, as determined by
the City, as an option to fulfilling street improvement completion requirements.
Street improvements may include, but are not limited to, sidewalk, curb & gutter,
ADA ramps, city standard driveways, storm drain and sanitary sewer system, street
tree installations, street lights (new and/or relocate), bus stop, concrete bus pad, bus
shelter and other related bus improvements, upgrade the existing pedestrian warning
device at the mid -block crossing on Mary Avenue to rectangular rapid flashing
beacons (RRFB), pavement, signs and pavement markings, installation of a Class IV
Separated Bikeway between Mary Ave and Hwy 85 NB on -ramp per the approved
Cupertino Bicycle Transportation Plan Implementation along project frontage on
Stevens Creek Blvd. The installation will require traffic signal modifications at the
intersection of Stevens Creek Blvd & Hwy 85. The Applicant will be required to
coordinate with Caltrans, in cooperation with the City, for work located within
Caltrans' jurisdiction.
At the street improvement plan stage, the proposed bus stop design (shown on VTM-
6) on Stevens Creek Blvd., west of Mary Ave. shall be further reviewed and the final
design must be approved by the City of Cupertino prior to issuance of Final Map. The
City may require a bus duck out. As a result, additional easement area may be
required for the proposed bus shelter.
Project shall adhere to the Heart of the City Specific Plan for streetscape design
guidelines.
12. TRANSPORTATION
Prior to the Final Map recordation, the Applicant shall provide plans for
improvements along the project frontage and shall construct the proposed
improvements or provide security bonds to the satisfaction of the City Engineer. The
project shall construct Bicycle Transportation Plan improvements in the vicinity of the
property, including construction of a portion of the separated bicycle lanes along the
north side of Stevens Creek Blvd. between Hwy 85 & Mary Ave, or other related work
as determined by the Director of Public Works. The value of the improvements shall
be credited toward the Transportation Impact Fee required for the project. The
Applicant will be responsible for paying any Transportation Impact Fees in excess of
fee credits for improvements constructed.
13. PEDESTRIAN AND BICYCLE IMPROVEMENTS
The Applicant shall provide pedestrian and bicycle related improvements, including
but not limited to, pedestrian and Class III bike paths and bicycle racks throughout
the project site, and RRFB on Mary Ave consistent with the Cupertino Bicycle
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Transportation Plan and the Pedestrian Transportation Guidelines, and as approved
by the Director of Public Works.
14. FINAL MAP
Prior to recordation of final map, all building(s) that straddle new property lines must
be removed. No structures are permitted to cross property lines.
Project is required to dedicate at the time of Final Map approval Public Access
Easements to facilitate on -site Class III bike and pedestrian paths as identified in the
Cupertino Bicycle Transportation Plan and Pedestrian Transportation Plan. Public
Access Easements will be required at the northwestern and southwestern property
corners, along the west side of the project site connecting north to south between
Stevens Creek Boulevard and Mary Avenue, and throughout the project site
connecting east to west.
15. GATEWAY MONUMENT SIGN
As part of the street improvement plans, the Applicant shall design and show
placement of a gateway monument sign in the median of Stevens Creek Boulevard,
east of Hwy 85. Prior to project completion, the Applicant shall fabricate and install
a gateway monument sign. The precise location, design and size of the gateway
monument sign shall be to the satisfaction of the Director of Public Works.
16. STREET LIGHTING INSTALLATION
As part of the street improvement plans, street lighting shall be designed to the
satisfaction of the Director of Public Works. Street lights shall be installed as designed
prior to project completion. Lighting fixtures shall be positioned so as to preclude
glare and other forms of visual interference to adjoining properties, and shall be no
higher than the maximum height permitted by the zone in which the site is located.
17. GRADING
Grading shall be performed to the satisfaction of the Director of Public Works in
accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications
and 404 permits maybe required. Please contact Army Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
18. STORM DRAINAGE
Prior to the Final Map approval, the Applicant shall address and mitigate the storm
drainage impact as the result of the environmental impact study.
Drainage shall be provided to the satisfaction of the Director of Public Works.
Hydrology and pre- and post -development hydraulic calculations must be provided
to indicate whether additional storm water control measures are to be constructed or
Resolution No. 21-081
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renovated. The storm drain system may include, but is not limited to, subsurface
storage of peak stormwater flows (as needed and identified in the environmental
study), bioretention basins, and Low Impact Development measures to reduce the
amount of runoff from the site and improve water quality.
All storm drain inlets shall be clearly marked with the words "No Dumping — Flows
to Creek" using permanently affixed metal medallions or equivalent, as approved by
the Environmental Programs Division.
Project will be required to install stormwater trash capture facilities that meet the
requirements established by Municipal Regional Permit. Trash capture devices shall
be located onsite and shall be situated so as to ensure trash carried by storm water is
collected onsite and does not flow directly to the City storm drain system. Applicant's
engineer shall design and size the trash capture devices to ensure that in the event the
devices cause an obstruction to onsite stormwater flow, onsite flooding does not
occur.
19. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
10,000 S.F. or more of impervious surface (collectively over the entire project site). The
developer shall reserve a minimum of 4% of developable surface area for the
placement of low impact development measures, for storm water treatment, unless
an alternative storm water treatment plan, that satisfies C.3 requirements, is approved
by the Director of Public Works.
The Applicant must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan and
Stormwater Management Facilities Operation, Maintenance. and Easement
Agreement are each required prior to issuance of building permits for site
improvements or as otherwise required at the City's sole discretion.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
20. SUBDIVISION AGREEMENT
The project developer shall enter into a subdivision agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking and
inspection fees, storm drain fees, park dedication fees and fees for under grounding
of utilities. Said agreement shall be executed prior to recordation of Final Map.
Fees:
Resolution No. 21-081
Page 10
a. Checking & Inspection Fees:
b. Grading Permit:
c. Transportation Impact Fee
(As applicable):
d. Storm Drainage Fee:
e. Park Fee:
f. Map Review Fee:
g. Storm Management Plan Fee:
h. Street Tree
j. Power Cost:
Per current fee schedule ($4,898.00 or 5% of
improvement costs)
Per current fee schedule ($3,647.00 or 6% of
improvement costs)
Per current fee schedule
($6,862/PM peak -hour trip;
Multi -Family - $4,215/unit;
and Commercial-$10.94/sf)
Per current fee schedule
(multi-family-$3,871 per AC+$293/unit;
Commercial-10,423/AC)
Per current fee schedule
Senior - $30,000/DU
Other Residential - $105,000, $60,000 and/or
$54,000/DU depending on density
Per current fee schedule
($12,184 -Tract Map)
Per current fee schedule ($1,521)
By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond:100% of Off -site and On -site Improvements
Labor & Material Bond:100% of Off -site and On -site Improvement
On -site Grading Bond: 100% of site improvements.
-The fees described.above are imposed based upon the current fee schedule adopted
by the City Council. However, the fees imposed herein may be modified at the time
of recordation of a final map or issuance of a building permit. In the event of said
change or changes, the fees charged at that time will reflect the then current fee
schedule.
21. TRASH RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City's "Public Works
Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the
Environmental Programs Manager. Clearance by the Public Works Department is
required prior to obtaining a building permit. (CMC 9.18.210 H & K)
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Page 11
Applicant shall enter into an agreement with the City that indemnifies and holds
harmless both the City and the refuse and recycling collection company (Recology)
from and against any harm, damage or maintenance that may occur or become
necessary to onsite paving stone driveway surfaces.
22.OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
prior to acceptance of street improvements, or as otherwise required at sole discretion
of the City. The Agreement shall include the operation and maintenance for
appurtenances in the public right-of-way, including non-standard facilities that may
include, but is not limited to, street trees, landscaping, sidewalk, and pavers.
23. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Developer shall submit detailed plans showing utility
underground provisions. Said plans shall be subject to prior approval of the affected
Utility provider and the Director of Public Works.
24. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipment. Should above ground equipment be
permitted by the City, equipment and enclosures shall be screened with fencing and
landscaping such that said equipment is not visible from public street areas, as
determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area.
25. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment
shall be placed away from the public right of way and site driveways to a location
approved by the Cupertino Planning Department, Santa Clara County Fire
Department and the water company.
26. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be
included in grading and street improvement plans.
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Page 12
27. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB),
the developer must obtain a Notice of Intent (NOI) from the SWRCB, which
encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use
of construction Best Management Practices (BMPs) to control storm water runoff
quality, and BMP inspection and maintenance.
28. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer prior to issuance of permits for construction operations for the project. This
plan should include all erosion control measures used to retain materials on site.
Erosion control notes shall be stated on the plans.
29. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
30. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to
be approved by the City prior to issuance of permits for any work within the public
right of way. The plan shall include a temporary traffic control plan for work in the
right of way as well as a routing plan for all vehicles used during construction. All
traffic control signs must be reviewed and approved by the City prior to
commencement of work. The City has adopted Manual on Uniform Traffic Control
Devices (MUTCD) standards for all signage and striping work throughout the City.
31. STREET TREES
Prior to completion of the project, street trees shall be planted within the Public Right
of Way to the satisfaction of the Director of Public Works and shall be of a type
approved by the City in accordance with Ordinance No. 125.
32. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
33. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits. Clearance should include written
approval of the location of any proposed Fire Backflow Preventers, Fire Department
Connections and Fire Hydrants (typically Backflow Preventers should be located on
private property adjacent to the public right of way, and fire department connections
must be located within 100' of a Fire Hydrant).
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34. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
35. SAN TOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval for water connection, service capability
and location and layout of water lines and backflow preventers prior to recordation
of Final Map or issuance of building permits, whichever comes first.
36. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract
water from the underground basin or any underground strata in the Santa Clara
Valley.
37. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to recordation of Final Map or issuance of building permits, whichever
comes first.
38. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be
required prior to recordation of Final Map or issuance of building permits, whichever
comes first. Provide letters from PG&E and AT&T to state their concurrence with the
proposed easement relocation.
39. PARKLAND DEDICATION
The residential units within the project are subject to the payment of parkland fees in -
lieu of parkland dedication per CMC Chapter 13.08 and Chapter 18.24.
The Below Market Rate (BMR) program manual, which was last amended by City
Council on May 19, 2020 per Resolution 20-055, authorizes the waiver of park fees for
BMR units. Pursuant to Resolution 20-055, Parkland Dedication in -lieu fees for the 48
BMR units proposed for this project are hereby waived.
40. REVISION TO TENTATIVE MAP
Note on Sheet VTM-3, authorizing the City Manager with the discretion to terminate
the Public Pedestrian Access and Public Bicycle easements, shall be removed from the
map.
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Page 14
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Se tion IV. of
this Resolution conform to generally accepted engineering practices.
oz _..__
Chad Mosley, Assistant Director of Publi Works
City Engineer CA License 66077
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this Th day of September, 2021, by the following vote:
Vote Members of the City Council
AYES:
Paul, Chao, Moore, Wei, Willey
NOES:
None
ABSENT:
None
ABSTAIN:
None
SIGNED:
Darcy Paul, Ma �D
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk
Date
9 z
Date