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103-B. Aug. 23, 2007 Council Action Letter.pdfATTACHMENT B OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE; (408) 777-3223 . FAX, (408) 777-3366 August 23, 2007 Clifford Chang 156 Chapin Lane Burlingame, CA 94010 Re; Consider Application Nos, U-2007-03, ASA-2007-05, TM-2008-07, TR-2007-03, EXC- 2007-08, Clifford Chang. 10100 N. Tantau, APN 316-19-061. (Continued from July 3): a) Use Permit and Architectural Site Review to construct a 10,650 square foot retail building and one level parking garage on an existing office site b) Tentative Mats to subdivide an existing 9.4-acre site into two parcels, approximately .9 and 8.4 acres respectively c) Tree Removal and replanting in conjunction with a proposed 10,650 square foot retail building and a one -level parking garage at an existing office site d) Exception to the Heart of the City Specific Plan for a front setback Dear Mr. Chang: At its August 21, 2007 meeting, the Cupertuzo City Council approved the project with the following additional conditions: Require a retail parking management plan, which shall provide for retail employees to park in the garage, and provide highly -visible signage which says that retail customers can park anywhere; and provide bicycle parking in or around retail Erdiance pedestrian walkways —typically this is $25,000 per leg of crossing, and this developer would need to address two legs, so the amount would not exceed $50,000, which would be used for efflianced pedestrian crosswalks, possibly for adding a walk, a U-2007-03 August 23, 2007 2 lighted walk, or other erdiancenients as reviewed and directed by the public works department t Fees in the resolution shall reflect current rates instead of those shown in the staff report ® Approved the removal of 54 trees and a replanting plan subject to the following condition: o Trees shall be maximized on site and developer shall replace as many trees onsite as possible, subject to the approval of the corninw-dty development director The Use Permit conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS The approval is based on Exhibits submitted by Chang Architecture titled: "Tantau Retail and Parking Garage" consisting of 14 pages labeled pages C, Al-A4.1, PL-1, PL-2, Cl-C4 and a colored rendering of the project, except as may be amended by the Conditions contained in this Resolution. DEVELOPMENT APPROVAL Approval is granted to construct a 10,852 square foot retail commercial building on Parcel 1 of the project site (northeast corner of Stevens Creek Blvd. and N. Tantau Ave.) and a 94- space, one -level parking structure on Parcel 2 of the project site. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 10,582 square feet of retail commercial allocation from the Heart of the City Specific Plan Area allocation. HEART OF THE CITY SETBACK EXCEPTION Approval is granted for a front yard setback exception from the Heart of the City Specific Plan requirements to allow the retail commercial building on Parcel 1 to have a nunimum. 32 feet 2 inch setback from Stevens Creek Boulevard and N. Tantau Avenue. PARKING The applicant shall provide a minimum of 594 parking spaces on site in accordance with the approved site plan. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed retail corniiiercial building .in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. U-2007-03 August 23, 2007 LANDSC,kPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building permits. The landscape plan shall provide the following: a. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control pleasures referenced in Chapter 9.18, Stonnwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. b. Plant field grown size `Fraxinus Americana' ash trees, or the largest size trees that can be accommodated within the "sawtootl" corkers of the retail conunereial building facing Stevens Creek Blvd. C. Provide a "green screen" around the perimeter of the parking garage that includes planting of trees and shrubs that will screen the garage. Existing redwood trees may suffice as the "green screen" along the rear elevation of the parking garage facing Interstate 280,_ unless the redwood trees are significantly pruned. If the redwood trees along the rear elevation are significantly pruned and do not provide adequate screening from Interstate 280, additional screening shall be required. PLAZA AREAS The applicant shall provide decorative pavement treatment in the plaza areas around the retail commercial building. The plaza area shall be widened in front of the retail commercial building to allow portions of the plaza to extend out to the public right-of-way along N. Tantau Avenue and Stevens Creek Boulevard. The plaza area shall incorporate use of a coinbination of decorative interlocking pavers and decomposed granite, rather than the broom and salt -finished concrete. 011 M d. Prior to final occupancy, the applicant shall repair or replace any portions of the sidewalk along N. Tantau Ave. in front of the project site that are in disrepair, as determined by the Director of Public Works. e. Prior to final occupancy, the applicant shall replace the entire, sidewalk along Stevens Creek Blvd, with a minimum 6-foot wide sidewalk, in compliance with the Heart of the City Specific Plan requirements. SIGN PROGRAM A sign program shall be required for the new retail commercial building proposed on Parcel 1. BUILDING COLORS AND MATERIALS The building colors and materials shall be consistent with the materials board submitted by the applicant. U-2007-03 August 23, 2007 4 INGRESS/EGRESS EASEMENT The applicant shall record a deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels that share common driveways. The deed restriction shall provide for necessary reciprocal ingress and egress easement to and from the affected parcels. The easements shall be recorded prior to issuance of building permits. MAINTENANCE AGREEMENT The applicant shall record a maintenance agreement subject to the approval of the City Attorney for the maintenance of the shared driveways by the property owners of each of the lots. RECIPROCAL PARKING The applicant shall record, a reciprocal parking easement for the shared parking between Parcel 1 (neiv retail commercial building site) and Parcel 2 (existing two-story office complex with new parking structure), subject to the approval of the City Attorney prior to issuance of building permits. TREE REMOVAL The applicant is approved to remove a total of 54 trees. on site in accordance with the arborist report submitted by Walter Levinson Consulting Abborist, dated January 21, 2007, that include 44 trees that will require removal due to the location of the new structures on site and 10 trees that are in poor or failing health. Trees identified as tree numbers 83, 84, A, B, 88, 89, 90, 91, and 92 shall be retained and protected on site; and shall not be removed as reconnmended in the arborist report. For any trees to be retained, the applicant shall follow protection measures for the retainment of these trees. TREE PROTEMON As part of the building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: £ For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. g. No parking or vehicle parking shall be allowed under root zones, unless using buffers approved by the project arborist. E No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City Arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. i. Tree protection conditions shall be posted on the tree protection barriers. j. Retained trees shall be watered to maintain them in good health. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building U-2007-03 August 23, 2007 permits. The bond shall be returned after completion of construction; subject to a letter from the City Arborist indicating that the trees are in good condition; TREE REPLACEMENT IN®LIEU FEE The applicant shall pay an in -lieu fee of $9,240 prior to issuance of building permits and upon effective adoption of the protected trees ordinance for the removal of 42 trees on site that cannot be replaced on site, unless additional replacement trees are planted on site in which case the in -lieu fee may be reduced accordingly, The in -lieu fee for each tree removal that cannot be replaced on site shall be.,$220, based upon the purchase and installation cost of a replacement tree. SCREENING All mechanical and other equipment on the retail building or on the site shall be screened so they are not visible from' public street areas or adjoining developments. Screening materials/colors shall match building features and materials, The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to 'issuance of building permits. . All new restaurants shall install odor abatement systems to reduce odor impacts from the restaurants to the adjacent coini-nunity. The odor abatement systems shall be installed prior to final occupancy of the associated restaurant(s). Detailed plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. TRASH AND DELIVERY ACTIN71TIES A detailed refuge and truck delivery plan must be prepared by the applicant. The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building permits.. Staging of construction and equipment shall not occur within 250 feet of any residential property. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. NOTICE OF I+EE& 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 U-2007-03 August 23, 2007 6 Govertunent 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 inay protest these fees, dedications, reservations, and other exactions, pursuant to Governinent 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 Iegally barred fi•orn later challenginb such exactions. . SECTION IV: CONDITIONS ADMD,11STERED BY THE PUBLIC WORKS DEPT. STREET WIDENING Street widening and dedications shiall be provided in accordance with City Standards and specifications and as required by the City Engineer. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the Cite 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 perruitted by the zone in which the site is located. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 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. DRAINAGF, Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post - development calculations must be provided to indicate whether additional storm water control measures are to be installed. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. U-2007-03 August 23, 2007 7 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 provider 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. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreen-ient 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. Checking & Inspection Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park. Fees: h. Street Tree $ 6% of Off -Site Improvement Cost or $3,540.00 minimum $ 6% of Site Improvement Cost or $2,060.00 minimum $ 2,000,00 $ 12,430.31 N/A NT/A By Developer Based on the latest effective PG&E rate schedule approved by the PUC Bonds: a.. Faithful Performance Bond: 100% of Off -site and On -site hnprovernents 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 filial neap or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. The transformer shall not be located in the front or side building setback area. U-2007-03 August 23, 2007 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. Erosion and or sediment control plan shall be provided. STORAIWATER QUALITY GUIDELINES FOR DEVELOPMENT PROTECTS For a project creating or replacing 10,000 square feet or more of impervious surface, the applicant must fulfill the City's storm water quality requirements, which includes but is not limited to a Storni Water Management Plan/Notice of Intent (NOI), . design and implementation of permanent storm water treatment BMPs, BMP operation and n-raintenance responsibilities, and BMP inspection and reporting, EROSION CONTROL PLAN The developer. roust provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans, TRAFFIC SIGNAL IMPROVEMENTS The developer shall install traffic signal improvements at the Stevens Creek Blvd/Tantau and Vallco Parkway/Tantau intersections. The improvements include a new traffic signal controller cabinet, battery backup, and emergency vehicle pre-eniption at Vallco Parkway/Tantau, and emergency vehicle pre-emption at Stevens Creek Blvd/Tantau. 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 traf .c control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control sighs must be reviewed and approved by the City prior to corninencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environinental Programs Manager. REFUSE TRUCK ACCESS The developer must obtain clearance from the Envirorunental Programs Manager in regards to refuse truck access for the proposed development. The Architectural and Site Approval conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. U-2007-03 August 23, 2007 APPROVED EXHIBITS Tlie approval is based on. Exhibits submitted by Chang Architecture titled: "Tantau Retail and Parking Garage" consisting of 14 pages labeled pages C, Al-A4.1, PL-1, PL-2, Cl- C4 and a colored rendering of the project, except as may be amended by the Conditions contained in this Resolution. DEVELOPMENT APPROVAL Approval is granted to construct a 10,852 square foot retail commercial building on Parcel 1 of the project site (northeast confer of Stevens Creek Blvd. and N. Tmitau Ave.) and a 94-space, one -level parking structure on Parcel 2 of the project site. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 10,582 square feet of retail oouulnercial allocation from the Heart of the City Specific Plan Area allocation. HEART OF THE CITY SETBACK EXCEPTION Approval is granted for a front yard setback exception from the Heart of the City Specific Plan requirements to allow the retail commercial building on Parcel 1 to have a minnnurn 32 feet 2 inch setback front Stevens Creek Boulevard and N. Tantau Avenue, PARKING TI-ie applicant shall provide a mirdi-num of 594 parking spaces on site in accordance with the approved site plan. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed retail commercial building in accordance with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code, LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed. and approved by the Director of Community Development prior -to issuance of building penri ts. The landscape plan shall provide the following: , b) The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Storniwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code, c) Plant field grown size `Fraxinus Americana' ash trees, or the largest size trees that can be accommodated within the "sawlooth" corners -of the retail commercial building facing Stevens Creek Blvd. d) Provide a "green screen" around the perimeter of the parking garage that includes planting of trees and shrubs that will screen the garage. Existing redwood trees may suffice as the "green screen" along the rear elevation of the parking garage facing Interstate 280, unless the redwood trees are significantly pruned. If the U-2007-03 August 23, 2007 10 redwood trees along the rear elevation are significantly pruned and do not provide adequate screening from Interstate 280; additional screening shall be required. PLAZA AREAS The applicant shall provide decorative pavement treatment in the plaza areas around the retail con-nnercial building. The plaza area shall be widened in front of the retail commercial building to allow portions of the plaza to extend out to the public right-of- way along N. Tantau Avenue and Stevens Creek Boulevard. The plaza area shall incorporate use of a combination of decorative interlocking pavers and decomposed. granite, rather than the broom and salt -finished concrete. SIDEWALKS a. Prior to final occupancy, tha applicant shall repair or, replace any portions of the sidewalk along N. Tantau Ave. in front of the project site that are in disrepair, as determined by the Director of Public Works. b. Prior to final occupancy, the applicant shall replace the entire sidewalk along Stevens Creek Blvd, with a minimum 6-foot wide sidewalk, in _ compliance with the Heart of the City Specific Plan requirements. SIGN PROGRAM A sign program shall be required for the new retail corntriercial building proposed on Parcel 1. BUILDING COLORS AND MATERIALS The building colors and materials shall be consistent with the materials board submitted by the applicant. INGRESSIEGRESS EASEMENT The applicant shall record a deed restriction and covenant rumring with the land, subject to approval of the City Attorney, for all parcels that share conunon driveways. The deed restriction shall provide for necessary reciprocal ingress and egress easement to and fi•om the affected parcels. The easements shall be recorded prior to issuance of building permits. MAINTENANCE AGREEMENT The applicant shall record a maintenance .agreement subject to the approval of the City Attorney for the maintenance of the shared driveways by the property owhers of each of . the lots. RECIPR®CAI., PARKING The applicant shall record a reciprocal parking easement for the shared parking between Parcel l (new retail commercial building site) and Parcel 2 (existing two-story office complex with new parking structure), subject to the approval of the City Attorney prior to issuance of building permits. U-2007-03 August 23, 2007 11 TREE REMOVAL The applicant is approved to remove a total of 63 trees on site in accordance with the arborist report submitted by Walter Levinson Consulting Arborist, dated January 21, 2007, that include 53 trees that will require removal due to the location of the new structures on site and 10 trees that are in poor or failing health. Trees identified as tree numbers 83, 84, A, B, 88, 89, 90, 91, and 92 shall be retained and protected on site, and shall not be removed as reconvzzended in the arborist report. For any trees to be retained, the applicant shall follow protection measures for the retainment of these trees. TREE PROTECTION As part of the building permit dra-,vings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: C. For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. d. No parking or vehicle parking shall be allowed under root zones, unless using buffers approved by the project arborist. e. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City Arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. f, Tree protection conditions shall be posted on the tree protection barriers. g. Retained trees shall be watered to maintain them in good health. TREE PROTECTION BOND' The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building pern-tits. The bond shall be returned after completion of construction, subject to a letter from. the City Ai-borist indicating that the trees are in good condition, TREE REPLACEMENT IN -LIEU FEE The applicant shall pay an in -lieu fee of $9,240 prior to issuance of building permits and upon effective adoption of the protected trees ordinance for the removal of 42 trees on site that caruiot be replaced on site, unless additional replacement trees are planted on site in which case the in -lieu fee may be reduced accordingly. The in -lieu fee for each tree removal that cannot be replaced on site shall be $220, based upon the purchase and installation cost of a replacement tree. SCREENI'i TC All mechanical and other equipment on the retail building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening niaterialslcolors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. U-2007-03 August 23, 2007 12 The location of equipment and necessary screening shall be revicived and approved by the Director of Community Development prior to issuance of building permits. RESTAURANT ODOR ABATEMENT All new restaurants shall install odor abatement systems to reduce odor impacts from the restaurants to the adjacent community. The odor abatement systems shall be installed prior to final occupancy of the associated restaurant(s). Detailed plans shall be reviewed and approved by the Director of. Community Development prior to issuance of building permits. TRASH AND DELIVERY ACTIVITIES A detailed refuge and truck delivery plan must be prepared by the applicant. ,The plan shall specify locations of trash facilities, refuge pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for revieic , and approval prior to issuance of building permits. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. Staging of construction and equipment shall not occur within 250 feet of any residential property. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of filial demolition permits. 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 Govemrnent 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 Govemnent 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. SECTION IN/: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. STREET WIDENING Street widening and dedications shall be provided in accordance N ith City Standards and specifications and as required by the City Engineer. U-2007-03 August 23, 2007 13 CURB AND GUTTER n1PROVEAIENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. STREET LIGHTING INSTALLAATIGN Street lighting shall be installed and shall be as approved by the City Engineer. bighting 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 maxiinurn height permitted by the zone in ,vhich the site is located. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 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 Array Corp of Engineers and/or Regional Water Quality Control Board as appropriate. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post - development calculations must be provided to indicate whether additional storm water control measures are to be installed. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. 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, II'IPRGVEAIENT AGREEMENT The project developer shall enter into a development agreement «ith 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, Checking & Inspection Fees; $ 6% of Off --Site Improvement Cost or $3,540.00 mininium U-2007-03 August 23, 2007 14 b. Grading Permit: 6% of Site Improvement Cost or $2,060.00 minimum c. Development Maintenance Deposit: $2,000,00 d. Stonn Drainage Fee: $ 12,430.31 e. Power Cost:, f. Map Checking Fees: N/A g. Park Fees: N/A h, Street Tree By Developer Based on the latest effective PG&E rate schedule approved by the PUC Bonds: d. Faithful Performance Bond: 100% of Off -site and On -site Iniprovoirients e. Labor & Material Bond: 100% of Off -site and On -site Improvement f 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 changed at that time will reflect the then current fee schedule, TRANSFORAIERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. The transformer shall not be located in the front or side building setback area. 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. Erosion and or sediment control plan shall be provided. For a project creating or replacing 10,000 square feet 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 PlaivNotice of Intent (NOI), design and implementation of permanent storm water treathient BMPs, BMP operation and iimintenance, responsibilities, and BMP inspection and reporting. EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. U-2007-03 August 23, 2007 15 TRAFFIC SIGNAL IMPROVEMENTS , The developer shall install traffic signal improvements at the Stevens Creek Blvd/Tanta-u and Vallco Parkway/Tantau intersections. The improvements include a new traffic signal controller cabinet, battery backup, and emergency vehicle pre-ei--ription at Vallco Parkway/Tantau, and emergency vehicle pre-emption at Stevens Creek Blvd/Tantau. 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. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Ui-dforni Traffic Control Devices (MUTCD) standards for all sign C� g age and striping work throughout the City. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environniental Programs Manager. REFUSE TRUCK ACCESS The developer inust obtain clearance from the Envirom-nental Programs Manager in regards to refuse truck access for the proposed development. The Tentative Map conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS The recommendation of approval is based on the Tentative Parcel Map titled: '*"Tentative Map, Retail and Parking Development, 10100 N. Tantau Avenue, Cuciptino California" consisting of one sheet labeled C-01, prepared by AP Consulting Engineers dated March 10, 2007. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maxiinum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. NOTICE OF FEES, DEDICATIONS, R1 SERVATIONS OR OTHER EXACTION'S 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 Governilient Code Section U-2007-03 August 23, 2007 16 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. As part of the building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition to trees to be retained per the arborist report, the applicant shall also retain and protect trees identified as tree numbers 83, 84, A. B, 88, 89, 90, 91, and 92. In addition, the following iueasures shall be added to the protection plan: . h. For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. i, No parking or vehicle parking shall be allowed under root zones; unless using buffers approved by the project arborist. j. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City Arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. k. Tree protection conditions shall be posted on the tree protection barriers. L Retained trees shall be watered to maintain them in good health. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building perinits..`I~he bound shall be returned after completion of construction, subject to a letter from. the City Arborist indicating that the trees are in good condition. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer, CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards, as specified by the City Engineer. 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 pernnitted by the zone in which the site is located. FIRE HYDRANT Fire hydrants . shall be located as required by the City and Santa Clara County Fire Department as needed. U-2007-03 August 23, 2007 17 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 Anny Corp of Engineers and/or Regional Water Quality Control Board as appropriate. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post - development calculations must be provided to indicate whether additional stonn water control measures are to be installed. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Ilnderground 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. IAIPROVEAIENT 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, stonnn drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction penlnits. Fees: a. Checking & uspection Fees: $ 6% of Off Site Improvement Cost or $3,540.00 minimum b. Grading Permit: $ 6% of Site Improvement Cost or $2,060.00 minimum c. Development Maintenance Deposit: $ 2,000.00 d. Stonn Drainage Fee: $ 12,430.3 1 e. Power Cost: f. Map Checking Fees: N/A g. Park Fees: 1\T/A h. Street Tree By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: g. Faithful Performance Bond: 100% of Off -site and On -site Improvements IJ-2007-03 August 23, 2007 18 h. Labor & Material Bond: 100% of Off -site and On -site Iimproveiment i. 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. I3owever, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. TRANSFORAIERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. The transformer shall not be located in the front or side building setback area. BEST NIANAGEI\IENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State hater Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. Erosion and or sediment control plan shall be provided. STORMNVATER QUALITY UI[DELINTES .FOR DEVELOPAIENT PROJECTS For a. project creating or replacing 10,000 square feet 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 Plail/Notice of Intent (NOI), design and implementation of permanent stone water treatment BMPs, BMP operation and maintenance responsibilities, and BMP inspection and reporting. EROSION CONTROL PLAIN The developer must provide an approved erosion . control plan by a Registered Civil Engineer. This plan should include all erosion control pleasures used to retain materials on site. Erosion control notes shall be stated on the plans. TRAFFIC SIGNAL IMPRONTQIENTS The developer shall install traffic signal iinproveiments at the Stevens Creek Blvd/Tantau and Vallco Parkway/Tantau intersections. The improvements include a new traffic signal controller cabinet, battery backup, and emergency vehicle pre-emption at Vallco Parkuray/Tantau, and emergency vehicle pre-emption at Stevens Creek Blvd/Tantau. TRAFFIC CONTROL PLAN The developer must subunit 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. All traffic control signs must be reviewed and approved by the City prior to corninencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. U-2007-03 August 23, 2007 19 TRASH ENCLOSURFS The trash enclosure plan must be designed to the satisfaction of the Envirorunental Programs Manager, REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed developinent. The tree removal conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROV.kL ACTION The applicant is approved to remove a total of 54 trees on site in accordance with the arborist report submitted by Walter Levinson Consulting Arborist, dated January 21, 2007, that include 44 trees that will require removal due to the location of the new structures on site and 10 trees that are in poor or failing health. Trees identified as tree numbers 83, 84, A, B, 88, 89, 90, 91, and 92 shall be retained and protected oil site, and shall not be removed as recommended in the arborist report. For any trees to be retained, the applicant shall follow protection measures for the retain ment of these trees. TREE PROTECTION As part of the building pen -nit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: in. For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to an), project site work. n. No parking or vehicle parking shall be allowed under root zones, unless using buffers approved by the project arborist. o. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City Arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree, P. Tree protection conditions shall be posted on the tree protection barriers. q. Retained trees shall be watered to maintain them in good health. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $100,000 to ensure protection of trees slated for preservation prior to issuance of grading, demolition or building permits, The bond shall be returned after completion of construction, subject to a letter from. the City Arborist indicating that the trees are in good condition. 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 U-2007-03 I August 23,.2007 20 Section 66020(d) (1), these Conditions constitute written notie of a statement of the amount of such fees, and a description of the dedications, resenatiog and other exactions, You are hereby further notified that the 90-day approval period in whip you may protest these fees, dedications, reservations, and other exactions, pursuant to GOenuu-rent Code Section 66020(a), has begun. If you fail to file a protest within fihis %day period complying with all of the requirements of Section 66020, you will be legally band from later challenging such exactions. TREE REPLACEMENT IN -LIEU FEE The applicant shall pay an in -lieu fee of $9,240 prior to imance of building permits and upon effective adoption of the protected trees ordinance fothe removal of 42 trees on site that cannot be replaced on site, unless additional replacemat trees are planted on site that would reduce the in -lieu fee. The in -lieu fee is based upon purchase and installation cost of $220 per tree removal for each tree that cannot be replacobn site. The exception conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE CfMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS The approval is based on Exhibits submitted by Chang Archcture titled: "Tantau Retail and Parking Garage" consisting of 14 pages labeled pages C, A.1,A.4,1, PL-1, PL-2, Cl-C4 and a colored rendering of the project, except as may be amend rdiby the Conditions contained .in this Resolution. HEART OF THE CITY SETBACK EXCEPTION Approval is granted for a front yard setback exception froi[ the Heart of the City Specific Plan requirements to allow the retail commercial building omParcel 1 to Have a minilnwii 32 feet 2 inch setback from Stevens Creek Boulevard and N. Tatau Avenue. Please review conditions carefully. If you have any questiois regarding the conditions of approval, please contact the Department of Community Detlopment at 408-777-3308 for clarification. Failure to incorporate conditions into your platset will result in delays at the plan checking stage. If development conditions require treelreservations, do not clew the site until required tree protection devices are installed. The conditions of project approval set forth herein rrr.ay irlude certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute )written notice (a statement of the amount of such fees, and a description of the dedications, reservationns ind other exactions. You are hereby further natijied that the 90-day approval period in xu ih your may protest these fees, dedications, and other exactions, pursuant to Government Cok Section 66020(a), has begun. If ,you fail to.file a protest within this 90-day period corrrplyinr with all of tke' requirements o Section 66020, you will be legally barred front later challengingsuch exactions. U-2007-03 August 23, 2007 21 Any lidereEted person, including the applicant, prior to seeking judicial review of the cify couneil's decision in this inatter, nutst first file a petition for reconsideration with the city clerk within ten dates after the counciPs, decision. Any petition so filed inust comply with municipal ordinance code §2.08.096. Sincerely G ,6, -A- 415�4vc d-� Grace Muni& Deputy City Cleric cc: Conununity Development