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9-6-11 Searchable PacketTable of Contents Agenda..... ..............................3 August 16 City Council minutes Draft Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Accounts Payable for period ending August 12, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Accounts Payable for period ending August 19, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Payroll for period ending August 19, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Quitclaim Deed and Authorization for Underground Water Rights, Ramona Blvd., Inc., a California nonprofit corporation, 22840 Mercedes Road, APN 342 -22 -109 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . 40 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Map... .............................46 Quitclaim Deed and Authorization for Underground Water Rights, Rajesh George and Gangarathna Purlupady, 10471 Westacres Drive, APN 359 -14 -032 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Map... .............................51 Quitclaim Deed and Authorization for Underground Water Rights, Lynn Youngs and Mikiko Youngs, 10965 Miramonte Road, APN 356 -01 -032 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . 53 Map... .............................57 Quitclaim Deed and Authorization for Underground Water Rights, 10590 Tantau Investments, LLC, A Delaware limited liability company, 10590 North Tantau Avenue, APN 316 -18 -035 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Map... .............................63 Quitclaim Deed and Authorization for Underground Water Rights, Chih -Hui Tung, 10215 Alhambra Avenue, APN 326 -23- 042 & 326 -23 -043 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Map.. .............................70 Quitclaim Deed and Authorization for Underground Water Rights, Tantau Properties LLC, a Delaware limited liability company, 10670, 10700 and 10710 North Tantau Avenue, APN 316 -09 -019, 316 -09 -027 & 316 -09 -028 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Map... .............................77 1 Quitclaim of property on Cleo Avenue (APN 362 -31 -004) to Habitat for Humanity Silicon Valley (Habitat) for affordable housing development Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Original - 2005 transfer . . . . . . . . . . . . . . . . . . . . . . 83 Map... .............................89 Improvement Agreement, Chih -Hui Tung, 10215 Alhambra Avenue, APN 326 -23 -042 & 326 -23 -043 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Improvement Agreement . . . . . . . . . . . . . . . . . . . . . 92 Map.... ............................106 Maintenance Agreement, Byer Properties, L.P., a California limited partnership, 20730 Stevens Creek Boulevard, APN 359- 08 -020 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . 107 Maintenance Agreement . . . . . . . . . . . . . . . . . . . . . 108 Map.... ............................113 City Project, Garden Gate Sidewalk Installation, Project No. 2009 -9549 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Blackberry Farm Infrastructure Upgrade Project 2011 Re -Bid Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Attachment A - BBF Infrastructure Upgrade Project Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Cupertino Crossroads Development Proposal Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 A. Planning Commission Resolutions . . . . . . . . . . . . . . . 128 B. August 9, 2011 Planning Commission Meeting Packet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 C. August 9, 2011 Draft Planning Commission Minutes. . . . . . 269 D. Plan Set . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 Arbor Day Proclamation 2011 and submission of application for Tree City USA Designation Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 Attachment A - Draft Proclamation . . . . . . . . . . . . . . . . 315 Attachment B - Tree City USA application form . . . . . . . . . . 316 Ordinance to "Opt in" to an Voluntary Alternative Redevelopment Program under ABx1 27, Voluntary Redevelopment Program Act Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317 Attachment A . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 Attachment B . . . . . . . . . . . . . . . . . . . . . . . . . . . 323 Attachment C . . . . . . . . . . . . . . . . . . . . . . . . . . . 328 Attachment D . . . . . . . . . . . . . . . . . . . . . . . . . . . 329 E CUPERTINO AGENDA CUPERTINO CITY COUNCIL — REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY — REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, September 6, 2011 6:4_5 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS — PRESENTATIONS Subject Proclamation recognizing Target for their participation during National Night Out Recommended Action Present proclamation Page No written materials in packet 2. Subject Presentation from the Parks & Recreation Commission Recommended Action Receive presentation Page No written materials in packet POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. 3 Tuesday, September 6, 2011 CONSENT CALENDAR Cupertino City Council Cupertino Redevelopment Agency Unless there are separate discussions and /or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. Subject August 16 City Council minutes Recommended Action Approve minutes Draft Minutes Page 9 4. Subject: Accounts Payable for period ending August 12, 2011 Recommended Action Adopt Resolution No. 11 -147 Draft Resolution Page 18 5. Subject Accounts Payable for period ending August 19, 2011 Recommended Action Adopt Resolution No. 11 -148 Draft Resolution Page 28 6. Subject Payroll for period ending August 19, 2011 Recommended Action Adopt Resolution No. 11 -149 Draft Resolution Page '38 7. Subject Quitclaim Deed and Authorization for Underground Water Rights, Ramona Blvd., Inc., a California nonprofit corporation, 22840 Mercedes Road, APN 342 -22 -109 Recommended Action Adopt Resolution No. 11 -150 Description The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property Draft Resolution Quitclaim Deed Map Page 39 8. Subject Quitclaim Deed and Authorization for Underground Water Rights, Rajesh George and Gangarathna Purlupady, 10471 Westacres Drive, APN 359 -14 -032 Recommended Action Adopt Resolution No. 11 -151 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property Draft Resolution Quitclaim Deed Map Page 46 M Tuesday, September 6, 2011 Cupertino City Council Cupertino Redevelopment Agency 9. Subject Quitclaim Deed and Authorization for Underground Water Rights, Lynn Youngs and Mikiko Youngs, 10965 Miramonte Road, APN 356 -01 -032 Recommended Action Adopt Resolution No. 11 -152 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property Draft Resolution Quitclaim Deed Map Page 51 10. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10590 Tantau Investments, LLC, A Delaware limited liability company, 10590 North Tantau Avenue, APN 316 -18 -035 Recommended Action Adopt Resolution No. 11 -153 Description The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property Draft Resolution Quitclaim Deed Map Page 57 11. Sub' ect: Quitclaim Deed and Authorization for Underground Water Rights, Chih -Hui Tung, 10215 Alhambra Avenue, APN 326 -23 -042 & 326 -23 -043 Recommended Action Adopt Resolution No. 11 -154 Description The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property Draft Resolution Quitclaim Deed Map Page 63 12. Subject Quitclaim Deed and Authorization for Underground Water Rights, Tantau Properties LLC, a Delaware limited liability company, 10670, 10700 and 10710 North Tantau. Avenue, APN 316 -09 -019, 316 -09 -027 & 316 -09 -028 Recommended Action Adopt Resolution No. 11 -155 Description The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property Draft Resolution Quitclaim Deed Map Page 70 5 Tuesday, September 6, 2011 Cupertino City Council Cupertino Redevelopment Agency 13. Subject Quitclaim of property on Cleo Avenue (APN 362 -31 -004) to Habitat for Humanity Silicon Valley (Habitat) for affordable housing development Recommended Action Adopt Resolution No. 11-156 Description Staff recommends that Council authorize the City Manager to execute a quitclaim deed for APN 362 -31 -004 on Cleo Avenue, per the Disposition and Development Agreement between the City of Cupertino and Habitat for Humanity Silicon Valley for Cleo Avenue Property, approved by Council June 1, 2010 Staff Report Draft Resolution Original - 2005 transfer Map Page 77 14. Subject Improvement Agreement, Chih -Hui Tung, 10215 Alhambra Avenue, APN 326 -23- 042 & 326 -23 -043 Recommended Action Adopt Resolution No. 11 -157 Description Through the improvement agreement with the City, the applicant for a building permit for a single - family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site Draft Resolution Improvement Agreement Map Page 89 15. Subject Maintenance Agreement, Byer Properties, L.P., a California limited partnership, 20730 Stevens Creek Boulevard, APN 359 -08 -020 Recommended Action Adopt Resolution No. 11 -158 Description The property owner of this commercial development will be required to allocate the costs of maintenance, repair and replacement of certain improvements, including landscaping, situated on real property owned by City along 20730 Stevens Creek Boulevard in front of the project, and to establish certain criteria and procedures for the accomplishment of said maintenance, repair and replacement Draft Resolution Maintenance Agreement Map Page 106 16. Subject City Project, Garden Gate Sidewalk Installation, Project No. 2009 -9549 Recommended Action Accept Project No. 2009 -9549 Description The work consisted of installing new concrete sidewalk, handicap ramps and upgrading a traffic signal Staff Report Page 113 0 Tuesday, September 6, 2011 Cupertino City Council Cupertino Redevelopment Agency 17. Subject Blackberry Farm Infrastructure Upgrade Project 2011 Re -Bid Recommended Action Authorize the City Manager to award contract. Description The work consists of accessibility improvements to the restrooms, driveway and entryway at the retreat center. An alternative bid item includes the construction of a concrete retaining wall at the foot of the hill near the maintenance yard to prevent soil from the steep slope from slipping into the maintenance yard during the wet season. Staff Report Attachment A - BBF Infrastructure Upgrade Project Contract Page 114 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 18. Subject Cupertino Crossroads Development Proposal Recommended Action Approve project Description Applicant: Mark Creedon (Byer Properties); Permit Nos: ASA- 2011 -12, DP- 2011-03, EXC- 2011 -10, TR- 2011 -30; Location: 20750 Stevens Creek Boulevard (Cupertino Crossroads); APN: 359 -08 -006, 359 -08 -013, 359 -08 -020; Environmental Determination: Negative Declaration (EA- 2011 -10); Descriptions: a. Architectural and Site approval for two new retail building pads and associated site improvements, including, but not limited to, parking lot re- orientation, lighting, landscaping and street frontage improvements consistent with the Heart of the City Specific Plan. b. Development Permit to allow the construction of two new retail building pads; 8,136 square feet and 5,086 square feet respectively and demolition of an existing 4,930 square foot restaurant building, for a net square footage increase of 8,292 square feet. c. Exception to the Heart of the City Specific Plan to allow a 26 foot front setback for a new 5,086 retail building pad, where a 35 foot front setback is required. d. Tree Removal Permit to allow the removal and replacement of seventy nine trees within an existing shopping center parking lot in conjunction with the proposed new development Staff Report A. Planning Commission Resolutions B. August 9, 2011 Planning Commission Meeting Packet C. August 9, 2011 Draft Planning Commission Minutes D. Plan Set Page 123 UNFINISHED BUSINESS 7 Tuesday, September 6, 2011 NEW BUSINESS Cupertino City Council Cupertino Redevelopment Agency 19. Subject Arbor Day Proclamation 2011 and submission of application for Tree City USA Designation Recommended Action Proclaim Saturday, October 22, 2011 as "Arbor Day" in the City of Cupertino; and Authorize the City to submit Tree City USA application Staff Report Attachment A - DRAFT PROCLAMATION Attachment B - Tree City USA application form Page 312 20. Subject Ordinance to "Opt in" to an Voluntary Alternative Redevelopment Program under ABx 127, Voluntary Redevelopment Program Act Recommended Action Conduct the first reading of Ordinance 11 -2080: "An Ordinance of the City Council of the City of Cupertino enacted pursuant to Health and Safety Code section 34193 to elect and implement participation by the City of Cupertino and the City of Cupertino Redevelopment Agency in the Voluntary Alternative Redevelopment Program pursuant to part 1.9 of the California Community Redevelopment Law" Description Staff Report Attachment A Attachment B Attachment C Attachment D Page 316 ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT Tuesday, September 6, 2011 Cupertino City Council Cupertino Redevelopment Agency REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408 - 777 -3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda /minutes page on the Cupertino web site. 9 ma c, C, l 9s� DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, August 16, 2011 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION - None CEREMONIAL MATTERS — PRESENTATIONS Subject Proclamation recognizing Jennifer Wang and Samantha Wang for starting and running Copper's Dream Animal Rescue Recommended Action Present proclamation Mayor Wong presented the proclamations to Samantha Wang. 2. Subject Proclamation recognizing Relay for Life of Cupertino Recommended Action Present proclamation Relay Chair Suzy Andrade explained that over 500 team participants raised $122,000 and that money is still coming in through August 31. She thanked everyone for their support of the relay. Mayor Wong presented the proclamation to Ms. Andrade. Subject Presentation from the Technology, Information, and Communication Commission (TIC C) Recommended Action Receive presentation TICC Commission Chair Peter Friedland gave a PowerPoint presentation. He summarized the Commission's major accomplishments for the year, including improvements in cellular communications; "green" improvements for street lighting and irrigation controls; initiating review of City telecommunications expenses; and free installation of the Cupertino node on the Santa Clara Emergency Wireless Network ( SCEWN). He explained that SCEWN is an IP data network relay system that allows emergency responders to communicate with each other in case of a disaster. He also highlighted potential new Commission activities, such as evolving social media to connect Cupertino residents; education on current wireless options; second phase of the Cupertino green initiative; and developing a technology speaker series. 10 August 16, 2011 Cupertino City Council Page 2 4. Subject: Presentation from the Bicycle Pedestrian Commission Recommended Action Receive presentation Bicycle Pedestrian Commission Chair William Chan gave a PowerPoint presentation. He highlighted the Bicycle Transportation Plan that was adopted by Council on May l; noted that the Commission applied for Bicycle Friendly Community status in February and that it was awarded in May; talked about the annual energizer station for Bike to Work Day in front of Quinlan Community Center and that 201 cyclists rode by with 79 stopping; noted that the count done on May 24th for the Mary Avenue Bridge was a total of 664 trips with 285 being bicyclists and 379 being pedestrians; and explained that the Commission keeps a "hotlist" of ongoing issues faced by pedestrians and bicyclists that are reviewed and updated each week. He said that the Commission is looking forward to enhancing education and encouraging more biking and walking through the Bicycle Friendly Community process; they are looking into starting an annual bike event in the City; and they are working to coordinate with other commissions to further help the community. POSTPONEMENTS Deputy City Clerk Grace Schmidt said that staff recommended tabling item No. 24 regarding the Alternative Voluntary Redevelopment Program. Acting City Attorney Gary Baum explained that there is some uncertainty about the redevelopment agency and what will happen in the courts, and recommended that the Council delay any decision about the opt -in ordinance. He noted a different version of the ordinance may come back in September for a new first reading if the legal analysis has changed. Mahoney moved and Chang seconded to table item number 24. The motion carried unanimously. WRITTEN COMMUNICATIONS The following written materials were distributed at the meeting: • Emails to Council and Planning staff from Jennifer Griffin for item number 25, R -1 zones, commenting on neighbor noticing, story poles, zoning issues in Rancho Rinconada, design review, and mailing plan sets • Email to Council from Larry Mattheakis for item number 25, R -1 zones, regarding a possible conflict of interest for Council member Barry Chang on this item • Email to Council from Keith Murphy for item number 25, R -1 zones, regarding Council's earlier action to eliminate wall plane height and second story surcharge • Amended ordinance for item number 25, R -1 zones • An amended Redevelopment Agency resolution and redline version for item number 26 on the Redevelopment Agency portion of the agenda 11 August 16, 2011 Cupertino City Council Page 3 ORAL COMMUNICATIONS Dennis Whittaker offered some suggestions for the employees that would be housed in the new Apple building under consideration, including restricting parking to 5000 parking spaces; increasing the number of buses to get people in and out of the building quicker; encouraging Apple to stagger work hours; and forming a committee to look into light rail. Anne Ng spoke on behalf of the Friends of Stevens Creek Trail and thanked Council for the enhanced corridor and trail access from Scenic Circle, the Stocklmeir project, and the feasibility study to link our trails to Mountain View. She distributed the Friends' annual newsletter, "The Trailblazer." She noted that the Friends will hold its annual fundraiser on Sunday, September 25 at 8:30 a.m. with a Trailblazer Race including a 5k and 10K run and a 3K walk for hikers. She said they are looking for participants and volunteers and that everyone will receive a t -shirt. Visit www.stevenscreelctrail.com for more information. Jennifer Griffin said that the development pennit process item will be coming to Council soon and she encouraged residents and staff to be sure the public is aware of what the process involves and what the stakes are. She encouraged Council to take its time on this issue since it is a 3 -year process. CONSENT CALENDAR Mahoney moved and Wang seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 5,6, and 13 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 7. Subject Accounts Payable for period ending July 28, 2011 Recommended Action Adopt Resolution No. 11 -133 8. Subject Accounts Payable for period ending August 5, 2011 Recommended Action Adopt Resolution No. 11 -134 9. Subject Payroll for period ending August 5, 2011 Recommended Action Adopt Resolution No. 11 -135 10. Subject Amend the Examination and Eligibility List sections of the Administrative Rules and Regulations of the Personnel Code Recommended Action Adopt Resolution No. 11 -136 11. Subject Extending City of Cupertino's participation in the Santa Clara County Abandoned Vehicle Abatement Service Authority (AVASA) Recommended Action Adopt Resolution No. 11 -137 12 August 16, 2011 Cupertino City Council Page 4 12. Subject: Accept the $31,500 Community Energy Champions Grant and the $30,340 Obesity Prevention Policy Development and Implementation Grant. Recommended Action Accept both grants Description Environmental Affairs Division was awarded a $31,500 grant through the Silicon Valley Energy Watch's Community Energy Champions Grant Program and a $30,340 through the Santa Clara County Public Health Department's Obesity Prevention Program. There is no match requirement. 14. Subject: Alcoholic Beverage License, Pho Licious, 21271 Stevens Creek Boulevard, Suite 410 (Oaks Shopping Center) Recommended Action Approve application for On -Sale Beer and Wine for Bona Fide Public Eating Place 15. Subject Improvement Agreement, Qingxiang Li and Lixin Chen, 10170 Amelia Court, APN 326 -17 -013 Recommended Action Adopt Resolution No. 11 -139 Description Through the improvement agreement with the City, the applicants for a building permit for a single - family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site 16. Subject Quitclaim Deed and Authorization for Underground Water Rights, Lora Rabbitt, 10656 Larry Way, APN 316 -02 -033 Recommended Action Adopt Resolution No. 11 -140 Description The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property 17. Subject Quitclaim Deed and Authorization for Underground Water Rights, Subir K. Sengupta and Elena Herrera, 21150 Grenola Drive, APN 326 -28 -059 Recommended Action Adopt Resolution No. 11 -141 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 18. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Weigang Zhang and Songyan Wu, 854 Lily Avenue, APN 359 -03 -039 Recommended Action Adopt Resolution No. 11 -142 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 19. Subject Quitclaim Deed and Authorization for Underground Water Rights, Lili Zhu and Louis Tseng, 18900 Stevens Creek Boulevard, APN 375 -11 -073 Recommended Action Adopt Resolution No. 11 -143 Description The property owners of this commercial development agree to grant to the City the right to extract water from the basin under the overlying property 13 August 16, 2011 Cupertino City Council Page 5 20. Subject Quitclaim Deed and Authorization for Underground Water Rights, Qingxiang Li and Lixin Chen, 10170 Amelia Court, APN 326 -17 -013 Recommended Action Adopt Resolution No. 11 -144 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 21. Subject Stormwater Management Facilities Operation and Maintenance Agreement, Byer Properties, L.P., 20730 Stevens Creek Boulevard, APN 359 -08 -020 Recommended Action Adopt Resolution No. 11 -145 Description The property owner of this commercial development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormwater Management Plan 22. Subject Stormwater Management Facility Easement Agreement, Byer Properties, L.P., 20730 Stevens Creek Blvd., APN 359 -08 -020 Recommended Action Adopt Resolution No. 11 -146 Description The property owner of this commercial development will be required to grant ingress and egress rights to the City for the purpose of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 5. Subject August 2 City Council minutes - Regular meeting Recommended Action Approve minutes 6. Subject August 2 City Council minutes - Special meeting Recommended Action Approve minutes Deputy City Clerk Grace Schmidt noted that the agenda had mistakenly identified the minutes as August 16, but the draft minutes to approve were for the August 2nd Regular and Special Council meetings. Chang moved and Wang seconded to approve the August 2 Regular and Special meeting minutes. The motion carried unanimously. 13. Subject Consider establishing a sister city relationship with Bhubaneswar, India, and endorse the creation of a Bhubaneswar Sister City Committee. Recommended Action Adopt Resolution No. 11 -138 Description The policy and guidelines on sister cities provides criteria for establishing sister city relationships with foreign cities where there are a large number of citizens and organizations engaging in exchanges of people, ideas and culture. The attached resolution establishes a sister city relationship with Bhubaneswar, India, and authorizes the city to support the activities of a sister city committee. 14 August 16, 2011 Cupertino City Council Page 6 Mahesh Pakala, and Mahesh Nihalani, co- presidents of the newly formed Bhubaneswar Sister City Initiative, gave a PowerPoint presentation on the history and cultural heritage of Bhubaneswar. The following individuals offered their support for the sister city relationship. Rishi Chopra Dr. Bidisha Mohanty Ralph Otte Sunita Dash Vicky Tsai Ram Gopal, Cupertino Chamber of Commerce Board member Vivek Tumonalapall Anjali Kausa, Cupertino Union School District Board member Koushik Upadhyayula Ben Liao, Cupertino Union School District Board member Homer Tong Fremont Union High School Board member Payal S. Panda Siddharth Mohaparsa Mahesh Nihalani invited everyone to a cricket tournament at Dilworth Elementary School and noted that Bollywood celebrities would also be in attendance Chang moved and Mahoney seconded to adopt Resolution No. 11 -138 with the condition that the sister city finishes meeting all of the requirements. The motion carried unanimously. PUBLIC HEARINGS - None UNFINISHED BUSINESS 23. Subject Reconsider accepting a Department of Energy grant for two Coulomb Technologies, Inc. electric vehicle charging stations. Recommended Action Reconsider accepting a Department of Energy grant for a Coulomb Technologies, Inc. electric vehicle charging station, and authorize the City Manager to negotiate and execute the necessary agreements with Coulomb Technologies, Inc., and REJ Electric Company for installation of an electric vehicle charging station in the Civic Center Parking Lot. Description Per Council direction provided at the June 21st, 2011 Fiscal Year 2011 -12 budget hearing Public and Environmental Affairs Director Rick Kitson reviewed the staff report. Mahoney moved and Wong seconded for discussion to approve the charging station with the condition that only one of the two stations would be reserved for electric vehicles. After additional discussion Mahoney withdrew his motion. 15 August 16, 2011 Cupertino City Council Page 7 Santoro moved and Mahoney seconded to approve the charging station in the parking lot but not until the funding was available, and neither spot would be reserved, with the option of staff coming back to Council if usage warranted a dedicated spot. Mahoney offered a friendly amendment to spend up to $5,000 to move the stations to a different spot in the parking lot if it would significantly improve the site for open parking spaces. After further discussion Santoro withdrew his motion. Santoro moved and Chang seconded to approve two charging stations on Rodrigues Avenue after the grand funding is secured; establish one reserved space for electric vehicles; direct staff to track and evaluate charging station usage to determine demand and need for additional reserved space, and identify a funding source to implement the full $30,000 scope of the project. The motion carried with Mahoney voting no. NEW BUSINESS - None Council recessed from 9:35 p.m. to 9:42 p.m. ORDINANCES 24. Subject Ordinance to "Opt in" to an Alternative Voluntary Redevelopment Program under ABx 127, the Voluntary Program Act Recommended Action Conduct second reading and enact Ordinance No. 11 -2080: "An Ordinance of the City Council of the City of Cupertino enacted pursuant to Health and Safety Code section 34193 to elect and implement participation by the City of Cupertino and the City of Cupertino Redevelopment Agency in the alternative voluntary Redevelopment program pursuant to part 1.9 of the California Community Redevelopment Law" Under "Postponements" this item was tabled. 25. Subject Municipal Code Amendment to Chapter 19.28, Single - Family Residential (R -1) Zones Recommended Action Conduct second reading and enact Ordinance No. 11 -2079: "An Ordinance of the City Council of the City of Cupertino amending Chapter 19.28, Single - Family Residential Zones, to improve readability and consistency, the two -story design review process, public noticing requirements, story pole requirements, and standards for Sloped Single - Family Residential Lots" Description Applications: MCA - 2011 -03, EA- 2011 -05; Description: Amendment to Chapter 19.28, Single Family Residential Zones, to improve readability and consistency and to evaluate the requirements for Sloped Single Family Residential Lots, the 2 -story design review process, public noticing and story poles; Applicant: City of Cupertino; Location: Citywide Written communication for the item included: emails to Council and Planning staff from Jennifer Griffin commenting on neighbor noticing, story poles, zoning issues in Rancho Rinconada, design review, and mailing plan sets; an email to Council from Larry Mattheakis WT August 16, 2011 Cupertino City Council Page 8 regarding a possible conflict of interest for Council member Barry Chang on this item; an email to Council from Keith Murphy regarding Council's earlier action to eliminate wall plane height and second story surcharge; and an amended ordinance from staff. Deputy City Clerk Grace Schmidt read the title of the ordinance. Community Development Director Aarti Shrivastava reviewed the staff report and noted some typographical errors in the ordinance that staff would fix. Jennifer Griffin said she was told that the City Attorney would address a letter asking if it was legal to discuss wall plane height and second story surcharge. She noted that these items weren't included in the original notice, the Planning Commission didn't discuss it, and it was not discussed at the neighborhood meetings. She said that she is not happy with any of the changes because they are confusing and don't help her neighborhood. She said that it is not a good idea not to have design review on homes. She urged Council to retain the 300 -foot noticing. Lisa Warren said that she thinks the noticing process is flawed and that her neighborhood doesn't want the changes Council is proposing. Frank Sun said that this is a long process and that both the Planning Commission and Council did a good job in their decision - making and he supports the changes. He answered questions from Council. Chi -I Lang said that he was at the August 2 meeting and supports the decision that Council made at that meeting. Eva Wong said that she supports the recommendations on the ordinance and that this is in the best interest of the City in order to save a lot of time and money. Acting City Attorney Gary Baum answered Jennifer Griffin's question from earlier. He explained that the item was noticed properly, the plane height and second story surcharge was noted in the staff report, and everyone was offered the opportunity to speak on the issue. He said the notice was adequate to cover everything that the Council discussed and ultimately decided. He also spoke to the possible conflict of interest for Council members who are in the real estate business and noted that a public general exception applies because the action affects the entire community so all Council members could participate in the decision. He also said that since there were no substantive changes to the ordinance, the second reading could be voted on tonight. Mahoney moved and Chang seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Mahoney moved and Chang seconded to enact Ordinance No. 11 -2079. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. 17 August 16, 2011 Cupertino City Council STAFF REPORTS - None COUNCIL REPORTS - None CITY COUNCIL ADJOURNMENT At 10:18 p.m., the meeting was adjourned. Grace Schmidt, Deputy City Clerk Page 9 Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777 -3223, and also on the Internet at www.cupertino.org Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at www.cupertino.org Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364. iff RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING AUGUST 12, 2011 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof, and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A ". CERTIFIED: (�4�e h � Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 19 H W Pa WH ad 0 4 0 P (71 N H W H � R [I N W ro Z � V) o q o [ o W 3l F o H to O H H 0 m u x o U N A m f[ sl u u cs L] N z i \ w it N 0 a r F4 rHi 'o w N U H H N V' U --•• zz m OH O H H H •• U w iz a° I q H cn FC H to N ul d , -1r H W r- r- al r Cdo o d' 00n 1n A O o IN 01 V o 0 f r M in o 'L r co It co 000 co H O o In co N�D o dr Cl) 0 I o O P W O m N 1D H 91 In CO r r H 0 r N O in 6i m al u1 mm NH .i Ina H H O M H mmGmtfl ZP w V'm r mH r 0 OAT d m o m O u1N d' NMHMO 0 r m N m H M 'r W H H O 1D 1D W d' Ti N m H N 1 0 d' W H H v m �v N NN d P Q O O O O O O O O O O P d P 0 0,:, O O d R o 0 0 0 O o 0 O d R P O O o O P O b d O R P o 0 o O O 0 0 c 4 O O O o R o d P 0 0 0 0 0 O E{ . . . . 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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING AUGUST 19, 2011 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof, and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A ". CERTIFIED: a 4,a��. Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 29 x d H td co \ r co \ H H C9 r at O N w r H 0 n H n O z -]PH w H Y r w Y H w w 1a w w w H r 1.3 H H Y H 1-1 H F' H H H Y H n DO UJ H tJ Q O a O a O O O O 0 0 0 O o o O o O O o O O O 0000 a 0 0 O > n CtJ H Ib F F1 N N N N N N N N H N N i 3 N N N N N I N N N N I-3 N N N N N N N Ul (J t-1 x 11 0 0 0 0 O o o O r O o � O O O O O `,d o O O O O O O a O O O ' O m [1J [+J h] � .. .. n n n z C I 1 to If i ro 0 00% m of m 0\ of Ol m 0l OA Ol Ol ON m m of m of Ol M of O% m m w bJ H H r to Ul (n m UI m (n VI w tP w (R w N Ul w N to m (n m w U1 In n w r 'j t'3 a Y 'rA to w w w w to w w w w w w w w to w %D w to w to to w to C C x o H W n J -1 J J J +F J J J J J-4 J J J J J J J J -1 -1 +1 J N N O n w w w w w w w w m m W m m m m m m W m W W W W W a O 1 of 01 m L w N Y o tO w m OW m J al w t n to a w w W N H N H O ]'a d - z H fix] N O O o 0 a O o 0 0 0 0 0 O o 0 0 0 O O O O O O O O H W m W W W W m W W W W m W W W W W W W W W W W W m m m m U} QI \\ \ \ \ \ \ \ \\ \ \\ \ \ \ \\ \ \ \\ \ \ \ \ H w w w w w w tv W w W w w w w co w w w w w r w w w w r w w w w 1 ko F. 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N N N J 0 --1 N b H W N W o o W o [n O N O W O w y lD • RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON August 19, 2011 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of Rinds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and dernands in the amounts and from the funds set forth; GROSS PAYROLL Less Employee Deductions NET PAYROLL Payroll check numbers issued 99241 through 99323 Payroll voucher members issued V32867 through V33074 Void check /voucher number(s) Manual clrecklvoucher number(s) CERTIFIED; Director of Administrative Services $ 561,895,91 S(172,148.48) 389,747.43 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED; Kimberly Smith, City Cleric Gilbert Wong, Mayor, City of Cupertino 39 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, RAMONA BLVD., INC., A CALIFORNIA NONPROFIT CORPORATION, 22840 MERCEDES ROAD, APN 342 -22 -109 WHEREAS, Ramona Blvd., Inc., a California nonprofit corporation, has executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: MAUM Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino .N QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342 -22 -109 22840 Mercedes Road Cupertino, CA 95014 RAMONA BLVD. INC. a California nonprofit corporation, hereinafter referred to as the "GRANTOR ", this 1 rte day of ; 2011, hereby grants, bargains, assigns conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO. a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANI "OR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE, to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 41 IN WITNESS WFIFREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: , 4 bq (Acknowledgment and Notarial Seal Attached) EVA Exhibit "X' Legal Descriplaon All that certain real property situate in the County of Santa Clara, State of California, described as follows: (City of Cupertino) PARCEL ONE: Parcel "I". as shown and delineated on the Parcel Map filed January 23, 1980 In Book 458 of l Maps, Pages 4-6. € I 3 PARCEL TWO. Portions of Sections 292; 293, 294 and 295, as said Sections are shown.upon that certain Map entitled "Map of Inspiration Heights Morita Vista ", filed for. record April 11, 1917, In Volume P of Maps, Page 14, Santa Clara County Records, and.being• more - particularly described as follows: i Beginning at a sA Inch Iron pipe set in the Northerly line of said Section 292 at the Southerly common corner for Sections 409 and 410, as said last named Sections are shown on the=m Map of Inspiration Heights Morita Vista filed for record April 11, 1917, In Volume P of Maps; Page 15, Santa Clara County Records, said corner.also being the Southwesterly corner -of that certain 0.098 acre parcel of land conveyed.to Marlanlst Province -of the Pacific by Deed recorded January 25, 1966, In Book 7259 of Official Records, Page 79, Santa Clara County Records; thence from said point of beginning along said .Northerly.-line of Section. 292 South 83° 40' 00" East 145.18 feet to the true point of beginning of this description; thence from said true point of beginning continuing along said Northerly line and along the'Easterly prolongation thereof South 83 40' 00" East 59.12 feet to the centerline of Elena Road, as said Road is shown on.sald Map; thence along the general Northerly lines of Inspiration Heights Monta Vista, as shown on said first named Map filed In Volume P of Maps, Page 14, and along said centerline the four following courses and distances: South 78 19' 17" East 37.69 feet to a 3 /4 inch Iron pipe; South 29 12' 00" East 74.60 feet to a 3 /4 inch Iron pipe; South 80° 43'00" East 63.30 feet to a 3 /4 Inch iron pipe; and North 87 08'00" East 67.50 feet to a 3 A Inch Iron pipe at the most Westerly corner of that certain 0.049 acre parcel of land conveyed to Marlanlst Province of the Pacific by Deed recorded January 25, 1966 in Book 7 of Official Records, Page 78, Santa Clara County Records; thence leaving said centerline along the Southerly line of said 0.049 acre parcel North 80 34' 29" East 67.86 feet to a 3 /4'Inch iron pipe at a corner of said 0.049 acre In the Southeasterly line of said Elena Road Coo feet wide); thence along said Southeasterly line and along the Northeasterly prolongation thereof North 630 26' 00" East 171.86 feet to a 3 /4 inch iron pipe at the Intersection of said last named line with. the Southeasterly prolongation of the Northeasterly line of Section 404, as said last named Section Is shown on said Map of Inspiration Heights Manta Vista filed for record In Volume P of Maps, Page 15, said intersection being the most Easteriy corner of that certain 0.046 acre parcel of (arid conveyed to Marlanlst Province of the Pacific by Deed recorded April 25, 1967, .in Book 7703 of Official Records, Page 55, Santa Clara County Records; thence along said 43 f SoOtheasterly'prolonged line South 31° 24'• 00 East 13.30 feet to a -Y4 Inch iron pipe;. thence' leaving said last named- line the eight,following courses and distances; . South 21 14'20' West 16.013 fe to a 3 /4 inch Iron pipe; South 52° 23' 5 .2" West 30.08 feet to a 3 /4 inch iron. pipe; South 62 45' 19' West 66.$1 feet to a 3 4 inch Iron pipe; South .74 25' 15" West 116.06 -feet to a 3 /4 Inch Iron pipe; South 89 27" West 177.21 feet to a 3 /4 inch iron pipe; North 21° 08' 19" West 69.07 feet.to a 3 /4 inch iron pipe; North 82 °.17' 46" West 66.31 .feet to a 3 /4 inch Iron pipe; and North 32 09'28 West 39.67 feet to the true point of beginning of this description. PARCEL THREE: _ A portion of Section 408 and a portion of Section 409 and a portion. of Elena Road, Bald •. •Sections and Road are shown upon that certain Map entitled "Map:�f Inspiration.Meights.= Monta Vista" filed for record April il; 1917 In Volume P of Maps, - Pa i ge 15, Santa Clara County-Records;`a68 • being snore particularly doscribed as follows:. eeginning'at a 3 /4 Inch Iron pipe set at the Southwesterly corner of saEd.Sect1on corner also. being. the Southwesterly corner of certain 0.098 acre parcel of.land " described .inthe Deedto-LuGfeh D.. Herten, et ux, record ed,)anuary 1966,in 7259' of Official Records; .Pa'e Clara County. Records; thence :from said point of = beginn €ng along the 5outhe�ly, fines of said Sections 409 a,nd..408.,South 83 1 .40' p0','.E asl 145 �S:feet.to the.tri a point of beginning:of.this descript[on;,:thence from sald.true: point of tteyinnigg Sokh Uerl.Ifne Narttl 32' 09' 28" West.3.A9: feetta_a 3 /4lrich;lron' pipe set in, the Northerly line of thar`certam 0.046 acre. parcel of lard described in the Deed to Lucien D:' Herten, et -tix, recorded.Aprii 25; 1967 in Booir7703 of-Official Records, Page- 53, Santa Clara County'Records; thence along said NortheHy Iine South 83° 40' 00 " .East 98.60 feet to a 3 /a-Inch iron pipe - at the Northeasterly corner of said' -0.046 acre parcel in the Southeasterly line of said Section 408; thence along said Southeasterly line'and along the . Southwesterly prolongation thereof South 149 45' 31" West 29.75 -feet to a 3 /4 inch -iron pipe at the Southeasterly•cflrner of sald 0.098 acre parcel in the centerline of.Elena €2oadi said centerline Is shown on that certain Map entitled "Map of inspiration Heights Manta Vista. filed for record April 11, 1917 In Volume P of Maps; Page 14, Santa Clara County Records;. thence along said centerline being a general Northerly line of Inspiration Heights Monta- Vista. flied in Volume P of - Maps; Page 14, North 78 17" West'12.71 feet to.the terminus of said centerline; thence along a Northerly line of last mentioned Inspiration Heights Morita Vista and along said Southerly line of Section 408 North 83 40' 00" West- 59:12 feet to the true point of beginning of this description. Assessor's Parcel Number ; 342- 22 - 10V Sdbject.to incumbrances of record done, made or suffered by the Grantor or any person claf nIng under it {California Civil Code 1! 13 }. .E CA A PURPOSE CERTIFICATE OF ACKNOWLEDGMENT N e.w Y o ric State of County of O �oQx Un IS , ;L-O kI before use, _ xe' (Herr insert n,+me and title of dtc officer) perstmally appealed who proved to me oil the basis of satisl., toi evidence to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me thaat he /she /lhev executed the snore in hi0ier /their authorized capacity(ics), and that by his /her /their si on the instrument the person(sj, or the entity upon behalFof which the persons) acted, exec €Ited the instnlnlent. I certify tinder PENAL - 1 "Y 0 F PERJURY under the lmvs of the Stzatt� of� that the foregoing paragraph is true anGmvhl AXEL DI�AZ NOTARY PUBLIC - BRONX COUNTY WITNES and Official seal. REGISTRATION NO.02DI6032583 MY COMMISSION EXPIRES 1.1/1 120 I3 ( Seal ) Signaturc of Nolr+ry Public ADDITIONAL OPTIONAL IN17OR-NIATION DESC €UPTION OF TI -IL ATTACHED DOCUMENT (Tide or description oF attaehrd dnewne€tl) _._ _._. ........._....__........... - -- -- (Tide or aescriptinn ofaSmched documcnl conlinne€i) Nut':bei of Pages Document Date___ - _ -- .......... ........ _ (Addilional informalionj CAPACITY CLAIMED BY TH SIONFR ❑ Individual (S) ❑ Cotporale Officer ([ ISIC) ❑ Pariner(s) ❑ Atiorney -in -Fact ❑ 'rn[Stee(S) ❑ Other _ INST[ZUCTIONS FOR COMPLETING THIS FORM .any' c+c sp5+`tedgarerrt rompl;:eti in Ccr ?(jizrniu nnn, t ct>r;rain rcrhivgc e.1ocfi: Us trpyuae± crbore rn tF +c ruNU1) .rec(iclr ur c: a'epuf'ute z €ckuc /onu nwv he proi3crlt rnnt;3G,r�r1 and attacl;cd to Mai documww° Tare mtly e _ ia• ij u rdoc'urtrew is eo be !'ecor•ded ourside u; Cal frr In ANA hl.Sk LC'N, arts' aher710Ms ' rrckuou'ledgrorevr ,erhiu�e cs uury be priwed On such a doctanet;l so long as the ver v i'lgc does nut rcrtuily the norat.r 1n do son€rdru,g Char i, iilegai for a r;orml ill (_nii�rst nin {i e_ vvrfif%ring ;Ise nurhori:.ed cttyvcity + of rlre cif+ €tc r). Pfease chaCk tfte ill, -vinew C(II d ?I _jrir prope nutctr !eii , e1p lhtg nnri cimmh r,tris form , I r'ea, uircd . Stalc and County iufonnation must be the State and County where the document signcr(s) persorrally appeared before the noltry i7nblic for acknowledgrnenl. Date of nolari7.atiun naval be die date th;rl the sigitc€!s) }5erso€tall appaarcd which must a4sa be 1iw same date the ackteostilcd_sncnt is ckunpictcd. • The notan put7lic must print his ar her name a^ it appears wlthiu his or her cuonrr:isSion lollocved by a ekmnn €t and then your title (notary public). • Print the namc(s) of documcnl .signerls) 5vho pert,5nally appom at the lime of notaltLallnn. Indicate Ilrc correct singular or naval forms b E:rossing off incorrect fonns Ox, 1w. sheftle�— is fw ) or V. s'V isag tine coned forms. rastuse to ca5 wty indicate this inforimalion may Iczd to rejection of de,c.umcnt recd ding. • The notary scnl impression must be clear and photographiczlly rcnraducibtc [mpresainu tnu l,nnt cover teat ur lines. tF seal i€npressiolt smudges, re -seal if a 'Mrcicnt area permits. olhcncisccomplcte a difPcre€ti a cknorvledgrncnl fmrn_ o Signature of nc,- notary public nwst thatch tic sicnantrc on talc pith the office of 4150 i;[ +lint }' LitTa�. Additional infornialion is not required but could hctlr to cnspre this acknm%1cdgrncnt is not n5isuscd or attochcd 10 a diftcrcni domincr€t. Indicalc title or tyke of auached documem, ntnnbcr of pages and date ludicsar the ca aci�y clairncd by [hi signer If tic caaimed capacity is a corporate officer, ii:dicate the title (i.e. CE0, CFO, Secrelary). s Sccttr�ly atua6 this docin ¢ to the sigucd docrmwt t 2008 Version CAPA % 800- 573 -9565 5 +5 w.lvotaryC',lasscs.cott 45 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, RAJESH GEORGE AND GANGARATHNA PURLUPADY, 10471 WESTACRES DRIVE, APN 359 -14 -032 WHEREAS, Rajesh George and Gangarathna Purlupady, have executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: MAUM Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 47 S � QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 359 -14 -032 10471 Westacres Drive Cupertino, CA 95014 Ramesh George and Ganjjarathna Purlupady, husband and wife as joint tenants hereinafter referred to as the "GRANTOR ", this a C>_ day of fiu..Rc,tS -t , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. .• IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: A Al d 1( Rajcsh Geo,ge Gangarathna Purlupady (Acknowledgment and Notarial Seal Attached) }*, QiYRldl.�Wflia w.r.. k: .i.+_aW�.. - .- ....� �..t �+� '- . .Y. • 4'r�_'`+' LSD County of 15; G L : RAJ A. PATEL On 2 0 Z4:) t�efore rr+e. aFR" Confrn laalon # 1797682 I} '^ ^' +� two me ow r�arnea) a s+a�t :i Notary Public . California. � �� N T]<ORGCE Cx- b p n"ryfNa Ph i U PADy Santa Clara County - who proved to me on the basis of satisfactory evidence to be the persons? Comm. tsea 9 2012 whose name(s) iplare subscribed to ttse within instrument and adcnowiedged to me that trelsfrtslthey executed the Same in .✓ fRheir aullmrized r-� cap cily(ies), and that by •hil4majawk sipnature(s) on ltle i tsburl eftt tfte inat+trmentor the entity upon b" of vNddt ttte M8010) acted, uembed the I certify under PENALTY OF PERJURY under ft lam at fire SIM of Cahk mia that the foregoing pwaWaph s trim frta o" VATNEP my hand and oft} treat. l we EXHIBIT A The land refe7ed to is situated in the County of Santa Clara, citybf Cupertino, State of California, and is described as follows: Lot 22, a shown on that certain Map entitled, "Tract Flo. 2436, Westacres ", which Map was riled for record in the Office of the Recorder of the County of Santa Clara, State of California on May 14, 1959 in Book 106, of Maps Page 27. APN: 359 -14 -032 Page 1 of 1 50 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, LYNN YOUNGS AND MIKIKO YOUNGS, 10965 MIRAMONTE ROAD, APN 356 -01 -032 WHEREAS, Lynn Youngs and Mikiko Youngs, have executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: MAUM Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 52 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS A P N 356 -01 -032 10965 Miramonte Road Cupertino, CA 95014 Lynn Youngs and Mikiko Youngs, Husband and Wife as community property with right of survivorship hereinafter referred to as the "GRANTOR", this —W—A Nay of v JSrt 2014. hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO. a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates. claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 53 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: 6 - ynAoung Mikiko Youngs (Acknowledgment and Notarial Seal Attached) 54 Exhibit A Lot 44, as shown on that certain Map entitled Map of 9th Addition Monte Vista, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on April 11, 1917, in Book P of Maps, page(s) 16. Excepting therefrom the Northwesterly 10.00 feet thereof. APN: 356 -01 -032 ARB: 356 -0] -013 55 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of S9A,1 M e,'14_ On jV,4 VC-7 /Dylo/l before me, (Here insert name and title of the personally appeared itVA1,V /9 • V0QA1 j l�� /[I e_ a /aVW Q , who proved to me on the basis of satisfactory evidence to he the person(s) whose narne(s),K /are subscribed to the within instrument and acknowledged to Ine that VIi 4c /they executed the same in V /hpf/their authorized capacity(ies), and that by fy§ /1 & /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS nay hand and official seal Signature of Notary Public 4 ; . KIRTI I. PATE COW #1833519 -� ° NO ARY PUBLIC • CALIFORNIA E SANTA. CLARi; COUNTY }' Ca ;,m, Eapites Jan. 27, 2��i 3 {Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT quI T_ (Title or description of attached docu nt) (Title or description of attached document continued) Number of Pages _7W Document Bate_ /O - (Additional information) CAPAC13'Y CLAIMED BY THE SIGNED Tr7/Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Olher INSTRUCTIONS FOR COMPLETING THIS FORM Anv acknat,ledbKnrart corrrpleied in California must contain verbiage exactly as appears above in the notate section or a separate acknowledgment fornt must be properly campfeted and ortached to that document. The onb- exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed an such a document so long as The verbiage does not require the notmy to do ,something that is illegal fur a notary in Califrrnria (i.e. certify the authorized capacity of the signer). Please check the document carefully for proper vrota+•tak mirding and attach ;his form if required. • State and County information must be the State and County where the document signcr(S) personally appeared before the notary public for acknowledgment. • date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a cantina and then your Mille (notary public), • Print the namc(s) of document sigocr(s) who personally appear at the tine of notarirat ion. • Indicate the correct singular or plural forms by crossing off incorrect funns (i.e, ha.LbciF wt - is fare ) or circling the cotrecl farms. Failure to correctly indicate this information may lead to rejection of doctment recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover Icxt or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a diflcrcot acknowlcdgmcni form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type ofaitachcd document, number ofpagcs and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800- 873 -9865 ,sww NwarvClasses.corn 56 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, 10590 TANTAU INVESTMENTS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, 10590 NORTH TANTAU AVENUE, APN 316 -18 -035 WHEREAS, 10590 Tantau Investments, LLC, a Delaware limited liability company, has executed a "Quitclaim Deed and Authorization ", which is in good and sufficient forin, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: ax eAyffl Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino RN QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 316 -18 -035 10590 North Tantau Avenue Cupertino, CA 95014 10590 Tantau Investments, LLC, a Delaware limited li ' itv company, hereinafter referred to as the "GRANTOR', this day o 2011. hereby grants bargains, assigns, conveys, remises releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns all the rights_ titles interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situated in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACI-IED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin. and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns on behalf` of the GRANTOR and its successors in ownership of overlying lands in the said lot to take From said underground basin within the said lot anv and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRAN "I'EE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 59 N WITNESS WHEREOF. GRANTOR has executed this instrument the day and year first above written. GRANTOR: 10590 TANTAU INVES 1-MENTS. LLC. a i vare Li ite Liability Company C. Antholli Ship i. Its Manager (Acknowledgment and Notarial Seal Attached) •1 Exhibit A to Grant Deed REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE PROLONGATION OF THE EASTERLY LINE OF THAT CERTAIN 19.27 ACRE TRACT CONVEYED BY JAMES E. GLENDENNING, ET AL, TO JOSEPH G. GLENDENNING, BY DEED DATED NOVEMBER 25, 1914, AND RECORDED NOVEMBER 25, 1914 IN BOOK 423 OF DEEDS, AT PAGE 424, SANTA CLARA COUNTY RECORDS, WITH THE SOUTHERLY LINE OF LOT 5 AS SAID LOT 5 IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF PARTITION OF THE GLENDENNING ESTATES IN THE QUITO - RANCHO ", 'WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY ON OCTOBER 24, 1884 IN BOOK "B" OF MAPS AT PAGE 15; THENCE EASTERLY ALONG THE SAID SOUTHERLY LINE OF LOT 5, N. 89° 24'39" E. 513.56 FEET; THENCE S. 0° 26' 11" W. 954.95 FEET; THENCE.N. 67° 29'18" E. 40.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING ALONG THE WESTERLY LINE OF SAID 10.00 FOOT WIDE STRIP OF LAND, N. 0° 26' 11" E. 660.07 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 88" 58' 31 " AN ARC LENGTH OF 77.65 FEET; THENCE NORTH 89° 24'42" EAST 250.94 FEET TO A POINT ON THE EASTERLY LINE OF THE TRACT OF LAND CONVEYED TO JOE MARCHESE, ET UX, BY DEED RECORDED OCTOBER 5, 1944 IN BOOK 1227 OF OFFICIAL RECORDS, PAGE 30; THENCE ALONG SAID EASTERLY LINE, S. 0" 48' W., 580 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 4, AS SAID LOT 4 IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE PARTITION OF THE GLENDENNING ESTATES IN THE QUI"T"O RANCHO ", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY ON OCTOBER 24, 1884 IN BOOK "B" OF MAPS, AT PAGE 15; THENCE ALONG THE SOUTH - EASTERLY LINE OF SAID LOT 4, S.'67° 29'18" W., 320 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. APN: 316 -18 -035 61 DELAWARE ALL - PURPOSE ACKNOWLEDGMENT CERTIFICATE State of Delaware County of New Castle On August 4` 2011 before me, Jean Marie Wagner, notary public, personally appeared C. Anthony Shippami, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under Penalty of Perjury under the laws of the state of Delaware that the foregoing paragraph is true and correct. WITNESS my hand and official s ESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER 01 (Title of document) Number of Pages ! / (Document Date) /y / � (Additional Information) CAPACITY CLAIMED BY THE SIGNER C. Anthony Shippam Manager 10590 Tantau Investments, LLC W Si at e o otary ubhc (NotaryfS ``,` . Printed name of Notary Public E „ H My Commission Expiration D k" MARIE WAGNER ` ✓ '� �. - Notary Public - State of Delawarif ik�i Clea<Ihn1►, A110[= peat PAS prol I ESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER 01 (Title of document) Number of Pages ! / (Document Date) /y / � (Additional Information) CAPACITY CLAIMED BY THE SIGNER C. Anthony Shippam Manager 10590 Tantau Investments, LLC W RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, CHIH -HUI TUNG, 10215 ALHAMBRA AVENUE, APN 326 -23 -042 & 326 -23 -043 WHEREAS, Chih -Hui Tung, has executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: MAUM Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino ., QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -23 -042 7 326 -23 -043 10215 Alhambra Avenue Cupertino, CA 45014 Chih -Hui Tung, an Unmarried Woman hereinafter referred to as the `'GRANTOR ", this day of S 11 , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to tape from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, convcyancc and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 65 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Chih -Hui Tung (Acknowledgment and Notarial Seal Attached) .: Esibib THE LAND RBFERRED TO HEREIN:IS IN THE STATE OF CALIFORNIA, COUNTY OF BANTA CLARAj CITY' OF CUPERT.INO, AND IS DESCRIBED AS FOLLOWS: PARCEL :ONE: ALL OF LOTS' ,26,tAND 27;. BL OC K . 7 AS SHOWN UPON THAT : CERTAIN MAP ENTITLED, "MAP OF MONTA VISTA FIRST ADDITION "„ WIJICH MAP WAS TILED FOR. RECORD IN THE OFFICE OF THE RECORDER. OF THE COUNTY OF SANTA CLARA,. .STATE OF CALIFORNIA, OX APRIL .11, :1917 IN :BOOK P OF MAPS., PAGE 23. .PARCEL .TWO: PORTTbN OF LOTS . 5 �6 }IN BLOCK 7 AS 'SHOWN UPON THAT CERTAIN MAP -.. ENTITLED :MMAP O 'MONT VISTA :FIRST' .ADDITION" , WHICH MAP WAS FILED FOR vECORD THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, :STATE OF CALIFORNIA., ON .APRIL 11:, 1917 IN BOOK P OF' MAPS, :PAGE 23; AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: B EGINNING AT` THE: COMMON�CORNER'FOR LOTS'4 AND 32 IN THE NORTHERLY '.LINE OF LOT 5., BLOCK 7 AS SHOWN UPON THE MAP ABOVE REFERRED TO; .AND. RUNNING THENCE EASTERLY ALONG THE DIVIDING DINE BETWEEN SAID .LOTS' 5 AND 32, 11.30 FEET'T THE: COMMON CORNER FOR. LOTS :5 AND 2.7 OF SAID BLOCK - 7 -AND RUNN THENCE .SOUTHERLY .ALONG. THE DIVIDING LINE BETWEEN `LOTS 5 AND 6 .AND LOTS 26, AND :27.,. SAID BLOCK 7; 50.75 FEET' TO THE COMMON CORNER FOR' 6, 7, :2.5 AND 26 OF SAID BLACK 7 AND RUNNING THENCE WESTERLY ALONG THE DIVIDING LINE BETWE SAID -LOTS 6 AND 7, 20.00. FEET:AND RUNNING THENCE NORTHERLY. 50..00 FEET :TO THE - PLACE OF BEGINNING. PARCEL THREE: LOTS 28?AND 29 BLOCK NO... 7, AS SHAWN ON THAT CERTAIN MAP ENTITLED, . ilMONTA: Y 'VISTA�'FIRST ADDITIONn, WHICH MAP AS TILED-TOR RECORD IN THE OFFICE OF THE RECORDER :OF THE COUNTY OF SANTA CLARA; STATE OF CALIFORNIA, ON' APRIL '11, :1917, IN VOL.. "Pr' OF NAPS, ON PAGE 21. PARCEL FOUR:. LOT'3� m IN BLOCK 7, AS 'SHOWN -UPON: THAT CERTAIN MAP. 'ENTITLED "MAP OF MONTA VISTA FIRST ADDITION:; WHICH. MAP WAS FILED. FOR RECORD IN THE OF:FICE.OF THE RECORDER OF - THE .COUNTY OF SANTA :CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1912 . IN BOOK 'P OF 'MAPS :PAGE 23. EXCEPTING THEREFROM THE FOLLOWING. MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT A:PO ON THE-SOUTHE OF UNIVERSITY WAY AT THE COMMON CORNER OF LOTS 1 AND 3.2., BLOCK 7, AS SHOWN ON THE MAP ABOVE REFERRED T0; THENCE RUNNING' SOUTHERLY AND PARALLEL WITH A.LHAMBRA AVENUE 75.00 FEET TO:A POINT IN THE DIVIDING LINE BETWEEN LOTS 3 AND 4, SAID BLOCK 7, AND RUNNING THENCE EASTERLY ALONG THE DIVIDING: LINE BETWEEN SAID LOTS 3 AND 4, 27.55 FEET TO THE COMMON CORNER. FOR. SAID LOTS 3 AND 4 IN THE MESTERLY LINE LOT 32; THENCE SOUTHEASTERLY 67 ALONG THE WESTERLY LINE OF 'SAID LOT 3.2, 38..0.0 FEET TO A POINT; THENCE NORTHEASTERLY AT RIGHT ANGLES TO .SAID WESTERLY LINE OF SAID LOT 32, 24.00 FEET TO A POINT.; THENCE 'NORTHEASTERLY IN A DIRECT LINE 8.00 FEET To A POZNT'IN THE EASTERLY LINE :OF SAID LOT 32,, LAST SAID POINT BEING DSSTANT.SOUTHERLY ALONG SAID EASTERLY LINE 1.01? SAID LOT. 32, .26.00. FEET FROM THE NORTHWESTERLY C012NER 6p LOT -24, IN BLOCK_ 7;. AS SHOWN.ON THE MAP ABOVE REFERRED TO, THENCE. ,N .ORTHERLY:ALONG THE EASTERLY LINE OF SAID LOT 32;76.00 FEET TO THE :SOUTHERLY LINE OF UNIVERSITY WAY AT 'THE COMMON .CORNER. :FOR .LOTS 32 AND.3'I IN BLOCK 7, AS SA&N ON THE' MAP' ABOVE• REFERRED TO; 'THENCE WES'T'ERLY ALONG THE NpRTHERY LINE OF SAID LOT: 3Z, 59..21 FEET TO THE. POINT OF BEGINNING. ASSESSOR'S PARCEL .NUMBER; 326 -23 -043 •: CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On Off 11.2 / / before me, R. C. Simla, Notary Public Date Name and Title of Officer personally appeared C k t k kC I C CJ` , Name of Signer(s) ftd ft. C. Sim Commission # 1770167 Notary Public —California San Mateo County Cornet Oct21 2011 who proved to me on the basis of satisfactory evidence to be the person whose name �s subscribed to the within instrument and acknowledged to me that he,they executed the same in his their authorized capacity and that by his t ''their signature(4 on the instrument the person or the entity upon behalf of which the personWacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature ary Public My Commission Expires: Oct 21, 2011 OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Document Date: Number of Pages: SFBayNotary.coaam we RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, TANTAU PROPERTIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, 10670, 10700 AND 10710 NORTH TANTAU AVENUE, APN 316 -09 -019, 316 -09 -027 & 316 -09 -028 WHEREAS, Tantau Properties, LLC, a Delaware limited liability company, has executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 71 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 316 -09 -019, 316 -09 -027 & 316 -09 -028 10670, 10700 and 10710 North Tantau Avenue Cupertino, CA 95014 Tantau.. Properties LLC, _ Delaware limited_ liability company hereinafter referred to as the "GRANTOR'`. this day of 1 2011, hereby grants, bargains, assigns. convevs. remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the COUntV of Santa Clara. State of California. and specifically described as follows: SEE A'I`TACl -IED EXI -I1BIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Vallee for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility: provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of' the lot delineatcd upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to anv building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described le�(,al description and shall bind the owner of said lot within said legal description. 72 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. GRANTOR: Tantau Properties LLC, a Delaware limited liability company - bLq�- .*-- — Joan L. Yori, Ma a- r (Ac know led 4ment and Notarial Sea] Attached) 73 * .f,t1:' LEGAL DESCRIPTION Real property in the City of Cupertino, County of Santa Clara, State of Cali €omia, described as follows: PARCEL ONE: A PORTION OF LOTS 4 AND 7, AS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF THE PARTITION OF THE GLENDENNING ESTATE IN THE QUITO RANCHO ", WHICH WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER 24, 1884 IN BOOK B OF MAPS, PAGE 15, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF PRUNERIDGE AVENUE, AS ESTABLISHED BY FINAL JUDGMENT OF CONDEMNATION IN FAVOR OF THE CITY OF CUPERTINO, A CERTIFIED COPY OF WHICH WAS RECORDED JULY 20, 1967, BOOK 7757 OFFICIAL RECORDS, PAGE 626, WITH THE EASTERLY LINE OF SAID LOT 4; THENCE FROM SAID POINT OF BEGINNING NORTH 0° 26' 11" EAST ALONG THE EASTERLY LINE OF SAID LOT 4, 138.54 FEET TO THE NORTHEAST CORNER OF SAID LOT 4 AND THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 0° 12'36" EAST ALONG THE EASTERLY LINT= OF SAID LOT 7, 118.89 FEET; THENCE SOUTH 89 24' 42" WEST 288.33 FEET TO THE EASTERLY LINE OF TANTAU AVENUE; THENCE SOUTHERLY ALONG SAID LINE OF TANTAU {AVENUE ON THE ARC OF A CURVE TO THE LEFT, FROM A TANGENT WHICH BEARS SOUTH 11° 07' 17" WEST WITH A RADIUS OF 562.50 FEET, THROUGH A CENTRAL ANGLE OF 10° 41'06" FOR AN ARC DISTANCE OF 104.90 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH O° 26' 11" WEST 102.42 FEET AND ON A TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 50 FEET, THROUGH A CENTRAL ANGLE OF 91 01'29" FOR AN ARC DISTANCE OF 79.43 FEET TO SAID NORTHERLY LINE OF PRUNERIDGE AVENUE; THENCE NORTH 89 24'42" EAST ALONG SAID LINE, 247.65 FEET TO THE POINT OF BEGINNING. PARCEL TWO: A PORTION OF LOT 7, AS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF THE PARTITION OF THE GLENDENNING ESTATE IN THE QUITO RANCHO ", WHICH WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER 24, 1884 IN BOOK B OF MAPS, PAGE 15, DESCRIBED'AS FOLLOWS: BEGINNING ON THE EASTERLY LINE OF SAID LOT 7, DISTANT THEREON NORTH 0° 12' 36" EAST 118.89 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 7; THENCE SOUTH 89" 24'42" WEST 288.33 FEET TO THE EASTERLY LINE OF TANTAU AVENUE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF TANTAU AVENUE, ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 562.45 FEET, FROM A TANGENT BEARING NORTH 11° 07' 17" EAST THROUGH AN ANGLE OF 14 5608" AN ARC DISTANCE OF 146.63 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 637.5 FEET, THROUGH AN ANGLE OF 19° 56' 11 ", AN ARC DISTANCE OF 221.82 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF TRACT 1867, WESTWOOD OAKS UNIT NO. 5, THE MAP OF WHICH WAS RECORDED MAY 22, 1958 IN BOOK 93 OF MAPS, PAGES 49, 50 AND 51; THENCE ALONG SAID PROLONGATION NORTH 89 24' 05" EAST 181.83 FEET TO THE EASTERLY LINE OF SAID LOT 7; 74 THENCE SOUTH 0 12'36" WEST ALONG THE EASTERLY LINE OF SAID LOT 7, 349.59 FEET TO THE POINT OF BEGINNING. PARCEL THREE: A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR PEDESTRIAN AND VEHICLES OVER, ALONG AND ACROSS EASEMENT PARCELS NO. 1, 2, 3; 5, 6, 7 AND 8, AS DESCRIBED AND SHOWN IN THE RECIPROCAL DRIVEWAY EASEMENT AND MAINTENANCE AGREEMENT RECORDED JUNE 02, 1972 IN BOOK 9862, PAGE 473, OFFICIAL RECORDS. APN; 316 -09- 019,316 -09 -027 and 316 - 09-028 DELAWARE ALL - PURPOSE ACKNOWLEDGMENT CERTIFICATE State of Delaware County of New Castle On August 4` 2011 before me, Jean Marie Wagner, notary public, personally appeared Joan L. Yori, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under Penalty of Perjury under the laws of the state of Delaware that the foregoing paragraph is true and correct. WITNESS my hand and official seal na re of Notary Public (Notary Seal� ;t�• ';' , ,�, , CL Printed name of Notary Public r; �� My Commission Expiration D&AN MARIE WAGNER Nobly Public - State of Delaw DESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER (Additional Information) CAPACITY CLAIMED BY THE SIGNER Joan L. Yori Manager Tantau Investments, LLC NER Number of Pages . (Document Date) AfZ� /) PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CUPERTINO CITY COUNCIL STAFF REPORT Meeting: September 6, 2011 Sub' ect Quitclaim of property on Cleo Avenue (APN 362 -31 -004) to Habitat for Humanity Silicon Valley (Habitat) for affordable housing development. Recommended Action Adopt Resolution No. l l - Description Staff recommends that Council authorize the City Manager to execute a quitclaim deed for APN 362 -31 -004 on Cleo Avenue, per the Disposition and Development Agreement between the City of Cupertino and Habitat for Humanity Silicon Valley for Cleo Avenue Property, approved by Council June 1, 2010. lekcii , , ci on The transfer of the Cleo Avenue property to Habitat is an element of the housing development plan set forth in the Disposition and Development Agreement between the City of Cupertino and Habitat for Humanity Silicon Valley for Cleo Avenue Property, approved by Council June 1, 2010. The transfer is a contractual provision that fulfills an integral part of the City's mandate to provide affordable housing. Fiscal Impact None. The City purchased this property in 2005 for the specific purpose of developing affordable housing. On June 1, 2010, the City Council approved the DDA with Habitat and directed staff to prepare a quitclaim deed of trust to transfer the property ownership from the City to Habitat. Prepared by : Glenn Goepfert, Assistant Director of Public Works Reviewed by : Timm Borden, Director of Public Works Approved for Submission by. David W. Knapp, City Manager Attachments: none RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A QUITCLAIM DEED FOR PROPERTY ON CLEO AVENUE (APN 362 -31 -004) TO HABITAT FOR HUMANITY SILICON VALLEY, PURSUANT TO DISPOSITIONAND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND HABITAT FOR HUMANITY SILICON VALLEY FOR CLEO AVENUE PROPERTY, APPROVED BY COUNCIL JUNE 1, 2010 WHEREAS, on June 1, 2010, the City Council of the City of Cupertino approved the Disposition and Development Agreement between the City of Cupertino and Habitat for Humanity Silicon Valley for Cleo Avenue Property (Agreement); and WHEREAS, said Agreement calls for the transfer of property on Cleo Avenue (APN 362- 31 -004), as described in the quitclaim deed attached hereto and made a part hereof and in Exhibit "A ", from the City to Habitat for Humanity Silicon Valley for the development of housing; and WHEREAS, it has been determined that a quitclaim deed is an appropriate and sufficient means to effect said transfer. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino, that the Mayor of the City of Cupertino is authorized to execute the attached quitclaim deed for the property on Cleo Avenue (APN 362 -31 -004), as described therein. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6 th day of September, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 79 Recording requested by: And when recorded, mail this deed and tax statements to: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 For recorder's use QUITCLAIM DEED DOCUMENTARY TRANSFER TAX $ EXEMPTION (R &T CODE) EXPLANATION APN: 362 -31 -004 Signature of Declarant or Agent determining tax For a valuable consideration, receipt of which is hereby acknowledged, City of Cupertino, a California Municipal Corporation hereby quitclaim(s) to Habitat for Humanity Silicon Valley, Inc., a California nonprofit public benefit corporation the following real property in the City of Cupertino, County of Santa Clara, California: described in attached Exhibit " A " Date: Date: State of California County of (Signature of declarant) (Signature of declarant) On , 20 , before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary 0 Exhibit "A" A portion of Cleo Avenue (46.48 feet wide) as described in, PARCEL 1 in the Relinquishment No. 40230 to the City of San Jose recorded January 28, 1970 in Book 8813, Page 14, Official Records of Santa Clara County and portions of those parcels of land described in the deeds to the State of California recorded as follows: State Deed No. Recording Date Volume Page 20832 5/28/1959 4432 25 20833 10/14/1958 4199 471 20834 08/13/1959 4500 526 all of Official Records of Santa Clara County, more particularly described as follows: COMMENCING at the Southeasterly terminus of that certain course described as "S. 35 °23'09" E., 148.00 feet" in that Director's Deed DD- 020838 -01 -01 recorded February 13, 1998 under Recorder's Serial No. 14052911, Official Records of Santa Clara County; thence along the Southeasterly prolongation of said course, South 35 °23'09" East, 186.58 feet; thence South 72 °21 '32" East, 43.63 feet; thence South 37°21' 17" East, 17.39 feet to the Southerly line of said parcel (State Deed No. 20832); thence along last said line and the Southerly lines of said parcels (State Deed No. 20833 and 20834), North 89 °08'42" West, 167.63 feet to the Westerly line of said parcel (State Deed No. 20834); thence along last said line and its Northerly prolongation, North 00 °51' 10" East, 145.05 feet; thence North 47 °16'03" West, 16.28 feet to the curve with a radius of 30.13 feet described in SEGMENT I in the Relinquishment No. 56062 to the City of Cupertino recorded December 23,2004 under Recorder's Serial No. 18159783,Official Records of Santa Clara County; thence along said curve, from a tangent that bears North 29 °44'22" East, along a curve to the left with a radius of 30.13 feet, through a central angle of 40 °54' 55 ", an arc length of 21.52 feet to the general Southerly line of that parcel of land described in said Director's Deed; thence along last said line, South 89 °08'42" East, 13.84 feet to the Point of Commencement. EXCEPTING THEREFROM that portion of the above - described parcel of land lying within the bounds of said Cleo Avenue (46.48 feet wide). CONTAINING 11,938 square feet, more or less. ALSO, the State of California, acting by and through its Director of Transportation, does hereby remise, release and quitclaim unto the hereinabove named grantee, all right, title and interest in and to said exception to above described real property, lying within the bounds of said Cleo Avenue (46.48 feet wide). CONTAINING 1,275 square feet, more or less. There shall be no abutter's rights of access appurtenant to the above- described real property in and to the adjacent State freeway. RESERVING unto the State of California, its successors or assigns, an EASEMENT for storm drain purposes with the right to construct, place, inspect, maintain, replace and remove facilities consisting of storm drain lines, fixtures and appurtenances, together with the right of ingress thereto or egress therefrom, upon, over, under, and across all that real property described as follows: COMMENCING at the Southeasterly terminus of that certain course described as "S. 35 °23'09" E., 148.00 feet" in that Director's Deed DD- 020838 -01 -01 recorded February 13, 1998 under Recorder's Serial No. 14052911, Official Records of Santa Clara County; thence along the Southeasterly prolongation of said course, South 35 °23'09" East, 186.58 feet; thence South 72 °21 '32" East, 43.63 feet; thence South 3721' 17" East, 17.39 feet to the Southerly line of said parcel (State Deed No. 20832); thence along last said line, North 89'08'42" West, 19.09 feet to a line parallel with and distant 15.00 feet Southwesterly, measured at right angles from the course described above with the length of 17.39 feet; thence along last said parallel line, North 3721' 17" West, 0.85 feet to a line parallel with and distant 15.00 feet Southerly, measured at right angles from the course described above with the length of 43.63 feet; thence along last said parallel line, North 72 0 21 '32" West, 43.91 feet to a line parallel with and distantl5.00 feet Southwesterly, measured at right angles from the course described above with the length of 186.58 feet; thence along last said parallel line, North 35 °23'09" West, 193.46 feet to the curve with a radius of 30.13 feet described in SEGMENT 1 in the Relinquishment No. 5606215.00 feet Southwesterly, measured at right angles from the course described above with the length of 186.58 feet; thence along last said parallel line, North 35 0 23'09" West, 193.46 feet to the curve with a radius of 30.13 feet described in SEGMENT 1 in the Relinquishment No. 56062 to the City of Cupertino recorded December 23, 2004 under Recorder's Serial No. 18159783, Official Records of Santa Clara County; thence along last said curve, from a tangent that bears North 02 0 55' 11" East, along a curve to the left with a radius of 30.13 feet, through a central angle of 14 0 05'44 ", an arc length of 7.41 feet to the general Southerly line of that parcel of land described in said Director's Deed; thence along last said line, South 89 0 08'42" East, 13.84 feet to the Point of Commencement. CONTAINING 3,693 square feet, more or less. The bearings and distances used in the above descriptions are on the California Coordinate System of 1927, Zone 3. Multiply the above distances by 1.0000537 to obtain ground level distances. :. V State of California L . Department of Transportation District 4 P.O. Box 23340, MS 11 A Oakland, CA 94623 -0440 Attn: Larry High above this line for Recorders Use RDE # 008 8/24/2805 9:20 AM Documentary Transfer Tax: Wou No Fee Per Government Code Section 6103 DIRECTOR'S DEED JUL - - 2005 V 0 3 DOCUMENT: 18540601 11111111111111111111111111111 (020832- 01 -01, 020833- 01 -01, 020834- 01 -01, 059767- UZ -U1) The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to CITY OF CUPERTINO a California Municipal Corporation all that real property in the City of Cupertino , County of State of California, described as: Please see EXHIBIT "A" attached. MAIL TAX STATEMENTS T0: Santa Clara , DOCUMENTARY TRANSFER TAX $ 0,00 ®COMPUTED ON FULL VALUE OF PROPERTY CONVEYED,OR [3COMPUTED ON FULL VALUE LESS LIENS & ENCUMBRANCES REMAINING THEREON AT TIME OF SjkLE. Signature of declarant or agent d ining -firm name CI erm OF CUPERTINO ❑ Unincorporated BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of State Agency Pages: 6 Fees .. No Fees Taxes... Copies. AMT PAID District County Route Post Number 4 SCl 85 16.0 DD- 020832 -01 -01 Form RW 6-1(S) (Revised 01100) 83 Number DD- 020832 -01 -01 A portion of Cleo Avenue (46.48 feet wide) as described in PARCEL 1 in the Relinquishment No. 40230 to the City of San Jose recorded January 28, 1970 in Book 8813, Page 14, Official Records of Santa Clara County and portions of those parcels of land described in the deeds to the State of California recorded as follows: State Deed No. Recording Date Volume Paae 20832 05/28/1959 4432 25 20833 10/14/1958 4199 471 20834 08/03/1959 4500 526 all of Official Records of Santa Clara County, more particularly described as follows: COMMENCING at the Southeasterly terminus of that certain course described as "S. 35 0 23'09" E., 148.00 feet" in that Director's Deed DD- 020838 -01 -01 recorded February 13, 1998 under Recorder's Serial No. 14052911, Official Records of Santa Clara County; thence along the Southeasterly prolongation of said course, South 35 0 23'09" East, 186.58 feet; thence South 72 °21'32" East, 43.63 feet; thence South 37'21'17" East, 17.39 feet to the Southerly line of said parcel (State Deed No. 20832); thence along last said line and the Southerly lines of said parcels (State Deed No. 20833 and 20834), North 89 0 08'42" West, 167.63 feet to the Westerly line of said parcel (State Deed No. 20834); thence along last said line and its Northerly prolongation, North 00 °51' 10" East, 145.05 feet; thence North 47 °16'03" West, 16.28 feet to the curve with a radius of 30.13 feet described in SEGMENT 1 in the Relinquishment No. 56062 to the City of Cupertino recorded December 23, 2004 under Recorder's Serial No. 18159783, Official Records of Santa Clara County; thence along said curve, from a tangent that bears North 29 °44'22" East, along a curve to the left with a radius of 30.13 feet, through a central angle of 40 °54'55 ", an arc length of 21.52 feet to the general Southerly line of that parcel of land described in said Director's Deed; thence along last said line, South 89 °08'42" East, 13.84 feet to the Point of Commencement. EXCEPTING THEREFROM that portion of the above- described parcel of land lying within the bounds of said Cleo Avenue (46.48 feet wide). CONTAINING 11,938 square feet, more or less. ALSO, the State of California, acting by and through its Director of Transportation, does hereby remise, release and quitclaim unto the hereinabove named grantee, all right, title and interest in and to said exception to above described real property, lying within the bounds of said Cleo Avenue (46.48 feet wide). CONTAINING 1,275 square feet, more or less. ., Number DD- 020832 -01 -01 -2- There shall be no abutter's rights of access appurtenant to the above - described real property in and to the adjacent State freeway. RESERVING unto the State of California, its successors or assigns, an EASEMENT for storm drain purposes with the right to construct, place, inspect, maintain, replace and remove facilities consisting of storm drain lines, fixtures and appurtenances, together with the right of ingress thereto or egress therefrom, upon, over, under, and across all that real property described as follows: COMMENCING at the Southeasterly terminus of that certain course described as "S. 35 0 23'09" E., 148.00 feet" in that Director's Deed DD- 020838 -01 -01 recorded February 13, 1998 under Recorder's Serial No. 14052911, Official Records of Santa Clara County; thence along the Southeasterly prolongation of said course, South 35 0 23'09" East, 186.58 feet; thence South 72 0 21'32" East, 43.63 feet; thence South 37'21'17" East, 17.39 feet to the Southerly line of said parcel (State Deed No. 20832); thence along last said line, North 89 ° 08'42" West, 19.09 feet to a line parallel with and distant 15.00 feet Southwesterly, measured at right angles from the course described above with the length of 17.39 feet; thence along last said parallel line, North 37 °2I' l7" West, 0.85 feet to a line parallel with and distant 15.00 feet Southerly, measured at right angles from the course described above with the length of 43.63 feet; thence along last said parallel line, North 72 °21'32" West, 43.91 feet to a line parallel with and distant 15.00 feet Southwesterly, measured at right angles from the course described above with the length of 186.58 feet; thence along last said parallel line, North 35 °23'09" West, 193.46 feet to the curve with a radius of 30.13 feet described in SEGMENT 1 in the Relinquishment No. 56062 to the City of Cupertino recorded December 23, 2004 under Recorder's Serial No. 18159783, Official Records of Santa Clara County; thence along last said curve, from a tangent that bears North 02'55'11" East, along a curve to the left with a radius of 30.13 feet, through a central angle of 14 °05'44 ", an arc length of 7.41 feet to the general Southerly line of that parcel of land described in said Director's Deed; thence along last said line, South 89 °08'42" East, 13.84 feet to the Point of Commencement. CONTAINING 3,693 square feet, more or less. The bearings and distances used in the above descriptions are on the California Coordinate System of 1927, Zone 3. Multiply the above distances by 1.0000537 to obtain ground level distances. Number I DD- 020832 -01 -01 -3- This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act, Signature Licensed n urveyor Date _ 1l SZ.?vo.S ytiV LAN0 SUNG U� �O OF CAL�� JERRY ZHONG * Exp.12/31 /05 . No. 7784 0 Number ' Dn- 020832 -01 -01 Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS m and and the seal of the Department of Transportation of the State of California, this 2^ day of 20 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION APPROVED DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA County of SS WILL&EMPT M �� R. A. MACPHERSON Attorney in Fact Deputy District Director — Right of Way PERSONAL ACKNOWLEDGMENT On this the — day of Augjnd ' 20 Z-� a , before me, UNN I� 1 ST�rN OM , M O i � rt ft ` , �/y� n _ ,, Name, Title of Officer -E.G., "Jane Doe, Notary ublic" personally appeared �T . i f I a C_�] , � l 1g t cs n f' i Name of Signer ❑ personally known to me proved to me on the basis of satisfactory evidence t be the person whose name is subscribed to the hi within instrument and acknowledged to me that qnty she executed the same in hi er authorized capacity, and that by er signature on the instrument the person, or the upon behalf of which the person acted, executed the instrument. WITNESS my hand and off seal. ry Public' nature in and for said County and State) SUNNIF SlAPlrON Commission 0 1341873 z z Notar; r:,b:ic- Califomia i� ,n - eda County My Cr nr-, :xires Jan 31, 2006 Wary seal or Warm) THIS IS TO CERTIFY that the California Transportation Commission has authorized the Director of Transportation to execute the foregoing deed at its meeting regularly called and held on the 14th day of July 2005, in the City of San Diego. Dated this 18th day of July 2005. DIANE C. EIDAM, Executive Director CALIFORNIA TRANSPORTATION COMMISSION Form RW 6-1(S) (Revised 02!05) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Director's Deed by the State of California, Department of Transportation, dated July 18, 2005 , to the City of Cupertino, grantee, a governmental agency (under Government Code Section 27281), is hereby accepted by the undersigned officer on behalf of the Grantee, pursuant to authority conferred by resolution of the City Council on August 16 2005. GRANTEE: City o pert ^ o By: Title: City Manager Authorized Representative Date: Auizust 17, 2005 :: BEARING AND DISTANCES SHOWN ARE ON THE CALIFORNIA LEGEND SHOWNBY .00000537 BTAN °GROUND -LEVEL DISTANCES SANTA CLARA COUNTY a DIMENSION POINT DD- 020838 -01 -01 SERIES NO. 14052911 2� 2/13/98 ! 0�� AREA TO BE RELINQUISHED I A TO THE CITY OF CUPERTINO_ __ a? P.O.C. N /6 39.89' _ _ 47.11'_ _ J 24.98' 0o S89'08'42 'E S87'04'49 ° E(R)_ - =-- - - - - -- -- - - - - - o GLEO AVE. - ---- S6Q'15'3EE(Rl i o i k , r7 S89'O8'42 "E 1 57.42' 2: RELINOIJISHMENT 7 74.00' 40230 N47'16'03 "W PARCEL 1 16.28 BK. 8813, PG. 14 0 1/28/70 "l) CITY OF CUPERTINO BOO PG. GE(S) S.C.C.R. SANTA CLARA COUNTY RECORDS (T) TOTAL ANGLE OR DISTANCE R= 30.13' 0= 214'41 18 "(T) (R) RADIAL BEARING L= 112.90'(T) P.O.C. POINT OF COMMENCEMENT 0 PARCEL 2 � SQ. FT. SQUARE FEET VOL. VOLUME 113.84' 1275 SQ. FT. S.D.E. STORM DRAIN EASEMENT QUITCLAIM AREA - - __� —__ —_ -- l."" _ ACCESS PROHIBITED _— __— ...____ _____ 1 20838 1 I --- _- - - - - -- - -- — -- - --�--------------- ,s 15 S.D.E. TO BE RESERVED BY THE STATE 18.6 v - - - -- L _— __ —_ —_ t ! 2,933 SQ. F. 2 I �. 0833 20832 I VOL 10 58 471 VOL 4432, PG. 25 r•'. �, ! 7 "! VOL 45a0, PG. 526 . / / 5/28/59 f 25.37' `.. r 4 20831 0 o r =+ m �9 I - rRAACT 73 ::. := 020832-01 l 2_ 2D830 D2D834 —D1 —D1 d,. 207 S0. FT. STATE OF CALIFORNIA BK, 34 MAPS, PG, 13, S.r.C.12. 8 ,798 SO, FT, QN��_''' I I BUSINESS,TRANSP0RTATION o� 572*21'320 I AND HOUSING AGENCY 43.63(T) I DEPARTMENT OF TRANSPORTATION Ln o DISTRICT 4 PRELI IN R" J4. Im CD S72'21'32'E- 43g & 9 27- 17.39' I .:?4.aa Y : 24IT I DIRECTOR'S DEED -= ----- - - -_�_ _ PARCEL 1 11,938 SQ. FT. Lo 2 SCALE 1 " =50' X 1 czf 50 0 50 100 589'08'42 "E 167.63' NOO'51'10"E SEE 16.34'(T) DETAIL "A DD- 020832 -01 -01 13,213 SQ. FT. INCLUDING 1,275 SO. FT. QUITCLAIM AREA CURVE TABLE CURVE RADIUS DELTA LENGTH C1 30.13' 40 °54'55" 21.52' C2 30.13' 26'49'11" 14.11' C3 30.13' 14'05 " ... -.... 7.41' DD- 020832 - 01--01 DRAWN BY: JZ DATE: 11 /17/03 CHECKED BY: SCALE: 1 " =50' CQ_ RTE P.M. DRNC. SCLI. 85 1 16.0 I 2 OF 2 E RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, CHIH -HUI TUNG, 10215 ALHAMBRA AVENUE, APN 326 -23 -042 AND 326 -23 -043 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Chih -Hui Tung, for the installation of certain municipal improvements at 10215 Alhambra Avenue, and said agreement having been approved by the City Attorney, and Developer having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino M Resolution No. 11- Page 2 DEVELOPER: LOCATION: EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS CHIH -HUI TUNG 10215 ALHAMBRA AVENUE, APN 326 -23 -042 & 326 -23 -043 PART A Faithful Performance Bond: $ 9,775.00 1102211 PART B Labor and Material Bond: $ 9,775.00 1102211 PART C Checking and Inspection Fee: $ 2,468.00 1104538 PART D Development Maintenance Deposit: $ 1,000.00 1102211 PART E Storm Drainage Fee — Basin 3 $ 338.79 2154073 PART F Street Light - One -Year Power Cost: N/A 1104537 PART G Lot Line Adjustment Fee: $ 2,746.00 1104539 PART H Park Fee - ZONE III N/A 2804083 PART I Reimbursement Fee: N/A 91 IMPROVEMENT AGREEMENT APN 326 -23 -042 & 326 -23 -043 10215 Alhambra Avenue Cupertino, CA 95014 This AGREEMENT made and entered into this /-' day of "4� , 2011, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Chih -Hui Tung, an Unmarried Woman hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY to secure a Building Permit to construct a two single family dwellings hereinafter referred to as "Project ". WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by RCW Design LLC, a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans ". and the work to be done under the Plans shall be called the "Work ". 'I WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES, AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: $9,775.00 110 -2211 PART B. Labor and Material Bond: $9,775.00 110 -2211 PART C. Checking and Inspection Fee: $2,468.00 110 -4538 PART D. Development Maintenance Deposit: $1,000.00 110 -2211 PART E. Storm Drainage Fee — Basin 3 $338.79 215 -4073 PART F. Street Light — One -Year Power Cost: NIA 110 -4537 PART G. Lot Line Adjustment Fee: $2,746.00 110 -4541 PART H. Park Fee: Zone III NIA 280 -4083 PART I. Reimbursement Fee N/A Page 2 of to 93 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: DEDICATION No dedication required. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. No final inspection shall be granted or street improvements shall not be accepted unless all the requirements for safety purposes are installed, such as sidewalks, handicap ramps, street lights, etc. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, and standards approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the plans, specifications, and standards as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of` Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. D. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the City of Cupertino: also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. E. In case of conflict between the State Specifications and the specifications of the CITY, and /or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. Page 3 of 10 •ll QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his /her rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project. DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him/her for signature. 4. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his /her full and faithful performance of this AGREEMENT. The penal sure of said faithful performance bond is as set forth in Part A of the SCHEDULE OF BONDS, FEES AND DEPOSITS. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY, a labor and materials bond in a penal sum as set forth in Part B of the SCHEDULE OF BONDS, FEES AND DEPOSITS. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and have been approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail to faithfully perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to do SO. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: Cash; or, ii. A cashier's check, or a certified check payable to the order of the City of Cupertino; or, iii. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c). C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a faithful performance surety bond. In the event that the DEVELOPER shall fail to faithfully perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check or certificate of deposit shall be made except upon approval of the City Council. Schedule for bond and insurance release for paper bonds are as follows: Page 4 of 10 95 i. Release of 90 percent of the faithful performance bond upon acceptance by City Council. ii. Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. iii. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. iv. Liability insurance, provided by the DEVELOPER to hold the CITY harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. 5. CHECKING AND INSPECTION FEE It is further agreed that the DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc. incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part Q. Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 6. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part D) as a development maintenance deposit. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the DEVELOPER or his /her contractor that may arise during or after the construction of the development. The deposit shall also be used for copies of approved plans for the CITY's files. If the cost exceeds the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. Any unexpended amount will be returned to the DEVELOPER at the time all bonds are released in accordance with paragraph 4 of this agreement. 7. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with the said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set ibrtli herein at Page 2 (Part E). Page 5 of 10 W STREET LIGHT - ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part F), which amount represents the power cost for street lights for one year. 9. MAP CHECKING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12104161) of CITY, the amount as set forth herein at Page 2 (Part G). 10. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in confonnance with the standards of the City of Cupertino. Variety of tree shall be selected from the CITY approved list. 11. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and /or dedicate such land to the CITY, prior to execution of this AGREEMENT, as is r6quired within Section 18- 1.602, Park Land Dedication, Cupertino Municipal Code, and which is further itipulated herein at, Page 2 (Part H). Fees are also in accordance with action adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18 -1.602 of the Cupertino Municipal Code. 12. REIMBURSEMENT FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a reimbursement fee for the street improvements that have been installed by the City, or by another property owner. Developer shall pay the City for the cost of the land at the cost to the City, or another property owner, and shall pay a street improvement reimbursement charge for the improvements which the City or another property owner, installed on the street abutting or included in the benefited property, in an amount equal to the total improvement costs for each particular benefited property as set forth in a reimbursement agreement, in the amount as set forth herein at Page 2 (Part 1). Payments for both land and improvements shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: A. Land Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvements reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of'purchase to the date the charge is paid. Page 6 of 10 97 B. Improvement Cost. interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. C. Provided, however, that the interest shall be waived if the adjoining property owner dedicates or has dedicated to the City land necessary for the street improvements, or where no such dedication is necessary. 11 MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City Standards and Specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has submitted plans for review by the District and that sanitary sewers are available to serve all lots within said Project. 4 15. GOVERNMENT COSTS It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 16. PACIFIC GAS AND ELECTRIC/ AT &T It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and /or to AT &T, any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when the DEVELOPER is notified by either the City Engineer or Pacific Gas and Electric Company and/or AT &T that said fees are due and payable. 17. EASEMENTS AND RIGHT -OF -WAY It is further agreed that any easement and right -of -way necessary for completion of the Project shall be acquired by the DEVELOPER at his /her own cost and expense. Page 7 of 10 •R It is provided, however, that in the event eminent domain proceedings are required, the CITY for the purpose of securing said easement and right -of -way, that the DEVELOPER shall deposit with CITY, a sum covering the reasonable market value of the land proposed to be taken and, to be included in said sum, shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require, shall be deposited with the City of Cupertino. 18. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his/her contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'S agents. employees and independent contractors. 19. INSURANCE It is further agreed that: the DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino individually and collectively, and the officers, agents and employees of the CITY individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the CITY, its members of the City Council individually and collectively, and the officers, agents and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall not be called upon to cover a loss under said additional policy. The insurance carrier shall provide proof of their ratings. All ratings should be Best's Guide Rating of A, Class VII or better or that is acceptable to the CITY. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: for general liability for bodily injury, personal injury and property damage $1,000,000 each occurrence, with an aggregate limit of not less than $2,000,000. Page 8 of 10 •• B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. The CITY shall be shown as additionally insured on a separate "Additional Insured Owners, Lessees or Contractors" (Form A) or (Forrn B) Endorsement provided along with the evidence of said foregoing policy of policies of Insurance. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co- name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. D. DEVELOPER to use City supplied forms for proof of insurance and endorsements to policy as specified above. 20. MAPS AND /OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar blackline and five (5) prints of fully executed parcel map. B. A mylar blackline and twelve (12) prints of fully executed improvement plans. C. A scan in raster format of all executed improvement plans and map. D. One (1) Y2 size prints of fully executed plans and rnap. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and maps. If costs exceed the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. Page 9 of l0 100 21. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferees of DEVELOPERS. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused their name to be affixed the day and year first above written. CITY OF CUPERTINO: Mayor Approved as to form: City Attorney City Clerk DEVELOPER: r Chih -Hui Tung Attach Notary acknowledgement Page 10 of' 10 101 1 THE LAND REFERRED. TO. $EREIN IS : SI`T'UATED 'IN' THE STATE. OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF CUPERT.INO, AND. 13 DESCRIBED'.AS FOLLOWS: PARCEL ONE: s� .ALL OF LOTS (26;1ANDx 2.77IA , BLOCK, 7 AS SHOWN SON THAT : CERTAIN MAP ENTITLED,. "MAF? OF 4;N VISTA FIRST ADDITION" WHICH. MAP WAS - FILED FOR. RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, .STATE OF CALIFORNIA, ON APRIL .11, :1917 IN BOOK P OF MAPS, PAGE 23. .PARCEL TWO: PORTION OF LOTS 5 ANQ/�, I,N BLOCK 7 AS SHOWN UPON THAT CERTAI_2t MAP ENTITLED AP M �ONTAVISTA FIRST ADDl- TIO.N ", WHICH MAP WAS FILED FOR RECORD, IN THE OF'F'ICE OR THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,, ON APRIL i 1.,. 191 IN-, ROOK P OF MAPS, PAGE 23, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: 'BtGINNING AT THE COMMON: CORNER FOR LOTS 4 AND 32 .IN' THE NORTHERLY -LINE OF LOT .5.` BLOCK 7 AS SHOWN :UPON THE MAP ABOVE REFERRED TO; AND. RUNNING THE14CE EASTERLY ALONG: THE DIVIDING 'LINE BETWEEN SAID LOTS 5 AND 32., 11.30 FEET TO THE COMMON CORNER FOR LOTS 5 AND 27 OF SAID BLOCK 7 AND RUNNING THENCE SOUTHERLY'ALONG.THE DIVIDING LINE BETWEEN LOTS 5 AND 6 .AND LOTS 26 AND :27, SAID BLOCK 7;::50, ^75 FEET TO THE COMMON CORNER FOR LOTS -:6; 7, . 25 AND_ 26 OF SAID 'BLOCK 7 AND RUNNING `THENCE WESTERLY: ALONG. THE. DIVIDING LINE BETWEEN SAID, LOTS 6 AND 7, 10. GO, ,FEET .AND 'RUNNING THENCE NORTHERLY, 50.. 00 FEET TO THE 'PLACE OF BEGINNING. PARCEL THREE: LOTS i AND 2i� BLOCK 7, AS SHOWN. ON THAT CERTAIN MAP ENTITLED, "MQNT A ADDITION";, WHIC.H MAP WAS FILED FOR RECORD IN THE OFFICE DF:THE RECORDER OF THE COUNTY OF SANTA CLARA; STATE OF CALIFORNIA, ON' APRIL '1I, 1917, 'IN VOL.. "P" OF MAPS, ON PAGE 23'. PARCEL FOUR LOT3 2y; TN BLOCK 7.. AS SHOWN UPON THAT CERTAIN MAP. 'ENTITLED "MAP OF .MONTA VISTA .FIRST ADDITION:, WHICH. MAP .WAS FILED .FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF C.ALYPORNIA, ON APRIL 11, 1912 IN BOOK P OF MAPS; PAGE 23. EXCEPTING THEREFROM THE'FOLLOWING MORE PARTICULARLY DESCRIBED AS FOLLOWS:: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF UNIVERSITY WAY AT THE COMMON.CORNER OF`LOTS AND 3 BLOCK 7, AS SHOWN ON THE MAP ABOVE ,REFERRED Tfl;; THENCE RUNNING SOUTHERLY- AND PARALLEL WITH A HAM BRA AVENUE 75.00 FEET. TO A POINT IN THE DIVIDING LINE BETWEEN .LOTS 3 AND 4, SAID BLOCK 7, AND RUNNING THENCE EASTERLY ALONG THE DIVIDING LINE BETWEEN SAID LOTS 3 AND .4, 27:55 FEET TO- THE- COMMON CORNER FOR. SAID LOTS 3 AND 4 IN THE WESTERLY LINE LOT 32" THENCE SOUTHEASTERLY 102 ALONG THE WESTERLY LINE: OF SAID LOT 3,2, 18.0.0 FEET TO A .POINT;' ,THENCE NORTHEASTERLY AT RIGHT ANGLES TO ;SAlt3 WESTERLY LINE OF SAID LOT 32, 24.00 FEET TO : A POINT.; THENCE NORTHEASTERLY IN A DIRECT LINE :8.00 FEET TO A POINT' IN. THE. EASTERLY LINE OF SAID LO. 32,, -LAST .SAID POINT BEING DISTANT :SOUTHERLY ALONG SAID EASTERLY LINE .OF SAID LOT 32, 26.00 FEET: FROM 'THE 'NORTHWESTERLY CORNER DF 'Lo 2 9 , IN BLOCK 7 ,, AS SHOWN ON THE MAR ABOVE REFERRED TO,.'THENCE'NQRTHE'RLY. ALONG THE EASTERLY LINE OF. SAID LOT. 32; 76.00 ;FEET TO THE:SOUTHERLY LINE OF UNIVERSITY WAY AT THE COMMON .CORNER.:FOR .LOTS 32 AND 31, IN BLOCK 7, AS SHOWN QN THE MAP ABOVE REFERRED TO'; THENCE.WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT` 32., 59...21 FEET TO THE POINT> OF BEGINNING. ASS£SSOR.'S PARCEL NUMBER: 326 --23 -043 103 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of �- C<A9A On ! 2 "tom before me, K C J /�0 4 (liere insert name and title o the afEiccr) personally appeared C S C{/ q:�� Cr S TjNq who proved to me on the basis of satisfactory evidence to be the personwwhose name/CYare subscribed to the within instrument and acknowledged to me that he4gYthey executed the same in his their authorized capacity.014 and that by his /10their signaturex on the instrument the person or the entity upon behalf of which the personkf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Pdblic R. C. SING" Commisslon # 1770167 Notary Public — 001ROrnla `? Son Matto County Cotmti lresOd2i,2f31i (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF TIME ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued} Nurriber of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Altorney -in -Fact ❑ Tiustee(s) d Other INSTRUCTIONS FOR COMPLETING THIS FORN4 Ant ocknowledgnrew completed in California must contain verbiage exactly as appears above in the notate scrrion or a separate ark for7n must be. properly completed and attached to that document. The only ercehtiort is if a document is to be recorded outside of Cal f>rnia. hr such instances, any alternative acknowledgment verbiage as pray he primed on such a document so long as the irrbioge does not require the notary to do something that is illegal jr a rwtar) in California (i.e. ceriif}dng the authorized capacity of the signer). Picase check the dorumem rare fdly for proper notarial wording and attach this jrnn if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Dale of notarization must be the date that the signer(s) personally appeared which must also be 11hc same date tite acknowledgment is completed. • The notary public must print his or her namc as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signcr {s) who personally appear at the lime of notarization. • Indicate the Correct singular ur plural forms by crossing off incorrect forms (i.e. helshe / 4}ey- is lesre ) or circling the cored forms. failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must pot cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. l e Additional information is nnl required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary), • Securely attach this document to the si €rrrcd document 2068 Versirn CAP A v12.t0.07 900- 873 -9865 www.NotaryClasses.com 104 105 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A MAINTENANCE AGREEMENT, BYER PROPERTIES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, 20730 STEVENS CREEK BOULEVARD, APN 359 -08 -020 WHEREAS, there has been presented to the City Council a maintenance agreement between the City of Cupertino and owner, Byer Properties, L.P., a California limited partnership, 20730 Stevens Creek Boulevard, as described in Exhibit "A ", and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September, 2011, by the following vote: Vote Members of the CCi Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 107 RECORDED AT THE REQUEST OF And WHEN RECORDED RETURN TO: SPACE A13OVE: FOR RECORDER'S USE ONLY MAINTENANCE AGREEMENT 20730 Stevens Creek Boulevard AM 359 -08 -020 THIS MAINTENANCE AGREEM17NT ( "Agreement ") is made and entered into this day of . 20 by Byer Properties, L.P., a California limited partnership, (hereinafter referred to as "Declarant "), and the City of Cupertino ( "City "). RECITALS: This Agreement is made and entered into with reference to the following facts: A. The real property and improvements that comprise Cupertino Crossroads is located at 20730 Stevens Creek Boulevard within the City of Cupertino ( "City "), County of Santa Clara, State of California. B. As set forth herein, the provisions of this Agi are intended to and shall run With the Project and be binding upon all owners, successors and assigns of the Project, or any portion thereof. C. The purpose of this Agreement is to allocate the costs of maintenance, repair and replacement between Declarant and the City of certain improvements, including landscaping, that IS situated on real property owned by City along 20730 Stevens Creek Boulevard in front of the Project, and to establish certain crite6a and procedures for the accomplishment of said maintenance, repair and replacement. NOW, THEREFORE the parties hereto agree as follows: 1. Covenants Running With the Land; Property Sub to Agreement: All of the real property described in Exhibit "A" shall be subject to this Agreement. It is intended and deteznined that the provisions of this Agreement shall run with the land and shall be binding oil all parties having or acquiring any right, title or interest in the real property described in Exhibit "A" or any portion thereol' and shall be for the benefit of each owner of any of said parcels or any portion of said property and shall inure to the benefit of and be binclillg upon each successor in interest of the owners thereof. Each and all of the limitations, easements, obligations, covenants, conditions, and restrictions contained herein shall be deemed to be, and shall be construed as equitable servitudes, enforceable by any of the owners of any of the property subject to this 1: Agreement against any other Owner, tenant or occupant of the said property, or any portion thereof. 2. Responsibility for Cost of Repair Replacement and Maintenance: Declarant, or its successor in interest, shall, at its sole cost and expense, maintain, repair, replace, and keep in good condition all improvements, parer blocks,. irrigation, and landscaping located on the portion of the City's property that abuts and fronts the Project ( "the Frontage Area of the Project ") along 20730 Stevens Creek Boulevard to back of curb line, excepting there front the standard public sidewalk abutting the property line of the Project which shall remain the maintenance responsibility of the City. Exhibit "13" shows the portion ol'the City's property for which Declarant is responsible for maintenance hereunder. 3. Definitions of Repair Replacement and 'Maintenance: The repair, replacement and maintenance to be undertaken and performed under this Agreement shall include all work necessary to maintain the Frontage Area of the Project described in paragraph number two and delineated on Exhibit "B" in a good, useable condition under all weather conditions. Said Frontage Area of the Project shall be maintained to the standards, specifications and condition to which, at a minimum, they were originally constructed as evidenced by plans and specifications on file with the City of Cupertino and/or provided to the Declarant. 4. Decisions Regarding performance of this Agreement: All decisions regarding the need for maintenance, the implementation Owreof, and any particular other platters relating to the Frontage Area of the Project shall be detenmined by the City. 5. Indemnity: Declarant shall defend, indemnify, and hold City harmless of and from any and all claims, liabilities, actions, causes of action, and damages for personal injury and property damage, including without limitation reasonable attorney's fees, arbitration fees or costs and court costs, arising out of or related to the use and landscape maintenance of the Frontage Area of the Project described in paragraph number two and delineated on Exhibit `B ", except to the extent that such claims, liabilities, actions, causes of action, and damages arise out of or relate to City's employees, agents, representatives, contractors, vendors or consultants. G. Attornev's Fees: In the event that any party institutes legal action or arbitration against the other to interpret or enforce this Agreement, or to obtain damages for any alleged breach hereof, the prevailing party in such action or arbitration shall be entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. 7. Further Documents: The parties covenant and agree that they shall execute such further documents and instructions as shall be necessary to fully effectuate the terms and provisions of this Agreement. 8. Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior agreements, whether written or oral. There are no representations, agreements, arrangements or undertakings, oral or written, which are not fully expressed herein. 9. Severabilit : In the event any part or provision of this Agreement shall be determined to be invalid or unenforceable under the laws of the State of California, the remaining portions of ZD this Agreement which can be separated from the invalid, uunen force able provisions shall, nevertheless, continue in full force and effect. 109 10. No Waiver: The waiver of any covenant contained herein shall not be deemed to be a continuing waiver of the same or any other covenant contained herein. H. . Recordation: It is anticipated that this Agreement shall be recorded and shall be executed and acknowledged in proper recordable form. 12. Amendment: This Agreement may be amended in whole or in part only by mutual written agreement. Any such amendment shall be recorded in Santa Clara County, California. In the event any conflict arises between the provisions of any such amendment and any of the provisions of any earlier document or documents, the most recently duly executed and recorded amendment shall be controlling. Executed the day and year first above written, DECLARANT: Byer Properties, L.P., a California limited partnership By: (/��- 'L,d -� � (notary acknowledgement attached) Alex B. Byer Attorney in Fact for Byer Properties, L.P., a California limited partnership CITY Or CUPERTINO By: Name: Title: 110 LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF. SANTA CL4RA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL OF PARCEL A as shown upon that certain Map entitled, "Record of Survey for Mr. Warner H. Wilson being a portion of the North 1/2 of the Southwest 1/4 of Section 13, T7S, R2W, M.D.B. & M., Cupertino, California ", Recorded May 24, 1968 in Book 238 of Maps, at Page 3. EXCEPTING THEREFROM all those certain water rights conveyed by Pauline W. Woodruff, et al to California Water Service company, a Corporation, by Deed Recorded May 10, 1968 in Book 8119 Official Records, Page 208. ALSO EXCEPTING THEREFROM the underground water or rights thereto with no rights of surface entry, as granted to the City of Cupertino Recorded in February . 26, 1970 in Book 8839 of Official Records, Page 594. APN: 359 -08 -020 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ��.� ��. -�!S 0 On �` 06 a U /r' before nee, personally appeared 6 : z /G 01cre.inscrt name and title of the of �FyCf who prov d to me on:the: basis of satisfactory evidence to be persoTt4} whosc name(s) is /am to the within" iiistrufrlent and acknowledged to me that,h "e/ lth�xecuted the saiiie ftvbis/ �utholized capacity{ie<, and that or the entity upon behalf of which the persons acted executed-the instrument. I Certify under PENALTY OI~' PERJURY under -the laws of the State of California'that the foregoing paragraph is.tf =ue and correct. TODD MCCORMACK Comm. # 1665928 �rn� NOTARY PURX -CALIFORNIA 4+ M AM Oawrr I Sur F1'_ k Catut, EXr. OCT. 21, 2013 aiy seal) ADDITIONAL OPTIONAL INFORMATION' DESCRIPTION OF THE ATTACHED 170CUMEIVT (Title or description of a" ltcd document) ( Tttle or description of attached documentcontinucd) Nuni6er of Pages Document Date ( Additional information) •CAPACITY CLAIMED BY T14E SIGNER ❑ individitlil (s) ❑ Corp&iite Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FORCOMPLETING THISTORM Any ockiinivledgrorent complelM in Calrfrir•nia mu3t contain verbiage �ractl as appears above in the „natuny, secrion or a separate acknowledgment forrrr.nnrst be properly cornp!eyed and 'attached to Thal doceonent., The only exception is f a documment- 1s recorded outside of California. h? such instances, any alternative arknowledgmew rerbiage, rrs m4y be printed on such a docrndent se long as'the ierbrcrge.does root 'require the notary to do sortiethinr that'is fle.gulfvr a naiary in Califorrria,(r e certifying tire:authorized capacity of the signer }. Please check the - docuniertf,carefully for proper notm ial war �rng and attach this jrrrnr if r equn erl, • Statc County mformation'niust be the State and County where the document signcr(s) persoiially appeared before the notary public For acknowledgment. • Date of notarization must:be the date that signer(s) personally appeared which must also be the same date the acknowledgment is completed. • net iotary' public -must print his onc&r 'nnanic;as it appears within his , or her commission followed by a comma and then your , title (notary. public). • Print the name(s) of document signcr(s) who personally appear at -tltc time of nolarizatiou. • Indicate the correct sinbvlar or plural. forms by crossing off incorrect forms (i.e. halshcfgwy -is /are) or circling the correct forms. Failure to correctly indicate this information may;lead to rcjcciion ufdocumcnt recording. • Thel notary scat inipressien must be relear and €)holographicully reproducible. lmpression:must',nut cover text .or lines. If -seal imprestiun smudges re -seal if a sufficient area permits, othenvisecomplete a'diffmnt acknowlcdgmcnEform, • Sigimture'of tlia nomq. public must match the signature on! File with the office of the county clerk. Additional information is nut but could help_ to ensure this acknowledgment is not misused or attached to a dif aunt document. Indicate title or type of attached "document; number of pages and date. Indicate the capacity claimed by-the signer. if the claimed cap3ciipis -a corporate dfftcer, indicate the title (i.e: CEO; CFO, Secretary). • Securely at this document to the signed domnicnt 2008 Version CAPA -12.10.07 500- 873 -9355 www.NotaryClasscs.com 112 WITNESS.,my hand aiid official seal, T. fp 0 4, PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 6, 2011 Sub' ect City Project, Garden Gate Sidewalk Installation Project 2009 -9549 Recommended Action Accept Project No. 2009 -9549 Discussion The City's contractor, J.J.R. Construction, Inc., has completed work on the Garden Gate Sidewalk Installation Project. Work consisted of installing new concrete sidewalk behind existing curb, installing handicap ramps, removing and replacing existing driveways, and upgrading the traffic signal at Stelling Road and Greenleaf Drive with a protected left -turn phase. Prepared by David Stillman, Senior Civil Engineer Reviewed by. Timm Borden, Director of Public Works Approved for Submission by David W. Knapp, City Manager Attachments: none 114 PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CUPERTINO CITY COUNCIL STAFF REPORT Meeting: September 6, 2011 Sub' ect Blackberry Farm Infrastructure Upgrade Project 2011 Re -Bid Recommended Action 1. Authorize the City Manager to execute a contract with CRW Industries, Inc. for the construction of Blackberry Farm Infrastructure Upgrade Project, 2011 Re -Bid, for a Base Bid amount of $256,781; and, 2. Authorize the City Manager to include the Retaining Wall Add Alternate of $76,064, for a total contact amount not to exceed $332,845; and, 3. Authorize the Director of Public Works to expend up to $30,000 for unforeseen site conditions and construction changes that might become necessary to complete the work. Discussion This project was originally bid in January 2011; however the bids were rejected due to an error in issuing an addendum. On February 1, 2011, City Council rejected all bids and authorized the re- bidding of the project. The work consists of accessibility improvements to the restrooms adjacent to the swimming pools, as well as to the driveway, entryway and restroom at the retreat center. An alternative bid item includes the construction of a concrete retaining wall at the foot of the hill near the maintenance yard. The existing retaining wall, constructed many years ago, has collapsed in several locations and no longer prevents soil from the steep slope from slipping into the maintenance yard during the wet season. On August 16, 2011 bids were received from a total of eight contractors that purchased plans and specifications. The bids, listed below from lowest to highest based on the base bid, ranged in value from $256,781 to $418,818. The Engineer's Estimate of the base bid was $295,000. It should be noted that the contract documents indicate that the low bidder will determined by the base bid only, without consideration of the bid for alternate work. 115 Contractor $ Base Bid Alternative Item CRW Industries, Inc. 256,781 76,064 Tucker Construction, Inc. 291,000 78,000 Euro Style Management, Inc. 293,000 70,000 Engineer's Estimate 295,000 75,000 Premier Builders, Inc. 306,346 78,044 Romkon, Inc. 317,000 150,000 Rodan Builders, Inc. 318,000 84,000 OnPoint Construction 325,000 75,000 John Plane Construction, Inc. 418,818 84,600 CRW Industries, Inc., the lowest bidder, was found to be responsive and responsible, in accordance with the criteria of the California Public Contract Code and the City's bid documents, and is therefore recommended for award of contract. CRW Industries, Inc.'s bid is approximately 13% under the Engineer's Estimate. Add Alternate No. 1— Retaining Wall CRW Industries, Inc. has agreed to construct the retaining wall for an additional $ 76,064, and staff considers this to be a reasonable price for the work. Sustainability Impact This project complies with the City's sustainability goals. Fiscal Impact The total project cost, including base bid ($256,781), the alternate ($76,064), and the contingency ($30,000), is $362,845 and within the $399,000 remaining in the CIP budget for this proj ect. Prepared by. Carmen Lynaugh, Projects Manager of Public Works Reviewed by : Timm Borden, Director of Public Works Approved for Submission by. David W. Knapp, City Manager Attachments: Attachment A - BBF Infrastructure Upgrade Project Contract 116 Attachment A DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this day of , 20 , by and between [Name of Contractor] whose place of business is located at [Address of Contractor] (`Contractor "), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California (`City ") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the day of , 20 awarded to Contractor the following Project: PROJECT NUMBER 2010 -9135 BLACKBERRY FARM INFRASTRUCTURE UPGRADE 2011 RE -BID NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Terry Greene, City Architect, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 City has designated Sugimura Finney Architects to act as Consulting Engineer. City may change the identity of the Consulting Engineer at any time with notice and without liability to Contractor. 2.3 City has designated Nova Partners Inc. to act as Construction Managers. City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.4 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. City of Cupertino 00520- 1 Contract BBF Infrastructure Upgrade 2011 Re -Bid, Project No. 2010 -9135 117 Contractor shall achieve Substantial Completion by January 31, 2012 , and Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) by February 28, 2012. 3.2 Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $2,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Substantial Completion as specified above. 3.12 $2,000for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.23 $5,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS. 3.2.4 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and /or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third - parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached City of Cupertino 00520-2 BBF Infrastructure Upgrade 2011 Re -Bid Project No. 2010 -9135 Contract 118 Attachment A Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as -built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as -built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as -built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terins and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Fonn Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non - Collusion Affidavit City of Cupertino 00520-3 Contract BBF Infrastructure Upgrade 2011 Re -Bid, Project No. 2010 -9135 119 Document 00482 Bidder Certifications Document 00510 Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Special Environmental Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specification /Special Provisions Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U. S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http:// www. dir.ca.gov/DLSR/PVM/Northem.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware City of Cupertino 00520-4 Contract BBF Infrastructure Upgrade 2011 Re -Bid Project No. 2010 -9135 120 Attachment A of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the perfonnance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their teens to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino 00520-5 BBF Infrastructure Upgrade 2011 Re -Bid, Project No. 2010 -9135 Contract 121 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. BLACKBERRY FARM INFRASTRUCTURE UPGRADE 2011 RE -BID CITY: CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the LContractor's name_] State of California By: [Signature] Atte st: City Clerk: Kimberly Smith Approved as to form by City Attorney: [Please print name here] Title: [If Corporation: Chairman, President, or Vice President] Cite Attorney: Carol Korade I hereby certify, under penalty of perjury, that David W. Knapp, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino. Dated By: [Signature] [Please print name here] Title: [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] State Contractor's License No. Classification David W. Knapp, City Manager of the City of Cupertino, a Expiration Date Municipal Corporation of the State of California Designated Representative: Taxpayer ID No Name: Timm Borden Name: Title: Director of Public Works Title: Address: 10300 Torre Ave., Cupertino, CA 95014 Address: Phone: 408 -777 -3354 Phone Facsimile: 408 -777 -3333 Facsimile: NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A AMOUNT: $ CORPORATION, CORPORATE SEAL AND CORPORATE ACCOUNT NUMBER:427- 9135 -9300 NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY FILE NO.: 92,054.15 NO. Is REQUIRED City of Cupertino 00520-6 Contract BBF Infrastructure Upgrade 2011 Re -Bid Project No. 2010 -9135 122 Attachment A END OF DOCUMENT City of Cupertino 00520-7 Contract BBF Infrastructure Upgrade 2011 Re -Bid, Project No. 2010 -9135 123 T. fp 0 4, COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 6, 2011 Subs ect Cupertino Crossroads development proposal. Recommended Action The Planning Commission recommends approval of the following applications per the respective resolutions (Attachment A): 1. Mitigated Negative Declaration (EA- 2011 -10) per the California Environmental Quality Act. 2. Development Permit (DP- 2011 -03) to allow the construction of two new retail building pads; 8,136 square feet and 5,086 square feet respectively; and demolition of an existing 4,930 square foot restaurant building for a net square footage increase of 8,292 square feet (Resolution No. 6648). 3. Architectural and site approval (ASA- 2011 -12) for two pad buildings and associated site improvements (Resolution No. 6649). 4. Exception to the Heart of the City Specific Plan (EXC-201 1 -10) to allow a 26 foot front setback for a new 5,086 retail pad building where a 35 foot front setback is required (Resolution No. 6650). 5. Tree Removal Permit (TR- 2011 -30) to allow the removal and replacement of 79 trees within an existing shopping center parking lot in conjunction with the proposed new development (Resolution No. 6651). Description Applications: DP- 2011 -03, ASA - 2011 -12, EXC - 2011 -10, TR- 2011 -30 Applicant: Mark Creedon (Byer Properties) Location: 20750 Stevens Creek Boulevard (APNs 359 -08 -020, 359 -08 -021, 359 -08 -022, 359 -08 -006, 359 -08 -013) Background In April 2011, the Planning Commission approved improvements to the Crossroads Shopping Center (ASA - 2011 -02 and TR- 2011 -07) for general fagade, landscaping, parking lot, lighting and sidewalk enhancements to the former Mervyn's department store site (including the demolition of 2,400 square feet from the rear loading area). Construction and demolition is currently underway to accommodate the future TJ Maxx tenant. The applicant is now requesting to demolish the former Marie Callender's restaurant building and build a new satellite commercial building in its place. An additional pad building is planned in the front along Stevens Creek Boulevard in the Pier 1 parking lot. 124 On August 9, 2011, the Planning Commission recommended approval (4 -0 -1 vote) of the proposed project, including a Mitigated Negative Declaration. For a detailed discussion on the development proposal, please refer to the August 9, 2011 Planning Commission staff report and attachments (Attachment B). The key Planning Commission discussion points focused on the adequacy of the proposed parking supply and the architectural features of the two proposed commercial buildings (see Attachment C for the draft meeting minutes). A discussion of these two issues is provided later in this report. Discussion Parking Considerations The project proposes 625 parking spaces or 4.32 spaces per 1,000 square feet within the project area encompassing Vision Eye Center to the east and the eastern edges of the Staples and Pizza Hut buildings to the west. Based on the standard parking ratios in the City's Parking Ordinance, the proposed project and the existing uses in the shopping center would require 705 spaces within the project area, resulting in a deficit of 80 stalls. It should be noted that the City's standard parking ratios were intended to apply to stand -alone uses and do not account for the complex and dynamic parking demands of a multi -use shopping center. Consequently, the ordinance provides an alternative parking consideration through a parking study prepared by a professional traffic /parking engineer. Hexagon Transportation Consultants, Inc. was retained to conduct a parking study for the project. The study assessed and compared the proposed project with actual parking demands of other shopping centers with similar tenant mixes in the area (assuming that both new commercial buildings are 100% restaurant uses, equating to a total of 15% restaurant uses throughout the entire shopping center). The result of the survey study was also compared with the recommended parking demand rate for shopping centers from the Institute of Transportation Engineers (ITE) parking generation manual. Hexagon's study concludes that the project's parking supply rate is adequate given the fact that it exceeds the supply rate of the other similar centers studied as well as the parking supply rate suggested by the TTE manual. A Planning Commissioner had concerns about the proposed parking supply and indicated that the success of other commercial centers in the City (i.e., Cupertino Village and Marketplace) has demonstrated that these types of alternative parking survey analyses may be inadequate. After further deliberation, the Commission recommended a shopping center restaurant limit of 13.5% or 24,062 square feet (assuming 50% of Building E and 100% of Building F are restaurant uses and the other existing restaurant tenants stay constant). The Planning Commission stipulated that the applicant could request additional restaurants in the future with additional parking studies. The applicant has requested greater flexibility; specifically allowing up to 100% restaurant uses in Building E, so that they can lease space in the new buildings successfully. Staff notes that parking surveys provide a real -life approach to assessing parking demand. While the goal of parking ratios is to provide for an adequate average amount of parking supply, it cannot measure parking impacts based on how successful a center may be. Additionally, shopping centers with a mix of uses and large parking areas are better able to handle parking needs if one use is more successful than anticipated. 125 Historically, the Crossroads Shopping Center has had an ample amount of parking. In addition, Hexagon's study indicates that the project exceeds the parking supply of other similar centers and the recommended ratio from ITE. Based on this information, staff is requesting that the Council consider the original recommendation to allow 100% of restaurant uses in Building E. Any future requests for additional restaurants or other parking- intensive uses would have to be accompanied with a parking survey. Further, if complaints or concerns are received by the City in the future, the City has the ability to require additional measures as deemed necessary (e.g. valet parking for the restaurant uses). This would allow the shopping center to successfully lease space in the new buildings, while monitoring parking demand to address the needs of current and future uses. Setback Exception The applicant is requesting an exception for a reduced setback of 26 feet along Stevens Creek Boulevard, where 35 feet is required by the Heart of the City Specific Plan. The exception is requested due to the physical constraints of the parcel containing Building F, such as grade differences between the front and rear half of parcel and the presence of a large oak tree near the building. The proposed location allows for increased parking and a more efficient parking layout. In addition, the treatment in the 26 -foot landscape easement/public sidewalk area proposed by the project is consistent with the commercial district. The City has granted similar exception requests in recent years (e.g. the Peet's and Panera building across the street). The Planning Commission supported the exception request because it would help enhance the streetscape with activity closer to the street and there are a number of existing buildings along Stevens Creek Boulevard that are closer than 35 feet to the curb. Architectural Enhancements The City's architectural consultant reviewed the project and recommended additional architectural enhancements to be incorporated as conditions of the project (Condition #15). The Planning Commission recommended changes to Condition #15 of Resolution No. 6648 to clarify that the architectural comments were listed as recommendations and that the applicant would work with staff during the building permit phase to address their intent. Condition #15 has been revised accordingly. The applicant anticipates some modifications to building elevations due to future tenant needs and other minor modifications to further enhance the streetscape, which will be reviewed during the building permit phase. The applicant also requested that Condition # 16 of Resolution No. 6648 be modified to remove the covenant requirement for the main building entrances of Building E to face the street. The Planning Commission agreed to remove the covenant requirement and clarified that the condition alone will be enforceable. Public Comments Two members of the public commented on the Heart of the City Specific Plan front setback exception request for Building F and expressed that there should be adequate space on the lot to relocate the building behind the required 35 foot front setback line. One person felt that the existing Peet's and Panera building (which was granted a similar setback exception in 2004) was too close to the street. While the Planning Commission acknowledged the above points, they still supported the exception because of the public benefits associated with it and that there were 126 several examples of existing buildings with setbacks less than what is required by the specific plan. Environmental Considerations On July 21, 2011, the Environmental Review Committee (ERC) recommended a Mitigated Negative Declaration for the project per the California Environmental Quality Act (CEQA). Mitigations included tree replacement, restaurant odor abatement systems, storm water protection measures to be incorporated into the site improvements, and noise abatement during construction. All of the recommended mitigations by the ERC have been incorporated into the project conditions. Prepared by. George Schroeder, Assistant Planner Reviewed by. Gary Chao, City Planner and Aarti Shrivastava, Community Development Director Approved for Submission by David W. Knapp, City Manager Attachments: Attachment A: Planning Commission Resolution nos. 6648, 6649, 6650, and 6651 Attachment B: August 9, 2011 Planning Commission staff report and attachments Attachment C: August 9, 2011 Planning Commission hearing draft minutes Attachment D: Plan Set 127 DP- 2011 -03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6648 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF TWO NEW RETAIL BUILDING PADS; 8,136 SQUARE FEET AND 5,086 SQUARE FEET RESPECTIVELY; AND DEMOLITION OF AN EXISTING 4,930 SQUARE FOOT RESTAURANT BUILDING FOR A NET SQUARE FOOTAGE INCREASE OF 8,292 SQUARE FEET LOCATED AT 20750 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: DP- 2011 -03 Applicant: Mark Creedon Property Owner: Byer Properties Location: 20750 Stevens Creek Boulevard (APNs 359 -08 -020, 359 -08 -021, 359 -08 -022, 359 -08- 006, 359 -08 -013) SECTION II: FINDINGS FOR DEVELOPMENT PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Development Permit as described in Section 1. of this Resolution; and WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance 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 WHEREAS, the Planning Commission finds as follows with regard to this application: a) The proposed development, 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; b) The proposed development will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,: A Mitigated Negative Declaration (file no. EA- 2011 -10) is hereby recommended for adoption; and the application for a Development Permit, Application no. DP- 2011 -03 is hereby recommended for approval and that the subconclusions upon which the findings and conditions specified in this resolution are based irk -* Resolution No. 6648 DP- 2011 -03 August 9, 2011 and contained in the Public Hearing record concerning Application no. DP- 2011 -03 as set forth in the Minutes of Planning Commission Meeting of August 9, 2011, 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 June 28, 2011 with a revision date of July 27, 2011 consisting of 27 sheets labeled A0.0, A0.1, A0.2, A0.5, A1.0, A1.1, A3.1, A3.2, A4.0, A4.1, A4.2, A43, A4.4, C -1, C -2, C -3, L1.0, L2.0, L3.0, L4.0, AL1.0, AL1.1. AL1.2, AL2.1, AL2.2, A3.1, and AL3.2, entitled, "PD Set, Crossroads Center, 20730 Stevens Creek Boulevard, Cupertino, CA 95014," drawn by Kahn Design Associates; and on the parking study dated August 3, 2011 consisting of six (6) pages entitled, "Parking Study at 20750 Stevens Creek Boulevard," prepared by Hexagon Transportation Consultants, Inc. 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. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. ASA- 2011 -12, EXC- 2011 -10, and TR- 2011 -30 shall be applicable to this approval. 4. DEVELOPMENT APPROVAL AND PROJECT AMENDMENTS Development Permit approval is granted to for two new retail building pads; 8,136 square feet and 5,086 square feet respectively; and demolition of an existing 4,930 square foot restaurant building for a net square footage addition of 8,292 square feet. The Planning Commission shall review amendments to the project considered major by the Director of Community Development. 5. DEVELOPMENT ALLOCATION The City shall deduct 8,292 square feet from the retail commercial General Plan allocation for the Heart of the City. 6. PARKING APPROVAL AND FUTURE REVIEW The project area total of 625 parking spaces and 1,029 parking spaces in the entire Crossroads Shopping Center is approved with the restaurant limitation described in condition #7. In the event that the shopping center proposes more intense uses requiring more restrictive parking requirements than those shown on the August 3, 2011 Hexagon Transporation Consultants, Inc. report, a parking study (including a parking demand survey) shall be required prior to approval by the Director of Community Development. 7. MAXIMUM PERCENTAGE OF RESTAURANTS IN THE SHOPPING CENTER A maximum of 13.5% or 24,062 square feet of the Crossroads Shopping Center may be occupied by restaurants (or any food - related uses with similar parking demand). The restaurant limitation applies to the portion of the shopping center extending westward from 20568 Stevens Creek Boulevard to 20840 Stevens Creek Boulevard. W Resolution No. 6648 DP- 2011 -03 August 9, 2011 When the shopping center is fully leased, the property owner may request additional restaurant area with a major modification application through the Planning Commission. The application shall include an updated parking study with an onsite parking demand survey. 8. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by paying the housing mitigation fees as per the Housing Mitigation Manual. The estimated mitigation fee for this project is $43,367.16 based on the 2011 -2012 fiscal year rate of $5.23 per square foot of net addition. 9. ODOR ABATEMENT SYSTEMS Odor abatement systems shall be installed for all new restaurant uses in the Cupertino Crossroads Shopping Center. 10. LOT MERGERS Prior to final occupancy, the property owner shall obtain necessary approvals with the City to merge the two existing lots on the east side of the shopping center (APNs 359 -08 -022 and 359 -08 -021) with the main shopping center parcel, APN 359 -08 -020. 11. RECIPROCAL ACCESS AGREEMENTS The property owner shall record reciprocal ingress /egress agreements for the newly merged parcels onto the adjacent parcels in the shopping center. The agreement shall be approved by the City and recorded on the property as a covenant prior to final occupancy. 12. TDM MEASURES The Director of Community Development has the ability to require additional transportation demand management measures to address any future parking concerns. Examples of transportation demand management measures may include, but are not limited to: a) Transit improvements b) Non - motorized improvements c) Shift peak- shared parking d) Guaranteed ride home e) Car sharing f) Taxi service g) Pricing 13. FINAL PLAZA (WEST OF BUILDING F)DESIGN The final plaza (located between Building F and Pizza Hut, and leading up to the large Oak tree identified as tree #37 in Arbor Resources' July 22, 2011 arborist report) design shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The plaza shall incorporate design features, including, but not limited to, outdoor seating, tree grates, furniture, public art, linear pedestrian paths, and other features deemed appropriate by the Director of Community Development to contribute to activating the space leading to the sidewalk. 14. FUTURE BUILDING PAD WEST OF BUILDING F The conceptual future building pad west of Building F (identified as Building G on sheet AU of the development plans) is not approved and is shown for illustrative purposes only. Final design and site details must be reviewed and approved by the City. The project shall be subject to a Development Permit, Architectural and Site Approval, and other applications as deemed necessary. 11919 Resolution No. 6648 DP- 2011 -03 August 9, 2011 15. FINAL BUILDINGDESIGN The final plans must address the following recommendations and shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The Director of Community Development may approve additional designs not listed below or make variations as deemed appropriate. Building E: a) Consider metal canopies (with visible supports) above the corner tenant space entries b) Consider lights near doors and above wall signage c) Use opaque or frosted glass panels where more interior wall area is necessary d) Widen glazed areas with glass side panels e) Decrease the size of pilasters f) Consider a low wall with project signage (may be deferred to the final sign program) g) Add one or more wide stairs from the sidewalk to the building entrance h) Visually strengthen the pedestrian link between the pad and center with landscaping and special paving Building F: a) Consider replacing the stucco eyebrow on the front elevation with a metal canopy b) Consider adding a cap or light bar on the entry tower to match the metal canopy on the building frontage c) Consider using metal for all trellises d) Substantially open up the street - facing elevation with windows and /or doors all the way to the ground to the maximum extent possible. e) Use landscaping to enhance the sense of entry i) Use signs, graphics, or art to enhance the entry image from the street (may be deferred to the final sign program) 16. MAIN BUILDING ENTRANCE The main building entrance for the tenants of Building E shall be located on the Stevens Creek Boulevard side. The entrance doors facing Stevens Creek Boulevard are to be kept open and free of any obstructions. No more than 25% of each window bay shall be obstructed with signage, opaque store materials, etc. Boarding, closure, or painting of windows is not permitted. 17. SIGNAGE Signage is not approved with this application. Signage shall conform to the City Sign Ordinance (Title 17 of the Cupertino Municipal Code) and Heart of the City Specific Plan. 18. MASTER SIGN PROGRAM A separate master sign program application for the entire Crossroads Shopping Center is required for this project prior to final occupancy. The sign program shall be reviewed and approved by the Director of Community Development. 19. SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/ colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 131 Resolution No. 6648 DP- 2011 -03 August 9, 2011 20. SITE LIGHTING All new lighting must conform to the standards in the General Commercial (CG) Ordinance, and the final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Community Development Director prior to building permit issuance. 21. TRASH AND DELIVERY ACTIVITIES A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall specify locations of trash facilities, refuse pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 22. RESTRICTED DELIVERY AND PICKUP HOURS In accordance with the City's Community Noise Control Ordinance, vehicular deliveries and pickups (with the of refuse pickups) are restricted between the hours of 8 pm and 8 am Monday through Friday and 6 pm and 9 am on Saturday and Sunday. 22. RESTRICTED DELIVERY TRUCK ENTRANCE AND SIGNAGE Delivery and trash trucks shall be restricted from ingress access through the driveway along the west side of the building. Additional onsite signage and other appropriate mitigation measures will be required if future reports of violations occur. 23. NOISE MITIGATION MEASURES The project and retail operations shall comply with the City's Community Noise Control Ordinance (Chapter 10.48 of the CMC). In addition, the following mitigation measures shall be taken in order to reduce noise event impacts to nearby receptor areas: a) Delivery trucks shall be turned off while unloading products at the loading dock. b) Construction equipment shall be have quiet design features, be well - maintained, and have a high quality muffler system. c) Temporary plywood enclosures shall be erected around stationary equipment that produces excessive noise at nearby receptors. d) Unnecessary idling of machines when not in use shall be prohibited. e) Good maintenance and lubrication procedures shall be used to reduce operating noise. 24. TREE PROTECTION Prior to building permit issuance, the tree protection measures contained in Arbor Resources' arborist report dated July 22, 2011 shall be implemented as deemed appropriate by the Director of Community Development for the trees to be retained. The City's consulting arborist shall verify that the tree protection measures are in place prior to construction/ demolition. The tree protection measures shall be placed in the construction plan set and posted on tree protection fences. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 25. TREE MITIGATION MEASURES Tree mitigation measures contained in Arbor Resources' arborist report dated July 22, 2011 shall be implemented as deemed appropriate by the Director of Community Development to minimize the impacts of the project on the existing trees. The construction plans shall demonstrate compliance with the mitigation measures. iRVA, Resolution No. 6648 DP- 2011 -03 August 9, 2011 26. ADDITIONAL TREE MAINTENANCE/EVALUATION Additional tree maintenance and evaluation measures contained in Arbor Resources' arborist report dated July 22, 2011 shall be implemented prior to final occupancy as deemed appropriate by the Director of Community Development. 27. FRONTAGE DETAILS The final street frontage details, including, but not limited to sidewalk paving material, street furniture, landscaping and tree selection shall be subject to review and approval by the Director of Community Development prior to building permit issuance. In addition, the final sidewalk paver design shall allow anchoring to adequately support the bus shelter. 28. LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per section 14.15.040 of the Landscaping Ordinance. The Water - Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. 29. LANDSCAPE INSTALLATION REPORT A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune -up, system test with distribution uniformity, reporting overspray or run -off that causes overland flow, and preparation of an irrigation schedule. The landscape - installation report shall include the following statement: "The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit." 30. LANDSCAPE AND IRRIGATION MAINTENANCE A maintenance schedule shall be established and submitted to the Director of Community Development or his /her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. a) Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b) Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de- thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 31. UTILITY STRUCTURES All new utility structures shall be located underground or screened from public view to the satisfaction of the Director of Community Development and Public Works. 32. PRE - CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN Prior to commencement of construction activities, the applicant shall arrange for a pre - construction `[CIC? Resolution No. 6648 DP- 2011 -03 August 9, 2011 meeting with the pertinent departments (Building, Planning, and Public Works) to review an applicant- prepared construction management plan including, but not limited to, plan for compliance with conditions of approval, staging of construction equipment, tree protection, public access, and noise and dust control. 33. CONSTRUCTION HOURS Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays. The developer shall be responsible for educating all contractors and subcontractors of said construction restrictions. Rules and regulation pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of a developer appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. 34. 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 were recycled prior to issuance of final demolition permits. 35. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: a) Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non -toxic stabilizers or dust palliatives. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; c) Pave, apply water at least three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. e) The applicant shall incorporate the City's construction best management practices into the building permit plan set. 36. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatments and /or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The final building exterior plan shall closely resemble the details shown on the original approved plans. Any exterior changes determined to be substantial by the Director of Community Development shall require a modification approval. 37. 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. 38. 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, WE Resolution No. 6648 DP- 2011 -03 August 9, 2011 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. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. TRAFFIC SIGNAL IMPROVEMENTS The developer shall agree to fund up to $25,000 for the purpose of upgrading the traffic signal at Bandley Drive and Stevens Creek Boulevard. The developer shall submit a bond for this purpose which will be released 90 days after installation of the upgrades. 2. MEDIAN IMPROVEMENTS The developer shall agree to fund up to $25,000 for the purpose of upgrading the traffic median on Stevens Creek Boulevard, east of Bandley Drive and west of De Anza Boulevard. The developer shall submit a bond for this purpose which will be released 90 days after installation of the upgrades. 3. STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 4. SIDEWALK 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. 5. 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. 6. 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. 7. 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. 8. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 9. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 135 Resolution No. 6648 DP- 2011 -03 August 9, 2011 10. 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. 11. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with California Water Services Company for water service to the subject development. 12. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 13. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG &E, PacBell, and California Water Company, and /or equivalent agencies) will be required prior to issuance of building permits. 14. 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. 15. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post - development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on -site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the one percent flood water surface elevation, to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. 16. 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. 17. 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. 18. 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. 19. NPDES CONSTRUCTION GENERAL PERMIT The developer must obtain a Notice of Intent (NOI) from the State Water Resources Control Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of 11919 Resolution No. 6648 DP- 2011 -03 August 9, 2011 construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 20. 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, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 21. 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. 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 $ Per current fee schedule $ Per current fee schedule $ 2,000.00 $ TBD ** N/A N/A 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 Improvements 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. 22. BUS STOP LOCATION The developer shall improve bus stops on Stevens Creek Boulevard to the satisfaction of the City Engineer; this may include consistent shelters for the bus stops, but will not include duck outs or relocation of the bus stops. WYA Resolution No. 6648 DP- 2011 -03 August 9, 2011 23. 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 Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 24. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 25. BICYCLE PARKING The developer shall provide bicycle parking consistent with the City's requirements to the satisfaction of the City Engineer. 26. OPERATIONS & MAINTENANCE AGREEMENT The developer shall enter into an Operations & Maintenance Agreement with the City prior to final occupancy. The Agreement shall include the operation and maintenance for non - standard appurtenances in the public road right -of -way that may include, but is not limited to, sidewalk, pavers, and street lights. 27. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 28. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 29. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 30. SANTA CLARA WATER DISTRICT CLEARANCE Provide Santa Clara water district approval before recordation of the final map. The developer shall pay for and obtain Water District permit for activities or modifications within the District easement or fee right of way or affecting District facilities. SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT FIRE SPRINKLER SYSTEM Both buildings are shown as having fire sprinkler systems. An automatic sprinkler system shall be provided throughout all new buildings and structures. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do not exceed 1,000 square feet of building area and that are not located in the Wildland -Urban Interface Fire Area. A State of California licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sections 903.2.1 through 903.2.18, as adopted and amended by CUPMC. iF91- Resolution No. 6648 DP- 2011 -03 August 9, 2011 2. POTABLE WATER SUPPLIES Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water -based fire protection system, and /or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 3. FIRE DEPARTMENT ACCESS Page A0.2 of the plans illustrates turn radius for emergency vehicular access. Minimum clear height: Vertical clearance over required vehicular access roads and driveways shall be 13'6 ". Turn radius (circulating): The minimum outside turning radius is 42 feet for required access roadways. Greater radius up to 60 feet may be required where the Fire Department determines that Ladder Truck access is required. Circulating refers to travel along a roadway without dead ends. CFC Sec. 503 plans appear to show compliance with this requirement. 4. PUBLIC FIRE HYDRANT(S) REQUIRED Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1,500 GPM at 20 PSI, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. 5. PREMISES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505. 6. CONSTRUCTION PLAN NOTES To prevent plan review and inspection delays, the above noted Development Review Conditions shall be addressed as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 1. SANITARY SEWER AVAILABILITY Sanitary sewer is currently available for the subject parcel. 2. IMPROVEMENT PLANS Improvement plans shall be submitted to the District for review and comments. 3. FEES AND PERMITS Cupertino Sanitary District fees and permits will be required. `BUO Resolution No. 6648 DP- 2011 -03 August 9, 2011 PASSED AND ADOPTED this 9th day of August, 2011, Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Brownley NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Sun ATTEST: APPROVED: /s /Gary Chao /s /Winne Lee Gary Chao Winnie Lee, Chair City Planner Planning Commission G: A Planning \ PDREPORT \ RES \ 2011 � DP- 2011 -03 res.doc `L[I; ASA- 2011 -12 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6649 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR FOR TWO NEW RETAIL BUILDING PADS AND ASSOCIATED SITE IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO PARKING LOT RE- ORIENTATION, LIGHTING, LANDSCAPING, AND STREET FRONTAGE IMPROVEMENTS CONSISTENT WITH THE HEART OF THE CITY SPECIFIC PLAN LOCATED AT 20750 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: ASA- 2011 -12 Applicant: Mark Creedon Property Owner: Byer Properties Location: 20750 Stevens Creek Boulevard (APNs 359 -08 -020, 359 -08 -021, 359 -08 -022, 359 -08- 006, 359 -08 -013) SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval as described in Section I. of this Resolution; and WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance 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 WHEREAS, the Planning Commission finds as follows with regard to this application: 1. The proposal, 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 proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: a) Abrupt changes in building scale have been avoided. A gradual transition related to height and bulk has been achieved between new and existing buildings. b) Design harmony between new and existing buildings have been preserved and the materials, textures and colors of new buildings harmonize with adjacent development with design and color schemes, and with the future character of the neighborhood and purposes of the zone in 141 Resolution No. 6649 ASA- 2011 -12 August 9, 2011 which it is situated. The location, height and materials of walls, fencing, ,hedges and screen planting harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots have been concealed. Ground cover or various types of pavements have been used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees have been avoided. Lighting for development is adequate to meet safety requirements as specified by the engineering and building departments, and shielding to adjoining property owners. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures have been designed to minimize traffic hazard, positively affect the general appearance of the neighborhood and harmonize with adjacent development, d) This new development, abutting an existing residential development, has been designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof,: A Mitigated Negative Declaration (file no. EA- 2011 -10) is hereby recommended for adoption; and The application for an Architectural and Site Approval, Application no. ASA- 2011 -12 is hereby recommended for approval, 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 no. ASA- 2011 -12 as set forth in the Minutes of Planning Commission Meeting of August 9, 2011, 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 June 28, 2011 with a revision date of July 27, 2011 consisting of 27 sheets labeled A0.0, A0.1, A0.2, A0.5, A1.0, A1.1, A3.1, A3.2, A4.0, A4.1, A4.2, A4.3, A4.4, C -1, C -2, C -3, L1.0, L2.0, L3.0, L4.0, AL1.0, AL1.1. AL1.2, AL2.1, AL2.2, A3.1, and AL3.2, entitled, "PD Set, Crossroads Center, 20730 Stevens Creek Boulevard, Cupertino, CA 95014;' drawn by Kahn Design Associates except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP- 2011 -03, EXC- 2011 -10, and TR- 2011 -30 shall be applicable to this approval. 3. 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. EVA Resolution No. 6649 ASA- 2011 -12 August 9, 2011 PASSED AND ADOPTED this 9th day of August, 2011, at a regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Brownley NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Sun ATTEST: APPROVED: /s /Gary Chao Gary Chao City Planner /s /Winne Lee Winnie Lee, Chair Cupertino Planning Conunission 143 EXC- 2011 -10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6650 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN TO ALLOW A 26 FOOT FRONT SETBACK FOR A NEW 5,086 RETAIL PAD BUILDING WHERE A 35 FOOT FRONT SETBACK IS REQUIRED LOCATED AT 20750 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: EXC- 2011 -10 Applicant: Mark Creedon Property Owner: Byer Properties Location: 20750 Stevens Creek Boulevard (APNs 359 -08 -020, 359 -08 -021, 359 -08 -022, 359 -08- 006, 359 -08 -013) SECTION II: FINDINGS FOR HEART OF THE CITY SPECIFIC PLAN EXCEPTION WHEREAS, the Planning Commission of the City of Cupertino received an application for a Height Exception as described in Section I. of this Resolution; and WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one Public Hearing on this matter; and WHEREAS, the Planning Commission finds the following with regards to the Heart of the City Specific Plan Exception for this application: 1. The proposed development is otherwise consistent with the City's General Plan and with the goals of this specific plan and meets the criteria that unique surrounding land uses make it difficult to adhere to the development standards. 2. The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. 3. The proposed development will not create a hazardous condition for pedestrian vehicular traffic. 4. The proposed development has legal access to public streets and public services are available to serve the development. 5. The proposed development requires an exception, which involves the least modification of, or deviation from, the development regulations prescribed in this chapter necessary to accomplish a reasonable use of the parcel. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof,: ME Resolution No. 6650 EXC- 2011 -10 August 9, 2011 Page 2 A Mitigated Negative Declaration (file no. EA- 2011 -10) is hereby recommended for adoption; and the application for an Exception to the Heart of the City Specific plan, Application no. EXC- 2011 -10 is hereby recommended for approval, 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 no.(s) EA- 2011 -10 and EXC- 2011 -10 as set forth in the Minutes of Planning Commission Meeting of August 9, 2011, 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 June 28, 2011 with a revision date of July 27, 2011 consisting of 27 sheets labeled A0.0, A0.1, A0.2, A0.5, A1.0, A1.1, A3.1, A3.2, A4.0, A4.1, A4.2, A4.3, A4.4, C -1, C -2, C -3, L1.0, L2.0, L3.0, L4.0, AL1.0, AL1.1. AL1.2, AL2.1, AL2.2, A3.1, and AL3.2, entitled, "PD Set, Crossroads Center, 20730 Stevens Creek Boulevard, Cupertino, CA 95014," drawn by Kahn Design Associates except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP- 2011 -03, ASA- 2011 -12, and TR- 2011 -30 shall be applicable to this approval. 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. PASSED AND ADOPTED this 9th day of August 2011, at a regular meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Brownley NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Sun ATTEST: APPROVED: /s/ Gary Chao /s /Winne Lee Gary Chao Winnie Lee, Chair City Planner Planning Commission G: \ Planning \ PDREPORT � RES \2011 \ EXC - 2011 -10 Res.doc 145 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6651 TR- 2011 -30 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF THE REMOVAL AND REPLACEMENT OF 79 TREES WITHIN AN EXISTING SHOPPING CENTER PARKING LOT IN CONJUNCTION WITH THE PROPOSED NEW DEVELOPMENT LOCATED AT 20750 STEVENS C REEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: TR- 2011 -30 Applicant: Mark Creedon Property Owner: Byer Properties Location: 20750 Stevens Creek Boulevard (APNs 359 -08 -020, 359 -08 -021, 359 -08 -022, 359 -08- 006, 359 -08 -013) SECTION II: FINDINGS FOR TREE REMOVAL WHEREAS, the Planning Commission of the City of Cupertino received an application for tree removal, as described in Section I of this Resolution; and WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; 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 at least one public hearing on this matter; and WHEREAS, the Planning Commission finds the following with regard to this application: 1. That the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on -site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; 2. That the protected tree(s) are a detriment to the subject property and cannot be adequately supported according to good urban forestry practices due to the overplanting or overcrowding of trees on the subject property. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof,: A Mitigated Negative Declaration (file no. EA- 2011 -10) is hereby recommended for adoption; the application for a Tree Removal Permit, Application no. TR- 2011 -30, is hereby recommended for approval, 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 no. TR- 2011 -30 as set forth in the Minutes of Planning Commission Meeting of August 9, 2011, and are incorporated by reference as though fully set forth herein. iu Resolution No, 6651 TR- 2011 -30 August 9, 2011 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED REMOVALS The approval is based on the arborist report prepared by Arbor Resources dated fuly 22, 2011 entitled, "An Arborist Review of the Proposed Renovations at the Crossroads Shopping Center, Buildings E and F, 20730 Stevens Creek Boulevard, Cupertino, California," except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP- 2011 -03, ASA- 2011 -12, and EXC- 2011 -10 shall be applicable to this approval. 3. REQUIRED TREE REPLACEMENTS The applicant shall be required to plant at least eighty -five (85) 24 -inch box trees on the property and street frontage, in accordance with the City's Protected Trees Ordinance. The required replacement trees shall be planted prior to final occupancy of the project associated with file nos. DP- 2011 -03, ASA- 2011 -12, and EXC- 2011 -10. 4. ADDITIONAL TREE REPLACEMENTS The Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary. The final tree replacement plan shall be reviewed and approved prior to final building approval. 5. 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. PASSED AND ADOPTED this 9th day of August 2011, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Brownley NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Sun ATTEST: APPROVED: /s /Gary Chao Gary Chao City Planner /s /Winne Lee Winne Lee, Chair Planning Commission iWA OFFICE OF COMMUNITY DEVELOPMENT CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 (408) 777 -3308 • FAX (408) 777 -3333 • Planning @cupertino.org PLANNING COMMISSION STAFF REPORT Agenda Item No. 1 Agenda Date: August 9, 2011 Applications: DP- 2011 -03, ASA- 2011 -12, EXC- 2011 -10, TR- 2011 -30 Applicant: Mark Creedon (Byer Properties) Location: 20750 Stevens Creek Boulevard (APNs 359 -08 -020, 359 -08 -021, 359 -08 -022, 359 -08- 006, 359 -08 -013) APPLICATION SUMMARY: 1. Development Permit (DP- 2011 -03) to allow the construction of two new retail building pads; 8,136 square feet and 5,086 square feet respectively; and demolition of an existing 4,930 square foot restaurant building for a net square footage increase of 8,292 square feet. 2. Architectural and Site Approval (ASA- 2011 -12) for two new retail building pads and associated site improvements, including, but not limited to parking lot re- orientation, lighting, landscaping, and street frontage improvements consistent with the Heart of the City Specific Plan. 3. Exception to the Heart of the City Specific Plan (EXC- 2011 -10) to allow a 26 foot front setback for a new 5,086 retail pad building where a 35 foot front setback is required. 4. Tree Removal Permit (TR- 2011 -30) to allow the removal and replacement of 79 trees within an existing shopping center parking lot in conjunction with the proposed new development. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the following to the City Council: 1. Mitigated Negative Declaration (EA- 2011 -10); 2. Development Permit (DP- 2011 -03); 3. Architectural and Site Approval (ASA- 2011 -12); 4. Exception to the Heart of the City Specific Plan (EXC- 2011 -10); and 5. Tree Removal Permit (TR- 2011 -30) in accordance with the model resolutions. PROTECT DATA: General Plan Designation Commercial /Office /Residential Specific Plan Heart of the City (Crossroads Area) Zoning Designation P (Planned Development) Environmental Assessment Mitigated Negative Declaration (EA- 2011 -10) Lot Size (5 parcels) 236,966 square feet (5.44 acres) Existing Shopping Center Building Area 136,590 s.f. Proposed Building E +8,136 s.f. Proposed Building F +5,086 s.f. W -01 • DP- 2011 -03, ASA- 2011 -02, Crossroads Shopping Center Building Pads August 9, 2011 EXC- 2011 -10, TR- 2011 -30 Proposed Demolition -4,930 s.f. Total Proposed Shopping 144,882 s.f. (8,289 s.f. net) Center Building Area Required/Allowed Proposed Building E Setback Front: 35 feet from edge of curb Front: 40 feet Side: 0 feet if promoting Side: 90 feet (east) and 41.5 feet (west) pedestrian access Rear: 1.5 times the height of the Rear: 94 feet Building F Setback Front: 26 feet (exception requested) building Side: 35.5 feet (east) 492 feet (west) Rear: 320 feet Building E Height 45 feet 30 feet Building F Height 26 feet Project Area Auto Parking 705 stalls 625 stalls (alternative parking rate proposed) Project Area Bicycle Parking 36 Class II 37 Class 11 BACKGROUND: Existing Center and Surroundings The project site is situated on five (5) parcels within the Cupertino Crossroads Shopping Center (The Crossroads), located on the south side of Stevens Creek Boulevard generally between the termini of Bandley Drive and Saich Way. The majority of the shopping center is owned by Byer Properties, from the current Vista Eye Center to Fontana's Restaurant. The Mardesich Co. owns everything eastward to South De Anza Boulevard. Adjacent and across the street land uses include single - family residential to the south; the Bottegas Shopping Center to the north; commercial retail and restaurants to the west; and the Mardesich Co.- owned portion of the Crossroads shopping center to the east. Recent City Approvals In April 2011, the Planning Commission approved an Architectural and Site Approval (ASA- 2011 -02) for fagade, landscaping, parking lot, lighting and sidewalk enhancements including the demolition of 2,400 square feet from the rear loading area at the former Mervyn's department store site as well as a Tree Removal Permit (TR- 2011 -07) for the removal and replacement of 31 trees. In June 2011, the Director of Community Development approved a Tree Removal Permit (TR- 2011 -29) for the removal and replacement of an additional six (6) trees. Construction and demolition is currently underway to accommodate the future TJ Maxx tenant. DISCUSSION: New Buildings The proposed project consists of the core and shell construction of two new retail building pads (Building E - 8,136 square feet and Building F - 5,086 square feet) along the Stevens Creek Boulevard street frontage. The former 4,930 square foot Marie Callender's restaurant building is proposed to be demolished and replaced with Building F. The project proposes a net gain of 8,289 square feet to the center and will leave a balance of 107,190 square feet in the Heart of the City General Plan Development Allocation. The applicant is requesting an Exception to the Heart of the City Specific Plan for Building F to encroach 9 feet into the required 35 foot setback from the curb. 229 DP- 2011 -03, ASA- 2011 -02, Crossroads Shopping Center Building Pads August 9, 2011 EXC- 2011 -10, TR- 2011 -30 Site Improvements Site improvements proposed are summarized as follows: Public sidewalk, landscaping, and street furniture enhancements along the street frontage, consistent with the Heart of City Specific Plan and similar to the Peet's Coffee/ Panera Bread building on Stevens Creek Boulevard Parking lot improvements (resurfacing, re- orientation of parking spaces, low water use landscaping, storm water facilities) to maximize parking capacity and to enhance efficiency, onsite permeability and pedestrian safety ➢ New pedestrian plaza between Building F and existing Pizza Hut building ➢ New fountain behind Building E New trash enclosures for each building Outdoor seating areas ➢ New pedestrian scale, building, and parking lot lighting throughout the project site Architectural Review The applicant has designed Building E to generally reflect the architectural theme of the Crossroads with colored ceramic tile at the bases, a combination of gable and parapet roofs, arched entries, pilasters, and a series of columns to define the tenant spaces. Building F is designed to reflect the unique style requirements for the tenant, Islands Restaurant, with more modern forms and building materials. The colors of Building E match that of the existing shopping center while Building F proposes warmer colors 230 Proposed Areas of Work Diagram DP- 2011 -03, ASA- 2011 -02, Crossroads Shopping Center Building Pads August 9, 2011 EXC- 2011 -10, TR- 2011 -30 (see Attachment 1 for the color and material sheet). Both buildings will be incorporating several green building features, including low- emissivity window glazing, cool roofs, and sun shading devices. The City's Architectural Consultant has reviewed both buildings and recommended additional architectural enhancements as illustrated in Attachment 2. As a condition of the project, the applicant is required to work with staff during the building permit phase to finalize the architectural details. In addition, the final design of the plaza between Building F and the existing Pizza Hut building shall be subject to the review and approval of the Director of Community Development prior to issuance of building permits. Heart of the City Front Setback Exception The project proposes to comply with all of the Heart of the City Specific Plan requirements, except for the proposed front yard setback for Building F. The Heart of the City Specific Plan requires a minimum 35 -foot front setback to the edge of the curb along Stevens Creek Boulevard. The applicant proposes an average of approximately 31 feet (a minimum setback of 26 feet) in order to create wall articulations and visual interest in the design of the building, while also maximizing the necessary retail square footage for the prospective tenant. The setback encroachment allows for a more attractive and active streetscape, similar to the frontage detail in front of the existing Peet's Coffee /Panera Bread building further west on Stevens Creek Boulevard. The City has granted similar setback exceptions in 2004 for the Peet's Coffee /Panera Bread building and in 2007 for the new retail building at the corner of Tantau Avenue and Stevens Creek Boulevard (not yet constructed). In both cases, the approved building setbacks were an average of approximately 35 feet along Stevens Creek Boulevard. Given the constraints of the project site, the setback exception is necessary in order to facilitate sufficient area towards the rear of the building to maximize the parking lot layout and retain a large Oak tree in the parking lot. It should be noted that the required 26 -foot landscape easement/ public sidewalk area is provided by the project to ensure that the frontage sidewalk and landscaping details are consistent with the commercial district. Parking The project proposes 625 parking spaces or 4.32 spaces per 1,000 square feet (ksf). Comprehensively, when taking into effect the total parking for the entire shopping center, the project proposes a total of 1,029 parking spaces or a rate of 4.68 spaces per ksf. The City's Parking Ordinance requires the project to provide a total of 705 parking spaces (if assuming that all tenants in Building E would potentially be restaurant uses) at a rate of 4.88 spaces per ksf — resulting in a deficit of 80 stalls. The Ordinance provides for alternative parking considerations through a parking study prepared by a licensed traffic /parking engineer. Hexagon Transportation Consultants, Inc. was retained by the City to conduct a parking study for the project (see Attachment 3). The study provides the following conclusions about the project's parking sufficiency: • Using the Institute of Transportation Engineers (ITE) manual standards, the parking provided by the project exceeds the 85th percentile parking demand for similar shopping centers (4.30 per ksf). • Using recent parking survey data in the three local shopping centers with similar tenant mixes (Homestead Square, Mariposa, and Grand Park Plaza shopping centers), the study concluded that based on the highest surveyed rate, a conservative share of restaurant space (15% of the center), the seasonal adjustment factor, and a circulation factor of 10 %, the parking provided by the project exceeds the parking survey rate of 4.20 spaces per ksf. 251 DP- 2011 -03, ASA- 2011 -02, Crossroads Shopping Center Building Pads August 9, 2011 EXC- 2011 -10, TR- 2011 -30 Other factors were also taken into consideration such as that additional parking demand savings can be assumed from people combining shopping trips from one store to the other and the fact that the site is also served by a VTA bus stop with 37 Class II bicycle parking spaces. Hexagon concludes that the parking proposed by the project is adequate. Tree Removals and Replacements The project proposes to remove 79 trees in the two parking lots near the project areas of work. Most removals occur in Parking Lot A, near Pier 1 Imports and Building E. It should be noted that none of the trees removed are protected species. The majority of the trees in question were identified by the City's Consulting Arborist as being over - pruned and predisposed to decline and /or structural defects (see Attachment 4). No trees were identified as having a high suitability for preservation, however, nine (9) will be retained onsite, including a large Oak tree to the rear of Pizza Hut. The project is required to fulfill the recommendations contained in the arborist report in order to protect and increase the longevity of the trees to be retained. In order to mitigate the trees being removed, the project proposes to plant 90 low and medium water use 24 -inch box trees in the parking lot and street frontage, consistent with the replacement requirements of the Protected Tree Ordinance and landscape design concept of the Heart of the City Specific Plan. Staff supports the tree removals since they allow for a safer, more efficient pedestrian and vehicle circulation system. Further, the proposed parking lot modifications and the replacement trees will visually enhance the shopping center environment. Public Outreach The applicant mailed out notices to property owners within 300 feet of the project, inviting them to attend a neighborhood meeting (see Attachment 5). On July 27, 2011, the applicant hosted the neighborhood meeting inside the Marie Callender's building. The meeting was attended by the applicant and five (5) neighbors. Comments were similar to those received at the March 28, 2011 neighborhood meeting for the TJ Maxx architectural and site approval project (see Attachment 6). Neighbors had concerns about the storage of shipping containers along the rear property line, delivery truck operations during early morning and late night hours, and glare from onsite lighting. The project has been conditioned accordingly and similarly to the TJ Maxx approval, by restricting storage of materials along the rear property line, only allowing deliveries within the hours specified by the City's Noise Ordinance, and requiring that the final lighting plan be reviewed for compliance with the lighting standards in the City's Parking Ordinance. Other Key Conditions of Approval Lot Mergers In accordance with City policy, the property owner will be required to merge two large, slender lots with the larger shopping center parcel containing Building E and the future TJ Maxx tenant. Odor Abatement Systems In accordance with City policy and to mitigate odor impacts, all new restaurants within the shopping center shall install odor abatement systems prior to occupancy. Building E Tenant Entrance In order to maintain an active street presence, future tenants in Building E will be required to have their main entrance face the street and keep their windows and doors free of obstructions. 252 DP- 2011 -03, ASA- 2011 -02, Crossroads Shopping Center Building Pads August 9, 2011 EXC- 2011 -10, TR- 2011 -30 Signage The applicant has provided conceptual designs for signage for illustrative purposes only. These conceptual signs are not a part of this application. A separate application for review and approval of a sign program and signage will be required for the project as a condition of approval. The sign program shall be comprehensive and provide sign criteria for the entire shopping center. Other Department /Agency Review The City's Public Works Department, Building Division, the Santa Clara County Fire Department, the Cupertino Sanitary District, and the Santa Clara Valley Transportation Authority (VTA) reviewed the project and have no objections to the project. Their pre- hearing comments have been incorporated as conditions of approval. In order to address VTA's comments, a condition has been added to require the developer enter into a maintenance agreement with the City to ensure proper maintenance of the sidewalk path near the existing bus stop. In addition, the final sidewalk paver design shall allow anchoring to adequately support the bus shelter. Intersection Mitigation While the project is not anticipated to create significant traffic impacts to the area, the level of pedestrian and vehicular activities are expected to increase at the intersection of Stevens Creek and Bandley. Consequently, the Public Works Department has conditioned the project to contribute to the improvements of the traffic signal and median at Stevens Creek and Bandley to accommodate the potential increased vehicular and pedestrian activities. The City will observe the intersection as tenants occupy the building and will apply the improvement measures accordingly. Environmental Assessment On July 21, 2011, the Environmental Review Committee recommended a Mitigated Negative Declaration (EA- 2011 -10, see Attachment 7) for the project per the California Environmental Quality Act (CEQA). The project includes the following mitigation measures to reduce the potential environmental impacts of the project to less than significant levels: • Scenic Resources: Tree replacements required by the City's Protected Tree Ordinance • Objectionable Odors: Condition of Approval requirement for restaurant odor abatement systems • Water Quality and Runoff: Implementation of storm water best management practices (BMPs); construction of parking lot bio- swale; drainage provided to the satisfaction of the City Engineer • Temporary Noise Levels: Construction and deliveries shall comply with the City's Noise Ordinance and noise mitigation measures recommended in a previous noise impact study conducted onsite (see Attachment 8). Prepared by: George Schroeder, Assistant Planner Reviewed by: /s/ Gary Chao Gary Chao City Planner Approved by: /s /Aarti Shrivastava Aarti Shrivastava Community Development Director ATTACHMENTS: Draft Resolutions Attachment 1: Color and material sheet Attachment 2: Crossroads Center Pads suggestions by Cannon Design Review dated July 27, 2011 263 DP- 2011 -03, ASA- 2011 -02, Crossroads Shopping Center Building Pads August 9, 2011 EXC- 2011 -10, TR- 2011 -30 Attachment 3: Parking Study by Hexagon Transportation Consultants, Inc., dated August 3, 2011 Attachment 4: Arborist Report by Arbor Resources, dated July 22, 2011 Attachment 5: Applicant's invitation letter for the neighborhood meeting Attachment 6: Neighborhood meeting notes from Kahn Design Associates dated July 27, 2011 Attachment 7: Initial Study, Mitigation Measures, and Mitigated Negative Declaration (EA- 2011 -10) Attachment 8: Noise Impact and Mitigation Study by Stan Shelly, Environmental Consulting Services, dated March 24, 2011 Plan Set 2554 DP- 2011 -03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF TWO NEW RETAIL BUILDING PADS; 8,136 SQUARE FEET AND 5,086 SQUARE FEET RESPECTIVELY; AND DEMOLITION OF AN EXISTING 4,930 SQUARE FOOT RESTAURANT BUILDING FOR A NET SQUARE FOOTAGE INCREASE OF 8,292 SQUARE FEET LOCATED AT 20750 STEVENS CREEK BOULEVARD SECTION 1: PROTECT DESCRIPTION Application No.: DP- 2011 -03 Applicant: Mark Creedon Property Owner: Byer Properties Location: 20750 Stevens Creek Boulevard (APNs 359 -08 -020, 359 -08 -021, 359 -08 -022, 359 -08 006, 359 -08 -013) SECTION II: FINDINGS FOR DEVELOPMENT PERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Development Permit as described in Section I. of this Resolution; and WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance 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 WHEREAS, the Planning Commission finds as follows with regard to this application: a) The proposed development, 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; b) The proposed development will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,: A Mitigated Negative Declaration (file no. EA- 2011 -10) is hereby recommended for adoption; and the application for a Development Permit, Application no. DP- 2011 -03 is hereby recommended for approval and that the subconclusions upon which the findings and conditions specified in this resolution are based 285 Resolution No. DP- 2011 -03 August 9, 2011 and contained in the Public Hearing record concerning Application no. DP- 2011 -03 as set forth in the Minutes of Planning Commission Meeting of August 9, 2011, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS Approval is based on the plan set dated June 28, 2011 with a revision date of July 27, 2011 consisting of 27 sheets labeled A0.0, A0.1, A0.2, A0.5, A1.0, A1.1, A3.1, A3.2, A4.0, A4.1, A4.2, A4.3, A4.4, C -1, C -2, C -3, L1.0, L2.0, L3.0, L4.0, AL1.0, AL1.1. AL1.2, AL2.1, AL2.2, A3.1, and AL3.2, entitled, "PD Set, Crossroads Center, 20730 Stevens Creek Boulevard, Cupertino, CA 95014;' drawn by Kahn Design Associates; and on the parking study dated August 3, 2011 consisting of six (6) pages entitled, "Parking Study at 20750 Stevens Creek Boulevard," prepared by Hexagon Transportation Consultants, Inc. 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. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos applicable to this approval. ASA- 2011 -12, EXC- 2011 -10, and TR- 2011 -30 shall be 4. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS Development Permit approval is granted to for two new retail building pads; 8,136 square feet and 5,086 square feet respectively; and demolition of an existing 4,930 square foot restaurant building for a net square footage addition of 8,292 square feet. The Planning Commission shall review amendments to the project considered major by the Director of Community Development. 5. DEVELOPMENT ALLOCATION The City shall deduct 8,292 square feet from the retail commercial General Plan allocation for the Heart of the City. PARKING APPROVAL AND FUTURE REVIEW The project area total of 625 parking spaces and 1,029 parking spaces in the entire Crossroads Shopping Center is approved based on the list of proposed uses contained in the parking study conducted by Hexagon Transportation Consultants, Inc. on August 3, 2011. In the event that the shopping center requests additional square footage or uses with more restrictive City parking requirements than those shown on the August 3, 2011 report, a parking study, including a parking demand survey shall be required prior to approval by the Director of Community Development. 7. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by paying the housing mitigation fees as per the Housing Mitigation Manual. The estimated mitigation fee for this project is $43,367.16 based on the 2011 -2012 fiscal year rate of $5.23 per square foot of net addition. 296 Resolution No. DP- 2011 -03 August 9, 2011 8. ODOR ABATEMENT SYSTEMS Odor abatement systems shall be installed for all new restaurant uses in the Cupertino Crossroads Shopping Center. 9. LOT MERGERS Prior to final occupancy, the property owner shall obtain necessary approvals with the City to merge the two existing lots on the east side of the shopping center (APNs 359 -08 -022 and 359 -08 -021) with the main shopping center parcel, APN 359 -08 -020. 10. RECIPROCAL ACCESS AGREEMENTS The property owner shall record reciprocal ingress /egress agreements for the newly merged parcels onto the adjacent parcels in the shopping center. The agreement shall be approved by the City and recorded on the property as a covenant prior to final occupancy. 11. TDM MEASURES The Director of Community Development has the ability to require additional transportation demand management measures to address any future parking concerns. Examples of transportation demand management measures may include, but are not limited to: a) Transit improvements b) Non - motorized improvements c) Shift peak- shared parking d) Guaranteed ride home e) Car sharing f) Taxi service g) Pricing 12. FINAL PLAZA (WEST OF BUILDING F)DESIGN The final plaza (located between Building F and Pizza Hut, and leading up to the large Oak tree identified as tree #37 in Arbor Resources' July 22, 2011 arborist report) design shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The plaza shall incorporate design features, including, but not limited to, outdoor seating, tree grates, furniture, public art, linear pedestrian paths, and other features deemed appropriate by the Director of Community Development to contribute to activating the space leading to the sidewalk. 13. FUTURE BUILDING PAD WEST OF BUILDING F The conceptual future building pad west of Building F (identified as Building G on sheet A1.1 of the development plans) is not approved and is shown for illustrative purposes only. Final design and site details must be reviewed and approved by the City. The project shall be subject to a Development Permit, Architectural and Site Approval, and other applications as deemed necessary. 14. FINAL BUILDINGDESIGN The final building designs shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The below design modifications shall be incorporated into the final building design. The Director of Community Development may approve additional designs not listed below or make variations as deemed appropriate. Building E: a) Add metal canopies (with visible supports) above the corner tenant space entries b) Add lights near doors and above wall signage c) Use opaque or frosted glass panels where more interior wall area is necessary d) Widen glazed areas with glass side panels e) Decrease the size of pilasters 367 Resolution No. DP- 2011 -03 August 9, 2011 f) Install a low wall with project signage g) Add one or more wide stairs from the sidewalk to the building entrance h) Visually strengthen the pedestrian link between the pad and center with landscaping and special paving Building F: a) Replace the stucco eyebrow on the front elevation with a metal canopy b) Add a cap or light bar on the entry tower to match the metal canopy on the building frontage c) Use metal for all trellises d) Substantially open up the street - facing elevation with windows and doors all the way to the ground e) Use landscaping to enhance the sense of entry f) Use signs, graphics, or art to enhance the entry image from the street 15. MAIN BUILDING ENTRANCE AND COVENANT The main building entrance for the tenants of Building E shall be located on the Stevens Creek Boulevard side. Prior to final occupancy, the property owner shall record a covenant with the Santa Clara County Recorder's Office agreeing to this and to require the entrance doors facing Stevens Creek Boulevard to be kept open and free of any obstructions. No more than 25% of each window bay shall be obstructed with signage, opaque store materials, etc. Boarding, closure, or painting of windows is not permitted. 16. SIGNAGE Signage is not approved with this application. Signage shall conform to the City Sign Ordinance (Title 17 of the Cupertino Municipal Code) and Heart of the City Specific Plan. 17. MASTER SIGN PROGRAM A separate master sign program application for the entire Crossroads Shopping Center is required for this project prior to final occupancy. The sign program shall be reviewed and approved by the Director of Community Development. 18. SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/ colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 19. SITE LIGHTING All new lighting must conform to the standards in the General Commercial (CG) Ordinance, and the final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Community Development Director prior to building permit issuance. 20. TRASH AND DELIVERY ACTIVITIES A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall specify locations of trash facilities, refuse pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. 358 Resolution No. DP- 2011 -03 August 9, 2011 21. RESTRICTED DELIVERY AND PICKUP HOURS In accordance with the City's Community Noise Control Ordinance, vehicular deliveries and pickups (with the exception of refuse pickups) are restricted between the hours of 8 pm and 8 am Monday through Friday and 6 pm and 9 am on Saturday and Sunday. 22. RESTRICTED DELIVERY TRUCK ENTRANCE AND SIGNAGE Delivery and trash trucks shall be restricted from ingress access through the driveway along the west side of the building. Additional onsite signage and other appropriate mitigation measures will be required if future reports of violations occur. 23. NOISE MITIGATION MEASURES The project and retail operations shall comply with the City's Community Noise Control Ordinance (Chapter 10.48 of the CMC). In addition, the following mitigation measures shall be taken in order to reduce noise event impacts to nearby receptor areas: a) Delivery trucks shall be turned off while unloading products at the loading dock. b) Construction equipment shall be have quiet design features, be well - maintained, and have a high quality muffler system. c) Temporary plywood enclosures shall be erected around stationary equipment that produces excessive noise at nearby receptors. d) Unnecessary idling of machines when not in use shall be prohibited. e) Good maintenance and lubrication procedures shall be used to reduce operating noise. 24. TREE PROTECTION Prior to building permit issuance, the tree protection measures contained in Arbor Resources' arborist report dated July 22, 2011 shall be implemented as deemed appropriate by the Director of Community Development for the trees to be retained. The City's consulting arborist shall verify that the tree protection measures are in place prior to construction/ demolition. The tree protection measures shall be placed in the construction plan set and posted on tree protection fences. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 25. TREE MITIGATION MEASURES Tree mitigation measures contained in Arbor Resources' arborist report dated July 22, 2011 shall be implemented as deemed appropriate by the Director of Community Development to minimize the impacts of the project on the existing trees. The construction plans shall demonstrate compliance with the mitigation measures. 26. ADDITIONAL TREE MAINTENANCE/EVALUATION Additional tree maintenance and evaluation measures contained in Arbor Resources' arborist report dated July 22, 2011 shall be implemented prior to final occupancy as deemed appropriate by the Director of Community Development. 27. FRONTAGE DETAILS The final street frontage details, including, but not limited to sidewalk paving material, street furniture, landscaping and tree selection shall be subject to review and approval by the Director of Community Development prior to building permit issuance. In addition, the final sidewalk paver design shall allow anchoring to adequately support the bus shelter. 28. LANDSCAPE PROTECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per section 14.15.040 of the Landscaping Ordinance. The Water - Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be Resolution No. DP- 2011 -03 August 9, 2011 reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. 29. LANDSCAPE INSTALLATION REPORT A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune -up, system test with distribution uniformity, reporting overspray or run -off that causes overland flow, and preparation of an irrigation schedule. The landscape installation report shall include the following statement: "The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit." 30. LANDSCAPE AND IRRIGATION MAINTENANCE A maintenance schedule shall be established and submitted to the Director of Community Development or his /her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. a) Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b) Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de- thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size - adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 31. UTILITY STRUCTURES All new utility structures shall be located underground or screened from public view to the satisfaction of the Director of Community Development and Public Works. 32. PRE - CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN Prior to commencement of construction activities, the applicant shall arrange for a pre- construction meeting with the pertinent departments (Building, Planning, and Public Works) to review an applicant - prepared construction management plan including, but not limited to, plan for compliance with conditions of approval, staging of construction equipment, tree protection, public access, and noise and dust control. 33. CONSTRUCTION HOURS Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays. The developer shall be responsible for educating all contractors and subcontractors of said construction restrictions. Rules and regulation pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of a developer appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. :1 Resolution No. DP- 2011 -03 August 9, 2011 34. 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 were recycled prior to issuance of final demolition permits. 35. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: a) Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non -toxic stabilizers or dust palliatives. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; c) Pave, apply water at least three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. e) The applicant shall incorporate the City's construction best management practices into the building permit plan set. 36. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatments and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The final building exterior plan shall closely resemble the details shown on the original approved plans. Any exterior changes determined to be substantial by the Director of Community Development shall require a modification approval. 37. 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. 38. 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. SECTION W: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL IMPROVEMENTS The developer shall agree to fund up to $25,000 for the purpose of upgrading the traffic signal at Bandley Drive and Stevens Creek Boulevard. The developer shall submit a bond for this purpose which will be released 90 days after installation of the upgrades. 351 Resolution No. DP- 2011 -03 August 9, 2011 2. MEDIAN IMPROVEMENTS The developer shall agree to fund up to $25,000 for the purpose of upgrading the traffic median on Stevens Creek Boulevard, east of Bandley Drive and west of De Anza Boulevard. The developer shall submit a bond for this purpose which will be released 90 days after installation of the upgrades. 3. STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 4. SIDEWALK, 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. 5. 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. 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. 7. 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. 8. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 9. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 10. 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. 11. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with California Water Services Company for water service to the subject development. 12. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 362 Resolution No. DP- 2011 -03 August 9, 2011 13. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG &E, PacBell, and California Water Company, and /or equivalent agencies) will be required prior to issuance of building permits. 14. 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. 15. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post - development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on -site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the one percent flood water surface elevation, to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. 16. 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. 17. 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. 18. 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. 19. NPDES CONSTRUCTION GENERAL PERMIT The developer must obtain a Notice of Intent (NOI) from the State Water Resources Control Board, 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. 20. 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, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm 363 Resolution No. DP- 2011 -03 August 9, 2011 Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 21. 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. 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 $ Per current fee schedule $ Per current fee schedule $ 2,000.00 $ TBD ** N/A N/A 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 Improvements 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. 22. BUS STOP LOCATION The developer shall improve bus stops on Stevens Creek Boulevard to the satisfaction of the City Engineer; this may include consistent shelters for the bus stops, but will not include duck outs or relocation of the bus stops. 23. 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 Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 24. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 364 Resolution No. DP- 2011 -03 August 9, 2011 25. BICYCLE PARKING The developer shall provide bicycle parking consistent with the City's requirements to the satisfaction of the City Engineer. 26. OPERATIONS & MAINTENANCE AGREEMENT The developer shall enter into an Operations & Maintenance Agreement with the City prior to final occupancy. The Agreement shall include the operation and maintenance for non - standard appurtenances in the public road right -of -way that may include, but is not limited to, sidewalk, pavers, and street lights. 27. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 28. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 29. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 30. SANTA CLARA WATER DISTRICT CLEARANCE Provide Santa Clara water district approval before recordation of the final map. The developer shall pay for and obtain Water District permit for activities or modifications within the District easement or fee right of way or affecting District facilities. SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT FIRE SPRINKLER SYSTEM Both buildings are shown as having fire sprinkler systems. An automatic sprinkler system shall be provided throughout all new buildings and structures. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do not exceed 1,000 square feet of building area and that are not located in the Wildland -Urban Interface Fire Area. A State of California licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sections 903.2.1 through 903.2.18, as adopted and amended by CUPMC. 2. POTABLE WATER SUPPLIES Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water -based fire protection system, and /or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 365 Resolution No. DP- 2011 -03 August 9, 2011 3. FIRE DEPARTMENT ACCESS Page A0.2 of the plans illustrates turn radius for emergency vehicular access. Minimum clear height: Vertical clearance over required vehicular access roads and driveways shall be 13'6 ". Turn radius (circulating): The minimum outside turning radius is 42 feet for required access roadways. Greater radius up to 60 feet may be required where the Fire Department determines that Ladder Truck access is required. Circulating refers to travel along a roadway without dead ends. CFC Sec. 503 plans appear to show compliance with this requirement. 4. PUBLIC FIRE HYDRANTS, REQUIRED Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1,500 GPM at 20 PSI, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. 5. PREMISES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505. 6. CONSTRUCTION PLAN NOTES To prevent plan review and inspection delays, the above noted Development Review Conditions shall be addressed as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT SANITARY SEWER AVAILABILITY Sanitary sewer is currently available for the subject parcel. 2. IMPROVEMENT PLANS Improvement plans shall be submitted to the District for review and comments. 3. FEES AND PERMITS Cupertino Sanitary District fees and permits will be required. PASSED AND ADOPTED this 9th day of August, 2011, Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Gary Chao City Planner APPROVED: Winnie Lee, Chair Planning Commission G: \ Plamihig\ PDREPORT \ RES \ 2011 \ DP- 2011 -03 Yes.doc M ASA- 2011 -12 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR FOR TWO NEW RETAIL BUILDING PADS AND ASSOCIATED SITE IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO PARKING LOT RE- ORIENTATION, LIGHTING, LANDSCAPING, AND STREET FRONTAGE IMPROVEMENTS CONSISTENT WITH THE HEART OF THE CITY SPECIFIC PLAN LOCATED AT 20750 STEVENS CREEK BOULEVARD SECTION 1: PROTECT DESCRIPTION Application No.: ASA- 2011 -12 Applicant: Mark Creedon Property Owner: Byer Properties Location: 20750 Stevens Creek Boulevard (APNs 359 -08 -020, 359 -08 -021, 359 -08 -022, 359 -08- 006, 359 -08 -013) SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval as described in Section I. of this Resolution; and WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance 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 WHEREAS, the Planning Commission finds as follows with regard to this application: The proposal, 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 proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: a) Abrupt changes in building scale have been avoided. A gradual transition related to height and bulk has been achieved between new and existing buildings. b) Design harmony between new and existing buildings have been preserved and the materials, textures and colors of new buildings harmonize with adjacent development with design and color schemes, and with the future character of the neighborhood and purposes of the zone in 467 Resolution No. ASA- 2011 -12 August 9, 2011 which it is situated. The location, height and materials of walls, fencing, hedges and screen planting harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots have been concealed. Ground cover or various types of pavements have been used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees have been avoided. Lighting for development is adequate to meet safety requirements as specified by the engineering and building departments, and shielding to adjoining property owners. c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures have been designed to minimize traffic hazard, positively affect the general appearance of the neighborhood and harmonize with adjacent development. d) This new development, abutting an existing residential development, has been designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof,: A Mitigated Negative Declaration (file no. EA- 2011 -10) is hereby recommended for adoption; and The application for an Architectural and Site Approval, Application no. ASA- 2011 -12 is hereby recommended for approval, 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 no. ASA- 2011 -12 as set forth in the Minutes of Planning Commission Meeting of August 9, 2011, 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 June 28, 2011 with a revision date of July 27, 2011 consisting of 27 sheets labeled A0.0, A0.1, A0.2, A0.5, A1.0, A1.1, A3.1, A3.2, A4.0, A4.1, A4.2, A4.3, A4.4, C -1, C -2, C -3, L1.0, L2.0, L3.0, L4.0, AL1.0, AL1.1. AL1.2, AL2.1, AL2.2, A3.1, and AL3.2, entitled, "PD Set, Crossroads Center, 20730 Stevens Creek Boulevard, Cupertino, CA 95014," drawn by Kahn Design Associates except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP- 2011 -03, EXC- 2011 -10, and TR- 2011 -30 shall be applicable to this approval. 3. 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. -0 Resolution No. ASA- 2011 -12 August 9, 2011 PASSED AND ADOPTED this 9th day of August, 2011, at a regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Gary Chao City Planner APPROVED: Winnie Lee, Chair Cupertino Planning Commission s EXC- 2011 -10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN TO ALLOW A 26 FOOT FRONT SETBACK FOR A NEW 5,086 RETAIL PAD BUILDING WHERE A 35 FOOT FRONT SETBACK IS REQUIRED LOCATED AT 20750 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: EXC- 2011 -10 Applicant: Mark Creedon Property Owner: Byer Properties Location: 20750 Stevens Creek Boulevard (APNs 359 -08 -020, 359 -08 -021, 359 -08 -022, 359 -08- 006, 359 -08 -013) SECTION II: FINDINGS FOR HEART OF THE CITY SPECIFIC PLAN EXCEPTION WHEREAS, the Planning Commission of the City of Cupertino received an application for a Height Exception as described in Section 1. of this Resolution; and WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one Public Hearing on this matter; and WHEREAS, the Planning Commission finds the following with regards to the Heart of the City Specific Plan Exception for this application: 1. The proposed development is otherwise consistent with the City's General Plan and with the goals of this specific plan and meets the criteria that unique surrounding land uses make it difficult to adhere to the development standards. 2. The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. 3. The proposed development will not create a hazardous condition for pedestrian vehicular traffic. 4. The proposed development has legal access to public streets and public services are available to serve the development. 5. The proposed development requires an exception, which involves the least modification of, or deviation from, the development regulations prescribed in this chapter necessary to accomplish a reasonable use of the parcel. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof,: 430 Resolution No. EXC- 2011 -10 August 9, 2011 Page 2 A Mitigated Negative Declaration (file no. EA- 2011 -10) is hereby recommended for adoption; and the application for an Exception to the Heart of the City Specific plan, Application no. EXC- 2011 -10 is hereby recommended for approval, 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 no.(s) EA- 2011 -10 and EXC- 2011 -10 as set forth in the Minutes of Planning Commission Meeting of August 9, 2011, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS Approval is based on the plan set dated June 28, 2011 with a revision date of July 27, 2011 consisting of 27 sheets labeled A0.0, A0.1, A0.2, A0.5, A1.0, A1.1, A3.1, A3.2, A4.0, A4.1, A4.2, A4.3, A4.4, C -1, C -2, C -3, L1.0, L2.0, L3.0, L4.0, AL1.0, AL1.1. AL1.2, AL2.1, AL2.2, A3.1, and AL3.2, entitled, "PD Set, Crossroads Center, 20730 Stevens Creek Boulevard, Cupertino, CA 95014;' drawn by Kahn Design Associates except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP- 2011 -03, ASA- 2011 -12, and TR- 2011 -30 shall be applicable to this approval. 3. 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. PASSED AND ADOPTED this 9th day of August 2011, at a regular meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Gary Chao City Planner APPROVED: Winnie Lee, Chair Planning Commission G: � Planning � PDREPORT � RES � 2011 � EXC - 2011 -10 Res. doc 441 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. TR- 2011 -30 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF THE REMOVAL AND REPLACEMENT OF 79 TREES WITHIN AN EXISTING SHOPPING CENTER PARKING LOT IN CONJUNCTION WITH THE PROPOSED NEW DEVELOPMENT LOCATED AT 20750 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: TR- 2011 -30 Applicant: Mark Creedon Property Owner: Byer Properties Location: 20750 Stevens Creek Boulevard (APNs 359 -08 -020, 359 -08 -021, 359 -08 -022, 359 -08 006, 359 -08 -013) SECTION 1I: FINDINGS FOR TREE REMOVAL WHEREAS, the Planning Commission of the City of Cupertino received an application for tree removal, as described in Section I of this Resolution; and WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; 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 at least one public hearing on this matter; and WHEREAS, the Planning Commission finds the following with regard to this application: 1. That the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on -site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; 2. That the protected tree(s) are a detriment to the subject property and cannot be adequately supported according to good urban forestry practices due to the overplanting or overcrowding of trees on the subject property. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof,: A Mitigated Negative Declaration (file no. EA- 2011 -10) is hereby recommended for adoption; the application for a Tree Removal Permit, Application no. TR- 2011 -30, is hereby recommended for approval, 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 no. TR- 2011 -30 as set forth in the Minutes of Planning Commission Meeting of August 9, 2011, and are incorporated by reference as though fully set forth herein. 452 Resolution No. TR- 2011 -30 August 9, 2011 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED REMOVALS The approval is based on the arborist report prepared by Arbor Resources dated July 22, 2011 entitled, "An Arborist Review of the Proposed Renovations at the Crossroads Shopping Center, Buildings E and F, 20730 Stevens Creek Boulevard, Cupertino, California," except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP- 2011 -03, ASA- 2011 -12, and EXC- 2011 -10 shall be applicable to this approval. 3. REQUIRED TREE REPLACEMENTS The applicant shall be required to plant at least eighty -five (85) 24 -inch box trees on the property and street frontage, in accordance with the City's Protected Trees Ordinance. The required replacement trees shall be planted prior to final occupancy of the project associated with file nos. DP- 2011 -03, ASA- 2011 -12, and EXC- 2011 -10. 4. ADDITIONAL TREE REPLACEMENTS The Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary. The final tree replacement plan shall be reviewed and approved prior to final building approval. 5. 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. PASSED AND ADOPTED this 9th day of August 2011, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Gary Chao City Planner APPROVED: Winnie Lee, Chair Planning Commission 463 ATTACHMENT 1 A. WAINSCOT FIELD TILE (HEATH- AUBERGINE) B. WAINSCOT ACCENT TILE (DALTILE - LUMINARY GOLD) E. STUCCO-CORNICE (BM #HC29 DUNMORE CREAM) F. STUCCO - BUILDING (BM- #309 AMBIANCE) (TO MATCH EXISTING) I. WOOD TRELLIS (TO MATCH EXISTING) C. LIGHT NICHE BORDER TILE (DALTILE -GOLD COAST) G. METALAWNING (COLOR TO MATCH EXISTING) D. LIGHT NICHE FIELD TILE H. LEDGER STONE AT PATIO (DALTILE - THREE COLOR BLEND) ALUMINIUM WINDOWS (BRONZE) 1810 sixth street, berkeley, ca 94710 MATERIALS BOARD BLDG E ALB30.1 CUPERTINO CROSSROADS CENTER phone: 510.841.3555 fax: 510.841.1225 07.27.2011 20750 STEVENS CREEK BOULEVARD kahndesignassociates.com 474 A. PAINTED METAL RAILING B. CORRUGATED METAL C. STUCCO - WAINSCOT (BM# 2149 -40 TIMOTHY STRAW) D. STUCCO (BM# HC10 STUART GOLD) MA E. STUCCO - ENTRYWAY (BM # 2158 -10 DRIED MUSTARD) F. STUCCO - BUILDING (BM -# 2021 -50 YELLOW LOTUS) G. PAINTED METAL AWNING (BM- # 2066 -30 BIG COUTRY BLUE) H. LEDGER STONE PLANTER I. WOOD TRELLIS K. ALUMINIUM WINDOWS (BRONZE) sixth street, Berkeley, ca 94710 ' phone: 510.841.3555 fax: 510.841.1225 kahndesignassociates.com MATERIALS BOARD BLDG F 07.27.201 1 ALB30.1 CUPERTINO CROSSROADS CENTER 20750 STEVENS CREEK BOULEVARD 495 CUPERTINO CROSSROADS CENTER 20750 STEVENS CREEK BOULEVARD JUNE 28th, 201 1 PD SET 1810 sixth street, Berkeley, ca 94710 phone: 5 10.841.3555 fax: 5 10.841.1225 kahndesignassociates.com MATERIALS BOARD 06.28.201 1 Em ATTACHMENT 2 Visually strengthen pedestrian link between pad and center with landscaping and special paving Add metal canopy Colors to be selected Add lights Use opaque or frosted glass panels where more interior wall area is necessary Widen glazed areas with glass side panels l ,'► m. _ow wall with project signage Encourage eliminating tall pylon sign Perhaps add tenant signage on low wall on other side of the entry driveway Decrease size of pilasters Add metal canopy Colors to be selected Examples of project and tenant signage on low wall Retail Elevation Suggestions CROSSROADS CENTER PADS Cupertino CANNON DESIGN GROUP ��7 July 27, 2011 Haa one or more wiae stairs to sidewalk Lights, signage, awnings and open storefront example Fabric awnings shown in example, but metal preferred. 4 PEST/1JN`' W Large open door /window area examples Use metal for all trellises Cap or light bar to match metal canopy Use landscaping to enhance sense of entry Sign, graphic or art to enhance entry image from street Restaurant Elevation Suggestions CROSSROADS CENTER PADS Cupertino CANNON DESIGN GROUP July 27, 2011 Substantially open up street - facing elevation 578 Metal 'rr,- Colors to be selected by applicant with City approval ATTACHMENT 3 W RAW TRANSPOPTATION IONSUITANTS, INC. August 3, 2011 George Schroeder Community Development Department Planning Division 10300 Torre Avenue Cupertino, CA 95014 Re: Parking Study at 20750 Stevens Creek Boulevard Dear George: This letter report documents the analysis and findings of a parking demand study at the Crossroads Shopping Center located at 20750 Stevens Creek Boulevard in Cupertino. The Crossroads Shopping Center includes a variety of retail stores, restaurants and specialty stores. The total building size of the shopping center is 219,890 square feet, and there are 1,044 on -site parking spaces. A project has been proposed to demolish an existing 4,930 square foot restaurant building pad (formerly occupied by Marie Callendar's) which will be replaced by a new 5,086 square foot restaurant building pad. In addition, the project includes a new 8,136 square foot restaurant and fast food building to be constructed within another parking lot in the shopping center. The total net square footage addition will be 8,289 square feet — see Figure 1. The shopping center is divided into three areas: A, B, and C. Area A delineates the project area, and it is assumed that the parking spaces shown in this area would generally be used by patrons visiting the businesses located in this area. The existing 4,930 s.f. building (formerly occupied by Marie Callendar's and colored red in the existing plan) will be demolished and replaced by a new 5,086 building located in the same general area — shown in green on the proposed site plan. The new building will be occupied by a restaurant, and the parking lot at this site will be redesigned. Figure 1 also shows the location of the second new building. This building will be constructed on the existing parking lot on the northeast side of the project area, and this parking lot will also be redesigned. The buildings and the parking spaces in areas B and C will not change. Tables 1A, 113, and 1C provide summaries of the various businesses in areas A, B, and C, respectively. The yellow shaded area in Table 1A shows the project uses. The tables show the size of the buildings, the estimated number of seats and the number of employees for the dining establishments, the City's parking requirement and the number of required parking spaces. At the bottom of each table a summary of the number of required and available parking spaces is provided. These tables show that, based on the City's Municipal Code, the parking supply is deficient by 80 spaces (or about 13 %) for project area A. The parking supply for area B and C is adequate. Project area A would provide 4.32 parking spaces per 1,000 square feet (ksf) of building area while the City Parking Code requires 4.88 spaces per ksf for this area. The shopping center as a whole would provide 4.68 parking spaces per ksf, and based on the parking code, 5.02 spaces per ksf should be provided. Although the total number of parking spaces in the project area A would be inadequate compared to the City's standards, it does not necessarily mean that the project area would have insufficient parking to accommodate anticipated demand. In order to determine the reasonableness of the City's rates, we estimated the number of parking spaces for the Crossroads Shopping Center using two other sources: • ITE • Local Parking Surveys 111 K St. John Street, Suite 850 • San Jose, California 95113 phone 408.971.5100 • fax 408.971.6102 • www.hextrans.com 529 rtino Crossroads i I ' [Et TYNM1PST I = f—_ I I Tj TENANT ` S 6F.N1B I r0tr. (T.&A J '�'�� ffi �3 .'�"._.� � � ' °e' I (El xaLersTAUS. •'Ape` � rh ;i. rL4Tal9s {E}gT s.a non ucwxss - r a h t I .i r .. f I •F� ,:: �. �..; � 6+ • f4417.T+r (4 sneLls �.. � - f � R ..... i 1p BE P li ZS Y ERTY LCPEEfC'i6ACIS iAOM CURB _I wEl.O+•E6 awEA OF Vlblift 0.WEAOFwan T4 BEBE YELOPEO `- PPobPlRTT LINE — p _ IXISTiNG S1FE PLAN .. —. . —_ .. • - --- ^ - - -- ....,..,,,,,r,.� .na.., ... .. ._ i I G.xRao PAC rrrlrw'�.I.u/s�IrL e4h- T) PIAXX ►i'73Tr'�7lTlr%niO ..e ' z (E) LD fi {Ct fTALLS, i A6A - w -9A. LT 4 STALLS , . I V — F. I S —EX T LOT A I77 STALLS, 5 ADA STALLS \ sTEVEw dNI ER eLVO L7 4"TAL L3 eu. IN eeEnck. ` .._nRF.a teF W4Ex AMA©9Y.DP- i4+Y'LANiWFAPE 9ETgA�N FN0.Y iiA4 _.. — _�._._ " 9Po0PlMYLIwE _— _ _ PROPOSED SITE PLAN__ Figure 1 Existing and Proposed Site Plan u WBAGON T UNSOOQTATION W ALRUS. I U 580 NORTH o Nol m stela Mr. George Schroeder August 3, 2011 Page 3 of 6 Table 1A: Cupertino Crossroads Shopping Center - Proiect Area A Businesses Type of use S. F. Max. # of Seats Max. # of Employees Parking Requirement Required # of Spaces (E) Tenant Group C Retail 33,700 N/A 4 1/250 s.f. 135 (E) Hong Fu Restaurant 6,000 180 12 1/4 seats+ 1 /staff 57 (E) Tenant Group D Retail 1 4,100 1 N/A N/A 1/250 s.f. 16 (E) Sweet Passions Bakery Specialty Food 750 12 2 MAX(1 /3 seats, 1/250 s.f.) 4 (N) TJ Maxx Retail 67,910 N/A N/A 1/250 s.f. 272 (N) Tenant B Retail 19,200 N/A N/A 1/250 s.f. 77 Project Uses (N) Building E- restaurant Restaurant 2,782 92 7 1/4 seats + 1 /staff 30 (N) Building E- restaurant Restaurant 2,431 81 6 1/4 seats + 1 /staff 26 (N) Building E- retail Fast Food 2,641 88 4 1/3 seats + 1 /staff 33 (N) Building F (repl. Marie Callendars) Restaurant 5,086 179 10 1/4 seats + 1 /staff 55 Total Building Size 144,600 TOTAL SPACES REQUIRED 181 # Spaces per 1,000 s.f. 4.30 ON -SITE SPACES AVAILABLE TOTAL SPACES REQUIRED 1 705 1 J# Spaces per 1,000 s.f. # Spaces per 1,000 s.f. 4.88 ON -SITE SPACES AVAILABLE 1 625 1 # Spaces per 1,000 s.f. 4.32 DIFFERENCE 1 -80 Table 113: Cupertino Crossroads Shopping Center - Area B Businesses Type of use S. F. Max. # of seats Max. # of Employees Parking Requirement Required # of Spaces (E) Pizza Hut Restaurant 3,600 178 10 1/4 seats+ 1 /staff 55 (E) Staples Retail 24,850 N/A N/A 1/250 s.f. 99 (E) Fontana's Restaurant 4,700 202 12 1/4 seats+ 1 /staff 63 Total Building Size Retail 33,150 N/A N/A 1/250 s.f. 5 (E) Starbucks and Noah's Bagels Specialty Food 2,481 28 N/A MAX(1 /3 seats, 1/250 s.f.) 10 TOTAL SPACES REQUIRED 217 2,769 72 5 # Spaces per 1,000 s.f. 6.55 ON -SITE SPACES AVAILABLE 222 5,560 N/A N/A # Spaces per 1,000 s.f. 6.70 DIFFERENCE 5 20,900 N/A N/A 1/250 s.f. 84 Table 1C: Cupertino Crossroads Shopping Center - Area C Businesses Type of use S. F. Max. # of seats Max. # of Employees Parking Requirement Required # of Spaces (E) Chevron Retail (Gas Station) 1,971 N/A N/A 1/250 s.f. 8 (E) FedEx Office Retail 1,190 N/A N/A 1/250 s.f. 5 (E) TechU Credit Union Retail (Bank) 1,879 N/A N/A 1/250 s.f. 8 (E) Vacant Retail A Retail 1,190 N/A N/A 1/250 s.f. 5 (E) Starbucks and Noah's Bagels Specialty Food 2,481 28 N/A MAX(1 /3 seats, 1/250 s.f.) 10 (E) Pizza My Heart Restaurant 2,769 72 5 1/4 seats+ 1 /staff 23 (E) Vacant Retail B Retail 5,560 N/A N/A 1/250 s.f. 22 (E) Vacant Retail C Retail 20,900 N/A N/A 1/250 s.f. 84 (E) Evertrust Bank Retail (Bank) 4,200 N/A N/A 1/250 s.f. 17 Total Building Size 42,140 TOTAL SPACES REQUIRED 181 # Spaces per 1,000 s.f. 4.30 ON -SITE SPACES AVAILABLE 1 182 J# Spaces per 1,000 s.f. 4.32 DIFFERENCE I 1 Totals for Entire Cupertino Crossroads Center Total Shopping Center Spaces Required 1,103 # Spaces per 1,000 s.f Total Shopping Center Spaces Available 1,029 # Spaces per 1,000 s.f Total Current Available Stalls -74 Total Shopping Center Size (in s.f.) 219,890 5.02 4.68 Percent Dining Establishments: 15% 581 Mr. George Schroeder August 3, 2011 Page 4 of 6 ITE Parking Rates The Institute of Transportation Engineers (ITE) Parking Generation, 3 rd Edition contains parking data for a wide range of land uses, including shopping centers. ITE's Land Use type 820 provides parking demand rates for various sizes of shopping centers on weekdays and weekends. The ITE parking rates for shopping centers assume that the building area for dining establishments does not exceed 10% of the total building area of the shopping center. With the proposed project, about 15% of the Crossroads Shopping Center would consist of restaurants and fast food places. Since dining establishments have much higher parking rates compared to retail stores, the ITE standard parking rate for shopping center should not be used to estimate the parking demand. The Urban Land Institute Shared Parking manual recommends increasing the parking rate by 0.03 spaces / ksf for each percent of dining area above the 10% threshold. Therefore, the parking rates listed in the ITE Parking Generation manual were increased by 5 * 0.03 =0.15 spaces /ksf. Table 2 presents the number of parking spaces on weekdays and Saturdays based on the ITE parking demand rates for shopping centers, adjusted for the larger share of dining places. Table 2 Parking Demand Rates Based on ITE Rates, Adjusted for 15% Share of Dining Area Day of the Week 85 Percentile Rate Parking Demand Project Area A Weekday 3.72 538 Saturday 3.91 566 Entire Shopping Center Weekday 3.58 788 Saturday 4.02 883 Based on Building Size Area A of 144,600 s.f. 2 Based on Total Shopping Center Size of 219,890 s.f. Table 2 shows that the parking rate would be the highest on Saturdays. Using the 85` percentile parking rate of 3.91 spaces per ksf and applying a 10% circulation factor, the design parking rate for area A would be 3.91 * 1.1 = 4.3 spaces per ksf of building area. This rate of 4.30 is almost identical to the area A parking supply rate of 4.32 spaces / ksf. The design rate for the entire shopping center would be 4.02 * 1.' = 4.42 spaces per ksf. This rate is lower than the supply rate of 4.68 spaces /ksf for the entire shopping center. Parking Surveys In order to determine the parking needs for the PW Market /Homestead Retail Expansion Project in Cupertino, parking surveys were conducted at three shopping centers: Homestead Shopping Center in Cupertino, Mariposa Shopping Center in Santa Clara, Grand Park Plaza in Mountain View. The surveys were conducted by Fehr and Peers in February of 2010. Although two of these shopping centers are similar in size and mix of use to the Crossroads Shopping Center, their share of dining establishments is 10 percent or less of the total size of the shopping centers compared to the 15% at the Crossroads Shopping Center. The results of these surveys indicate that weekday parking rates vary from 2.13 to 2.75 spaces / ksf and weekend parking rates vary from 1.83 to 2.88 parking spaces per ksf. Since the parking surveys were conducted in February, which is one of slowest months for shopping centers, a seasonal adjustment factor should be applied to make sure that the parking demand throughout the year (except for December) can be accommodated. Based on data from the Shared Parking, Second Edition from the Urban Land Institute it is recommended to apply a monthly adjustment factor for February of 1.26. In addition, a circulation factor is typically applied to the demand rate to account for peak parking times when 582 Mr. George Schroeder August 3, 2011 Page 5 of 6 the demand is so high that spaces are relatively easy to access and vehicles do not have to circulate through the entire parking area to find an available space. Furthermore, the rates should be adjusted by 0.15 spaces /ksf to reflect the high share of restaurants in the Crossroads Shopping Center. Based on the highest surveyed rate, the high share of restaurant space, the seasonal adjustment factor, and a circulation factor of 10 %, the Crossroads Shopping Center should provide (2.88 +0.15) x 1.26 x 1.1 = 4.20 spaces per ksf. This rate is lower than the proposed parking rates of 4.32 for area A and 4.68 for the entire shopping center. Conclusion Table 3 below provides a summary of the proposed number of parking spaces for area A and the entire shopping center compared to the number of spaces based on the city code and estimates from empirical data from other sources. Table 3 comparison or rroposea rarKing wim Liner ,ources uirrerence r- roposea apaces wim Proposed City Local City Local Crossroads Shopping Center Project Code ITE Surveys Code ITE Surveys Project Area A 624 705 622 607 -81 2 17 Entire Shopping Center ` 1,028 1,103 972 924 -75 56 104 Based on Building Size Area A of 144,600 s.f. 2 Based on Building Size Area A of 219,890 s.f. The table shows that compared to estimates based on ITE rates and local surveys, the Crossroads Shopping Center should have adequate parking to accommodate future demand. Parking estimates based on the City code suggests that there could be a shortage of parking. However, it should be noted that the parking estimates based on the city code do not consider sharing of parking between uses. Studies have shown that a reduction in parking demand occurs due to patronage of multiple land uses (i.e., retail and restaurants). For example, patrons of the retail stores may shop and have lunch at an on -site restaurant. This activity only requires one parking space. Therefore, the parking requirements based on these rates likely overestimates the actual demand. Assuming a 10% reduction to account for shared parking of these uses, the proposed project would provide adequate parking in area A and the shopping center as a whole compared to the City code and estimates from other sources. However, if parking issues at the shopping center would occur in the future, the City could consider including specific TDM measures in the Conditions of Approval to help reduce parking demand, such as: Transit Improvements Non - Motorized Improvements • Shift Peak — Shared Parking • Guaranteed Ride Home • Car Sharing • Taxi Service • Pricing It is also recommended that, if the shopping center requests additional new square footage or uses with more restrictive City parking requirements than those currently listed on Table 1A, 1B, and 1C, a parking study, including a parking demand survey of the shopping center should be conducted. 563 Mr. George Schroeder August 3, 2011 Page 6 of 6 Please let me know if you have any questions about this analysis. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. At van den Hout Vice President -, ,, . ARBOR RESOURCES ATTACHMENT 4 profe55ional con5ultincj arbori5t5 and tree care- AN ARBORIST REVIEW OF THE PROPOSED RENOVATIONS AT CUPERTINO CROSSROADS - -- BUILDINGS E AND F - -- 20730 STEVENS CREEK BOULEVARD CUPERTINO, CALIFORNIA Submitted to: George Schroeder Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Prepared by: David L. Babby Registered Consulting Arborist #399 Board- Certified Master Arborist #WE-4001 B July 22, 2011 p.o. box 25295, san Mateo, california 94402 ■ emaik arborresource5 @comcast.net phoney 650a654o335 B ■ fax: 650.240, 0777 ■ Incensed contractor #796763 585 David L. Babbv, Registered Considtirag Arborist Jit/v 22, 2011 TABLE OF CONTENTS SECTION TITLE PAGE 1.0 INTRODUCTION ................................................ ..............................1 2.0 TREE COUNT AND COMPOSITION ................ ............................... 2 3.0 SUITABILITY FOR PRESERVATION ................ ............................... 5 4.0 POTENTIAL TREE IMPACTS ............................ ............................... 6 5.0 TREE REPLACEMENTS .................................... ............................... 8 6.0 TREE PROTECTION MEASURES ..................... ............................... 9 EXHIBITS EXHIBIT TITLE A TREE INVENTORY TABLE B SITE MAPS (one for Building E and one for Building F) C PHOTOGRAPHS (includes photo index) i 586 DavidL. Babby, Registered ConsultingArborist July 22, 2011 1.0 INTRODUCTION I have been retained by the City of Cupertino Community Development Department to prepare this report in connection with the proposed development of Buildings E and F, including their surrounding parking lots, at the Crossroads Shopping Center, 20730 Stevens Creek Boulevard, Cupertino. Specific tasks performed are as follows: ■ Identify each tree within the scope of work areas delineated on a plan (titled "Site Plan — Phase 1 ") emailed to me on 5/23/11. ■ Determine each tree's trunk diameter at 54 inches above grade or where appropriate to best represent trunk size; diameters are rounded to the nearest inch. Trees with more than one diameter listed have multiple trunks. • Estimate each tree's canopy spread. • Ascertain each tree's health and structural integrity. • Assign an overall condition rating (e.g. good, fair, poor or dead). • Determine each tree's suitability for preservation (e.g. high, moderate, or low). ■ Specify whether any of the trees are regarded as "protected trees" and /or "street trees" pursuant to Cupertino's Municipal Code. ■ Assign tree numbers, in a sequential pattern, that continue from those presented in my previous report (dated 4/4/11) for this site; they are shown on the two maps in Exhibit B (sections of an undated Existing Site Plan emailed to me on 6/8/11). For trees within the assigned areas to evaluate, and also presented in my 4/4/11 report, I utilize the previously assigned numbers. Note that my numbers differ from those presented on Sheet L 1.0. ■ Affix round tags with engraved, corresponding numbers to the trees' trunks. ■ For trees with trunks not shown on the Existing Site Plan, plot their roughly approximate locations. • Obtain photographs of each tree; these can be viewed in Exhibit C. • Review the project set of plans dated 6/28/11. 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department Page I of 14 667 DavidL. Babby, Registered ConsultingArborist July 22, 2011 • Identify the proposed tree removals, and present findings as to whether their removal conforms to Section 14.18.180 of the City Code. • Consider whether the species, size and amount of trees proposed for installation would adequately mitigate those proposed for removal. ■ Review potential impacts to trees being retained, and provide appropriate measures to sufficiently mitigate or avoid impacts. ■ Prescribe measures to improve the existing condition of trees being retained. ■ Prepare a written report containing the aforementioned information, and submit via email as a PDF document. 2.0 TREE COUNT AND COMPOSITION One - hundred (100) trees of 12 various species were inventoried for this report, and are sequentially numbered as 1, 36 -40 and 62 -155 The following table (and continued on the next page) identifies their names, numbers, counts and percentages (note that these numbers differ from those presented on the current Sheet L1.0): NAME TREE NUMBER(S) COUNT % OF TOTAL American sweetgum 110-112,127-129 6 6% cherry plum 80 1 1% coast live oak 37 1 1% crape myrtle 39, 142 -147, 153 8 8% Elegant Brisbane box 149, 150 2 2% 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department Page 2 of 14 688 David L. Babby, Registered Consulting 4rborist July 22, 2011 Table cot inued: NAME TREE NUMBER(S) COUNT % OF TOTAL evergreen pear 148, 105, 107, 108 4 4% flowering pear 106, 137 -139, 152, 155 6 6% hawthorn 136 1 1% Mexican fan palm 151 1 1% purple -leaf plum 1, 36, 38, 40, 62 -79, 81- 87, 89 -94, 97 -104, 109, 113 -120, 122, 124 -126, 134, 135, 140, 141, 154 61 61% Raywood Ash 123 1 1% shamel Ash 88, 95, 96, 121, 130 -133 8 8% Total 100 100% Specific information regarding each tree is presented within the table in Exhibit A. The trees' approximate locations can be viewed on the map in Exhibit B, and photographs of each tree are presented in Exhibit C. As shown in the table, the two project areas are populated predominantly by purple -leaf plum trees. Overall, these plum trees are in poor condition due to trunk decay and /or past pruning practices. Based on the site, it is assumed that all trees presented herein were planted or retained as part of a previously approved and planned development. As such, the trees can be considered "protected trees" pursuant to Section 14.18.035(C) of the City Code. 20730 Stevens Creep Boulevard, Cupertino City (?f Cupertino Community Development Department Page 3 of] 4 am DavidL. Babby, Registered ConsultingArborist July 22, 2011 Tree #37 is a large and mature oak that predates the existing development, and is regarded as a "specimen tree" (per Appendix B of City Ordinance 07- 2003). All other inventoried trees were planted. Trees #137, 138, 139, and 155 are situated within the public right -of -way along Stevens Creek Boulevard, and as such, are regarded as "street trees" and regulated pursuant to Chapter 14.12 of the City Code. Trees #117, 118, 119, 120, 134 and 136 are missing from the project plans; see Exhibit B for their approximate locations. Trees inventoried for Building E area are as follows (76 in total): #1, 62 thru 136. Trees inventoried for Building F area are as follows (24 in total): #36 -40 and 137 -155. Of these, #36, 38 -40 and 140 -147 (12 in total) are beyond the scope of work area outlined on the landscape plans for the particular application being reviewed. Trees inventoried for my previous report and included herein are as follows: #1 and 36 -40. 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department Page 4 of 14 690 DavidL. Babby, Registered ConsultingArborist July 22, 2011 3.0 SUITABILITY FOR TREE PRESERVATION Each tree has been assigned a "high," "moderate" or "low" suitability for preservation rating as a method to cumulatively measure their health, structural integrity, anticipated life span, location, size and specie type. A description of these ratings are presented below; note that the "high" category comprises no trees (or 0 %), the "moderate" category 24 trees (or 24 %), and the "low" category 76 trees (or 76 %). High Applies to no trees. These trees have seemingly stable structures, appear in overall good health, and present a high potential of contributing long -term to the site. Moderate Applies to trees #36, 39, 76, 77, 87, 88, 105, 130, 132, 133, 136 -139, 143 -147, 149 -151, 153 and 155. These trees contribute to the site but seemingly at insignificant levels. Their longevity and contribution is less than those of high suitability, and more frequent care is needed during their remaining life span. Low Applies to trees #1, 37, 38, 40, 62 -75, 78 -86, 89 -104, 106 -129, 131, 134, 345, 140- 142, 148, 152 and 154. These trees are the least suitable for retention due to being predisposed to decline and /or structural defects that are expected to worsen (i.e. beyond repair) regardless of tree care measures employed. In the case of tree #152, it is dead. 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department Page S of 14 Sol DavidL. Babby, Registered ConsultingArborist July 22, 2011 4.0 POTENTIAL TREE IMPACTS Implementation of the proposed design will result in the following 79 trees being removed: #1, 62 -129, 134 -136 and 148 -154. Based on their species, size and /or condition, removal of each seemingly conforms to findings contained within Section 14.18.18 of the City Code (Review and Determination of Application). Trees that are proposed for retention and affected by the scope of work area include the following (nine in total): #37, 130 -133, 137 -139 and 155. Tree #37 is the very large and mature coast live oak near Pizza Hut. A section of the proposed parking lot encroaches into the area containing open block pavers, at approximately 17 feet from its trunk (or 21 feet from the center of trunk). To optimize and maintain the tree's health, while adequately minimizing impacts, I recommend one of the following three options is employed (listed in order of least impact): a. The section of new lot extending into the block paving should be omitted from the design, thus eliminating the impact altogether. This revision would affect two to three parking spaces, and site safety would be improved due to being farther beyond striking distance of the tree. b. If constructed where proposed, the parking lot surface, base material, curb /gutter, edging and forms should be built on top of existing soil grade (i.e. a no dig design), or should roots two inches and greater be found within the existing gravel or surfaced above grade, then above those roots (while protecting and not damaging them). Also, the parking lot surface and base material must be permeable, and direct compaction of the existing soil grade avoided. Fill and ground disturbance west of the curb (i.e. towards the tree's trunk) must be confined to 12 inches from the curb's edge. c. Least preferred, manually dig to the required depth, and stop when a root of two inches and greater in diameter is encountered; the parking lot would be built 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department Page 6 of 14 692 DavidL. Babby, Registered ConsultingArborist July 22, 2011 above that depth (including for base material, curb /gutter, edging and forms). All other recommendations contained within item b would also apply. Trees #131 and 132, two large ash, would be adversely impacted by constructing the proposed paver sidewalk. The trunks of these sizeable ash trees (trunk diameters of 22 and 24 inches, respectively) are situated in close proximity to the existing and proposed sidewalk, and consequently, the presence of roots, as demonstrated by the sidewalks being raised, will likely be encountered during digging for base material, etc. To avoid or minimize this impact, the design should bridge or ramp above soil grade, or should a root of two inches and greater in diameter be found, then above the roots (to include base material, edging and forms). See item b, in the previous discussion for tree 937, for additional recommendations. Tree #133, a moderately -sized ash, would be impacted during construction of the enlarged pathway entrance into the site. Provided the work is performed carefully per recommendations presented in Section 6.0 of this report, the tree is not expected to be adversely impacted. Where beneath the canopies of trees #130 thru 132, the proposed planter expansion seven feet south of the existing parking lot curb should be built on top of the existing base material; in doing so, disturbance to roots that may have penetrated the material can be avoided. Should this not be feasible, then the base material could be manually removed, but roots two inches and greater in diameter retained and protected during the process. Additional recommendations to mitigate or avoid potential impacts are presented in Section 6.0 of this report. 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department Page 7 of 14 683 DavidL. Babby, Registered ConsultingArborist July 22, 2011 5.0 TREE REPLACEMENTS Applying Table A, Section 14.18.185 of the City Code, a total of 85 trees of 24 -inch box size would need to be installed to mitigate the loss of the 79 proposed removals. The proposed landscape plans identify the installation of 70 trees of 24 -inch box size and 32 trees of 15- gallons size. To conform to City Code, 15 of the 32 trees of 15- gallon size must be increased to 24 -inch box size. For trees installed as mitigation, they should be of "standard" form (versus "multi "), and the landscape plans identify them as such (this would apply to the strawberry trees, crape myrtles, western redbuds, and coast live oaks). Furthermore, I suggest `Columbia' is identified as the variety for the London plane trees. Regarding the proposed replacement design, it is my opinion that the trees and amounts are suitable given the site and trees being removed. Based on the amount of new trees to be installed, I recommend they are selected and tagged at the nursery by an International Society of Arboriculture (ISA) arborist and /or the landscape architect prior to being shipped to the site. They should have relatively symmetrical structures mostly free of obvious defects, wounds and girdling roots. Additionally, the arborist and /or landscape architect should be retained to examine and root prune, as needed, once the boxes are removed and before being installed. All new trees should be installed, including necessary irrigation, by an experienced state - licensed landscape contractor or a professional tree company, and performed to professional industry standards. They should be double - staked (no cross - brace) with rubber tree ties or equivalent, and the support stakes cut below the first main lateral branch; for a low- branching tree, the stakes should be established in a manner that avoids damaging the trunk(s) and branches. All irrigation should be in the form of a bubbler -type system placed on the surface of the root ball (versus against the trunk or in a sleeve). 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department Page 8 of 14 694 DavidL. Babby, Registered ConsultingArborist July 22, 2011 6.0 TREE PROTECTION MEASURES Recommendations presented within this section are intended to serve as guidelines for mitigating or avoiding impacts to trees being retained, and should be incorporated into the project plans and carefully followed throughout construction. Note that they are subject to revision upon review of additional or revised plans, and I should be consulted in the event any cannot be feasibly implemented. 1. Recommendations presented in Section 4.0 of this report should be followed. 2. A note instructing the contractor(s) to refer to this report for tree protection measures should be added to the project plans. 3. Sheet L1.0 should be updated to reflect tree numbers presented in this report, as well as include missing trees. 4. The future sidewalk beneath the trees' canopies should not be expanded towards the tree's trunks, nor should ground be compacted or dug in that direction beyond the existing sidewalk edge. 5. Where beneath canopies of trees #130 thru 133, soil cuts and compaction should not occur at any point north (inside, towards the trees' trunks) of the existing curb. 6. For tree #133, overexcavation and compaction should not exceed beyond 12 inches west from the proposed walkway edge nearest the trunk, and 12 inches north of the curb proposed within the existing planter immediately southeast of its trunk. 7. Tensar BX Geogrid (www.tensarcorp.com) is a material that could be used to achieve compaction or no -dig requirements. 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department Page 9 of 14 685 DavidL. Babby, Registered ConsultingArborist July 22, 2011 8. Unless otherwise specified in Section 4.0 of this report, the Tree Protection Zone (hereinafter "TPZ ") of a particular tree should be regarded as the area within a distance of seven times its trunk diameter. The TPZ is where all demolition, trenching, soil scraping and grading (soil cuts, overcut, fill, and finish - grading) shall be avoided except where approved. In areas where this is not feasible, I should be consulted to review whether an alternative TPZ would be acceptable. 9. Unless otherwise approved, all construction activities must be conducted beyond TPZs, to include, but not limited to, the following: demolition, grading, stripping of topsoil, trenching, equipment cleaning, stockpiling /dumping of materials, and equipment/vehicle operation and parking. 10. Tree trunks shall not be used as winch supports for moving or lifting heavy loads. 11. Any digging or trenching within a TPZ shall be manually performed without the use of heavy equipment or tractors operating on unpaved ground. 12. The staging area(s) and routes of access shall be established beyond tree canopies. 13. Any underground, existing utilities or services within a TPZ shall be abandoned and cut off at existing soil grade (versus being dug up and inadvertently damaging roots during the process). 14. Tree protective fencing, to remain intact throughout construction, should be installed prior to demolition for the purpose of restricting access into a TPZ, and where possible, beyond. For this phase, it shall consist of six -foot high chain link mounted on two -inch diameter steel posts that are driven into the ground 24 inches deep, and for larger areas, spaced apart by no more than approximately ten feet. Its location for specific trees should be as follows: 20730 Stevens Creek Boulevard, Cupertino Page 10 of 14 City of Cupertino Community Development Department 696 DavidL. Babby, Registered ConsultingArborist July 22, 2011 a. For tree #37, it shall be installed to encompass the entire planter and block paver area beneath its canopy. Should the parking lot encroach into the area, it should be routed within 18 inches from the edge of the curb for the lot (and encompass the entire planter and block paver area elsewhere). b. For trees #130 thru 132, it shall be installed against and along the south side of the existing sidewalk and north side of the existing curb, and encompass the entire planter beneath their canopies. c. For tree #133, it shall be installed along and against the south side of the existing sidewalk, within 18 inches from the western edge of the proposed new walk entry, within 18 inches from the northern edge of the proposed curb, and along and against the north side of the existing curb. The fence should encompass the entire future planter area beneath its canopy. d. For tree #155, it shall be installed along and against the existing curb and sidewalk, and extend east and west five plus feet from the trunk. 15. To protect trees otherwise planned for retention, great care must be taken during demolition to avoid excavation into existing planters of TPZs where roots are expected to be found growing along the inside of existing curbs and gutters. Also, any roots that are two inches and greater in diameter and found to be penetrating base material (or above) should be retained. 16. The permanent and temporary drainage design shall not require water being discharged on unpaved areas beneath the trees' canopies. 17. All utilities and services should be routed beyond TPZs. 18. For tree #37, I recommend the following recommendations are performed to manage and progressively reduce the tree's risk of failure, while effectively maintaining and promoting its balance, form and longevity: 20730 Stevens Creek Boulevard, Cupertino Page 11 of 14 City of Cupertino Community Development Department -107 DavidL. Babby, Registered ConsultingArborist July 22, 2011 a. The existing river rock within the planter should be manually removed, and replaced by a three- to four -inch layer of coarse wood chips manually spread on soil grade (but not piled against the trunk). b. Pruning should be performed as soon as possible (for safety reasons) to remove all deadwood one -inch and greater in diameter, and to reduce heavy limb weight. Ongoing pruning should be directed towards reducing weight throughout the canopy, while maintaining the tree's natural form. c. The existing support cables should be examined, and if deemed reliable, retained and adjusted. If not, new cables should be installed. Note that for optimal effectiveness and safety, cables require regular inspection and possible adjustment on a regular basis, such as every two years. d. A root collar excavation should be performed to expose the tops and bottoms of the scaffold roots, as well as the entire circumference approximately 16 to 24 inches from the trunk's base. The depth of digging should more or less uniform around the circumference, and allow visual and manual examination of the roots' bottoms (also, all soil bound to the trunk and roots should be brushed away). To optimize results, a pneumatic air device (such as an Air - Spade) should be used. e. Existing spoils around the trunk should be manually shoveled away from the planter. f The tree should be reevaluated every year or two (minimum) in the spring or summer. g. The existing ground condition beneath the oak's canopy should remain entirely or mostly undisturbed (i.e. no soil compaction, trenching, grading or landscaping) over the course of its remaining lifespan. Any potential activities, should they be necessary, should be reviewed for tree - related impacts prior to implementation. 19. The future landscape should conform to the following additional recommendations: a. Mulch utilized for ground cover should consist of a three- to four -inch layer of coarse wood chips, and not be piled against the trunks of existing or new trees. 20730 Stevens Creek Boulevard, Cupertino Page 12 of 14 City of Cupertino Community Development Department 798 DavidL. Babby, Registered ConsultingArborist July 22, 2011 b. New plant material should be setback from the trunks new trees by at least 12 inches, and existing trees by 36 inches. c. Irrigation should not strike the trunks of existing or new trees. d. In the event trenches for irrigation are required within a TPZ, they shall be installed in a radial direction to the trees' trunks. If this is not possible, the work should be performed using an Air - Spade to avoid unnecessary root damage. e. Wiring for any lighting within a TPZ should be installed as described above for irrigation, or laid on top of existing soil (versus trenched) and covered by mulch. f. Tilling beneath canopies should be avoided, including for weed control. g. Bender board or other edging material proposed beneath the canopies should be established on top of existing soil grade (such as by using vertical stakes). 20. All pruning, cable adjustment /installation, and root collar excavation work shall be performed in accordance with current ANSI A300 standards, and by a California state - licensed tree service that has an ISA certified arborist in a supervisory role. The company selected should also carry General Liability and Worker's Compensation insurance, and shall abide by ANSI Z133.1 -2006 (Safety Operations). 21. Removal of existing shrubs and plants within a TPZ must be manually removed versus being excavated. 22. Great care should be taken by construction personnel and any heavy equipment operator to avoid damaging tree trunks, limbs and branches. 23. During any approved trenching or excavation within a TPZ, roots encountered with diameters less than two inches can be removed, but must be cleanly severed at right angles to the direction of root growth. In doing so, sharp cutting tools (e.g. loppers or handsaw) should be used, and the cuts must occur against the tree side of the trench. The severed root end should be covered with backfill soil the same day. 20730 Stevens Creek Boulevard, Cupertino Page 13 of 14 City of Cupertino Community Development Department Me DavidL. Babby, Registered ConsultingArborist July 22, 2011 24. Also during any approved trenching or excavation, roots encountered with diameters greater than two inches must not be cut or damaged, and covered with soil or wrapped in moistened burlap within one -hour of being exposed. If burlap is used, it should remain continually moist until the trench is backfilled. 25. Supplemental water should be supplied to each tree throughout construction. For more impacted trees, it should be performed every two weeks during the months of May thru October, and at rate of about five gallons per every inch of trunk diameter. 26. The disposal of harmful products (such as cement, paint, chemicals, oil and gasoline) is prohibited beneath canopies or anywhere on site that allows drainage beneath or near TPZs. Herbicides should not be used with a TPZ; where used on site, they should be labeled for safe use near trees. Prepared By: AA4 I - &4 David L. Babby Registered Consulting Arborist #399 Board - Certified Master Arborist #WE-4001B Date Julv 22, 2011 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department Page 14 of 14 200 David L. Babby, Registered ConsultingArborise July 22, 2011 EXHIBIT A: TREE INVENTORY TABLE 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department 201 Alk ARBOR RESOURCES profe55lonal conaulting arbormt5 and tree care TREE INVENTORY TABLE purple -leaf plum 1 (Prunus c. 'Atropurpurea') 9 8 25% 0% Poor Low Comments: Tree has extensive internal decay and decline. It should be removed. Situated within the median island off the Stevens Creek Blvd entrance. purple -leaf plu 36 (Prunus c. 'Atropurp urea') 3 10 100% 50% 1 Good I Moderate Comments: Relatively new install. coast live oak 37 (Quercus agrifolia) 80 80 50% 25% 1 Poor Low Comments: Comprised of five main leaders, all or most with substantial decay. Has large deadwood and a history of limb failure. There are two cable supports in canopy, and ground beneath canopy consists predominantly of a planter containing river rock, and open block pavers with gravel for a drive aisle. Extensive decay exists throughout the trunk's base and scaffold roots. Recommendations for care of the tree is presented in this report. purple -leaf plum 38 (Prunus c . 'Atropurpurea') 10 15 25% 25% 1 Poor Low Comments: Pruned to have a high canopy. crape myrtle 39 (Lagerstroemia indica) 5 10 75% 50% Fair Moderate Comments: Pruned to have a high canopy. purple -leaf plum 40 (Prunus c . 'Atropurpurea') 8,5 10 25% 50% 1 Poor Low Comments: Pruned to have a high canopy. purple -leaf plum 62 (Prunus e. 'Atropurpurea') 5 10 75% 50% Fair 0 0 0 p a) o IA J I? C II • II i L1 O O o W o O d + +� O O f0 U +' +O+ S +- �O N 'a v p N N O • M >' O a N U CO CO U LL TREE E a o u s c O 0 i O U1 O 0 NO. TREE NAME w v C = �' can _1 O purple -leaf plum 1 (Prunus c. 'Atropurpurea') 9 8 25% 0% Poor Low Comments: Tree has extensive internal decay and decline. It should be removed. Situated within the median island off the Stevens Creek Blvd entrance. purple -leaf plu 36 (Prunus c. 'Atropurp urea') 3 10 100% 50% 1 Good I Moderate Comments: Relatively new install. coast live oak 37 (Quercus agrifolia) 80 80 50% 25% 1 Poor Low Comments: Comprised of five main leaders, all or most with substantial decay. Has large deadwood and a history of limb failure. There are two cable supports in canopy, and ground beneath canopy consists predominantly of a planter containing river rock, and open block pavers with gravel for a drive aisle. Extensive decay exists throughout the trunk's base and scaffold roots. Recommendations for care of the tree is presented in this report. purple -leaf plum 38 (Prunus c . 'Atropurpurea') 10 15 25% 25% 1 Poor Low Comments: Pruned to have a high canopy. crape myrtle 39 (Lagerstroemia indica) 5 10 75% 50% Fair Moderate Comments: Pruned to have a high canopy. purple -leaf plum 40 (Prunus c . 'Atropurpurea') 8,5 10 25% 50% 1 Poor Low Comments: Pruned to have a high canopy. Comments: Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 1 of 13 July 22, 2011 r:: purple -leaf plum 62 (Prunus e. 'Atropurpurea') 5 10 75% 50% Fair Low Comments: Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 1 of 13 July 22, 2011 r:: Alk ARBOR RESOURCES profe55lonal conaulting arbormt5 and tree care TREE INVENTORY TABLE purple -leaf plum 63 (Prunus c. 'Atropurpurea') 6 15 75% 25% Fair Low Comments: Small girdling root at base. Sunscald. Pruned to have a high canopy. purple -leaf plum 64 (Prunes c . 'Atropurpurea') 4 10 50% 50% Fair Low Comments: Ov erpruned. purple -leaf plu rim 65 (Pus c . 'Atropurp urea') 4 8 75% 25% Fair Low Comments: Leans, significant decay at base, and has partially uprooted. Should be removed ASAP. Pruned to have a high canopy. purple -leaf plum 66 (Prunus c. 'Atropurpurea') 4 10 100% 25% Fair Low Comments: purple -leaf plum 67 (Primus c . 'Atropurpurea') 11 20 75% 25% Fair Low Comments: Sunscald, multiple leaders with poor attachment. Pruned to a high canopy. purple -leaf plu rim 68 (Pus c . 'Atropurp urea') 4 10 75% 50% Fair Low Comments: Pruned to have a high canopy. purple -leaf plum 69 (Prunus c . 'Atropurpurea') 4 10 75% 50% Fair Low Comments: Pruned to have a high canopy. purple -leaf plum 70 (Prunus c. 'Atropurpurea') 9 20 75% 25% Fair Low Comments: Pruned to a high canopy. Sunscald and root decay. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 2 of 13 July 22, 2011 I 0 0 0 p ai o IA J I? C II • II i L1 O O o W o O tl + +� O O f0 U +' +O+ S +- �O N 'a v p N N O • M >' O a N U CO CO U LL TREE E a o u s c O 0 i O U1 O 0 NO. TREE NAME w v C = �' can _1 O purple -leaf plum 63 (Prunus c. 'Atropurpurea') 6 15 75% 25% Fair Low Comments: Small girdling root at base. Sunscald. Pruned to have a high canopy. purple -leaf plum 64 (Prunes c . 'Atropurpurea') 4 10 50% 50% Fair Low Comments: Ov erpruned. purple -leaf plu rim 65 (Pus c . 'Atropurp urea') 4 8 75% 25% Fair Low Comments: Leans, significant decay at base, and has partially uprooted. Should be removed ASAP. Pruned to have a high canopy. purple -leaf plum 66 (Prunus c. 'Atropurpurea') 4 10 100% 25% Fair Low Comments: purple -leaf plum 67 (Primus c . 'Atropurpurea') 11 20 75% 25% Fair Low Comments: Sunscald, multiple leaders with poor attachment. Pruned to a high canopy. purple -leaf plu rim 68 (Pus c . 'Atropurp urea') 4 10 75% 50% Fair Low Comments: Pruned to have a high canopy. purple -leaf plum 69 (Prunus c . 'Atropurpurea') 4 10 75% 50% Fair Low Comments: Pruned to have a high canopy. purple -leaf plum 70 (Prunus c. 'Atropurpurea') 9 20 75% 25% Fair Low Comments: Pruned to a high canopy. Sunscald and root decay. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 2 of 13 July 22, 2011 I Alk ARBOR RESOURCES profe55lonal conaulting arbormt5 and tree care TREE INVENTORY TABLE Comments: Pruned to have a high canopy. purple -leaf plum 72 (Prunus c . 'Atropurpurea') 7 20 75% 25% Fair Low Comments: High canopy. Stem decay, partial failure, Sunscald and girdling root. purple -leaf plu rim 73 (Pus c . 'Atropurp urea') 5 15 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 74 (Primus c . 'Atropurpurea') 10 20 75% 25% Fair Low Comments: Pruned to a high canopy. Sunscald and girdling root.. purple -leaf plum 75 (Prunus c. 'Atropurpurea') 10 20 50% 25% Poor Low Comments: Pruned to a high canopy. purple -leaf plum 76 (Prunus c . 'Atropurpurea') 5 15 75% 50% Fair Moderate Comments: purple -leaf plu 77 (Pninus c . 'Atropurp urea') 5 10 75% 50% Fair Moderate Comments: purple -leaf plum 78 (Prunus c . 'Atropurpurea') 9 50 25% Poor I Low Lo�� Comments: Pruned to a high canopy. Sunscald and stem decay. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 3 of 13 July 22, 2011 purple -leaf plum 71 (Prunus c. 'Atropurpurea') 5 15 75% 50% Fair 0 0 0 p ai o IA J I? C II • II i L1 O O o W o O tl + +� O O f0 U +' +O+ S +- �O N 'a v p N N O • M >' O a N U CO CO U LL TREE E a o u s c O 0 i O U1 O 0 NO. TREE NAME w v C = �' can _1 O Comments: Pruned to have a high canopy. purple -leaf plum 72 (Prunus c . 'Atropurpurea') 7 20 75% 25% Fair Low Comments: High canopy. Stem decay, partial failure, Sunscald and girdling root. purple -leaf plu rim 73 (Pus c . 'Atropurp urea') 5 15 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 74 (Primus c . 'Atropurpurea') 10 20 75% 25% Fair Low Comments: Pruned to a high canopy. Sunscald and girdling root.. purple -leaf plum 75 (Prunus c. 'Atropurpurea') 10 20 50% 25% Poor Low Comments: Pruned to a high canopy. purple -leaf plum 76 (Prunus c . 'Atropurpurea') 5 15 75% 50% Fair Moderate Comments: purple -leaf plu 77 (Pninus c . 'Atropurp urea') 5 10 75% 50% Fair Moderate Comments: purple -leaf plum 78 (Prunus c . 'Atropurpurea') 9 50 25% Poor I Low Lo�� Comments: Pruned to a high canopy. Sunscald and stem decay. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 3 of 13 July 22, 2011 purple -leaf plum 71 (Prunus c. 'Atropurpurea') 5 15 75% 50% Fair Lo�� Comments: Pruned to have a high canopy. purple -leaf plum 72 (Prunus c . 'Atropurpurea') 7 20 75% 25% Fair Low Comments: High canopy. Stem decay, partial failure, Sunscald and girdling root. purple -leaf plu rim 73 (Pus c . 'Atropurp urea') 5 15 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 74 (Primus c . 'Atropurpurea') 10 20 75% 25% Fair Low Comments: Pruned to a high canopy. Sunscald and girdling root.. purple -leaf plum 75 (Prunus c. 'Atropurpurea') 10 20 50% 25% Poor Low Comments: Pruned to a high canopy. purple -leaf plum 76 (Prunus c . 'Atropurpurea') 5 15 75% 50% Fair Moderate Comments: purple -leaf plu 77 (Pninus c . 'Atropurp urea') 5 10 75% 50% Fair Moderate Comments: purple -leaf plum 78 (Prunus c . 'Atropurpurea') 9 50 25% Poor I Low Lo�� Comments: Pruned to a high canopy. Sunscald and stem decay. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 3 of 13 July 22, 2011 Alk ARBOR RESOURCES profe55lonal conaulting arbormt5 and tree care TREE INVENTORY TABLE Comments: Pruned to a high canopy. cherry plum 80 (Prunus eerasifera) 9 25 75% 50% Fair Low Comments: Has a low- and broad - spreading canopy. purple -leaf plu rim 81 (Pus c . 'Atropurp urea') 5 15 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 82 (Prunus c . 'Atropurpurea') 7 20 75% 25% Fair Low Comments: Leans and partially uprooted. Should be removed ASAP. purple -leaf plum 83 (Prunus c. 'Atropurpurea') 5 10 50% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 84 (Prunus c . 'Atropurpurea') 9 20 50% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plu 85 (Pninus c . 'Atropurp urea') 8 15 25% 25% 1 Poor Low Comments: Significant sunscald and dieback. Pruned to a high canopy. purple -leaf plum 86 (Prunus c . 'Atropurpurea') 7 6 25% 25% 1 Poor Low Comments: Nearly dead. Pruned to a high canopy. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 4 of 13 July 22, 2011 I purple -leaf plum 79 (Prunus c. 'Atropurpurea') 8 10 50% 25 °/n Poor 0 0 0 p ai o IA J I? C II • II i L1 O O o W o O tl + +� O O f0 U +' +O+ S +- �O N 'a v p N N O • M >' O a N U CO CO U LL TREE E a o u s c O 0 i O U1 O 0 +, RO NO. TREE NAME w v = �' c �' O Comments: Pruned to a high canopy. cherry plum 80 (Prunus eerasifera) 9 25 75% 50% Fair Low Comments: Has a low- and broad - spreading canopy. purple -leaf plu rim 81 (Pus c . 'Atropurp urea') 5 15 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 82 (Prunus c . 'Atropurpurea') 7 20 75% 25% Fair Low Comments: Leans and partially uprooted. Should be removed ASAP. purple -leaf plum 83 (Prunus c. 'Atropurpurea') 5 10 50% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 84 (Prunus c . 'Atropurpurea') 9 20 50% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plu 85 (Pninus c . 'Atropurp urea') 8 15 25% 25% 1 Poor Low Comments: Significant sunscald and dieback. Pruned to a high canopy. purple -leaf plum 86 (Prunus c . 'Atropurpurea') 7 6 25% 25% 1 Poor Low Comments: Nearly dead. Pruned to a high canopy. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 4 of 13 July 22, 2011 I purple -leaf plum 79 (Prunus c. 'Atropurpurea') 8 10 50% 25 °/n Poor Low Comments: Pruned to a high canopy. cherry plum 80 (Prunus eerasifera) 9 25 75% 50% Fair Low Comments: Has a low- and broad - spreading canopy. purple -leaf plu rim 81 (Pus c . 'Atropurp urea') 5 15 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 82 (Prunus c . 'Atropurpurea') 7 20 75% 25% Fair Low Comments: Leans and partially uprooted. Should be removed ASAP. purple -leaf plum 83 (Prunus c. 'Atropurpurea') 5 10 50% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 84 (Prunus c . 'Atropurpurea') 9 20 50% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plu 85 (Pninus c . 'Atropurp urea') 8 15 25% 25% 1 Poor Low Comments: Significant sunscald and dieback. Pruned to a high canopy. purple -leaf plum 86 (Prunus c . 'Atropurpurea') 7 6 25% 25% 1 Poor Low Comments: Nearly dead. Pruned to a high canopy. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 4 of 13 July 22, 2011 I Alk ARBOR RESOURCES profe55lonal conaulting arbormt5 and tree care TREE INVENTORY TABLE purple -leaf plum 87 (Pninus c. 'Atropurpurea') 2 5 50% 50% 1 Low Moderate Comments: Pruned to a high canopy. Has a large wound along trunk. shamel ash 88 (Fraxinus uhdei) 10 30 50% 50% Fair Moderate Comments: Heavy limb weight. Pruned to a high canopy. purple -leaf plu rim 89 (Pus c . 'Atropurp urea') 3 5 50% 25% 1 Poor Low Comments: Trunk decay. Pruned to a high canopy. purple -leaf plum 90 (Prunus c . 'Atropurpurea') 8 10 50% 25% 1 Poor Low Comments: Pruned to a high canopy. Trunk decay and wounds. Sunscald. purple -leaf plum 91 (Prunus c. 'Atropurpurea') 6 10 75% 25% Fair Low Comments: Pruned to a high canopy. Trunk decay and wounds. Sunscald. purple -leaf plum 92 (Prunus c . 'Atropurpurea') 9 20 75% 25% Fair Low Comments: Pruned to a high canopy. purple -leaf plu 93 (Pninus c . 'Atropurp urea') 3 8 75% 50% Fair Lost Comments: Pruned to a high canopy. purple -leaf plum 94 (Prunus c . 'Atropurpurea') 4 8 75% 50% Fair Lo�� Comments: Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 5 of 13 July 22, 2011 a 0 0 0 p ai o IA J I? C II • II i L1 O O o W o O tl + +� O O f0 U +' +O+ S +- �O N 'a v p N N O • M >' O a N U CO CO U LL TREE E a o u s c O 0 i O U1 O 0 +, RO NO. TREE NAME w v = �' c �' O purple -leaf plum 87 (Pninus c. 'Atropurpurea') 2 5 50% 50% 1 Low Moderate Comments: Pruned to a high canopy. Has a large wound along trunk. shamel ash 88 (Fraxinus uhdei) 10 30 50% 50% Fair Moderate Comments: Heavy limb weight. Pruned to a high canopy. purple -leaf plu rim 89 (Pus c . 'Atropurp urea') 3 5 50% 25% 1 Poor Low Comments: Trunk decay. Pruned to a high canopy. purple -leaf plum 90 (Prunus c . 'Atropurpurea') 8 10 50% 25% 1 Poor Low Comments: Pruned to a high canopy. Trunk decay and wounds. Sunscald. purple -leaf plum 91 (Prunus c. 'Atropurpurea') 6 10 75% 25% Fair Low Comments: Pruned to a high canopy. Trunk decay and wounds. Sunscald. purple -leaf plum 92 (Prunus c . 'Atropurpurea') 9 20 75% 25% Fair Low Comments: Pruned to a high canopy. purple -leaf plu 93 (Pninus c . 'Atropurp urea') 3 8 75% 50% Fair Lost Comments: Pruned to a high canopy. purple -leaf plum 94 (Prunus c . 'Atropurpurea') 4 8 75% 50% Fair Lo�� Comments: Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 5 of 13 July 22, 2011 a Alk ARBOR RESOURCES profe55lonal conaulting arbormt5 and tree care TREE INVENTORY TABLE shamel ash 95 (Fraxinus uhdei) 10 35 50% 25% 1 Poor Low Comments: Severely pruned and substantial heavy limb weight. Structure also poor. Has a large girdling root. shamel ash 96 (Fraxinus uhdei) 11 30 75% 25% Fair Low Comments: Poor structure. Pruned to a high canopy. purple -leaf plum 97 (Primus c. 'Atropurpurea') 4 10 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 98 (Prunus c. 'Atropurpurea') 5 15 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 99 (Primus c . 'Atropurpurea') 5 15 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plu rim 100 (Pus c . 'Atropurp urea') 4 10 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 101 (Prunus c . 'Atropurpurea') 4 15 75% 50% Fair 0 0 0 p ai o IA J I? C II • II i L1 O O o W o O tl + +� O O f0 U +' +O+ S +- �O N 'a v p N N O • M >' O a N U CO CO U LL TREE E a o u s c O 0 i O U1 O 0 +, RO NO. TREE NAME w v = �' c �' O shamel ash 95 (Fraxinus uhdei) 10 35 50% 25% 1 Poor Low Comments: Severely pruned and substantial heavy limb weight. Structure also poor. Has a large girdling root. shamel ash 96 (Fraxinus uhdei) 11 30 75% 25% Fair Low Comments: Poor structure. Pruned to a high canopy. purple -leaf plum 97 (Primus c. 'Atropurpurea') 4 10 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 98 (Prunus c. 'Atropurpurea') 5 15 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 99 (Primus c . 'Atropurpurea') 5 15 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plu rim 100 (Pus c . 'Atropurp urea') 4 10 75% 50% Fair Low Comments: Pruned to a high canopy. Comments: Pruned to a high canopy. purple -leaf plum 102 (Prunus c. 'Atropurpurea') 5 10 75% 50% Fair Low Comments: Pruned to a high canopy. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 6 of 13 July 22, 2011 F' 1 purple -leaf plum 101 (Prunus c . 'Atropurpurea') 4 15 75% 50% Fair Low Comments: Pruned to a high canopy. purple -leaf plum 102 (Prunus c. 'Atropurpurea') 5 10 75% 50% Fair Low Comments: Pruned to a high canopy. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 6 of 13 July 22, 2011 F' 1 Alk ARBOR RESOURCES profe55lonal conaulting arbormt5 and tree care TREE INVENTORY TABLE purple -leaf plum 103 ( Prunus c. 'Atropurpurea') 7 20 50% 25% 1 Poor Low Comments: Pruned to a high canopy. Large wound along trunk and decay. purple -leaf plum 104 (Prunes c . 'Atropurpurea') 9 20 75% 50% Fair Low Comments: Pruned to a high canopy. Sunscald and has a girdling root. evergreen pear 105 (Pyrus kawakamii) 6 15 50% 50% Fair Moderate Comments: Has a wound at base. Pruned to a high canopy. flowering pear 106 (Pyrus calleryana) 4 10 75% 25% Fair Low Comments: Has a girdling root. Pruned to a high canopy. evergreen pear 107 (Pyrus kawakamii) 6 10 50 % 25% 1 Poor Low Comments: Has a girdling root. Pruned to a high canopy. evergreen pear 108 (Pyms kawakanaii) 5 15 75 % 50% Fair Law Comments: Grows beneath tree # 109 and has a suppressed canopy. purple -leaf plum 109 ( Prunes e. 'Atropurpurea') 11 20 50% 50% Fair Low Comments: Situated adjacent to tree # 1, within the median island off the SCB entrance. American sweetgum 110 (Liquidambar styracii lua) 15 25 75% 50% Fair Low Comments: Grows adjacent to # 111 and 112 (all three trees form a contiguous canopy). Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 7 of 13 July 22, 2011 a 0 0 0 p a) o IA J I? C II • II i L1 O O o W o O d + +� O O f0 U +' +O+ S +- �O N 'a v O N N O • M >' O a N U CO CO U LL TREE E a o u s c O 0 i O U1 O 0 +, RO NO. TREE NAME w v = �' c �' O purple -leaf plum 103 ( Prunus c. 'Atropurpurea') 7 20 50% 25% 1 Poor Low Comments: Pruned to a high canopy. Large wound along trunk and decay. purple -leaf plum 104 (Prunes c . 'Atropurpurea') 9 20 75% 50% Fair Low Comments: Pruned to a high canopy. Sunscald and has a girdling root. evergreen pear 105 (Pyrus kawakamii) 6 15 50% 50% Fair Moderate Comments: Has a wound at base. Pruned to a high canopy. flowering pear 106 (Pyrus calleryana) 4 10 75% 25% Fair Low Comments: Has a girdling root. Pruned to a high canopy. evergreen pear 107 (Pyrus kawakamii) 6 10 50 % 25% 1 Poor Low Comments: Has a girdling root. Pruned to a high canopy. evergreen pear 108 (Pyms kawakanaii) 5 15 75 % 50% Fair Law Comments: Grows beneath tree # 109 and has a suppressed canopy. purple -leaf plum 109 ( Prunes e. 'Atropurpurea') 11 20 50% 50% Fair Low Comments: Situated adjacent to tree # 1, within the median island off the SCB entrance. American sweetgum 110 (Liquidambar styracii lua) 15 25 75% 50% Fair Low Comments: Grows adjacent to # 111 and 112 (all three trees form a contiguous canopy). Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 7 of 13 July 22, 2011 a Alk ARBOR RESOURCES profe55lonal conaulting arbormt5 and tree care TREE INVENTORY TABLE American sweetgum 111 (Liquidambar styracua) 16 25 75% 25% Fair Low Comments: Grows adjacent to # 110 and 112 (all three trees form a contiguous canopy). Has girdling roots. American sweetgum 112 (Liquidambar styracii lua) 12 25 50% 25% 1 Poor Low Comments: Grows adjacent to # 110 and 111 (all three trees form a contiguous canopy). Has a massive girdling root. purple -leaf plum 113 ( Pnunus c. 'Atropurpurea') 8 15 75% 25% Fair Low Comments: Trunk decay and sunscald. Pruned to a high canopy. purple -leaf plum 114 (Prunus c . 'Atropurpurea') 7 10 50% 25% 1 Poor Low Comments: Pruned to a high canopy. purple -leaf plu 115 (Prunus c . 'Atropurp urea') 4 10 75% 50% Fair Low Comments: purple -leaf plum 116 (Prunus c . 'Atropurpurea') 5 15 75% 0% Poor Low Comments: Tree has uprooted and is falling over. Should be removed ASAP. purple -leaf plum 117 (Prunus c. 'Atropurpurea') 5 10 75% 25% Fair Low Comments: purple -leaf plum 118 (Prunus c . 'Atropurpurea') 5 10 75% 25% Fair Lo�� Comments: Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 8 of 13 July 22, 2011 0 1,• 0 0 0 p a) o IA J I? C II • II i L1 O O o W o O d + +� O O f0 U +' +O+ S +- �O N 'a v p N N O • M >' O a N U CO CO U LL TREE E a o u s c O 0 i O U1 O 0 +, RO NO. TREE NAME w v = �' c �' O American sweetgum 111 (Liquidambar styracua) 16 25 75% 25% Fair Low Comments: Grows adjacent to # 110 and 112 (all three trees form a contiguous canopy). Has girdling roots. American sweetgum 112 (Liquidambar styracii lua) 12 25 50% 25% 1 Poor Low Comments: Grows adjacent to # 110 and 111 (all three trees form a contiguous canopy). Has a massive girdling root. purple -leaf plum 113 ( Pnunus c. 'Atropurpurea') 8 15 75% 25% Fair Low Comments: Trunk decay and sunscald. Pruned to a high canopy. purple -leaf plum 114 (Prunus c . 'Atropurpurea') 7 10 50% 25% 1 Poor Low Comments: Pruned to a high canopy. purple -leaf plu 115 (Prunus c . 'Atropurp urea') 4 10 75% 50% Fair Low Comments: purple -leaf plum 116 (Prunus c . 'Atropurpurea') 5 15 75% 0% Poor Low Comments: Tree has uprooted and is falling over. Should be removed ASAP. purple -leaf plum 117 (Prunus c. 'Atropurpurea') 5 10 75% 25% Fair Low Comments: purple -leaf plum 118 (Prunus c . 'Atropurpurea') 5 10 75% 25% Fair Lo�� Comments: Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 8 of 13 July 22, 2011 0 1,• Alk ARBOR RESOURCES profe55lonal conaulting arbormt5 and tree care TREE INVENTORY TABLE Comments: Has a girdling root. purple -leaf plum 120 (Prunes c . 'Atropurpurea') 4 10 75% 25% Fair Low Comments: shamel ash 121 (Fraxinus uhdei) 13 45 25% 50% 1 Poor Low Comments: Declining. A branch recently broke from tree. purple -leaf plum 122 (Prunus c . 'Atropurpurea') 4 10 75% 25% Fair Low Comments: Ravwood ash 123 (Fraxinus o . 'Raywood') 6 15 25% 25% Poor Low Comments: Dying and in extremely poor condition. Has a girdling root. purple -leaf plum 124 (Prunus c . 'Atropurpurea') 4 10 75% 50% Fair Low Comments: purple -leaf plu m 125 (Pnus c . 'Atropurp urea') 7 10 50% 25% 1 Poor Low Comments: Significant trunk decay and wound. purple -leaf plum 126 (Prunus c . 'Atropurpurea') 7 8 25% 25% 1 Poor Low Comments: Significant trunk decay and wound. Extremely poor condition and form. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 9 of 13 July 22, 2011 purple -leaf plum 119 (Prunus c. 'Atropurpurea') 4 10 75% 25 °/n Fair 0 0 0 p a) o IA J I? C II • II i L1 O O o W o O d + +� O O f0 U +' +O+ S +- �O N 'a v p N N O • M >' O a N U CO CO U LL TREE E a o u s c O 0 i O U1 O 0 +, RO NO. TREE NAME w v = �' c �' O Comments: Has a girdling root. purple -leaf plum 120 (Prunes c . 'Atropurpurea') 4 10 75% 25% Fair Low Comments: shamel ash 121 (Fraxinus uhdei) 13 45 25% 50% 1 Poor Low Comments: Declining. A branch recently broke from tree. purple -leaf plum 122 (Prunus c . 'Atropurpurea') 4 10 75% 25% Fair Low Comments: Ravwood ash 123 (Fraxinus o . 'Raywood') 6 15 25% 25% Poor Low Comments: Dying and in extremely poor condition. Has a girdling root. purple -leaf plum 124 (Prunus c . 'Atropurpurea') 4 10 75% 50% Fair Low Comments: purple -leaf plu m 125 (Pnus c . 'Atropurp urea') 7 10 50% 25% 1 Poor Low Comments: Significant trunk decay and wound. purple -leaf plum 126 (Prunus c . 'Atropurpurea') 7 8 25% 25% 1 Poor Low Comments: Significant trunk decay and wound. Extremely poor condition and form. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 9 of 13 July 22, 2011 purple -leaf plum 119 (Prunus c. 'Atropurpurea') 4 10 75% 25 °/n Fair Low Comments: Has a girdling root. purple -leaf plum 120 (Prunes c . 'Atropurpurea') 4 10 75% 25% Fair Low Comments: shamel ash 121 (Fraxinus uhdei) 13 45 25% 50% 1 Poor Low Comments: Declining. A branch recently broke from tree. purple -leaf plum 122 (Prunus c . 'Atropurpurea') 4 10 75% 25% Fair Low Comments: Ravwood ash 123 (Fraxinus o . 'Raywood') 6 15 25% 25% Poor Low Comments: Dying and in extremely poor condition. Has a girdling root. purple -leaf plum 124 (Prunus c . 'Atropurpurea') 4 10 75% 50% Fair Low Comments: purple -leaf plu m 125 (Pnus c . 'Atropurp urea') 7 10 50% 25% 1 Poor Low Comments: Significant trunk decay and wound. purple -leaf plum 126 (Prunus c . 'Atropurpurea') 7 8 25% 25% 1 Poor Low Comments: Significant trunk decay and wound. Extremely poor condition and form. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 9 of 13 July 22, 2011 Alk ARBOR RESOURCES profe55lonal conaulting arbormt5 and tree care TREE INVENTORY TABLE American sweetgum 127 (Liquidambar styracua) 8 25 75% 25% Fair Low Comments: Heavy limb weight. Improperly pruned. American sweetgum 128 ( Liquidambar styraciflua) 7 20 75% 25% Fair Low Comments: Heavy limb weight and has a girdling root. American sweetgum 129 (Liquidambarstyraci 11 40 75% 25% Fair Low Comments: Has a slight lean and mound opposite lean, indicators of a partial root failure. shamel ash 130 (Fraxinus uhdei) 22 65 75% 25% Fair Moderate Comments: Significantly pruned and heavy limb weight. Has a very large surface root. shamel ash 131 (Fraxinus uhdei) 22 50 50% 25% 1 Poor Low Comments: Multiple leaders form weak attachments. Adjacent sidewalk 2.5 feet from trunk has been raised (past and current) by roots. Very sparse canopy. Significantly pruned. shamel ash 132 (Fraxinus uhdei) 24 50 75% 25% Fair Moderate Comments: Excessively pruned. Adjacent sidewalk 3.5 feet from trunk has been raised by roots. shamel ash 133 (Fraxinus uhdei) 13 40 75% 50% Fair Moderate Comments: Shrubs restrict visibility of lower trunk. Highly pruned, and heavy In Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 10 of 13 841 July 22, 2011 0 0 0 p at o IA J I? C II • II i L1 O O o W o O d + +� O O f0 U +' +O+ S 4 �O N 'a v p N N O • M >' O a N U CO CO U LL TREE E a o u s c O 0 i O U1 O 0 +, RO NO. TREE NAME w v = �' c �' O American sweetgum 127 (Liquidambar styracua) 8 25 75% 25% Fair Low Comments: Heavy limb weight. Improperly pruned. American sweetgum 128 ( Liquidambar styraciflua) 7 20 75% 25% Fair Low Comments: Heavy limb weight and has a girdling root. American sweetgum 129 (Liquidambarstyraci 11 40 75% 25% Fair Low Comments: Has a slight lean and mound opposite lean, indicators of a partial root failure. shamel ash 130 (Fraxinus uhdei) 22 65 75% 25% Fair Moderate Comments: Significantly pruned and heavy limb weight. Has a very large surface root. shamel ash 131 (Fraxinus uhdei) 22 50 50% 25% 1 Poor Low Comments: Multiple leaders form weak attachments. Adjacent sidewalk 2.5 feet from trunk has been raised (past and current) by roots. Very sparse canopy. Significantly pruned. shamel ash 132 (Fraxinus uhdei) 24 50 75% 25% Fair Moderate Comments: Excessively pruned. Adjacent sidewalk 3.5 feet from trunk has been raised by roots. shamel ash 133 (Fraxinus uhdei) 13 40 75% 50% Fair Moderate Comments: Shrubs restrict visibility of lower trunk. Highly pruned, and heavy In Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 10 of 13 841 July 22, 2011 Alk ARBOR RESOURCES profe55lonal conaulting arbormt5 and tree care TREE INVENTORY TABLE purple -leaf plum 134 ( Prunus c. 'Atropurpurea') 3 10 75% 50% Fair Lo�� Comments: Pruned to a high canopy. Beneath # 133's canopy. purple -leaf plum 135 (Prunes c . 'Atropurpurea') 4 10 75% 50% Fair Low Comments: Pruned to a high canopy. Beneath #133's canopy. hawthorn 136 (Crataegus sp.) 3 10 75% 50% Fair Moderate Comments: In front of the 20568 building address. Canopy is shaped. flowering pear 137 ( Prunus calleryana) 7 15 75% 50% Fair Moderate Comments: Has minor infestation of tussock moths. Street tree. flowering pear 138 (Pninus calleryana) 5 10 75% 50% Fair 0 0 0 p a) o IA J I? C II • II i L1 O O o M o O d + +� O O f0 U +' +O+ S +- �O N 'a v p N N O • M >' O a N U CO CO U LL TREE E a o u s c 7 +, i O 0 i O U1 O 0 NO. TREE NAME w V) CL = �' c �' O purple -leaf plum 134 ( Prunus c. 'Atropurpurea') 3 10 75% 50% Fair Lo�� Comments: Pruned to a high canopy. Beneath # 133's canopy. purple -leaf plum 135 (Prunes c . 'Atropurpurea') 4 10 75% 50% Fair Low Comments: Pruned to a high canopy. Beneath #133's canopy. hawthorn 136 (Crataegus sp.) 3 10 75% 50% Fair Moderate Comments: In front of the 20568 building address. Canopy is shaped. flowering pear 137 ( Prunus calleryana) 7 15 75% 50% Fair Moderate Comments: Has minor infestation of tussock moths. Street tree. Comments: Street tree. flowering pear 139 (Pnenus calleryana) 7 20 5011 50% Fair Moderate Comments: Street tree. purple -leaf plu m 140 (Pnus c . 'Atropurp urea') 10 20 50% 50% Fair Low Comments: Shrubs restrict visibility of lower trunk. purple -leaf plum 141 (Prunus c . 'Atropurpurea') 8 10 50% 50% Fair Low Comments: Pruned to a high canopy. Within a very narrow planter. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 11 of 13 July 22, 2011 flowering pear 138 (Pninus calleryana) 5 10 75% 50% Fair Moderate Comments: Street tree. flowering pear 139 (Pnenus calleryana) 7 20 5011 50% Fair Moderate Comments: Street tree. purple -leaf plu m 140 (Pnus c . 'Atropurp urea') 10 20 50% 50% Fair Low Comments: Shrubs restrict visibility of lower trunk. purple -leaf plum 141 (Prunus c . 'Atropurpurea') 8 10 50% 50% Fair Low Comments: Pruned to a high canopy. Within a very narrow planter. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 11 of 13 July 22, 2011 Alk ARBOR RESOURCES profe55lonal conaulting arbormt5 and tree care TREE INVENTORY TABLE crape myrtle 142 (Lagerstroemia indica) 3 8 75% 25% Fair Lo�� Comments: Highly pruned. Has an asymmetrical canopy. crape myrtle 143 (Lagerstroemia indica) 4 10 75% 50% Fair Moderate Comments: Highly pruned. crape myrtle 144 (Lagerstroemia indica) 5 10 75% 50% Fair Moderate Comments: Highly pruned. crape myrtle I I 145 (Lagerstroemia indica) 5 10 75% 50% Fair 0 0 0 p at o IA J I? C II • II i L1 O O o W o O d + +� O O f0 U +' +O+ S 4 �O N 'a v p N N O • M >' O a N U CO CO U LL TREE E a o u s c 7 +, i O 0 i O U1 O 0 NO. TREE NAME w V) CL = �' c �' O crape myrtle 142 (Lagerstroemia indica) 3 8 75% 25% Fair Lo�� Comments: Highly pruned. Has an asymmetrical canopy. crape myrtle 143 (Lagerstroemia indica) 4 10 75% 50% Fair Moderate Comments: Highly pruned. crape myrtle 144 (Lagerstroemia indica) 5 10 75% 50% Fair Moderate Comments: Highly pruned. Comments: Highly pruned. crape myrtle I I 145 (Lagerstroemia indica) 5 10 75% 50% Fair Moderate Comments: Highly pruned. Comments: Highly pruned. crape myrtle 147 (Lagerstroentia indica) 5 10 75% 50% Fair Moderate Comments: Highly pruned. evergreen pear 148 (Pyrus kawakan1h) 14 25 25% 50% 1 Poor Low Comments: Base is one -foot from existing building foundation. Base is covered in ivy. A previous trunk has been removed. Has dieback and is declining. crape myrtle I I 146 (Lagerstroemia indica) 5 10 75% 50% Fair Moderate Comments: Highly pruned. crape myrtle 147 (Lagerstroentia indica) 5 10 75% 50% Fair Moderate Comments: Highly pruned. evergreen pear 148 (Pyrus kawakan1h) 14 25 25% 50% 1 Poor Low Comments: Base is one -foot from existing building foundation. Base is covered in ivy. A previous trunk has been removed. Has dieback and is declining. Comments: Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 12 of 13 July 22, 2011 o li Elegant Brisbane box I I 149 (Tristania I. 'Elegans') 6 15 100% 75% Good Moderate Comments: Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 12 of 13 July 22, 2011 o li Alk ARBOR RESOURCES profe55lonal conaulting arbormt5 and tree care TREE INVENTORY TABLE Elegant Brisbane box 150 (Tristania I. 'Elegans') 6 15 100% 75 I Good I Moderate Comments: Mexican fan palm 151 (Washingtonia robusta) 18, 17 25 50% 75% Fair Moderate Comments: Comprised of two separate trunks growing adjacent to another. Have 20 to 25 brown -trunk feet. flowering pear 152 (Prunus calleryana) 14 - 0% 0% Dead Low Comments: Tree is dead. crape myrtle 153 (Lagerstroemia indica) 7 20 50% 75% Fair Moderate Comments: Has a sparse canopy. purple -leaf plum 154 (Primus c . 'Atropurpurea') 11 15 75% 25% Fair Low Comments: Has a major wound with decay along trunk. flowering pear 155 (Prunus calleryana) 5 10 75% 50% Fair Moderate Comments: Street tree. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 13 of 13 874 July 22, 2011 0 0 0 p a) o IA J I? C II • II i L1 O O o W o O d + +� O O f0 U +' +O+ S +- �O N 'a v p N N O • M >' O a N U CO CO U LL TREE E a o u s c O 0 i O U1 O 0 +, RO NO. TREE NAME w v = �' c �' O Elegant Brisbane box 150 (Tristania I. 'Elegans') 6 15 100% 75 I Good I Moderate Comments: Mexican fan palm 151 (Washingtonia robusta) 18, 17 25 50% 75% Fair Moderate Comments: Comprised of two separate trunks growing adjacent to another. Have 20 to 25 brown -trunk feet. flowering pear 152 (Prunus calleryana) 14 - 0% 0% Dead Low Comments: Tree is dead. crape myrtle 153 (Lagerstroemia indica) 7 20 50% 75% Fair Moderate Comments: Has a sparse canopy. purple -leaf plum 154 (Primus c . 'Atropurpurea') 11 15 75% 25% Fair Low Comments: Has a major wound with decay along trunk. flowering pear 155 (Prunus calleryana) 5 10 75% 50% Fair Moderate Comments: Street tree. Site: 20730 Stevens Creek Boulevard - BUILDINGS E AND F Prepared for: City of Cupertino Comm. Develop. Depart. Prepared by: David L. Babby 13 of 13 874 July 22, 2011 David L. Babby, Registered ConsultingArborise July 22, 2011 EXHIBIT B: SITE MAP — Building E SITE MAP — Building F 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department 885 20730 STEVENS CREEK BOULEVARD Cupertino, California - -- Building E - -- HI ,, . 20730 STEVENS CREEK BOULEVARD Cupertino, California - -- Building F - -- 7 W MI c 42 207 David L. Babbv. Registered Consnittnw_41 AN 22. 2011 EXHIBIT C: f]: Eel oZ : _ ' ma M D4,- +- I-A -v Page C -1: Trees #62 thru 71 Page C -2: Trees #72 thru 81 Page C -3: Trees #82 thru 91 Page C -4: Trees #92 thru 100 Page C -5: Trees #101 thru 108 Page C -6: Trees #1, 109 thru 114 Page C -7: Trees #115 thru 123 Page C -8: Trees #124 thru 132 Page C -9: Trees #132 thru 140 Page C -10: Trees #39, 40, 141 thru 147 Page C -11: Trees #36 thru 38, 148 thru 152 Page C -12: Trees #153 thru 155 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Comnninity Development Department Me i .. r: ,: - .64 69 David L. Babbv. Registered ConsultinvArborist`' a 22, 2011 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department Page C -2 FS .1 David L. Babbv. Registered ConsultinvArborist`' 22, 2011 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department F !' Page C -3 David L. Babbv. Registered ConsultinvArborist`' 22, 2011 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department F! : Page C -4 David L. Babbv. Registered ConsultinvArborist`' 22, 2011 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department Page C -5 David L. Babbv. Registered ConsultinvArborist`' 22, 2011 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department M Page G6 David L. Babbv. Registered ConsultinvArborist`' 22, 2011 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department M•. Page G7 David L. Babbv. Registered ConsultinvArborist`' 22, 2011 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department W! ! • Page G8 David L. Babbv. Registered ConsultinvArborist`' 22, 2011 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department ;I Page G9 David L. Babbv. Registered ConsultinvArborist`' M 22, 2011 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department Page C -10 208 David L. Babbv. Registered ConsultinvArborist`' 22, 2011 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department .' F 'J Page C -11 David L. Babbv. Registered ConsultinvArborist`' 22, 2011 20730 Stevens Creek Boulevard, Cupertino City of Cupertino Community Development Department Page C -12 2013 ATTACHMENT 5 A R C H I T E C T U R E kahn design associates INVITATION TO COMMUNITY MEETING FOR PORPOSED BUILDINGS AT CUPERTINO CROSSROADS CENTER 20730 STEVENS CREEK BLVD. (FORMER MERVYN'S BUILDING) Meeting Date: Wednesday July 27, 2011 Time: 6:30pm- 7:30pm Location: In the former Marie Callender's Building- 20750 Stevens Creek Blvd, Cupertino, CA. Dear Neighbor: We are the architectural firm for the Cupertino Crossroads Shopping Center which housed the former Mervyn's. We are pleased to report that we will soon be starting construction on the T.J. Maxx project that was presented at the neighborhood meeting on March 28, 2011. In addition to the work on the main center we are proposing two new buildings along Stevens Creek Blvd. One building will be a new restaurant to replace the Marie Callender's and will be approximately the same size (5200 sq. ft.). There is also a new 8200 sq. ft. multi- tenant retail building proposed near the center's main entrance. Alex Byer of Byer Properties and Charles Kahn of Kahn Design Associates are hosting an informational meeting at the former Marie Callender's space adjacent to Pizza Hut to show neighbors and community members the plans for the new buildings. Please join us to preview the new proposed restaurant and retail building. We look forward to your input and the opportunity to answer your questions. If you need any information prior to or after the meeting please contact project leader Mark Creedon of Kahn Design Associates. Mark's phone number is 510 - 841 -3555. kahndesignassociates.com telephone: 510.841.3555 Pax: 510.841.1225 1810 sixth street, berkeley, ca 94710 204 ® ARCH I T E C T U RE k a h n design associates MEETING NOTES Meeting Date: July 27, 2011 630 — 745 PM Meeting Location: Cupertino Crossroads Marie Callenders' Building 20750 Stevens Creek Blvd ATTACHMENT 6 Meeting Subject: Cupertino Crossroads Pad Buildings - Neighborhood Outreach Presentation Purpose: To present the Proposed Pad Buildings Project to the community Present: Carol Phillips — 20739 Scofield Dr. Jane Hoyt - 20725 Scofield Dr. Jay Hoyt (Son) - 1319 W. Kaweah, Visalia, CA 93277 Rodney and Lucille Honig — 20745 Scofield Dr. Presenter: Mark Creedon, AIA - Kahn Design Associates (KDA) Mark Creedon made introductions and provided an overview of the project and then made specific detailed presentations of the proposed Pad E 8200 SF Multi- tenant Building and then Pad F 5100 SF Stand Alone restaurant. The materials presented were the TJ Max elevations and site plan (previously presented). Proposed rendered landscape /site plans and two rendered perspectives of each of the proposed buildings Questions were asked and answered to the attendees' satisfaction on the following topics: site lighting, landscape, truck access, parking, trash areas, deliveries, truck routes, construction schedules, possible uses and tenants, odor abatement, hours of operation, proposed truck routes, and building colors. The general feeling among those attending was very positive in general and very complimentary of the proposed buildings specifically. There is general enthusiasm and support for the project. The attendees stated the following: Item Number: 1. On site storage: In the past, prior tenants have periodically stored shipping containers in the service ally and refrigerated containers on site for long periods. They requested that these not be allowed. 2. Deliveries: There was a concern about delivery times and they would like to minimize early morning or nighttime deliveries if possible. 3. Parking lot lights: Currently parking lot lights are on 24 hrs. The residents asked that there be a lighting schedule that minimized lighting during late night and early morning hours. 4. Refuse truck schedule: The request was made that refuse pick -up be scheduled during normal business hours if possible to avoid early morning or late night pick -ups. 5. Planter by service alley: It was stated that trucks hit or drive over the planter at the service ally. They asked that we review this so that it might help to minimize truck downshifting and reverse warning sounds. END OF COMMENTS Kahn Design Associates will rely on these notes as the approved record of matters discussed and conclusions reached during this meeting unless written notice to the contrary is received within seven calendar days of the issue date of these meeting notes. 209 ATTACHMENT 7 CITY OF CUPERTINO MITIGATED NEGATIVE DECLARATION As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4,1974, January 171977, May 1, 1978, and July 7, 1980, the following described project was granted a Mitigated Negative Declaration by the City Council of the City of Cupertino on September 6, 2011. PROTECT DESCRIPTION AND LOCATION Application No.: EA- 2010 -10, DP- 2011 -03, ASA- 2011 -12, EXC- 2011 -10, TR- 2011 -30 Applicant: Mark Creedon (Byer Properties) Location: 20750 Stevens Creek Boulevard (Cupertino Crossroads) DISCRETIONARY ACTION REOUEST Development Permit to allow the construction of two new retail pad buildings, 8,136 square feet and 5,086 square feet respectively and demolition of an existing 4,930 square foot restaurant building, for a net square footage increase with associated site improvements; Architectural and Site approval for two new retail building pads and associated site improvements, including, but not limited to parking lot re- orientation, lighting, landscaping and street frontage improvements consistent with the Heart of the City Specific Plan; Exception to the Heart of the City Specific Plan to allow a 26 foot front setback for a new 5,086 square foot retail building pad where a 35 foot front setback is required; Tree Removal Permit to allow the removal and replacements of seventy -nine trees at an existing shopping center in conjunction with the proposed new development FINDINGS OF DECISIONMAKING BODY The Planning Commission granted a Mitigated Negative Declaration since the project is consistent with the General Plan and there are no significant environmental impacts. The applicant shall adhere to all of the conditions required by the Planning Commission on August 9, 2011 including but not limited to: 1) Mitigation efforts to address potential odor control from future restaurant tenants 2) Mitigation effort to address reduction of noise levels 3) Mitigation efforts to address intersection of Bandley Drive and Stevens Creek Boulevard Aarti Shrivastava Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Mitigated Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on City Clerk g/erc/negEA201110 C: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777 -3308 FAX (408) 777 -3333 C U P E RTI N O Community Development Department INITIAL STUDY - ENVIRONMENTAL EVALUATION CHECKLIST Staff Use Only EA File No. EA- 2011 -10 Attachments: 1 PROJECT DESCRIPTION: Project Title: Cupertino Crossroads Building Pads (DP- 2011 -03, ASA- 2011 -12, EXC- 2011 -10, TR- 2011 -30) Project Location: 20750 Stevens Creek Boulevard Project Description: Development Permit to allow the construction of two new retail pad buildings, 8,136 square feet and 5,086 square feet respectively, and demolition of an existing 4,930 square foot restaurant building, for a net square footage increase of 8,292 square feet (DP- 2011 -03); Architectural and Site Approval for two new retail building pads and associated site improvements, including, but not limited to, parking lot re- orientation, lighting, landscaping and street frontage improvements consistent with the Heart of the City Specific Plan (ASA- 2011 -12); Exception to the Heart of the City Specific Plan to allow a 26 foot front setback for a new 5,086 retail building pad where a 35 foot front setback is required (EXC-201 1 -1 0); and Tree Removal Permit to allow the removal and replacement of 79 trees at an existing shopping center in conjunction with the proposed new development (TR- 2011 -30) Environmental Setting: The project site is located near the south side intersection of Stevens Creek Boulevard and Bandley Drive within an existing commercial shopping center with retail, restaurant, personal service, and specialty food uses. The site is situated on relatively flat topography and fronts a major arterial road (Stevens Creek Boulevard). Adjacent and across the street land uses include single family residential to the south; a commercial shopping center to the north; commercial retail and restaurants to the west; and commercial retail to the east. Existing structures on the site consist of one -story commercial retail buildings with varying front setbacks of 50 to 250 feet. Approximately 100 trees and varying landscaping features encompass the project site. No known cultural or historic resources exist onsite. PROJECT DESCRIPTION: Site Area (ac.) — 5.44 ac Exist. Building Coverage — 58% Exist. Building — 136,590 Proposed Bldg. — 144,882 Zone — Planned Development G.P. Designation — Commercial /Office /Residential Assessor's Parcel No. - 359 -08 -013, 359 -08 -006, 359 -08 -020, 359 -08 -021, 359 -08 -022 If Residential, Units /Gross Acre - N/A 204r Total# I Rental /Own I Bdrms I Total s.f. I Price Unit Type #1 Unit Type #2 Unit Type #3 Unit Type #4 Applicable Special Area Plans: (Check) • Monta Vista Design Guidelines ❑ S. De Anza Conceptual • N. De Anza Conceptual ❑ S. Sara -Sunny Conceptual 0 Heart of the City Special Plan ❑ Stevens Creek Blvd. SW & Landscape INITIAL STUDY SOURCE LIST Project Site is Within Cupertino Urban Service Area - A. CUPERTINO GENERAL PLAN SOURCES 1. Land Use Element 2. Public Safety Element 3. Housing Element 4. Transportation Element 5. Environmental Resources 6. Appendix A- Hillside Development 7. Land Use Map 8. Noise Element Amendment 9. City Ridgeline Policy 10. Constraint Maps B. CUPERTINO SOURCE DOCUMENTS 11. Tree Preservation ordinance 778 12. City Aerial Photography Maps 13. "Cupertino Chronicle" (California History Center, 1976) 14. Geological Report (site specific) 15. Parking Ordinance 1277 16. Zoning Map 17. Zoning Code /Specific Plan Documents 18. City Noise Ordinance C. CITY AGENCIES Site 19. Community Development Dept. List 20. Public Works Dept. 21. Parks & Recreation Department 22. Cupertino Water Utility OUTSIDE AGENCIES 23. County Planning Department 24. Adjacent Cities' Planning Departments D. OUTSIDE AGENCIES (Continued) 25. Midpeninsula Regional Open Space District 26. County Parks and Recreation Department 27. Cupertino Sanitary District 28. Fremont Union High School District 29. Cupertino Union School District 30. Pacific Gas and Electric YES 0 NO ❑ 31. Santa Clara County Fire Department 32. County Sheriff 33. CALTRANS 34. County Transportation Agency 35. Santa Clara Valley Water District OUTSIDE AGENCY DOCUMENTS 36. BAAQMD Survey of Contaminant Excesses 37. FEMA Flood Maps /SCVWD Flood Maps 38. USDA, "Soils of Santa Clara County" 39. County Hazardous Waste Management Plan 40. County Heritage Resources Inventory 41. Santa Clara Valley Water District Fuel Leak Site 42. CalEPA Hazardous Waste and Substances Site 43. Santa Clara County Environmental Health OTHER SOURCES 44. Project Plan Set /Application Materials 45. Field Reconnaissance 46. Experience w /project of similar scope /characteristics 47. ABAG Projection Series 208 INSTRUCTIONS A. Complete all information requested on the Initial Study Cover page. LEAVE BLANK SPACES ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE. B. Consult the Initial Study Source List; use the materials listed therein to complete, the checklist information in Categories A through O. C. You are encouraged to cite other relevant sources; if such sources are used, job in their title(s) in the "Source" column next to the question to which they relate. D. If you check any of the "YES" response to any questions, you must attach a sheet explaining the potential impact and suggest mitigation if needed. E. When explaining any yes response, label your answer clearly (Example "N - 3 Historical ") Please try to respond concisely, and place as many explanatory responses as possible on each page. F. Upon completing the checklist, sign and date the Preparer's Affidavit. G. Please attach the following materials before submitting the Initial Study to the City. ✓Project Plan Set of Legislative Document ✓Location map with site clearly marked (when applicable) EVALUATION OF ENVIRONMENTAL IMPACTS: Items A, C, & D: The proposed project will not result in a significant impact on the City's or Region's scenic vistas, visual character or quality of the site and its surroundings, or create a new source of ffit 0 ISSUES: �ra2 P2 o �2 OM [and Supporting Information Sources] 'E E N 'E 3 °' a- - a N 'E E C n z E - m i n m i n ❑ I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a ❑ ❑ Q scenic vista? [5,9,24, 44] b) Substantially damage scenic resources, ❑ Q ❑ ❑ including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? [5,9,11,24,34,41,44] c) Substantially degrade the existing visual ❑ ❑ ❑ Q character or quality of the site and its surroundings? [1, 17,19,44] d) Create a new source of substantial light or ❑ ❑ ❑ Q glare, which would adversely affect day or nighttime views in the area? [1,16,44] Items A, C, & D: The proposed project will not result in a significant impact on the City's or Region's scenic vistas, visual character or quality of the site and its surroundings, or create a new source of ffit substantial light glare agricultural resources. The proposed plans will be reviewed by the public, elected officials, and City staff through public hearings to ensure compliance with the City's General Plan and ordinances. Item B: Scenic Resources The project proposes the removal of 79 protected parking lot trees, all of which are less than 12 inches in diameter. The majority of the trees in question were identified by the City's Consulting Arborist as being over - pruned and predisposed to decline and /or structural defects. The tree removals are necessary in order to enhance the parking lot landscaping and aesthetics. No trees were identified as having a high suitability for preservation, however, nine (9) will be retained onsite, including a large Oak tree to the rear of Pizza Hut. Implementation of the mitigation measures below will reduce the scenic resource impacts to a less than significant level. MITIGATION MEASURES: The project proposes to plant 90 low and medium water use 24 -inch box trees, as well as various 15- gallon trees and shrubs in the parking lot and street frontage, consistent with the replacement requirements of the Protected Tree Ordinance and landscape design concept of the Heart of the City Specific Plan. In addition, the project is conditioned to fulfill the recommendations contained in the arborist report in order to protect and increase the longevity of the trees to be retained. II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique ❑ ❑ ❑ Q Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? [5,7,39] b) Conflict with existing zoning for ❑ ❑ ❑ Q agricultural use, or a Williamson Act contract? [5,7,23] 230 c V H V t .2 Ta L t V +, ++ E M C .� Q Z Q cc) E ISSUES: a Cn _J 3J i [and Supporting Information Sources] 00 II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique ❑ ❑ ❑ Q Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? [5,7,39] b) Conflict with existing zoning for ❑ ❑ ❑ Q agricultural use, or a Williamson Act contract? [5,7,23] 230 c) Involve other changes in the existing ❑ ❑ ❑ Q environment which, due to their location or CD °r�E Nc nature, could result in conversion of z E ISSUES: a ° C J 0 0 J Cn Farmland, to non - agricultural use? [5,7,39] [and Supporting Information Sources] S Items A -C: The proposed amendments will not result in a significant impact on the City's or Region's agricultural resources. The project site is not located on agricultural land nor is zoned for agricultural uses. 238 0 CD °r�E Nc vi� z E ISSUES: a ° C J 0 0 J Cn [and Supporting Information Sources] S III. AIR QUALITY — Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of ❑ ❑ ❑ Q the applicable air quality plan? [5,37,42,44] b) Violate any air quality standard or ❑ Q ❑ ❑ contribute substantially to an existing or projected air quality violation? [5,37,42,44] c) Result in a cumulatively considerable net ❑ ❑ ❑ Q increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? [4,37,44] d) Expose sensitive receptors to substantial ❑ ❑ ❑ Q pollutant concentrations? [4,37,44] e) Create objectionable odors affecting a ❑ Q ❑ ❑ substantial number of people? [4,37,44] f) Generate greenhouse gas emissions, ❑ ❑ Q ❑ either directly or indirectly, that may have a significant impact on the environment? g) Conflict with any applicable plan, policy or ❑ ❑ ❑ Q regulation of an agency adopted for the purpose of reducing the emissions of 238 greenhouse gases? Item B: Air Quality Impacts Temporary air quality impacts may result from demolition of the existing structure(s), excavation of soil, and other construction activities on the subject site. Implementation of the mitigation measures listed below will reduce the temporary construction impacts to a less than significant level. MITIGATION MEASURES: The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: • Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non -toxic stabilizers or dust palliatives. • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; • Sweep daily (or more often if necessary) to prevent visible dust from leaving the site (preferably with water sweepers) all paved access roads, parking areas, and staging areas at construction sites; water sweepers shall vacuum up excess water to avoid runoff - related impacts to water quality; and • Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. • The applicant shall incorporate the City's construction best management practices into the building permit plan set. Item E: Objectionable Odors The new restaurant uses proposed by the project have the potential to generate objectionable odors to surrounding uses. Implementation of the mitigation measures listed below will reduce the odor impacts to a less than significant level. MITIGATION MEASURES: The project will be subject to the condition of approval to install odor abatement systems for all new restaurant uses in the new building pads. Item F: Greenhouse Gas Emissions All facilities directly or indirectly generate greenhouse gas emissions; however this project is not anticipated to generate significant emissions that could adversely impact the environment. The location of the new buildings relative to the public sidewalk and the pedestrian and bicycle facility improvements will encourage pedestrian and bicycle trips. Items A, C, D, and G: The proposed project will not conflict with or obstruct implementation of the applicable air quality plan; result in a cumulatively considerable net increase of any criteria pollutant; expose sensitive receptors to substantial pollutant concentrations; nor will conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases. 232 a) Have a substantial adverse effect, either ❑ ❑ ❑ Q directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? [5,10,27,44] b) Have a substantial adverse effect on any 0 0 0 Q riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? [5,10,27,44] c) Have a substantial adverse effect on 0 0 0 Q federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [20,36,44] d) Interfere substantially with the movement 0 0 0 Q of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? [5,10,12,21,26] e) Conflict with any local policies or 0 0 0 Q ordinances protecting biological resources, such as a tree preservation policy or ordinance? [11, 12,41 ] f) Conflict with the provisions of an adopted 0 0 0 Q Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [5,10,26,27] Item A, B and D: Biological Resources 240 c 0 ++ N i= N E Q z CL N ISSUES: o .- — a cn J cn 0 J '� (n [and Supporting Information Sources] IV. BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either ❑ ❑ ❑ Q directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? [5,10,27,44] b) Have a substantial adverse effect on any 0 0 0 Q riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? [5,10,27,44] c) Have a substantial adverse effect on 0 0 0 Q federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [20,36,44] d) Interfere substantially with the movement 0 0 0 Q of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? [5,10,12,21,26] e) Conflict with any local policies or 0 0 0 Q ordinances protecting biological resources, such as a tree preservation policy or ordinance? [11, 12,41 ] f) Conflict with the provisions of an adopted 0 0 0 Q Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [5,10,26,27] Item A, B and D: Biological Resources 240 No rare, threatened, endangered or special status species of flora or fauna are known to inhabit the site. Item C: Wetlands No federally protected wetlands are present on the site. Item E: Tree Preservation Policy Although protected trees are proposed for removal, the tree replacements exceed the requirements of the City's Protected Tree Ordinance. Item F: Habitat Conservation Plan etc The subject site is not part of any Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional or state habitat conservation plan. Items A -D: According to the City's Archaeological Sensitivity Map, the project site has a low potential for the discovery of archaeological resources and is not considered archaeologically sensitive. In addition, this site is not listed on the City's Historic Resources inventory. The project is not anticipated to impact archaeological, paleontological, or historic resources. However, in the event any resources are found during construction, their disturbance would be a significant impact. 244 21 0 ++ V H V t r' L t V N N� �= M O Q z Q ISSUES: CM a En � Cn 2 [and Supporting Information Sources] V. CULTURAL RESOURCES —Would the project: a) Cause a substantial adverse change in ❑ ❑ ❑ Q the significance of a historical resource as defined in §15064.5? [5,13,41 ] b) Cause a substantial adverse change in ❑ ❑ ❑ Q the significance of an archaeological resource pursuant to §15064.5? [5,13,41] c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? [5,13,41] d) Disturb any human remains, including ❑ ❑ ❑ Q those interred outside of formal cemeteries? [1,5] Items A -D: According to the City's Archaeological Sensitivity Map, the project site has a low potential for the discovery of archaeological resources and is not considered archaeologically sensitive. In addition, this site is not listed on the City's Historic Resources inventory. The project is not anticipated to impact archaeological, paleontological, or historic resources. However, in the event any resources are found during construction, their disturbance would be a significant impact. 244 Items A -E: .' 0 ++ CL N i= N E Q N z ISSUES: ° .— — J 0 J .— a cn cn (n [and Supporting Information Sources] VI. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ❑ ❑ ❑ Q delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. [2,14,44] ii) Strong seismic ground shaking? ❑ ❑ ❑ Q [2, 5,10,44] iii) Seismic - related ground failure, including ❑ ❑ ❑ Q liquefaction? [2,5,10,39,44] iv) Landslides? [2,5,10,39,44] ❑ ❑ ❑ Q b) Result in substantial soil erosion or the loss of topsoil? [2,5,10,44] c) Be located on a geologic unit or soil that is ❑ ❑ ❑ Q unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? [2,5,10,39] d) Be located on expansive soil, as defined ❑ ❑ ❑ Q in Table 18 -1 -B of the Uniform Building Code (1997), creating substantial risks to life or property? [2,5,10] e) Have soils incapable of adequately ❑ ❑ ❑ Q supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? [6,9,36,39] Items A -E: .' The project site is located on the Valley floor and as such, there are no seismic or geological hazards that need to be mitigated. The project is serviced by a sanitary sewer hookup and therefore, do not need to rely on septic systems for water disposal. ag c 0 CL °r�E N0 L U) zE ISSUES: a- Cn J v J Cn [and Supporting Information Sources] VII. HAZARDS AND HAZARDOUS MATERIALS — Would the project: ❑ a) Be located on expansive soil, as defined ❑ ❑ Q in Table 18 -1 -B of the Uniform Building Code (1997), creating substantial risks to life or property? [2, 5,10] b) Have soils incapable of adequately ❑ ❑ ❑ Q supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? [6,9,36,39] c) Create a significant hazard to the public or ❑ ❑ ❑ Q the environment through the routine transport, use, or disposal of hazardous materials? [32,40,42,43,44] d) Create a significant hazard to the public or ❑ ❑ ❑ Q the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? [32,40,42,43,44] e) Emit hazardous emissions or handle ❑ ❑ ❑ Q hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? [2,29,30,40,44] f) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? [2,42,40,43] g) For a project located within an airport land ❑ ❑ ❑ Q use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result ag Items A and B: Soils The applicant will be required to submit a soils report to the satisfaction of the Building Division. If the site is found to have expansive soils, the appropriate actions will be taken by the soils engineer and Building Division to ensure that substantial risks to life and property are minimized. Items C -F: Hazardous Materials The project is not currently included on the State DTSC's Hazardous Waste and Substances Site List (Cortese List) or other federal, state or local databases. There is no historical information that indicates the location or use of hazardous materials at the subject site. The report concludes that subsurface investigation of the property is not warranted. Items G and H: Airport Hazards The project site is not located near the vicinity of a public airport or a private airstrip. Item I: Emergency Response Plan The project will not impair implementation or physically interfere with an adopted emergency response plan or emergency evacuation plan. Item J: Wildland Fires The site is not located in the state's Wildland -Urban Interface Fire Area. 244r 0 ++ + c c) N� Q N 0) E CL CL Z E ISSUES: a- C J � 0 J (n [and Supporting Information Sources] S VII. HAZARDS AND HAZARDOUS MATERIALS — Would the project: in a safety hazard for people residing or working in the project area? [ ] h) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? [ ] i) Impair implementation of or physically ❑ ❑ ❑ Q interfere with an adopted emergency response plan or emergency evacuation plan? [2,32,33,44] j) Expose people or structures to a significant ❑ ❑ ❑ Q risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wild lands ?[1,2,44] Items A and B: Soils The applicant will be required to submit a soils report to the satisfaction of the Building Division. If the site is found to have expansive soils, the appropriate actions will be taken by the soils engineer and Building Division to ensure that substantial risks to life and property are minimized. Items C -F: Hazardous Materials The project is not currently included on the State DTSC's Hazardous Waste and Substances Site List (Cortese List) or other federal, state or local databases. There is no historical information that indicates the location or use of hazardous materials at the subject site. The report concludes that subsurface investigation of the property is not warranted. Items G and H: Airport Hazards The project site is not located near the vicinity of a public airport or a private airstrip. Item I: Emergency Response Plan The project will not impair implementation or physically interfere with an adopted emergency response plan or emergency evacuation plan. Item J: Wildland Fires The site is not located in the state's Wildland -Urban Interface Fire Area. 244r 248 p ++ CL +p+ � N E r Q N r Z IS a ° � — J� E 0 [ and J� Supporting Information Sources] VIII. HYDROLOGY AND WATER QUALITY -- Would the project: ❑ Q ❑ a) Violate any water quality standards or ❑ waste discharge requirements? [20,36,37] b) Substantially deplete groundwater ❑ Q ❑ ❑ supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? [20,36,42] c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion of siltation on- or off -site? [14, 20,36] d) Substantially alter the existing drainage ❑ ❑ ❑ Q pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site [20, 36, 38] e) Create or contribute runoff water which ❑ Q ❑ ❑ would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? [20,36,42] f) Otherwise substantially degrade water ❑ Q ❑ ❑ quality? [20,36,37] g) Place housing within a 100 -year flood ❑ ❑ ❑ Q hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? [2,38] 248 h) Place within a 100 -year flood hazard area ❑ ❑ ❑ 1 Q structures which would impede or redirect flood flows? [2,38] i) Expose people or structures to a significant 0 Q risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? [2,36,38] j) Inundation by seiche, tsunami, or 0 Q mudflow? [2,36,38] Items A, B, E, F: Water Quality and Runoff — During and Post - Construction City, State, and Federal Regulations The discharge of stormwater from the City's municipal storm sewer system is regulated primarily under the federal Clean Water Act (CWA) and California's Porter - Cologne Water Quality Control Act. The San Francisco Bay Regional Water Quality Control Board (RWQCB) implements these regulations at the regional level. Under the CWA, the RWQCB has regulatory authority over actions in waters of the United States, through the issuance of water quality certifications. Under Section 401 of the CWA, permits are issued in combination with permits issued by the Army Corps of Engineers (ACOE), under Section 404 of the CWA. When the Water Board issues Section 401 certifications, it simultaneously issues general Water Discharge Requirements for the project, under the Porter - Cologne Water Quality Control Act. Activities in areas that are outside of the jurisdiction of the ACOE (e.g., isolated wetlands, vernal pools, or stream banks above the ordinary high water mark) are regulated by the Water Board, under the authority of the Porter - Cologne Water Quality Control Act. Activities that lie outside of ACOE jurisdiction may require the issuance of either individual or general waste discharge requirements (WDRs) from the Water Board. New construction in Cupertino is subject to the conditions of the City's National Pollutant Discharge Elimination System ( NPDES) Permit, which was reissued by the RWQCB in February 2001. Additional water quality control measures were approved in October 2001 (revised in 2005), when the RWQCB adopted an amendment to the NPDES permit for Santa Clara County. This amendment, which is commonly referred to as "C3" requires all new and redevelopment projects that result in the addition or replacement of impervious surfaces totaling 10,000 sq. ft. or more to 1) include stormwater treatment measures; 2) ensure that the treatment measures be designed to treat an optimal volume or flow of stormwater runoff from the project site; and 3) ensure that stormwater treatment measures are properly installed, operated and maintained. A new NPDES construction permit was adopted by the RWQCB on September 2, 2009, and a new Municipal Regional Stormwater NPDES Permit was adopted on October 14, 2009. :' C p ++ N c0 N 'E r Q Z CL °' — a' N r ISSUES: ° a cn J 05 E 0 J '� (n [and Supporting Information Sources] ° VIII. HYDROLOGY AND WATER QUALITY -- Would the project: h) Place within a 100 -year flood hazard area ❑ ❑ ❑ 1 Q structures which would impede or redirect flood flows? [2,38] i) Expose people or structures to a significant 0 Q risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? [2,36,38] j) Inundation by seiche, tsunami, or 0 Q mudflow? [2,36,38] Items A, B, E, F: Water Quality and Runoff — During and Post - Construction City, State, and Federal Regulations The discharge of stormwater from the City's municipal storm sewer system is regulated primarily under the federal Clean Water Act (CWA) and California's Porter - Cologne Water Quality Control Act. The San Francisco Bay Regional Water Quality Control Board (RWQCB) implements these regulations at the regional level. Under the CWA, the RWQCB has regulatory authority over actions in waters of the United States, through the issuance of water quality certifications. Under Section 401 of the CWA, permits are issued in combination with permits issued by the Army Corps of Engineers (ACOE), under Section 404 of the CWA. When the Water Board issues Section 401 certifications, it simultaneously issues general Water Discharge Requirements for the project, under the Porter - Cologne Water Quality Control Act. Activities in areas that are outside of the jurisdiction of the ACOE (e.g., isolated wetlands, vernal pools, or stream banks above the ordinary high water mark) are regulated by the Water Board, under the authority of the Porter - Cologne Water Quality Control Act. Activities that lie outside of ACOE jurisdiction may require the issuance of either individual or general waste discharge requirements (WDRs) from the Water Board. New construction in Cupertino is subject to the conditions of the City's National Pollutant Discharge Elimination System ( NPDES) Permit, which was reissued by the RWQCB in February 2001. Additional water quality control measures were approved in October 2001 (revised in 2005), when the RWQCB adopted an amendment to the NPDES permit for Santa Clara County. This amendment, which is commonly referred to as "C3" requires all new and redevelopment projects that result in the addition or replacement of impervious surfaces totaling 10,000 sq. ft. or more to 1) include stormwater treatment measures; 2) ensure that the treatment measures be designed to treat an optimal volume or flow of stormwater runoff from the project site; and 3) ensure that stormwater treatment measures are properly installed, operated and maintained. A new NPDES construction permit was adopted by the RWQCB on September 2, 2009, and a new Municipal Regional Stormwater NPDES Permit was adopted on October 14, 2009. :' The City has developed several policies that implement Provision C.3 of the NPDES Permit, requiring new development and redevelopment projects to include specific construction and post- construction measures for improving the water quality of urban runoff. The City's Post - Construction Urban Runoff Policy established general guidelines and minimum Best Management Practices (BMPs) for specified land uses, and includes the requirement of regular maintenance to ensure their effectiveness. Implementation of these Policies will reduce potential water quality impacts to less than significant levels. New Construction The development of two new building pads will result in some decrease in the water impermeable surface and surface runoff. However, project drainage will be provided to the satisfaction of the Public Works Department. The project site is served by onsite storm drainage facilities connected to the City's storm drainage system. The site drainage and storm drain construction will result in a less than significant environmental impact. Implementation of the following mitigation measures, consistent with NPDES Permit and City Policy requirements, will reduce potential construction impacts to surface water quality to less than significant levels: MITIGATION MEASURES: Prior to Construction • Project drainage shall be provided to the satisfaction of the Public Works Department. Hydrology and pre- and post - development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on -site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the one percent flood water surface elevation, to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. • 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, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. • Prior to the issuance of a Building Permit, if required by the Public Works Department, the applicant must provide details of specific Best Management Practices (BMPs), including, but not limited to, bioswales, disconnected downspouts that drain to landscape areas, direct roof runoff into rain barrels or cisterns for onsite irrigation reuse, pervious paving materials and native /drought - tolerant landscaping to reduce impervious surface areas, project areas 240 should be dry -swept routinely and onsite litter should be picked -up and disposed of properly, onsite inlets and catch basins that area stenciled "No Dumping — Flows to Bay," etc., to the satisfaction of the Director of Public Works. • The project shall comply with Provision C.3 of NPDES Permit Number CAS612008, which provides enhanced performance standards for the management of stormwater of new development and redevelopment. • The project shall comply with applicable provisions of City Policies which establishes guidelines and minimum BMPs for all projects and provides for numerically -sized (or hydraulically- sized) TCMs for projects that create and /or replace 10,000 sq. ft. or more of impervious surface or are considered a "Land Use of Concern" and 2) Post - Construction Hydromodification Policy which requires the incorporation of measures to control hydromodification impacts resulting from new development and redevelopment projects where such hydromodification is likely to cause increased erosion, silt pollutant generation or other adverse impacts to local rivers and creeks. Construction Measures, if required • Prior to the commencement of any clearing, grading or excavation, the project shall comply with the State Water Resources Control Board's National Pollutant Discharge Elimination System ( NPDES) General Construction Activities Permit, to the satisfaction of the Director of Public Works, as follows: 1. The applicant shall develop, implement and maintain a Storm Water Pollution Prevention Plan (SWPPP) to control the discharge of stormwater pollutants including sediments associated with construction activities; 2. The applicant shall file a Notice of Intent (NOI) with the State Water Resources Control Board (SWRCB). • The project shall incorporate Best Management Practices (BMPs) into the project to control the discharge of stormwater pollutants including sediments associated with construction activities. Examples of BMPs are contained in the publication Blueprint for a Clean Bay. For additional information about the Erosion Control Plan, the NPDES Permit requirements or the documents mentioned above, please call the Department of Public Works. Items C and D: Steam and River Drainage The project is not located near a stream, river, or storm drainage channel and therefore will not result in a substantial alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding and erosion on- or off -site. Items G, H, I, J: Flooding Based on the FEMA flood insurance maps for the City of Cupertino, the project site is not located within a 100 -year floodplain and would therefore have no impact on 100 -year flows. The project would not expose people to flood hazards associated with the 100 -year flood. The site is not subject to seiche or tsunami. 228 ISSUES: [and Supporting Information Sources] c . o o o �CL U) IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? [7,12,22,41] b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? [1,7,8,16,17,18,44] ❑ 1 ❑ 1 ❑ 1 Q ❑ 1 ❑ 1 Q 1 ❑ Item A: Land Use The proposed project will not physically divide an established community, and the project is consistent with the site's General Plan Land Use designation. Item B: Conflict with land use plan, policies, specific plans or zoning ordinances The project proposes to comply with all of the development standards and policies required by the City's General Plan, the Planned Development (P) and General Commercial (CG) Ordinance, and the Heart of the City Specific Plan, except for the proposed front yard setback for Building F. The Heart of the City Specific Plan requires a minimum 35 -foot front yard setback along Stevens Creek Boulevard. The applicant proposes an average of approximately 31 feet, but a minimum setback of 26 to create wall articulations and visual interest in the design of the building, while also maximizing the necessary retail square footage for the prospective tenant. Given the constraints of the project site, the setback exception is necessary in order to facilitate sufficient area towards the rear of the building to maximize the parking lot layout and retain a large Oak tree in the parking lot. It should be noted that the required 26 -foot front yard landscape easement area is not proposed to be reduced. The setback encroachment allows for a more attractive and active streetscape, similar to the frontage detail in front of the existing Peet's Coffee /Panera Bread building further west on Stevens Creek Boulevard. The City has granted similar setback exceptions in 2004 for the Peet's Coffee /Panera Bread building and in 2007 for the new retail building at the corner of Tantau Avenue and Stevens Creek Boulevard (not yet constructed). In both cases, the approved building setbacks were approximately 35 feet average along the Stevens Creek Boulevard. Therefore, it is not anticipated that granting an exception to allow the encroachment will have any significant impact on the surrounding land uses or the environment. WE !, � E z Q ain min min V IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? [7,12,22,41] b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? [1,7,8,16,17,18,44] ❑ 1 ❑ 1 ❑ 1 Q ❑ 1 ❑ 1 Q 1 ❑ Item A: Land Use The proposed project will not physically divide an established community, and the project is consistent with the site's General Plan Land Use designation. Item B: Conflict with land use plan, policies, specific plans or zoning ordinances The project proposes to comply with all of the development standards and policies required by the City's General Plan, the Planned Development (P) and General Commercial (CG) Ordinance, and the Heart of the City Specific Plan, except for the proposed front yard setback for Building F. The Heart of the City Specific Plan requires a minimum 35 -foot front yard setback along Stevens Creek Boulevard. The applicant proposes an average of approximately 31 feet, but a minimum setback of 26 to create wall articulations and visual interest in the design of the building, while also maximizing the necessary retail square footage for the prospective tenant. Given the constraints of the project site, the setback exception is necessary in order to facilitate sufficient area towards the rear of the building to maximize the parking lot layout and retain a large Oak tree in the parking lot. It should be noted that the required 26 -foot front yard landscape easement area is not proposed to be reduced. The setback encroachment allows for a more attractive and active streetscape, similar to the frontage detail in front of the existing Peet's Coffee /Panera Bread building further west on Stevens Creek Boulevard. The City has granted similar setback exceptions in 2004 for the Peet's Coffee /Panera Bread building and in 2007 for the new retail building at the corner of Tantau Avenue and Stevens Creek Boulevard (not yet constructed). In both cases, the approved building setbacks were approximately 35 feet average along the Stevens Creek Boulevard. Therefore, it is not anticipated that granting an exception to allow the encroachment will have any significant impact on the surrounding land uses or the environment. WE !, V 0 Z E Item A and B: The project site is not known to be located in an area with mineral resources, and will therefore not result in a significant impact from the loss of availability of a known mineral resource. ++ V H V t T- L ++ V F- t ++ L t V E CL ISSUES: a- C J � v J (n [and Supporting Information Sources] [and Supporting Information Sources] X. MINERAL RESOURCES -- Would the project: XI. NOISE -- Would the project result in: a) Result in the loss of availability of a known ❑ ❑ ❑ mineral resource that would be of value to a) Exposure of persons to, or generation of, the region and the residents of the state? noise levels in excess of standards [5,10] established in the local general plan or noise b) Result in the loss of availability of a ❑ ❑ ❑ locally- important mineral resource recovery site delineated on a local general plan, agencies? [8,18,44] specific plan or other land use plan? [5,10] V 0 Z E Item A and B: The project site is not known to be located in an area with mineral resources, and will therefore not result in a significant impact from the loss of availability of a known mineral resource. b) Exposure of persons to or generation of ❑ ❑ ❑ Q excessive groundborne vibration or groundborne noise levels? [8,18,44] c) A substantial permanent increase in ❑ ❑ ❑ Q ambient noise levels in the project vicinity above levels existing without the project? [8, 18 ] MC ++ V H V t T- L t V .- ISSUES: 0.- a 0��+ o a Cn J 0 WP _ [and Supporting Information Sources] XI. NOISE -- Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? [8,18,44] b) Exposure of persons to or generation of ❑ ❑ ❑ Q excessive groundborne vibration or groundborne noise levels? [8,18,44] c) A substantial permanent increase in ❑ ❑ ❑ Q ambient noise levels in the project vicinity above levels existing without the project? [8, 18 ] MC d) A substantial temporary or periodic ❑ Q ❑ ❑ increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18,44] e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [8,18,44] f) For a project within the vicinity of a private ❑ ❑ ❑ Q airstrip, would the project expose people residing or working in the project area to excessive noise levels? [8,18] Items A -C: Noise Levels The Cupertino General Plan states that the City's acceptable exterior noise level at the property line of sensitive receptors is 60 dBA during the daytime and 50 dba during the nighttime. The acceptable interior noise level is 45 dBA. The General Plan recognizes that the noise levels may not be achievable near major roadways. A recent noise impact and mitigation study was conducted on the project site for a previous development approval including the demolition of building area near residential uses. The study concluded that the existing ambient noise levels and presence of an existing sound wall allow the project to stay within the allowable noise levels. The report recommended mitigation measures during construction and demolition to further reduce noise impacts to the adjoining residential area, which have been incorporated under the mitigation measures in Item D. Item D: Temporary Noise Levels during Construction Noise from the construction of the proposed project could potentially pose a significant impact to the surrounding residential properties. Typical hourly average construction noise levels are 75 to 80 dBA measured at a distance of 100 feet from the site during busy construction periods. To limit the construction noise impacts on nearby properties, various measures have been incorporated into the project. MITIGATION MEASURES: • Construction will be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday for any on -site or off -site work within 500 feet of any residential unit. Construction outside of these hours may be approved through a development permit based on a site - specific construction noise mitigation plan and a finding by the Community Development Director that the :' c 0 ++ N i= N E Q Z CL N ISSUES: ° .- — a cn J cn 0 J .- (n [and Supporting Information Sources] XI. NOISE -- Would the project result in: d) A substantial temporary or periodic ❑ Q ❑ ❑ increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18,44] e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [8,18,44] f) For a project within the vicinity of a private ❑ ❑ ❑ Q airstrip, would the project expose people residing or working in the project area to excessive noise levels? [8,18] Items A -C: Noise Levels The Cupertino General Plan states that the City's acceptable exterior noise level at the property line of sensitive receptors is 60 dBA during the daytime and 50 dba during the nighttime. The acceptable interior noise level is 45 dBA. The General Plan recognizes that the noise levels may not be achievable near major roadways. A recent noise impact and mitigation study was conducted on the project site for a previous development approval including the demolition of building area near residential uses. The study concluded that the existing ambient noise levels and presence of an existing sound wall allow the project to stay within the allowable noise levels. The report recommended mitigation measures during construction and demolition to further reduce noise impacts to the adjoining residential area, which have been incorporated under the mitigation measures in Item D. Item D: Temporary Noise Levels during Construction Noise from the construction of the proposed project could potentially pose a significant impact to the surrounding residential properties. Typical hourly average construction noise levels are 75 to 80 dBA measured at a distance of 100 feet from the site during busy construction periods. To limit the construction noise impacts on nearby properties, various measures have been incorporated into the project. MITIGATION MEASURES: • Construction will be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday for any on -site or off -site work within 500 feet of any residential unit. Construction outside of these hours may be approved through a development permit based on a site - specific construction noise mitigation plan and a finding by the Community Development Director that the :' construction noise mitigation plan is adequate to prevent noise disturbance of affected residential uses. Weekend construction hours, including staging of vehicles, equipment and construction materials, shall be limited between the hours of 9 a.m. to 6 p.m. Permitted work activities shall be conducted exclusively within the interior of enclosed building structures provided that such activities are inaudible to existing adjacent residential uses. The developer shall be responsible for educating all contractors and subcontractors of said construction restrictions. Rules and regulation pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of a developer appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. The Community Development Director may rescind provisions to allow extended hours of construction activities on weekends upon written notice to the developer. • The contractor shall use "new technology" power construction equipment with state- of -the- art noise shielding and muffling devices. All internal combustion engines used on the project site shall be equipped with adequate mufflers and shall be in good mechanical condition to minimize noise created by faulty or poor maintained engines or other components. • Locate stationary noise generating equipment as far as possible from sensitive receptors. Staging areas shall be located a minimum of 200 feet from noise sensitive receptors, such as residential uses. Unnecessary idling of machines when not in use shall be prohibited. • The developer will implement a Construction Management Plan approved by the Community Development Director and Director of Public Works to minimize impacts on the surrounding sensitive land uses to the fullest extent possible. • Temporary plywood enclosures shall be erected around stationary equipment that produces excessive noise at nearby receptors • Good maintenance and lubrication procedures shall be used to reduce operating noise. Items E and F: Airport Noise The project is not located near the vicinity of a public airport or private airstrip and would not expose people to excessive noise levels. Therefore, the project will not result in significant airport noise impacts. ISSUES: [and Supporting Information Sources] XII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an ❑ area, either directly (for example, by proposing new homes and businesses) or indirectiv (for example. throuah extension of ❑ ❑ 1 Q RM 0 �E� - E - E �E� z� CM E a in -J v a) Induce substantial population growth in an ❑ area, either directly (for example, by proposing new homes and businesses) or indirectiv (for example. throuah extension of ❑ ❑ 1 Q RM roads or other infrastructure)? [3,16,47,44] ❑ ❑ 0 Q b) Displace substantial numbers of existing ❑ ❑ ❑ Q housing, necessitating the construction of N 0 '� Q p z Q replacement housing elsewhere? [3,16,44] 0 0 � I= c) Displace substantial numbers of people, 0 0 0 Q necessitating the construction of replacement housing elsewhere? [3,16,44] Items A -C: The proposed project would not induce substantial population growth since no residential development is being proposed. The project will be subject to the required housing mitigation fees. ISSUES: [and Supporting Information Sources] XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a� ❑ ❑ 0 Q V H 0 V Q `t N 0 '� Q p z Q o 0 0 � I= a in J in 0 i n Q Fire protection [19,32,44] ❑ ❑ 0 Q Police protection? [33,44] 0 0 0 Q Schools? [29,30,44] 0 0 0 Q Parks? [5,17,19,21,26,27,44] 0 0 0 Q Other public facilities? [19,20,44] 0 0 0 Q Item A: The project site is located in an urbanized area of Cupertino, and is served by existing Fire, Sheriff, School, Park and other Public Facilities. No additional Fire or Police personnel or equipment are necessary to serve the proposed project. C � � N J :' ISSUES: [and Supporting Information Sources] XIV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [5,17,19,21,26,27,44] C C V O Z Q E b) Does the project include recreational ❑ ❑ ❑ Q facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? [5,44] Item A and B: The proposed project would increase does not increase the number of residents. Therefore, the proposed ordinance amendments will not result in substantial impacts to public services. ISSUES: [and Supporting Information Sources] XV. TRANSPORTATION /TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? [4,20,35,44] C >' o O CL °SEE CD L- viEE o .°' — a� o a) a cn —J in _J cn ❑ Q ❑ b) Exceed, either individually or cumulatively, ❑ a level of service standard established by the county congestion management agency for designated roads or highways? [4,20,44] c) Result in a change in air traffic patterns, ❑ including either an increase in traffic levels or a chanae in location that results in o Z CL E ■❑ ❑ ❑ Q ❑ ❑ Q ;' � it L- CL +�+ E N� (� 0) E p - ain N min O N - min V C C V O Z Q E b) Does the project include recreational ❑ ❑ ❑ Q facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? [5,44] Item A and B: The proposed project would increase does not increase the number of residents. Therefore, the proposed ordinance amendments will not result in substantial impacts to public services. ISSUES: [and Supporting Information Sources] XV. TRANSPORTATION /TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? [4,20,35,44] C >' o O CL °SEE CD L- viEE o .°' — a� o a) a cn —J in _J cn ❑ Q ❑ b) Exceed, either individually or cumulatively, ❑ a level of service standard established by the county congestion management agency for designated roads or highways? [4,20,44] c) Result in a change in air traffic patterns, ❑ including either an increase in traffic levels or a chanae in location that results in o Z CL E ■❑ ❑ ❑ Q ❑ ❑ Q ;' � it ISSUES: [and Supporting Information Sources] substantial safety risks? [4] d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [20,35,44] e) Result in inadequate emergency access? [2,19,32,33,44] f) Result in inadequate parking capacity? [17,44] g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? [4,34] o E CL ain min min V ❑ 1 El El 1 Q El I El I El 1 Q El I El 1 Q 1 El ❑ 1 ❑ 1 ❑ Item A: Traffic Increases While the project is not anticipated to create significant traffic impacts to the area, the level of pedestrian and activities are expected to increase at the intersection of Stevens Creek and Bandley. As a result, the Public Works Department has conditioned the project to contribute to the improvements of the traffic signal and median at Stevens Creek and Bandley in order to accommodate the potential increased vehicular and pedestrian activities. The City will observe the intersection as tenants occupy the building and will apply the improvement measures accordingly. MITIGATION MEASURES Traffic Signal Improvements The developer shall agree to fund up to $25,000 for the purpose of upgrading the traffic signal at Bandley Drive and Stevens Creek Boulevard. The developer shall submit a bond for this purpose which will be released 90 days after installation of the upgrades. Median Improvements The developer shall agree to fund up to $25,000 for the purpose of upgrading the traffic median on Stevens Creek Boulevard, east of Bandley Drive and west of De Anza Boulevard. The developer shall submit a bond for this purpose which will be released 90 days after installation of the upgrades. Item B: The project will not, either individually or cumulatively, exceed a level of service standard established by the City and Santa Clara Valley Transportation Authority for designated roads or highways. Item C: ,: C � � The project height is compliant with the General Plan height limit and FAA standards and therefore will not result in a change of air traffic patterns. Item D: The project does not include known dangerous design features or incompatible transportation uses. The Public Works Department does not have any objections to the proposed circulation of the project. Item E: The Santa Clara County Fire Department has reviewed the plans and does not have any objections to the emergency access proposed. Item F: Parking Capacity The project proposes 625 parking spaces or 4.32 spaces per 1,000 square feet (ksf). Comprehensively, when taking into effect the total parking for the entire shopping center, the project proposes a total of 1,029 parking spaces or a rate of 4.68 spaces per ksf. The City's Parking Ordinance requires the project to provide a total of 705 parking spaces (if assuming that all tenants in Building E would potentially be restaurant uses) at a rate of 4.88 spaces per ksf — resulting in a deficit of 80 stalls. The Ordinance provides for alternative parking consideration through a parking study prepared by a licensed traffic /parking engineer. Hexagon Transportation Consultants, Inc. was retained by the City to conduct a parking study for the project. The study provides the following conclusions about the project's parking sufficiency: • Using the Institute of Transportation Engineers (ITE) Manual standards, the parking provided by the project exceeds the 85` percentile parking demand for similar shopping centers (4.30 per ksf). • Using recent parking survey data in the three local shopping centers with similar tenant mixes (Homestead Square, Mariposa, and Grand Park Plaza shopping centers), the study concluded that based on the highest surveyed rate, a conservative share of restaurant space (15% of the center), the seasonal adjustment factor, and a circulation factor of 10 %, the parking provided by the project exceeds the parking survey rate of 4.20 spaces per ksf. Other factors were also taken into consideration such as, the additional parking demand savings can be assumed from people combining shopping trips from one store to the other and the fact that the site is also served by a VTA bus stop with 37 Class II bicycle parking spaces. Hexagon concludes that the parking proposed by the project is adequate. Item G: In accordance with the City's Parking Ordinance, the project proposes to install Class II bicycle parking facilities at 5% of the required vehicle parking. The project also provides clear pedestrian access to the existing bus shelter and incorporates design features intended to promote alternative transportation. ISSUES: [and Supporting Information Sources] XVI. UTILITIES AND SERVICE SYSTEMS — Would the project: C W . ❑ ❑ O Z E CI 2 � °a ++ N 0 ~ Q +�+ _ ° in E 5 min E — a _Jin c C W . ❑ ❑ O Z E CI Item A: Wastewater Treatment The proposed project will not exceed wastewater treatment requirements of the San Francisco Bay Regional Water Quality Control Board. Items B and D: Wastewater Facilities The Cupertino Sanitary District has confirmed that they can provide service for this use and will review the construction plans prior to issuance of building permits. Item C: Stormwater Drainage Facilities The applicant shall provide stormwater drainage to the satisfaction of the Public Works Department. The construction of new stormwater drainage facilities will result in a less than significant environmental impact. Items E and F: Solid Waste The project is required to provide trash enclosures subject to the satisfaction of the Public 230 0 ++ + c c) N� Q N 0) E CL CL z E ISSUES: a- C J � 0 J (n [and Supporting Information Sources] S a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? [5,22,28,36,44] b) Require or result in the construction of ❑ ❑ 0 Q new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [36,22,28,36] c) Require or result in the construction of 0 0 Q 0 new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [5,22,28,36,44] d) Result in a determination by the 0 0 0 Q wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? [5,22,28,36,44] e) Be served by a landfill with sufficient 0 0 0 Q permitted capacity to accommodate the project's solid waste disposal needs? [ ?] f) Comply with federal, state, and local 0 0 0 Q statutes and regulations related to solid waste? [ ?] Item A: Wastewater Treatment The proposed project will not exceed wastewater treatment requirements of the San Francisco Bay Regional Water Quality Control Board. Items B and D: Wastewater Facilities The Cupertino Sanitary District has confirmed that they can provide service for this use and will review the construction plans prior to issuance of building permits. Item C: Stormwater Drainage Facilities The applicant shall provide stormwater drainage to the satisfaction of the Public Works Department. The construction of new stormwater drainage facilities will result in a less than significant environmental impact. Items E and F: Solid Waste The project is required to provide trash enclosures subject to the satisfaction of the Public 230 Works Department and Recology, the City's solid waste provider. The project will also comply with the federal and state regulations related to solid waste. The site will be served by a landfill with sufficient capacity to accommodate the project's solid waste disposal needs. XVII. MANDATORY FINDINGS OF SIGNIFICANCE ❑ Agriculture Resources (To be completed by City Staff) ❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils 0 ++ ++ V H V t r' L t V +, M t CL 0 1= W + L. !L Q 1= z Q I 0 2) .� a- Cn _J 0 a) 2M _J Cn [and Su Information Sources] ❑ Q ❑ a) Does the project have the potential to ❑ degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are ❑ ❑ ❑ Q individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental ❑ Q ❑ ❑ effects which will cause substantial adverse effects on human beings, either directly or indirectly? See Attachment 1 for mitigation measures. ENVIRONMENTAL EVALUATION (To be Completed by City Staff) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils 238 0 Hazards & Hazardous 0 Hydrology / Water 0 Land Use / Planning Materials Quality DECLARATION will be prepared. 0 Mineral Resources 0 Noise 0 Population / Housing 0 Public Services 0 Recreation 0 standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 0 Transportation /Traffic 0 Utilities / Service 0 Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: 0 The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Q Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 0 The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 0 Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Staff Evaluator ERC Chairperson Date Date Attachment 1: Mitigation Measures UZ Attachment 1 Summary of Mitigation Measures for DP- 2011 -03, ASA- 2011 -12, TR- 2011 -30, EXC- 2011 -10 I: Item B, Scenic Resources The project proposes to plant 90 low and medium water use 24 -inch box trees, as well as various 15- gallon trees and shrubs in the parking lot and street frontage, consistent with the replacement requirements of the Protected Tree Ordinance and landscape design concept of the Heart of the City Specific Plan. In addition, the project is conditioned to fulfill the recommendations contained in the arborist report in order to protect and increase the longevity of the trees to be retained. III: Item B, Air Quality Impacts The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: • Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non -toxic stabilizers or dust palliatives. • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; • Sweep daily (or more often if necessary) to prevent visible dust from leaving the site (preferably with water sweepers) all paved access roads, parking areas, and staging areas at construction sites; water sweepers shall vacuum up excess water to avoid runoff - related impacts to water quality; and • Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. • The applicant shall incorporate the City's construction best management practices into the building permit plan set. III: Item E, Objectionable Odors The project will be subject to the condition of approval to install odor abatement systems for all new restaurant uses in the new building pads. VIII: Items A, B, E, F, Water Quality and Runoff — During and Post - Construction Prior to Construction • Project drainage shall be provided to the satisfaction of the Public Works Department. Hydrology and pre- and post - development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on -site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the one percent flood water surface elevation, to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. • 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, on the tentative map, unless an :' : L alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. • Prior to the issuance of a Building Permit, if required by the Public Works Department, the applicant must provide details of specific Best Management Practices (BMPs), including, but not limited to, bioswales, disconnected downspouts that drain to landscape areas, direct roof runoff into rain barrels or cisterns for onsite irrigation reuse, pervious paving materials and native /drought - tolerant landscaping to reduce impervious surface areas, project areas should be dry -swept routinely and onsite litter should be picked -up and disposed of properly, onsite inlets and catch basins that area stenciled "No Dumping — Flows to Bay," etc., to the satisfaction of the Director of Public Works. • The project shall comply with Provision C.3 of NPDES Permit Number CAS612008, which provides enhanced performance standards for the management of stormwater of new development and redevelopment. • The project shall comply with applicable provisions of City Policies which establishes guidelines and minimum BMPs for all projects and provides for numerically -sized (or hydraulically- sized) TCMs for projects that create and /or replace 10,000 sq. ft. or more of impervious surface or are considered a "Land Use of Concern" and 2) Post - Construction Hydromodification Policy which requires the incorporation of measures to control hydromodification impacts resulting from new development and redevelopment projects where such hydromodification is likely to cause increased erosion, silt pollutant generation or other adverse impacts to local rivers and creeks. Construction Measures, if required • Prior to the commencement of any clearing, grading or excavation, the project shall comply with the State Water Resources Control Board's National Pollutant Discharge Elimination System ( NPDES) General Construction Activities Permit, to the satisfaction of the Director of Public Works, as follows: 3. The applicant shall develop, implement and maintain a Storm Water Pollution Prevention Plan (SWPPP) to control the discharge of stormwater pollutants including sediments associated with construction activities; 4. The applicant shall file a Notice of Intent (NOI) with the State Water Resources Control Board (SWRCB). • The project shall incorporate Best Management Practices (BMPs) into the project to control the discharge of stormwater pollutants including sediments associated with construction activities. Examples of BMPs are contained in the publication Blueprint for a Clean Bay. For additional information about the Erosion Control Plan, the NPDES Permit requirements or the documents mentioned above, please call the Department of Public Works. XI: Item D, Temporary Noise Levels during Construction • Construction will be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday for any on -site or off -site work within 500 feet of any residential unit. Construction outside of these HE hours may be approved through a development permit based on a site - specific construction noise mitigation plan and a finding by the Community Development Director that the construction noise mitigation plan is adequate to prevent noise disturbance of affected residential uses. Weekend construction hours, including staging of vehicles, equipment and construction materials, shall be limited between the hours of 9 a.m. to 6 p.m. Permitted work activities shall be conducted exclusively within the interior of enclosed building structures provided that such activities are inaudible to existing adjacent residential uses. The developer shall be responsible for educating all contractors and subcontractors of said construction restrictions. Rules and regulation pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of a developer appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. The Community Development Director may rescind provisions to allow extended hours of construction activities on weekends upon written notice to the developer. • The contractor shall use "new technology" power construction equipment with state- of -the- art noise shielding and muffling devices. All internal combustion engines used on the project site shall be equipped with adequate mufflers and shall be in good mechanical condition to minimize noise created by faulty or poor maintained engines or other components. • Locate stationary noise generating equipment as far as possible from sensitive receptors. Staging areas shall be located a minimum of 200 feet from noise sensitive receptors, such as residential uses. Unnecessary idling of machines when not in use shall be prohibited. • The developer will implement a Construction Management Plan approved by the Community Development Director and Director of Public Works to minimize impacts on the surrounding sensitive land uses to the fullest extent possible. • Temporary plywood enclosures shall be erected around stationary equipment that produces excessive noise at nearby receptors Good maintenance and lubrication procedures shall be used to reduce operating noise. XV: Item A, Traffic Increases Traffic Signal Improvements The developer shall agree to fund up to $25,000 for the purpose of upgrading the traffic signal at Bandley Drive and Stevens Creek Boulevard. The developer shall submit a bond for this purpose which will be released 90 days after installation of the upgrades. Median Improvements The developer shall agree to fund up to $25,000 for the purpose of upgrading the traffic median on Stevens Creek Boulevard, east of Bandley Drive and west of De Anza Boulevard. The developer shall submit a bond for this purpose which will be released 90 days after installation of the upgrades. :':; ATTACHMENT 8 Environmental Consulting Services Phone: (408) 257 -1045 18488 Prospect Road — Suite 1, Saratoga, CA 95070 stanshe1199 @toast.net FAX: (408) 257 -7235 March 24, 2011 Mr. Gary Chao City Planner 10300 Torre Avenue Cupertino, CA 95014 -3202 RE: Noise Impact and Mitigation Study for the Crossroads Center Remodel Project, 20730 -20840 Stevens Creek Boulevard, Cupertino, AP 359 -08 -020. Dear Mr. Chao, I have reviewed the acoustical aspects of the subject project design relative to City of Cupertino noise planning requirements. This report presents the results of the noise study, which includes on -site noise monitoring, evaluation of noise sources associated with the planned project and City noise limits, and recommendations to meet City noise planning criteria as needed. 1. Project Description [1] [2] The existing unoccupied 89,7600 square foot building at the retail shopping center at the Crossroads Center at Stevens Creek Blvd. and DeAnza Blvd is proposed to be renovated to accommodate a new T J Maxx /HomeGoods retail center, as well as an addition undesignated retail tenant at the west end of the building. The site was previously a Mervyn's retail store. Parking for customers would be provided in existing parking lots north and west of the building, totaling 169 vehicle spaces in Lot A (north), and 224 spaces in Lot B (west). There are several entrances to the project from Stevens Creek Blvd. The project area is presently a mix of residential uses adjacent to the site to the south and commercial uses on the other three sides. This study evaluates the potential noise impacts on nearby sensitive receptors produced by temporary construction activities, the retail operations on site, and recommended noise mitigation measures, as needed. 2. Existing Setting Noise Sources in the Area The primary source of noise at the project site is traffic on Stevens Creek Blvd, a six -lane street bounding the project on the north side, and also traffic on DeAnza Blvd on the east boundary. Typical Stevens Creek Blvd vehicle passby noise levels are in the 55 -65 dBA range at 50 feet. Trucks, buses, motorcycles, and poorly - muffled vehicles produce peak levels 5 to 15 dBA higher on passby. Infrequent small aircraft overflights create noise incidents of 60 70 dBA. Other than normal sporadic noise from trash pickup trucks, there are no other significant noise sources in the project area. Sensitive Receptor Locations and Descriptions The closest sensitive receptor locations potentially affected by noise generated by the project include residences along the south boundary of the project site on Scofield Drive. This study investigates the extent to which this group of receptors could be impacted by noise from on -site T J Maxx/HomeGoods activities. Other sensitive receptors in the area would have less project noise impacts because of significant additional distance and /or structural obstruction. :M T J Maxx /HomeGoods Noise Impact Study — Cupertino Crossroads Page 2 of 6 Ambient Noise Levels Field noise measurements were made during the afternoon of March 4, 2011, with a CEL -440 Precision Noise Meter and Analyzer, calibrated with a B & K Model 4230 Sound Level Calibrator. The measurement locations were chosen to represent key receptor locations, as described below: • Location 1 — parking lot at the southwest corner of the project near the residential property line wall, approximately 400 feet from the nearest Stevens Creek Blvd traffic lane Location 2 — at the southeast corner of the project in the alley near the loading dock. Noise levels were measured and are reported using percentile noise descriptors as follows: L90 (the background noise level exceeded 90 % of the time), L50 (the median noise level exceeded 50% of the time), L1 (the peak level exceeded 1 % of the time), and L (the average energy - equivalent noise level for the measurement period). Measured noise levels are presented in Exhibit 1 below. The DNL /Ldn noise levels were computed as the long -term average of the L using the daily traffic distribution in the area, with standard weighted penalties for the nighttime hours, and modeled with an enhanced version of the National Cooperative Highway Research Board traffic noise model [4]. EXHIBIT 1 EXISTING NOISE LEVELS (dBA) T J Maxx /HomeGoods Crossroads retail Project Area — Cupertino Location L90 L50 Leg L1 Ldn 1. southwest corner of project 48 51 52 58 51 2. near loading dock 45 46 47 50 45 Stevens Creek Blvd traffic is the dominant noise source near the project site. Noise levels at any urban location depend upon the nearby traffic volume, the average speed, and distance to the nearest lane of the dominant traffic flow. Neither monitoring location is significantly affected by traffic noise, since they are either a significant distance or are obstructed from traffic noise. The Exhibit 1 monitored levels indicate those relationships at each monitoring location. Since the project buildings are now vacant and generate no customer traffic, the measurement locations in the parking lot and behind the building now have unusually low noise levels relative to when the building previously was in operation, as well as when the new tenant occupies it. Cupertino Noise Planning Guidelines Exhibit 2 presents general noise planning guidelines adopted in the Cupertino Noise Element [5] for various types of community land uses. EXHIBIT 2 Cupertino Noise Planning Guidelines [4] — Ld (dBA) Land Use "Normally Acceptable" Noise Level Single - family Residential 60 Multiple - family Residential, Motels, Hotels 65 Schools, Libraries, Museums, Hospitals, Churches, Neighborhood parks, Playgrounds 70 Commercial, Office, Business, and Professional buildings 70 Industrial, Manufacturing, and Utilities 75 Environmental Consulting Services Saratoga ;'ail T J Maxx /HomeGoods Noise Impact Study — Cupertino Crossroads Page 3 of 6 Cupertino Noise Ordinance Limits [3] Section 10.48.040 of the Cupertino Noise Ordinance applies to this project, which limits noise during daytime hours (7 am to 8 pm) produced by commercial uses to 65 dBA at the property line, and to 55 dBA at night. In addition, brief daytime noise incidents on the site would be allowed somewhat higher noise levels by Ordinance section 10.48.050. For example, noise incidents that last less than 15 minutes during any two hour period are allowed to be 5 dB higher than the long -term general limits. Note that municipal noise ordinances do not apply to vehicle noise sources. 3. Potential Project Noise Impacts Retail Operations [2] Planned T J Maxx and Home Good store hours are Monday through Saturday from 9:30 am to 9 pm, and Sunday 11 am to 8 pm. Normal T J Maxx /HomeGoods retail operations are not expected to cause any significant noise impacts at nearby receptor areas, since they involve primarily customer vehicles coming and going from the parking lots to the north and west sides of the building. A few associated activities at the back of the buildings are potential noise sources, and these activities are discussed in the following sections. Stationary equipment noise Six new HVAC units will replace six existing units in the same locations on the roof of the building. The three units closest to the back of the building are over one hundred feet from the south property line and are also shielded from direct noise transmission by 8 -foot barriers on the roof, reducing equipment noise below ambient noise levels. The other three rooftop units are even further away from the south property line and are also have noise barriers. Loading dock activities and alley traffic Large merchandise delivery trucks will arrive at the loading dock behind the building less than 6 times a week Monday through Saturday between 6 am and 9 am. In addition, small trucks will deliver various store supplies a few times a week between 9 am and 5 pm. Each large truck operation around the loading dock could generate about a minute of engine noise for each arriving and leaving trip, generating noise levels of 72 to 75 dBA at the adjacent residential properties behind the building with the protection by the existing 8 -foot masonry wall. The truck engines would be turned off during unloading operations, and noise levels would not be noticeable during this time. Large Recology trash collection trucks will pick up trash several days a week between 6 and 8 am at the trash bin near the loading dock. Each of these trips could create noise levels of 70 to 76 dBA on adjacent properties for several minutes while the bins are emptied. Small supply truck deliveries would generate short periods of 55 -60 dBA at adjacent properties. Intermittent automobile trips in the alley behind the building also would create brief noise levels of 50 to 55 dBA at the adjacent properties for periods of 5 -10 seconds each when traveling down the alley. Motorcycles, trucks and poorly - muffled vehicles could create noise levels 5 to 10 dB higher. Since the 8 -foot masonry wall reduces noise from this trip, they would have less impact than vehicles on Scofield Drive. Trash Compactor Noise The trash compactor and the attached large closed trash bin are located next to the loading dock area at the back of the building. Trash is loaded into the bin and then a hydraulic pump drives a ram that compacts the trash in the bin. The noise level generated is primarily from the hydraulic pump and is less than 55 dBA at 10 feet. The cycle time for each activation is less than one minute. With an enclosure and the masonry wall, this source would be less than 50 dBA on the nearby residential properties, and hence not noticeable. Parking Lot Noise The number and speed of customer vehicles in the west parking lot would be very low, most at a significant distance from the residences, and consequently the generated parking lot noise would be near ambient noise levels at any of the receptor locations. Vehicles using the north parking lot would not be noticeable because of the building between the parking lot and the residential areas. These trips in general would be less noticeable than vehicle trips in the alley that are described in the previous section. Environmental Consulting Services Saratoga ':: T J Maxx /HomeGoods Noise Impact Study — Cupertino Crossroads Page 4 of 6 Summary of potential noise Impacts from new retail activities Although truck trips in the alley behind the TJ Maxx building next to the residences would be noticeable, they would not be considered a significant impact, and would be infrequent and similar to trucks or automobiles that travel a few times a day on any local street, and would not change the overall low Ldn noise level in the area. 4. Temporary Construction Noise This section describes typical project construction activities, and the noise levels of vehicles, equipment and powered tools that are typically used for demolition, site preparation and construction tasks. Unless otherwise noted, noise levels are stated at a distance of 50 feet. Typical noise levels for general construction equipment are listed in Exhibit 3, along with the "usage" level, or the portion of the time the equipment is generally used. Many of the types of equipment listed will not be used on this project, since major site preparation and building construction work is not required. Construction equipment noise level data are based on Reference 6. The receptor locations most affected by the construction phases are the same as for the project operations, those residences directly behind and adjacent to the project. Following Exhibit 3, general task descriptions for anticipated outside construction and preparation work on the T J Maxx /HomeGoods Crossroads retail building and parking lot are summarized, along with the expected noise levels. Work would be completed during normal daytime work hours. EXHIBIT 3 POTENTIAL CONSTRUCTION NOISE LEVELS (dBA) [6] T J Maxx /HomeGoods Crossroads retail — Cupertino Equipment Noise Level Usage Mobile Equipment Front Loader 75 -80 0.4 Backhoe 75 -85 0.2 Bulldozers, tractors 75 -85 0.4 Truck 75 -90 0.4 Paver 80 -90 0.1 Materials Handling Concrete mixer 75 -85 0.4 Concrete pump 75 -80 0.4 Crane 75 -85 0.2 Derrick 75 -90 0.2 Stationary Equipment Pumps 70 -75 1.0 Generators 75 -80 1.0 Compressors 75 -80 1.0 Saws 75 -80 0.05 Impact Equipment Pile drivers 95 -100 0.05 Jackhammers 75 -90 0.1 Pneumatic tools 80 -85 0.2 Environmental Consulting Services Saratoga :' T J Maxx /HomeGoods Noise Impact Study — Cupertino Crossroads Page 5 of 6 Exterior Building Modifications Expected outside demolition, remodeling and construction tasks include: • Demolition and reconstruction of the loading dock. This could involve diesel engines that typically produce noise levels of 80 to 85 dBA at 50 feet under full load and 75 to 80 dBA while idling • Minor exterior feature, window and door modifications, which could require various types of saws, drills and motorized equipment. • Renovating and remodeling exterior elements and facades of the building The last two tasks require manual and electrical tools, which produce noise levels of 70 to 75 dBA. Parking Lot Modifications and Landscaping • Cutting openings and removing blacktop to install new parking lot islands and planting areas. • Repaving the parking lot. This could involve diesel engines and typically produce noise levels of 80 to 85 dBA at 50 feet under full load and 75 to 80 dBA while idling Completion of Structure and Interior Details Final construction phases include completion of interior remodeling, installation of equipment and lighting. The highest noise levels during this period would be from material haul trucks, with miscellaneous auxiliary engines providing the background noise at 60 to 65 dBA. The final interior finishing stages generally would not cause significant noise disturbances. Summary of Potential Construction Noise Impacts During site preparation and remodeling, certain heavy equipment and support vehicles could be within 20 feet of the nearest residential properties during some work periods. Therefore the maximum noise exposure at locations on the other side of the masonry property line wall for sporadic periods could be 70 -75 dBA. Construction noise would be intermittent and of limited duration at any given location, rather than continuous, over a number of weeks. A few of the adjacent residences could experience some temporary disturbance from project - related noisy equipment. For these reasons, mitigation measures are recommended in Section 5. 5. Recommended Noise Mitigation Measures Although none of the project operational activities would be considered significant impacts or exceed the Cupertino noise planning standards, the following mitigation measures are suggested to reduce individual noise event impacts in nearby receptor areas. Temporary construction noise has a greater potential to cause disturbance because of the higher noise levels, although only for a period of a few weeks. Operational Project Noise Mitigation Measures Turn off delivery trucks while unloading products at the loading dock. Construction Noise Mitigation Measures 1. Choose construction equipment that is of quiet design, has a high- quality muffler system, and is well maintained. This includes trucks used to haul materials. 2. Install superior mufflers and engine enclosure panels as needed on gas, diesel or pneumatic impact machines. 3. Erect temporary plywood enclosures around stationary equipment that produce excessive noise at nearby receptors. 4. Restrict construction hours to 8 am to 5 pm. 5. Eliminate unnecessary idling of machines when not in use. 6. Use good maintenance and lubrication procedures to reduce operating noise. 7. If possible, locate equipment as far from sensitive receptors as possible. 6. Conclusions Overall traffic noise levels will continue to be the dominant noise source in the project area in the foreseeable future. The addition of new commercial activities associated with the proposed T J Maxx /HomeGoods Crossroads retail activities, with the recommended mitigation measures, would not noticeably raise noise levels at nearby receptors. Environmental Consulting Services Saratoga 260 T J Maxx /HomeGoods Noise Impact Study — Cupertino Crossroads Page 6 of 6 REFERENCES 1. Project Site and Design Drawings, Crossroads Center Renovation, Cupertino; Kahn Design Associates, Berkeley, dated February 2011. 2. Mr. Jack Verdon, Kahn Design Associates architects, Berkeley; March 2011. 3. Noise Ordinance, Municipal Code Section 10.48, Noise levels for residential and commercial zones; City of Cupertino; 4. Highway Noise - A Design Guide for Highway Engineers, National Cooperative Highway Research Program Report 117, Highway Research Board, National Academy of Sciences, Washington, D.C., 1971 (model enhanced and field validated by ECS). 5. "Land Use Compatibility for Community Noise Environments ", Noise Element, Cupertino General Plan, November 2005. 6. "Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances ", U.S. Environmental Protection Agency, Office of Noise Abatement and Control, Washington, D.C., December 1971. Environmental Consulting Services Saratoga 268 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO PLANNING COMMISSION DRAFT MINUTES 6:45 P.M. August 9, 2011 TUESDAY CUPERTINO COMMUNITY HALL The regular Planning Commission meeting of August 9, 2011 was called to order at 6:45 p.m. in the Cupertino Community Hall, 10350 Torre Avenue, Cupertino, CA., by Chairperson Winme Lee. SALUTE TO THE FLAG ROLL CALL Commissioners present: Commissioners absent: Staff present: Chairperson: Vice Chairperson: Commissioner: Commissioner: Commissioner: City Planner: Senior Planner: Assistant Planner: APPROVAL OF MINUTES Winme Lee Marty Miller Paul Brophy Clinton Brownley Don Sun Gary Chao Colin Jung George Schroeder 1. Minutes of July 12, 2011 Planning Commission meeting: MOTION: Motion by Vice Chair Miller, second by Com. Brownley, and carried 4 -0 -0, Com. Sun absent; to approve the July 12, 2011 Planning Commission minutes as presented. WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS: Jennifer Griffin, Rancho Rinconada resident: Expressed her concern about some items that were being presented to the review committees, Planning Commission and City Council in the last several months, particularly relating to FAR, the R1 ordinance, development permit process, and zoning. She cautioned the city to slow down and make sure that everyone is on board with what is happening and how it affects all the neighborhoods in Cupertino. She said she was distressed to learn that the R1 ordinance was being taken apart and the Council was considering changing the FAR at a recent meeting, and she was also concerned about the development permit process and how it goes hand in hand with the destruction of the RI ordinance. Mark Matsumoto, Government Affairs Specialist, Cupertino Chamber of Commerce: • Introduced himself to the Planning Commission, stating that he was the new Government Affairs Specialist with the Cupertino Chamber of Commerce. One of his responsibilities is to 269 Cupertino Planning Commission 2 August 9, 2011 work with the Planning Commission and city staff to create partnerships and opportunities for businesses and the city of Cupertino. POSTPONEMENTS /REMOVAL FROM CALENDAR None CONSENT CALENDAR None PUBLIC HEARING 2. DP- 2011 -03, ASA- 2011 -12, Development Pen to allow the construction of two new EXC- 2011 -10, TR- 2011 -30 retail building pads, 8,136 sq. ft. and 5,086 sq. ft. respectively Mark Creedon (Byer and demolition of an existing 4,930 sq. ft. restaurant building Properties) 20750 Stevens for a net square footage increase of 8,292 sq. ft. Architectural Creek Blvd. and Site Approval for two new retail building pads and associated site improvements, including, but not limited to parking lot reorientation, lighting, landscaping and street frontage improvements consistent with the Heart of the City Specific Plan. Exception to the Heart of the City Specific Plan to allow a 26 foot setback for a new Tree Removal Permit to allow the removal and replacements of 79 trees within an existing shopping center parking lot in conjunction with the proposed new development. Tentative City Council date: September 6, 2011 George Schroeder, Assistant Planner, presented the staff report: • Reviewed the application and project summary, as outlined in the staff report; which included demolition of the Marie Callender's restaurant, and addition of two new retail buildings, sidewalk, landscaping, lighting and frontage enhancements to the site, parking lot improvements, etc. • He reviewed the information relative to site improvements, architectural review, Heart of the City front setback exception, parking, tree removal and replacement, public outreach meetings held, lot mergers, delivery, and signage as detailed in the staff report. • Staff recommends that the Planning Commission recommend approval to the City Council in accordance with the model resolution. • Staff answered questions about the application. Gary Chao: • Said that although it is useful to compare shopping centers as the consultant did, sometimes you have to also consider the percent of restaurant; the ratio that it is being locked in at, because it makes a big difference. Com. Brophy: • Said he was concerned about the parking; the application is 80 spaces below the zoning ordinance; the alternate solution offered developers is to allow them to hire the city's consultant to evaluate the site, to recommend appropriate parking, which has been done with many centers in town. The developer would provide his site plan and the traffic consultant would evaluate what the demand is and compare that to the number of spaces that the developers propose. He asked if Hexagon had ever come in with a number that did not meet the developer's request. He said staff provided him with copies of other studies done by Hexagon for his review, and he found that they use different methodologies for different projects. 270 Cupertino Planning Commission 3 August 9, 2011 Gary Chao: • Said they don't exclusively use Hexagon; they have had situations in the past where after the first round of analysis, the consultant would prompt issues and concerns which gave them reasons or abilities to discuss issues with the developer, to either provide more parking or reduce the intensity to meet the demand. Com. Brophy: • Said he reviewed other studies by Hexagon and was concerned that they appeared to use different methodologies; in the Cupertino Village study they talked about the need to 15 or 20 spaces per 1,000 feet of restaurant; but in this project they are looking at 11 to 13 being adequate. Given that this site barely meets their number, the concern is that given the proposal for restaurants in both buildings the numbers don't seem to add up and it is difficult to accept Hexagon's work. Asked staff to clarify why they feel the zoning ordinance is the one to use. Gary Chao: • It is difficult to set on one particular ratio or formula that would work and when it happens, (we) return to the ordinance that has one rate that treats every type of restaurant, shopping center here is, therefore staff relies on the consultants to provide more insight; actually going out, measuring and establishing baselines based on other examples. Com. Brophy: • Said it was stated that there are centers in town that have a surplus of parking spaces, but he was at a loss to think of any successful centers with a large surplus of parking spaces and assumed they planned to add a condition regarding what tenants the developer should lease to. He questioned if there was an example that shows that the zoning ordinance is not sufficient as a guide for parking. Gary Chao: • Said he did not have a good answer in terms of how to determine the factor of success. The consultant attempts to measure other shopping centers with similar makeup and tenant mix so that is their best estimate in terms of projecting a ratio to consider. It doesn't mean that based on the Commission's assessment this evening that they cannot discuss the issue with the applicant about looking at the ratio of restaurant that they are comfortable with, or looking at ways where the city has opportunities in the near future to let the tenants go in and see if there are at least additional adjustments down the road. Com. Brophy: • Commented that once you build it, it is difficult to talk about adjustments. Mark Creedon, Project Architect, Representing Byer Properties: • Said they supported the resolution in principle, and would discuss some items for the Commission to examine and discuss. Items 14, 15, 16, relating to some design latitude for building E; adding a cap or light bar. Said they disagreed with the recommendation, felt it was garish, and would like to have some latitude with doing something different. Said they would prefer to use wood around the entrances as it presented a warmer look and would complement what was there. • Other two items, substantially opening up and adding doors all the way to grade which would be ideal in most instances and is done on the other pad building. They currently have booth seating on the front of Stevens Creek although they do have some additional overflow, public seating in the front of the building and they have regulated seating part restaurant on the side of a pedestrian plaza towards the Heritage Oak. Because of that it wouldn't make sense to bring doors all the way to grade, since it could not be open because health code requires 271 Cupertino Planning Commission 4 August 9, 2011 screens in front of those doors. He asked that the requirement be relaxed so they could have their windows as shown. • Signage, Items 14 & 16: They endorse the idea of having site signage in front of Building E on a low wall. If required to have a low project site sign, they would like to move the landmark sign to the median adjacent to it. • Item 15: A recommendation was made that the owner of the property file a covenant with the City requiring that Building E entrance on Stevens Creek. They endorse the idea of entrance on Stevens Creek and have designed the building so it has entry on both sides as staff mentioned; also have accommodated a plaza on the front as well, but feel it is over - stepping and highly restricting the owner to enter into a covenant when he is trying to get tenants for the building and negotiating on getting leases. He requested that the covenant requirement be stricken. • Clarified on Item 14 there was a recommendation of a light cap, a light bar on the top of the entrance on Building F... would like that stricken; would prefer to use wooden trellises around the entrances. • No. 15 — Have designed the project with doors on that side; and have two end cap tenants which will have doors on all three sides of Building E. • Commented on discussion of parking; asked many of the same questions and responded much of the same way. When ordinances are made, they are created to address a stand alone building as well as a mix of those in a shopping center. The requirements of a stand alone building are different; there are complementary uses in many shopping centers, where a consumer will go to different stores in the same center but park in only one space. Gary Chao commented on the conditions: • Relative to the conditions about the architectural consultant recommendations, he said staff generally agrees with the applicant. The language of the condition gives the applicant latitude in terms of flexibility in allowing staff to make variations from the list, understanding that ultimately it has to fit the program and demand of the particular tenant. • Said some of the items listed are good, and cited an example of the cap end on the top of the light bar; noting that if they are looking at architecture, the intent is to ensure it is a nice finish to the edges, but not necessarily a light bar; it could be another method. That is the reason why the conditions read as such; it is not locked in stone. He said he was not encouraging deleting it from the list, but to allow staff to work it out with the applicant with assurance that they will work with them to meet their criteria. • With regards to the entrances condition, the goal of the Heart of the City is to promote an activation of the street frontage so the idea is not to have any back of house service oriented activities facing Stevens Creek. Given that this is a new building there is no excuse to create that sort of situation; and they can live without the covenant requirement, and leaving it as a condition would be fine. Staff would have some concerns if it was taken out because that was expressed to the applicant the first day and it was thought to be agreed upon. The covenant is not needed, the condition speaks for itself. • Regarding the signage and its relevancy to the Crossroads existing landmark sign, he said it would require an exception to move the Crossroads landmark sign. The ordinance that Council recently adopted which preserves the ability for property owners to upkeep the landmark signs are exactly just that; you can't rebuild or relocate it, only in time where it is dilapidating or you need to keep it up. The low wall sign is a mere suggestion, it could be a traditional ground sign or not have a sign there; not locked in stone, it is something to be worked out later depending on the requirements and criteria. • Relative to Building F, the French doors when closed serve as a wall so that on nice sunny days they can be opened up and activity can spill out; the intent is to facilitate that type of environment. Given the fact they are asking for a setback average of 31 feet, the justification behind that is that area is a unique intimate setting where people can sit out and flow in and out. The reason why staff did not consider what was going on inside is because they were not 272 Cupertino Planning Commission August 9, 2011 given the floor plan to review, that is a comment about having the interior booth or other functionality inside, as required by the tenant; staff was not privy to that information. Staff can work with the applicant, no one wants to violate any health codes or ABC licensing codes because if alcohol is served, you need to have fencing or gates to separate the public space from the private space. Staff can be flexible in teens of working with the applicant and making sure he meets all the rules, including state and county rules. Said the Director of Community Development reviews the sign program. Chair Lee opened the public hearing. Jennifer Griffin, Rancho Rinconada resident: • Said she felt the site was one of the most important centers in Cupertino and welcomed new stores to regenerate shopping in the area. • Relative to the Heart of the City exception being requested, it has been established that most of the city wants to have the same look and feel from one end of the city to the other along Stevens Creek Boulevard and that means a full 35 foot setback, which has been tested time and again. Said her main issue with the project is the request for the Heart of the City exception because she was not very familiar with the Panera project from about 2005, and did not know much about that area, although she always felt that Panera was too close to the street. The request for the exception was 26 feet; but at 26 feet there is almost 100 feet of public right of way along Stevens Creek Boulevard that is affected. There is dining furniture in the public right of way; a building at 26 feet, and parking stalls. Said she felt it would be a successful restaurant, but it was important to pull it back, get it out of the public right of way which is the reason for the Heart of the City. With the sensitive design of the building, it can be pulled back 35 feet and still have a successful establishment, but respect Heart of the City. Darren Lum, Cupertino resident: • Thanked Byer Properties for bringing the project to Cupertino; Said he had concerns about the exception to the Heart of the City; • Referred to Page 4, para. 6 of staff report, regarding constraints of the project site; he said he felt the are due to the siting of Building F and also with the adjustment of the lot line between the Marie Callender site and the parking lot. It is creating a parcel that is over 40,000 sq. ft. for a building that is 5,000 sq. ft. which represents 12% of the total. The developer wants to put the new building up against Stevens Creek, he said he felt there are other possibilities of siting that new building. • At the end of the paragraph, it says that the project is the 26 foot landscaping easement and is consistent with commercial district; however, the 26 foot setback is not consistent with the Heart of the City Specific Plan which has a 26 foot boulevard easement and then a 9 foot setback for the building which equals 35 feet. Most of the parcels are sufficiently deep in depth that you can move the buildings back and not impinge on the easements. • He questioned why none of the proposed projects adhere to the Heart of the Citv Specific Plan. It would be a great opportunity for the city and the developer to create the boulevard they are trying to achieve with Heart of the City. • He noted some discrepancies in the staff report and the architect's dimensions on the side setback, one says 35 feet and the staff report says 35 feet to the east and 492 feet to the west which is a large setback. The rear setback on the architect's cover sheet is 92 feet, the staff report says 320 feet. • While the consolidated Marie Callender parcel has sufficient space to meet the parking requirements of Building F; no where in the report does it state what the parking requirements are for Building E it appears that there are 40 parking spaces for the new building, whereas the Marie Callender building has 50. Chair Lee closed the public hearing. 273 Cupertino Planning Commission 6 August 9, 2011 Gary Chao: • Some of the constraints regarding the site that Dr. Lum discussed is not just the fact that the building has to be located in the front; there is a grade difference between the front half of the lot to the rear half The parking lot that Com. Miller was referring to west of the TJ Maxx building, is sitting at a higher level and there is a slight retaining wall that separates the west parking lot from the parking lot from Pizza Hut and also Marie Callenders; naturally you only have the front area to work with. • Said they always try to encourage new development, especially restaurants, to be located as far away from residential as possible. Not only does this plan achieve this, it also satisfies the activation goal of having a nice architectural presentation in front of the street as opposed to the sea of parking. With all those considered, given the first preservation of the oak tree, the constraint of the grade differences that exists, also the fact that this is the plan that will give you the maximum number of parking stalls, given the concern about the parking; staff is comfortable supporting the exception. • It is also important to note that the 26 foot minimum landscaping easement discussed, the look and feel of the Heart of the City is not compromised. The 26 foot minimum landscaping easement prescribed by the Heart of the City is intact and that allows for a park strip sidewalk and another park strip; in this case given this section of the crossroad section of the Heart of the City, that details more urban, similar to Peets, Panera and Whole Foods. When stating the project is consistent with the Heart of the City, it is referring to those features, the landscaping features. Staff will answer some of the setback questions. George Schroeder: • Relative to setbacks, he said there were discrepancies between the plans and staff report due to being measured from different places. The setbacks were measured to the rear property line of the parcel, and the setback measurements in the plans were to incorrect location of the property line; the ones for Building E were measured for the large shopping center parcel and also to one of the current sliver parcels and the ones for Building F were measured to their own parcels. Com. Brownley: • Said he was excited about the new restaurant and shops, including the sidewalk landscaping, street furniture and enhancement, everything elating to activating Stevens Creek and making it walkable and friendly. Staff will work with the applicant on concerns regarding storage of shipping containers, delivery trucks, lighting, odor, and traffic to make them conditions for approval. The remaining issues are parking and the exception for the Heart of the City, but based on the discussion, there was a traffic study done that says based on the similar projects in the city with similar parking characteristics, the parking around this area will be adequate. To a certain degree the parking issue has been discussed and addressed. • The exception for the Heart of the City: There are constraints on all sides on things that they are trying to do that make this an appropriate location for the building in addition to that there is the precedent of having the exceptions in the past, and for those reasons that is how he is looking at some of the problems seen on this project. Com. Brophy: • After looking at the issue on the Heart of the City exception, while we prefer not to do that, the need to connect that building and connect the pedestrian connection towards the Pizza Hut and to try to preserve the Oak tree there, this may be an acceptable solution. • A single building with an average of 31 feet is not the end of the world because while looking for a boulevard approach, this is the most heavily commercial section of Stevens Creek Boulevard and a single exception won't likely make a difference. He said he was not concerned as there are already a number of pre - existing buildings that are closer than that. 274 Cupertino Planning Commission 7 August 9, 2011 Said he was still concerned about parking and there were still unanswered questions remaining. The Hexagon study uses unconvincing examples, the Homestead Shopping Center is the weakest large center in the community; even before P W Super shut down it had a very large store with low volume, and an oversized Rite Aid, so the traffic was never large. The other examples used in the survey 18 months ago in Mountain View and Santa Clara were not comparable to this center; which negates that as a reason for supporting it. Said he did not view it as a theoretical issue, but looked at the work that has been done at other successful centers in town, look at the parking analysis, at Cupertino village which on Sundays does not have enough parking there; and look at Market Place and it's not quite overcrowded but close. In both cases there were reports by Hexagon saying don't worry that regardless of what the city's zoning ordinance says, this is what will work. He said it was not the sort of thing that provided confidence when reading the study that is supposed to reassure us that this will barely work with any spaces less than required. Said the city's restaurant standards are too light; if you want to look at a stand alone restaurant, look at BJs at any time, they can't even do open parking; they had to go to valet parking which emphasizes, if anvihing, restaurant uses in the ordinance are insufficiently strict and since this is a proposal to add additional entire restaurant space, he felt he could not support it the way it was. He asked the Commissioners if anyone else agreed with him, that it appeared the alternatives are either to not allow Building E or to allow Building E along with Building F but to require that it not be food uses. According to his calculations, that would bring it back to where the city's zoning ordinance is. He said he was presenting it as two alternatives to approving a project that he felt did not have enough parking to support it. Vice Chair Miller: Staff has already agreed to eliminate the covenant on Condition 15; he supports the concept of giving the applicant the latitude to make some changes to the light bar, to substitute wood for metal trellises, and also to discuss the signing with staff. He said he was not opposed to bringing any further issues to the DRC if staff and the applicant cannot work it out together. Said he was concerned about the Heart of the City exception; however the most positive thing is the activation of the street front. He referred to the success of the Peets and Panera Breads outdoor seating in front of the buildings and said there was value in that to make the exception. Said that parking was always a judgment call and he was sensitive to Com. Brophy's concerns. Most of the high demand parking seems to be generated by successful restaurant traffic, and when comparing the Market Place to this center, there are at least 7 or 8 restaurants in the Market Place, and only two in the subject center. The current use would support this ratio; however, if the remaining Commissioners were interested in having a covenant that said if they were going to come in for more restaurant parking, it would be reasonable that the Planning Commission would have to review it. Com. Brophy: • Said that part of the situation with the center now is there are vast amounts of vacant space and there are a number of other low traffic generating uses that are occupied. He was concerned that using the formulas they have, that given what would be expected for these spaces, once those spaces are filled, they may find that is not the case. It is well below what the zoning ordinance requires and barely meets what he thought were pushing the numbers. Vice Chair Miller: • Said he understood the concern, 10 or 20 years ago, when all the spaces were filled, it was difficult to remember a time when the center was underparked. It is a judgment call and he would be more concerned if there were more restaurants on the site because restaurants do tend to overflow parking. He said he did not see a problem with having some restriction that they can't arbitrarily add significant more restaurant space without coming back. 275 Cupertino Planning Commission 8 August 9, 2011 Gary Chao: • Staff is proposing in the condition that any additional intensification, i.e., more restaurants being proposed than what they are showing, require additional review by staff. Currently the proposal is for the entire Building E to be restaurants. It is the worst case scenario and not realistic; what you can do is back that number down a little; what if it is 2/3, or 50 %; that is something you can consider as opposed to just all retail. Com. Brophy: • Said it is already included in Condition 11 that if the parking is not working, they use valet parking for the restaurant space. He said BJs had that as an alternative, although not ideal; and he viewed BJs as a parking failure, not a success; and should not be used as a model. • An option would be to limit the amount of food use because of the dramatic difference in parking demand between food and non -food use. As a compromise, suggest limit Building E to 50% food; it was suggested Building E be a non -food building because that would get us just about down to what the zoning ordinance requires in terms of parking. If there is a desire to try to work something, he said he would rather see Building E be no more than half food with the option that the applicant could come back, if and when the center is fully built out. If there is surplus parking, if he wanted to then convert either the remaining space in Building E or space in the main building then it could be done at that time when there is actual evidence that there is not a problem. Gary Chao: • Said a possible example to consider is the way that Market Place set up their condition, locking in a percent of maximum restaurant for the center, when Building E is 50% occupied, staff would have to come back with another assessment to demonstrate at that time the parking demand on the ground. Com. Brophy: • Said if looking for a compromise solution, he would rather look at 50% with the option of the owner coming back at a future time when the center is fully leased out and if there is surplus parking. Gary Chao: • Relative to size of parking spaces, he said the Planning Code requires uniform stall size; with no option of compact size; that is the current ordinance. The applicant indicated they were using the medium size parking space. Mark Creedon: • Explained how the number of parking spaces is arrived at, what the parking analysis takes into account, and factors to make sure there is some cushion. Will the center always have ample parking anytime someone wants to arrive around the holiday season; probably not; 85% of the time there will be parking available for them. Com. Brophy: • Said he was not concerned about holidays, but when he saw centers in town built on the advice of the traffic consultant that they could safely ignore the zoning code; and they were crowded every weekend, it struck him that a mistake was made, not that it should be business as usual. Vice Chair Miller: • We are talking about some kind of limitation on use of the space in Building E; is that workable from your standpoint? 276 Cupertino Planning Commission 9 August 9, 2011 Mark Creedon: • Said they would prefer to look at it over the entire center; which the staff report reflects, because it provides flexibility for the owner to not have dark spaces. If there is a vacancy in one part of the center, or if the amount of retail or restaurant /food use is limited, they may not want to move to another part of the center; they may prefer that building; it is a better location for food use. • It is flexibility for the whole center, and he said they are in agreement with limiting it, and don't want to intensify the site any more than that. Staff quoted 15% over the whole center for food use; they could never exceed that and would have to come back with a request to do that. Vice Chair Miller: • Asked where they were at in terms of the percentage of food space for the total center. Gary Chao: • 15 %, assuming you are leasing Building E completely to restaurants. Com. Brophy: • Said he could support 10 %; suggested that Building E be a maximum of 50% food. Vice Chair Miller: • Suggested that in the interest of giving the owner flexibility, they use that number to come out with a percentage for the entire center. It works out to the most he can fill Building E with now. Com. Brophy: • Suggested that the number not exceed existing restaurant uses plus Building F plus half of Building E. Gary Chao: • This doesn't mean that they can't come back for additional restaurant; they can if they demonstrate with evidence once everybody is situated and open and fully or significantly leased. Com. Brophy: • Said he agreed with Vice Chair Miller's comments about the architectural conditions. Gary Chao: • Asked if the Commission agreed with staff's direction about the window; to work with the applicant but not violate state laws regarding the French door condition. Vice Chair Miller: Said he was not in favor of limiting the indoor restaurant seating space. The applicant said there was a separate door for the service to go in and out easily without interfering with the patron traffic going in and out the front door; therefore, he was opposed to reducing the functionality of the restaurant. Gary Chao: • Suggested if that was the general concern, they don't want to preclude them from being able to logistically operate their interior floor layout. They would like the window to come down further so that it looks like a storefront as opposed to a half wall; at least visually it looks retail friendly or more activated so there is more visibility in and out. He felt they could work out a condition that gives them the flexibility to work with the applicant to the maximum extent 277 Cupertino Planning Commission 10 August 9, 2011 possible to explore opening it up. However, if it doesn't meet the applicant's criteria, they might consider just working another window design so it is stretched further down toward the ground to give it that look. Vice Chair Miller: • Said he agreed; it would be a lot less convenient for people to eat outside if they had to go out the main entrance. Com. Brownley: Said he agreed with the discussion about opening up the space; but in the event it needs to be curtailed, there is an extra entrance, and bring the windows down to make it more friendly. Motion: Motion by Vice Chair Miller, second by Com. Brophy, and unanimously carried 4 -0 -0, Com. Sun absent, to approve Application DP- 2011 -03, ASA- 2011 -12, EXC- 2011 -10, TR- 2011 -30 with the changes discussed Chair Lee declared a short recess. 2. EXC- 2011 -08, INT- 2011 -01, TR- 2011 -22, EA- 2011 -08 Barre Barnes (WJB Canyon, LLQ Lot 167, Cordova Rd. Hillside Exception to allow the construction of a new, 3,704 sq. ft. single family residence with an approx. 1 189 sq. ft. basement on slopes greater than 30% on a vacant lot; Request for a yard interpretation to interpret Cordova Rd., instead of San Juan Road, as the front yard for a new Single family residence; Tree removal pen to allow the Removal and replacements of protected 25% and 32" diameter Coast Live Oak trees. Planning Commission decision final unless appealed. Colin Jung, Senior Planner, presented the staff report: Reviewed the application for the residential hillside exception for a new home, yard interpretation to interpret Cordova Road as the front yard and tree removal permit for removal and replacement of two Live Oak trees; as outlined in the staff report. He illustrated photos of the various elevations of the proposed residence and reviewed the project site data. He reviewed the background of the item, including zoning consistency, front yard interpretation, relocation of Cordova Road gate, tree removal and landscaping, design considerations, geological review, meeting with surrounding neighbors and their concerns. Staff supports the applicant's request to have the Cordova Road yard designated as the front yard since the developable portion of the lot lies well below the San Juan Road grade and vehicular access is not feasible without excessive grading, and tall retaining walls. Pedestrian access is also difficult, with Cordova Road having a much easier access. The proposed housing geometry is more compatible with Cordova Road as the designated front yard. The gate conflicts with the proposed driveway; and Public Works agrees that the gate can be moved further down Cordova Road without interfering with the available utilities on the street. Staff recommends approval of the tree removal pen and replacement of two Live Oak trees. Staff feels that a minor design change should be made to the three -story wall north of the garage and a condition has been added to the resolution requiring the applicant to make the minor design change at the building permit stage. As a result of the geological review completed by the applicant's geologist and the city's geologist, it is recommended by the city geologist that the project can be approved from a geotechnical standpoint, but is recommending at the building permit stage, there be a remedial grading plan prepared to address the fill that has not moved, but should be remediated. 278 Cupertino Planning Commission 11 August 9, 2011 He reviewed the concerns of adjacent neighbors, including impact of adjacent neighbors; views through the property, retaining the Cordova Road street gate, what is being done to address the additional storm drainage that will be generated from the property, and the current deterioration of existing storm drainage improvements on Cordova Road. They were also concerned about the geotechnical review, reviewing the past landscape activity which it has done. There was a question about whether the public hearing notice included the O'Grady - owned property; one was within the 300 foot radius, and the other was not; and there was also a concern about the Oak tree removal; those concerns were responded to in the staff report. Staff recommends approval of the mitigated negative declaration and approval of the hillside exception, interpretation and tree removal per the attached resolutions. Staff answered questions regarding the application. Barre Barnes, Applicant: • Said he has built several homes on San Juan Road and is familiar with the soil, rain, etc. He has hired two geologists, designed the house to remove the fill that is on it instead of taking it out and bringing it back and causing more grading; and are removing the majority of the fill that was placed on the lot. There is a foundation, the slab underneath, the basement and it is also going to be on piers. They are working with staff and Public Works to do whatever is needed relative to the water retention issue. Chair Lee opened the public hearing. Jennifer Griffin, Rancho Rinconada resident: • Said she was aware the area had building rights that date back to the 1920s/30s. She addressed the issues of the two Oak trees, the 25 inch tree appears to have problems and the 32 inch one appears to be healthy. She commended the property owner for trying to save the 32 inch tree, and suggested for replacement, they try to plant seedlings off the property of the same genus or species. Barbara Danny, speaking on behalf of a group including the Wests, Mr. Dunn, Mrs. Lam and Caroline Anderson on San Juan Roads: • Thanked staff for listening to neighbors concerns and answering them; they appreciate the diligence that staff has paid to this item. The neighbors concur with the resolution 2011 -8 with the following recommendations with respect to the relocation of the gate on Cordova Road. • Suggested adding the sentence to the resolution: "The gate shall remain closed during and after construction ". She said there is ample access to the road from San Juan and they ask that the developer and his contractors stay on the public portion of San Juan Road and not use the private extension of San Juan. Also on the geotechnical review there was some discussion about the city geologist and geotechnical representative and in their July 20 letter which outlines their conditions, they said that they did not have a copy of the plans or cross sections illustrating the extent of remedial grading; and they would like to be noticed when the city gets that so they can look at the plans, because the drainage and grading are a maj or concern. • On the relocated gate on Cordova Road, the road is too narrow and fragile for the gate to remain open at any time, including during construction traffic. Because Cordova Road will serve for drainage from Lot 167, they request that the Cordova Road bean be repaired and the surface of the road be patched. • Showed a variety of photos of drainage and the fragile condition of the road and impact of the 1982 slide on properties. In 1984 Council adopted resolution 6256 to put the gate across the road because Cordova Road is so narrow and substandard and it is impassible to through traffic. It has remained there for 27 years and is working. • Said the group concurred with staffs resolution 2011 -8, and requested an additional sentence that Cordova Road should remain closed during construction and after construction, because 279 Cupertino Planning Commission 12 August 9, 2011 the road is too narrow and fragile to handle the construction traffic. Additionally because of the runoff and storm drain issues, they asked that the road be repaired and berm repaired also. Annie Chyu, Cordova Road resident: • Suggested that people visit the site and road to get a true picture of the danger in the area. Said that it is a very dangerous area, and there have been many car accidents, and children ride their bikes and skateboards in the area. If the trees are removed, it will release the dirt and become a worse disaster, with mudslides. The residents would also like to have a retaining wall behind the Oak trees for safety. She said the gate is necessary for everyone's safety. Wei Chyu, Cordova Road resident: • Expressed concern about the mudslides as they cannot be controlled. He said the flood in the street is enormous; and it is a dangerous area for cars, floods, mudslides and many people will still have problems. The City should be cautious about approving permits for the work because of the danger in the area. Chair Lee closed the public hearing. Colin Jung: • Said that Public Works sent an email that the work relating to moving the gate and having it remain closed; the road work for filling cracks along Cordova Road and repairing the berm; is on their work list to be completed before the rainy season; including the repair of the asphalt berm, and the slurry sealing of the cracks in the road. • Relative to the outcome of the two Oak trees; he said there was a difference of opinion by the two arborists on the second Oak; the applicant wants to try to preserve and retain the 32 inch uphill Oak tree. The city arborist normally takes a very conservative view on trees and in this particular case they didn't feel that it could be preserved given the extent of the construction. Staff is willing to give the applicant the benefit of the doubt to try and protect the tree. The tree removal condition is that they strive to protect the tree itself, however, in the process of going through the grading they need to make the site safe, there is still a remedial grading plan that needs to be completed for the property. • The arborist report indicated there had been some fill around the tree itself. The city arborist indicated that he felt there was enough encroachment of the house within the drip line of the Oak to make that preservation of that tree very problematic, even though it is doubtful whether or not it will survive. If the applicant has to do more, not just grading, but put in storm water improvements also which go up and around the property; he will not be required to return for another public hearing, but will be required to find another suitable place on the property to plant one or two more trees. Gary Chao: • Said it was important to understand with a new project given the foundation and the remediation work, the better soil being put back, the basement and the piers going in, the project itself is going to help stabilize the hill. There is some truth to the fact that the existing trees hold soil. He said he felt it was one of the reasons the applicant is putting in a basement, the retaining wall and piers underneath will hold the dirt or the hill up better than the current lumpy situation. Colin Jung: • He addressed the planned drainage and storm water manipulation and control to benefit the existing property and the neighboring properties. • Said it was broken up into two types of drainage; there is no house there now, all the drainage that is falling on that property is percolating into the ground. The storm drainage that the neighbors are concerned about now is all the Legacy development that is happening, above on :1 Cupertino Planning Commission I August 9, 2011 San Juan Road; that particular corner San Juan and Cordova Roads is the low point right there; San Juan Road comes in from above and it meets down there at that corner and that low point is where it takes all the drainage from the street down Cordova Road. At that point the city put the asphalt concrete berming in there to keep the drainage on the road and take it as far down to Cordova Road as possible in order to pick up an underground stone outlet there. Some of the improvements are falling apart and they need to fix it, which is obvious from the photos. As far as development of the house, that is going to increase the storm flows because you are creating impervious surface from the roof of the house, from the driveway and other hardscapes surfaces over there. The applicant is required by law, 0 regulations, to detain or retain his contribution on his property; the problem is it works fine in principle on the flat lands but when you get up in the hillsides, it is not advisable to try to keep all that water in the soils itself, because it just lubricates it and makes it more prone to destabilizing the slope. The civil engineer says is ok we have these requirements, it doesn't make a lot of sense to keep the water on the property because we don't want to create a landslide situation, as has happened in the past; so they want to create a reservoir on the property. There is a piece of the property that is relatively flat, and similar to a giant pipe with no holes; with one small outlet from it that is going to take water from it at a certain measured rate, and the rest of that pipe during the peak storms is going to fill up with water; but the pipe itself is going to be tens of feet long, 18 to 24 inches diameter and will fill up with water during the peak storm; be measured and released at a measured pace after the peak flows because it is designed to detain the water, not retain it on the property; detain it long enough so that the streets out there can accept the flows once the peak storm period has passed. Com. Brophy: • Said from a planning perspective there really are not a lot of issues; the issues are more dealing with engineering design and approval. Clearly the critical issue will come when building permits are requested and the engineering department has to evaluate whether or not this project can be built to modern standards. • Suggested adding the sentence in Section 3, No. 3 that "the gate shall remained closed during and after construction ". In addition, add a paragraph where appropriate that neighbors who would be notified in the normal process of planning also will receive a notice of remedial grading plan so they can make any necessary comments to the city engineer. Gary Chao: • Said it was a good idea given the sensitivity of the subject. Staff would propose, that prior to language to be added, a general condition that says prior to issuance of building pen regarding the remediation plans being mentioned in the geologist recommendation, when the plans become available, they be made available to the city for review and approval and be reviewed by the city geologist. At the same time staff will notify the public who are interested who have spoken and provided input, that they will be available for viewing, Staff can facilitate that. (Condition No. 2, hillside exception) • Condition No. 11 Public Works discussing their criteria and requirements regarding drainage: The applicant would have to demonstrate to the satisfaction of the city engineer, covering many of the things that staff was describing; in short it is meant to not increase the impact that's based on the project being proposed out onto the street system, the overall system. • He read an e -mail from Chad Mosley, the Public Works engineer: "What is the Public Works Dept. going to do in response to the concerns raised by the neighbors ... "The city has added the portion of Cordova Road in question to its current row crack ceiling program; this program is currently in progress and the portion that is being discussed on Cordova should be sealed within the month. This would address some of the neighbors' concerns in the photos shown with the cracks going down the middle of the street. The city also has added the repair of asphalt berm to the list of work order items that will be addressed prior to the start of the rainy 281 Cupertino Planning Commission 14 August 9, 2011 season. The city will additionally repair a couple of potholes along Cordova Road at the same time that the asphalt berm is being repaired, the city will request the trash company to access 10690 Cordova Road from San Juan instead of driving along portion of Cordova Road in question; this will reduce the number of large heavy truck trips along the stretch of the road; and Public Works confirmed once again that the gate is to remain closed during and after construction." Vice Chair Miller: • Since most of the issues center around plans that haven't been done yet, he asked staff if they should be looking at this again after the plans are done? Gary Chao: • Said he did not feel the Commission world have to look at it again; many times the city geologist is comfortable enough with the information they were given providing recommendation for approval. The condition will cover the fact that the plan will be reviewed by the city engineer as well as the city consulting geologist to make sure that it is satisfactory and that will be translated into the structural consideration during the plan check for the Building Dept. Those are engineering issues and the geologist and city engineers will make sure it is done properly and there is already a condition that covers that; it has to be done prior to issuance of the building permit. Staff is comfortable that they can take care of that and won't allow the project to proceed unless it is all covered. Vice Chair Miller: • Requested that staff bring the plans back to the Planning Commission. Gary Chao: • Said that the information available to the neighbors will be brought back to the Planning Commission as an item of interest for their review. Vice Chair Miller: • Said that the pipe is designed to retain water and let it out slowly; what happens when there is a big storm and the pipe fills up; where does the overflow go'? Colin Jung: • Responded that it is a very large pipe and the city storm drain system is designed for a 10 year storm. Vice Chair Miller: • Said it was not what was described and wanted to clarify that staff said that on the property there is a pipe which is designed to allow the water to flow out slowly; not the city's system, but the system on the site itself. If there is restricted outflow and there is unlimited inflow, the possibility of overflowing exists. He questioned again where the overflow goes? Gary Chao: • The understanding is that the project is not required nor would it be appropriate for them to try to address. One of the existing problems in time when there is a big storm and rain for extended period of time, there are times where it is going to exceed the capacity of the system. Colin Jung: • If you have a store that large you won't worry about the outflow from this particular property; it will be all the outflow from every other property on San Juan Road. y, Cupertino Planning Commission 15 August 9, 2011 Vice Chair Miller: • Said he wanted to know what the back up plan is for where the overflow goes. Colin Jung: • If the pipe backs up, it would go back up through the piping system and would overflow onto the soil around it, potentially softening the soil to the point where it slides. Vice Chair Miller: • Said his concern was there are questions which need to be answered before it is approved. The next issue is, it seems possible that the water going out onto the street could make a right turn into the driveway of the next door neighbor; so part of the solution has to address how to prevent the water from entering the street and going into that driveway; and it is sloped away from the driveway, but it is not clear that it is sufficient. Gary Chao: • Condition 11, Public Works is attempting to have a condition crafted to address that; it talks about the storm drain system designed so that it won't increase one percent of the flood water surface elevation of existing storm water facilities. The last part of the condition states that any stone water overflow or surface sheeting should be directed away from the neighboring private property into the public right of way as much as reasonably possible. A lot of it is existing conditions and there is always going to be the potential of 100 year storm in which case all systems will fail; that will be the case with or without the project. The project shall not add toward, further impact the existing system; in some ways it is going to help with the peripheral, the surrounding area by some of the improvements around the perimeter but it's not going to further impact what is out there now. Vice Chair Miller: • Reiterated that he would like more than the general language; something very specific; that somewhere in the plan the fact is addressed that there is the potential the slide is going to add to the water going down the street. It is adding to a potential problem for the neighbor next door and that neighbor's driveway specifically needs to be addressed by an engineer. He recommended language that states "and specifically the driveway to the east ...." Gary Chao: • Proposed the addition of verbiage under Condition 11 and discuss it to the extent where the applicant shall work with city engineer and city geologist to address the potential overflow scenario and come up with a solution that is feasible and acceptable to the geologist and city engineer. Said they would be happy to have that conversation and make sure that at the minimum it is being looked at and the city geologist and city engineer have given thought about that. If it is physically impractical to do anything other than what they have out there, at least they will have to come to that conclusion and that issue will be thought out. • Staff will address the issue of the trash collection to the city engineer; and convey the concern to the city engineer and hopefully facilitate conversation for them to hear Mrs. Lam's concern (10690 San Juan Road). • Relative to Mrs. Lam's question if there would be privacy landscaping, he said it is only required of RI single family homes, but the applicant can be asked if he would be willing to plant some shrubs or trees to help further that effort. It is a good idea, and if the applicant is okay with it, the Commission has the ability to require those things if they find it is relevant to the context and concerns being raised. Vice Chair Miller: • The additional landscaping could serve not only as privacy landscaping, but also to retain the water on the site and stabilize the hill. 283 Cupertino Planning Commission 16 August 9, 2011 Gary Chao: • If the Planning Commission desires, a condition could be added that the applicant would have to provide a landscaping plan to the satisfaction of the Director of Community Development which includes addressing providing additional shrubs or trees where appropriate; perhaps with a recommendation from the city arborist to stabilize and help screen visibility. Vice Chair Miller: • Pointed out that the staff is requiring that the applicant put four trees on the property to replace the two that are potentially not going to be there anymore, and there is no reason why the four trees can't be planted on the northern side of the property to be part of the landscaping plan to screen and also to help stabilize. Colin Jung summarized discussion of conditions of approval and revisions: • Relocation of the Cordova Road street gate: Add a clause that gate shall be kept closed during and after construction; that is modification of Condition No. 3 of the hillside exception. • Geotechnical review: Add another paragraph that interested neighbors and the Planning Commission will be notified of availability of the remedial grading plan once it becomes available; staff will provide a copy to the Planning Commission. • Public Works Conditions No. 11: Last sentence referring to any storm water, overflows or surface sheeting shall be directed away from neighboring private properties, particularly 10690 Cordova Road and to the public right -of -way as much as reasonably possible. • Tree removal approval: Referring to the required tree replacements it talks about the tree shall be planted prior to final occupancy; insert a clause that says the required replacement trees primary consideration should be given to planting the trees along the north property line next to the abutting neighbors. Motion: Motion by Vice Chair Miller, second by Com. Brownley, and unanimously carried 4 -0 -0, Com. Sun absent, to approve EXC- 2011 -08, INT- 2011 -01, TR- 2011 -22, and EA- 2011 -08; with the gates to remain closed during and after construction; the neighbors will be notified when the drainage and grading plans are available and copies will be made available to the Planning Commission; the applicant will provide some type of landscape screening plan on the north side of the property to include the replacement trees and the neighbor immediately to the north of the potential for water draining down her driveway and into her property will be specifically addressed; as part of the drainage plan the question will be addressed as to if the pipes should overflow, where does the water overflow go. Motion: Motion by Vice Chair Miller, second by Com. Brownley, and unanimously carried 4 -0 -0, Com. Sun absent, to send a Minute Order to Public Works Department that the road will be repaired and the berm will be repaired prior to October 15, 2011 OLD BUSINESS None NEW BUSINESS None REPORT OF THE PLANNING COMMISSION ENVIRONMENTAL REVIEW COMMITTEE Discussed Cordova Road at meeting. HOUSING COMMISSION: • Com. Brownley reported that the Commission has been visiting a variety of projects around the County relative to affordable housing projects; and discussed Habitat for Humanity project M Cupertino Planning Commission 17 August 9, 2011 that came before the Planning Commission. MAYOR'S MONTHLY MEETING Com. Brownley reported: • Bicycle and Pedestrian Committee has been working on pedestrian plan; completed the bike plan; working on stonn drain project around Monta Vista area and looking for space for students along Orange Ave., trying to improve bike education in community still working on safe routes to schools and communicating with school on safe pedestrian and bicycle routes. • Teen Commission has first meeting on September 14" actively involved in anti - tobacco conference; planning on having three track on that beginning early next year; also working on Walk One Week program. • Public Safety Commission is also working on Walk and Bike to School, and analyzing spring data and will present results at next meeting; bike racks at Kennedy and working on Alert SCC with schools. • TIC had initial input on their work plan and has been notified that ATT tower on Results Way is still pending; 4DYMax provided by Clear is in operation; currently emphasis on computers, but should be eligible for computers and cell phones. • Parks and Rec Commission working on work plan, including McClellan Ranch Master Plan, still working on ducks and geese; Stevens Creek Phase 2 Trail is under way and also working with Teen Com. with Walk One Week program. • Library Com. is starting Sept. L has received funding from city to increase library hours an additional 6 hours; conducting Poet Laureate interviews and should provide info in August; working with Library Director to provide green practices and working with TIC and looking at collaborative efforts with the Library and technology. ECONOMIC DEVELOPMENT COMMITTEE Meeting August 10 REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT • Gary Chao reported that on August 2 " the City Council approved the R1 ordinance, 90% consistent with Planning Commission recommendation with some twists. • He reported that Kelly Kline accepted a job with the City of Fremont. Adiournment: The meeting was adjourned to the next regular Planning Commission meeting scheduled for August 23, 2011 at 6:45 p.m. Respectfully Submitted: /s /Elizabeth Ellis Elizabeth Ellis, Recording Secretary 285 PR TEAM TE LEGHIPINM MEPEMGIFIn- OVMEW: A31639LTEOTE LANDSCAF& BYER PAOPHCTFES KAHN fAGNASSOOATS GARDEN PITCH �'ECTStRE e. 66 POTRRSO AVINUS CA %103 SAN FRA) {810 SDClIJSTRFEF %]IO 931 PARDE£539EET ERKQEY,U4D10 TEL (05)6747937 -2 LI LKELEY,U Ta (55u]e+LASS TEL 73ASE7 F A]( 674376] (4131 FAX (5101 �I -IZaS FAX (5ID)525.9590 P,u) ALEXIS E Od Fe KAHN TEIIESA KENNEDY uxt »e�i:.i•:. +'xkhi'.':f;:. ctk�.�i°bz'`>...a�esvcl+�l CFVIL ENGINES W: TE LEGHIPINM MEPEMGIFIn- KMAWAIGMOIYILENGIf -ff A SLIRVFYOIM lN2 AUGE PRUSANJGUTINGO0IGN 931 pARbF£aTRff'!' BELOEN E4G 6670 Al ^1AE]OA PV,ZA R0., SDl1E 700 3350 9C07T ROIOEVAw.WILDING 22 BEEXElE7, CA YVI O S A CIARA� GLtFORNIA 95054 TEL [310) 5]5.3670 TEVPNONe (40B) 7174655 FAX (510) 5433471 DU6UN,CAIMSM TFl (925) B]"m FAX 025) 879 -066$ FA7C (408) 72]3641 " ICF2tY dCONNELL KEVIN MOORE JPFIN .., PROJECT''DESCRIP'E'ION THE PROJECT INCLUDE THE PROPOSED DE386PMF CF TWO NEW ONE STORY PAD RUIWFNGS(P ANV F) ON THE SITE OFAN EXGTENG 136, 5W SFRETAILCENTER, ATE IMMQVDIEHTE TO TE1EAD}A6 PARKING AKCIS, AND NEW LLGXDNC.v LANDSGWING, AND FIARDSfJ.PE RUILDiNG °E° (EASTERN RUfIDI NG1 G A NEW ONESTORY 8,136 SF MLLTI TENANT AFTAILAND FOOD SERVICE BUIIDENG VYf AN AD}A�M'FOUNTAIN. BURRING •P (V/FRFAN HLILDHG) AN FISTING 5000 SF 4f- RESTAUAAM (MARIE GLL16.OER'S) G binOUSHEV AND REi'I_A�O 3^hTH A NEW STANIYALONE ONE STORY 4W6 SF pESEALAV WT BUILDING V�OIF! O V131DE DINING SHE NUR](lm[ ES: THE PAARINGMFi3S- AgD1NiNG N111DWNW - r R 4° WLL GE 1OL15HPDAND RECONSTRUCT6O VVGN NEW UGHTING AND LANDSCAPING PARKNG LOT UWMNG SOUTH Of 81A1DING °P OPPOSITE TENANT - W WILL 99 RIILACFD. C3LRBSIDE IM FROVFI'9H1T4 A NEW LAN]]Er�i3PED PEDESTRIAN ItNK FROM 9FEVENS rocs %W. WHICH CULMINATES ATAPfi!?140.VED EXISn NG HERITAGE OAK S ITE MAP DRAWING INDEX AO.0 COVER SHEET FS g? t� d x x ARCHITIECTURAL DRAWINGS A0.1 GENERAL NOTES JL SYMBOLS x Ai .0 EXISTING SITE PLAN >& PROPOSED StT'E PLAN X X A PROJECT INFORI: ATION A3.1 SITE SECTIONS x x .., 0.0 K45TING ADJACENT ELEVATIONS x x APPLSCABLB PADBR@OVIRENE3IT SI APl L• 3E9 -0R 9a23.39d8Q].1.359.OEO]0, 35`9 -0W019 PF SFORIEi TAr NDEKM 2010C NIAEI DE CIVIL DRAWINGS C -1 PRELIMINARY GRADING PLAN x x TYPE OFCON 1O7•F TYPE UB X - x .' LANDSCAPE DRAWITNGS L I.0 EAhID.SCAPE PIAIJ x x NG OISTWCT: P ZONI- I9Lx6D U5E.P(CO) HANNED DEVELOAMENT PAOPO5ED @NOING VSE A- 3 &B(MFACPffi1L) --NG DING US W.E A2 PR@POSEP R3RLRNG USE A7 ALLOWABLE ARCHITECTURAL SITE LIGHTING AL I.D SITE LIGHTING PHASE 1 AND II x X 'PION HEART OF THE CJE]'P1AN- LRDSSROAPS FIRESPAIMK[HIRI PROPOSED f I1DG F rm - . 2018CA15P OOOE IOlD CALFORNIA N7IE LODE ®® 9/ _f Icy gq PARKING INFO PROPOSED: FULLY SPAIHIGA® NUMBEROFSTORl6 (�CTANPSG3L JIEVIS�aN: I DATE: w RPIIPp.t Q ma91r } INFORMAT'ION APPLICABLE CODE PROJECT INFORI: ATION BUILDING E BUILDING IF INFORMATION .., PRO ECT INFOWMAT[ON: 6V1LD1ND E INFORMAYIDNI .- Upif4G F INFORMATIOLL APPLSCABLB PADBR@OVIRENE3IT SI APl L• 3E9 -0R 9a23.39d8Q].1.359.OEO]0, 35`9 -0W019 PF SFORIEi TAr 2010C NIAEI DE 359 -040� TYPE OFCON 1O7•F TYPE UB TYPE@FOONSTAUCEION: TYPE Ye -N� -LINER IC- b(ISTING BiDG F. I .' L CY CG 3010 GLLFORNIA EFFIFAAGY CODE 2010 UL I FORN A NG OISTWCT: P ZONI- I9Lx6D U5E.P(CO) HANNED DEVELOAMENT PAOPO5ED @NOING VSE A- 3 &B(MFACPffi1L) --NG DING US W.E A2 PR@POSEP R3RLRNG USE A7 ALLOWABLE - m •^ 2GlOGiIFORN0IR.ECT711ULCODE ELECTRICAL CODE HEART OF THE CJE]'P1AN- LRDSSROAPS FIRESPAIMK[HIRI PROPOSED f I1DG F - . 2018CA15P OOOE IOlD CALFORNIA N7IE LODE ®® 9/ _f Icy gq PARKING INFO PROPOSED: FULLY SPAIHIGA® NUMBEROFSTORl6 (�CTANPSG3L FIRE3YRENRLERSI AIIAWABIE HDGHt: 40 FIEF MAX IvlQ7C768h FULLY A'RfR80.Bt® ZONINGAIEOW. HGT: AS FEETaW3C - ° M ^ .:i I_ryTY OF CVPE0.TI0 MUMQPIE CODE PROYOSEO HEGf1T 4'p11GNL�T PI 3 ONT] mNHP n PAWNING REOUIREMENTR ALLOWABLE 1 PROPOSED BIDGe 1 !BUILD T TUD _ __ - p� p�• �F p■CY OCCUPANCY CALCULATIONS xPL TO IS r. OWABIE HPG6FI' 4o Fi3FFW%. OPENIN HOVRS 90D WM-YE HOP 6 7BD - F E ST MM ST/V.0 DEMVVAONSa 85 FfEFe 18 FEET 18 PARIUNGIAP ZONINGAELOW.HGT: 45F�T MAX� � SITE AREA - +e4mawmcmawaaxa PUSa3n3aeA rAwnxmn9r PROPOSED XEIGSFP. 30` [HIGHST FOINn IOUesvRlo mare NET SITE AREA 543 %SF - - - - - -- 'v -PANT LOAD CHART ll T NO CALCI3"MONB 4VII.DLMG FLOORAREA'FI � aPE EA E J I:OCCUPA lEH1D. --r-ma EXISTING, 4,M,*, w:;r CBCTAR DO9.I.NIY C RKTTON IO t "IFERC EE 10 1005.T F IN. KEQ-0E AEODTH E TF{ ^FEB. IQ Ir. 1364"SO FT Imu-ND 7E' TB.LVJIS TBO PROPOSED. S,OffieyR k. F T IHUM O CCU - ER ABLE 102E2 M.NGMUM CCUPANT LOAD MR- 20T'A' A'8' OCCUPANCIES U49. LOAo E -PHI TABLE 1016.I:91AXIMlfM TPAVEL pSTANCE FOR'A'A'F OGCUPPNCIF ISyp FT W/D SPRINKLER SYSFH9. PARKING 670 TOTAL PAPllSIMG RATION 9.4](PfR LAW Se FTJ OPENING HOURS Tm TBD FLOOR AREA RATIO'F' FqI 359 .ae P ROPOS� RATE AREA AREA PR SE[ : 5p 4,730 -q&- PROPOSED tf eqc 15g Nn' egEC = .ION SAa50 DGCBFAPICT f3ALCULAT1DMi BQ FT3 f44,M 5O FT PAM" am am TOTAL NET ATEAAFA 899P35F BUILDINQMBT bACTSA - FRONT _ - o m PARKINGTI @� 4]3 Fr) EUILDlND FLACRAREA'£'; ALLOYYABLRf 35 PCCT! OP1CYRw -' "- Yeb v (0.�.W0 ' m -: wnmaummm s �� uume - ;AVHaruxle6eA>»n RwUUOn PROPO6EO: ILI36 mRF LxlmN6 BI.DG`F': 61'.8 "RADM GURB Lu nr PRONOID FLOOR AREA RATIO'S' PROAOBED BLDG F'a 31 wlD @I 21 ADA STALLS, S VAN STM25 PROFO3®: 4136 egR1R9.995 NET raJfc =.0981 OR Sa>BLOG FIT. Z ❑ _ -_ 1 51'H41.PR1 BA[EPA311EING W RIO. CAR PARKING) BUILDING MET 4ACm ®LIST GELDG - F: 3FBE'T REOUNE0: M7.43 =36 FRONT SLDG'F: 85' -4' - - - I>71 TD 'RDVRIFD: 37 '+raawwwwwsarla F:advtro renem:xmoF kLL OW"m I5 FIEF FwDM CURB PR OPOE BLDG G' ES. 40 FT FROM Ra ' PROPOSED % OB FER @® _ 51bEe - E3usr7MO BLDG -F: PS[r w PRDro>�D tl.[ " 13LLQV7ASLF2 IB FEET @w.s>rSWwMT. B3sG'�•a 9a•�3•• ® LJ2 117 LANDSCAPE INFO PRDPOMED INDG 7E•I aa' v f + ALLOWABLE: 20 FEET s IAF®SCAPE A31FA (10X OFPARKING AREA} PROPOSED ELLDG'E': 73 FEET LOT A: 1tID: uImsr RrQU1 .10 %01,863 =4166 SF PAOMDE[Y. ^Alf2RAGE BLDG 52LTE15CK G Ii.AMON y V 9,830 EF (V2AJ5) NAT B: 45,213 44'- I °(li% dbu0d'mMfrwaoaaJ +34' -0'f191EJ x 33'- !'[JSQ > 1B'- lO°(N%I +25'- 9•(46X) a 39' -8' 4 ( Yd syA� dw RFQUIReD- 8.18%45.372 =4,5275F PRVVIPEV; Q1685F {I4.94f) Q AVERAGE DLDD SETEWCK =31 - -2N^ Eil VICINITY MAP TWEET GRATIQ - IOTA, 1775TAL15.451NGLE ROW STALLS =L]3 q ■ B[IiLpiNG AREAG:AECUE.hTON: ILDG AREA CJ)ATIQM: RE F$ =aO STALLS BL W LOV 3L d� X 1 43 SPACES 173 30=435PACES ]8.6 RE 29 TREE- %ioNDE as TOTAL E5 PRO WAGE C9C P NFAGE C -p HI SOQf I�ARFA INt'REASE IHIETO FRONTAGE FRONF15f�CJ;C, PEIE[�C 06. 1 5 I�ARFA PIOIF SIDLE Ttl FRONTAGE COVER SHEET LOT R. 5]STALLC. S, &3 SINGLE ROW STALES =41 -k REQLIA®; (TREES 1 r ( 0351 Mm CBC 590.1 EQUATION S -1 I NF/P- 815]W38 TBC.50tL1 E@WT{ON 5-R Ld OYIOFSY. 91 TOTALTREES If [91 N4E4- :JS]x3d30 =J5 If [3x11371 -.2SJ %30730 °.75 5C.5Le AS NOTED ,- r - ^' ^• ' mae%.m::D [ AREA M- r-InON ppl GEC 506(EQUXMON 911 AREA MODIFICATION PER CDC 586 f T- ON 5- P) DIIAWNBY: KOA 5� �,` -f•ro• 'N.+i A¢ %kI*[h %I, ➢'1F=21:9.CECSO4a A {w +(r�zy)n�xl .I.=9pa. eae e�_i _ - _ TDYAL TREES NEM_ ]a TREES UMDER I7 6 TLTF� A +[(000#°1} NOB NO: lmExl THAN IS'DIAMETER .000 %]5] {6,OBDI[6.DOOx 1 ti T�[a _ SHEET a�+�� TOTAL MEW -60 EIEQIRF0.lp: Ya -y - BDIn WEPLACEMBM4'S I3- a4 ^RDSC A- k'x ESL' AL7•DWASLLa ARlA Av z Tg00 eqR AL3OwA0es Ae[ss _ 3�,.' P40JE:CT SfTE AEPLAPEACENI EMEMTS (br nsapmtr aMn IT'1 RuILDINGE A6LAA /RQAOSED =8, 138 egit 3 �^. Sri TOTAL NEP77T3EEa PROTIDEDa 85.24 ° BOX REFLACBHPldTV ®l1ELPNGF ABF�I .P@E13D =S.O .^ - � _ 1 1 0 G ewlHRmr�a a.Imxea Nll I. REG U LAYORY AGENCIES 5PG'n NO. SEmON RE A FE RINCE bNFET NO. 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AA SHEET- FIRE TRUCK TURNING RADIU39 NOTE SAS ®ON ARCHITEGTLiALGWHICSTANDARM LOTH WMON ACCESSIBLE IRATH U!ETR KEV START POINT DIRECTION OF TRAVEL ENTRY TO TR4kNT SPACE EGRESIr PATH OF TRAVEL MIT START POINT DIRSMON OF TM� wqHrorwAy EXIT .W- P44' — Exlrwmw 0 1SHrffr HO'TiM, ACCESI I— PATH OFTRAVEL FROM PUBLIC WAYTO TRUNG TIV DOMES TO M RJLL-NGTM OF OUM CUE; TO COMPLY VOTH 2010 CSIC SECTION I IrRi. rrEM T. r* DATE "Om :�.. 7 __ I W—M A -] g �tJ I 1= LU Z c i im > I U .0 LU 0 PROPOSED ADA&FJRCACCXM PLAN SCAT a AS NOT® DRAWN B, AA 103 NO. AWXI lull =2 -- _ �' 'G W 17 16' 32 ILARG ED SITE AT PAD BLDG V joll %mom"ll REVI5kON: Aa ssr a e As WM 4 Sl ._. Ae ma gp;- A / ��z A 5¢, S ze.. - ' 2 z t � M NI � 7 C t C r. .s scas�; Ira ° = I �: - _ Sl :l i A / C r. 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TELEPHONE Alm DATA ROOFI EW GROUND SIGN 9O ELEG3dI TRANSFORJ]ER 19 TIRE 5TOPE TYP. 29 VTA WSEMEn17 GENERAL NOTES: 30 (EJ wATMNOIUG Uo at wanlNOlNC UO SEE LANDSCAPE DRAWINGS FOR PLANTINGS. I SEE ARCHITECTURAL LIGHTING DRAWINGS FOR SITE AND BUILDING LIGHTING, NOTES 3 —i p- lY LV 32 12W IIIlI� ; FUTURE SITE PLAN FC � senLe: Iraq^ = i'-o° [e r y5 r I e 6 Lull ... mm�uxn - �,� r ��*E1_.pErrr.aATr- I SCALE Ill6° nEVISIaN: SATE W 5CT rmmH p93LA'9GY Qj Dl III R T .Fa LU J yp fA y[ I _ - ®� CJ U v PR FLAN / 6 SCALE As NOTED oRArPN BY: AA 106 NO ALB30.1 SHEET kil KLY NOTES: (D PUBLIC OUTDOOR SEATING SEAT WALL WITH PLANTER O (E) BUS STOP (E) BUILDING SHOPPING CENTER O RATIO FLAILING O MECHANICAL EQUIPMENT O T OUTLINE OF (E) BUILDING BEYOND O (E) BANK (E) GRADE R SIGHT LINE GENE NOTES: SEE LANDSCAPE DRAWINGS FOR PLANTINGS. SEE ARCHITECTURAL LIGHTING DRAWINGS PON SITE AND BUILDING LIGHTING. REVISION: L?A'FE: z 9 Lu u ,A LLJ 11 0 w LLI to 0 CL- u PROPOSED SECTIONS &CAtrz m f P= PRAIIN n — JOB NP. N xl I s EE7 ® 1 P I ! BLDG 'F N -S KEY NOTES; O OUTLINE OF (E) BUILDING BEYOND (2 SIGHT LINE O MECHANICAL SCREEN O MECHW EQUIPMENT �O ON SITE STORM WATER TREATMENT VEGETATED SWAT -E: ` 6) (E) Pi2ZA HUT 7 OUTDOOR RESTAURANT SEATING O OUTDOOR PUBLIC SEATING (E) GRADE GENERAL. NOTES: 19 PLANTER SEE LANDSCAPE DRAWINGS FOR PLANTINGS. SEE ARCHITECTURAL LIGHTING DRAWINGS FOR SITE AND BUILDING LIGHTING. RkVtS10PL � DAATR vo sir Po PEI�flON Z [I z l Lu L yu J V An ®�z� LLI PROPOSED SECTIONS SCALE mKD= DMWN BY: M 1m No- 1umoj -K, E[EYISIO DATE N , [ro� A, IP6— I B USED NOKTHELWAMON WBTH-- ui Z ri LLM U go to ,A z Lu z t; 0 C5 13- u (E) ELEVATIOM Or ADJACENT BUILDINGS —7-M SCALE AS NOTTD DRA" ., AA Joe NO. Axaw.i s 9 L A ,E. TIO 8[E9! N ®TES: O I FOAM CORNICE O FOAM TRIPS O STUCCO, TYP. O TILE WAINSCOAT TO MATCH ADJACENT PROPERTY O TRELLIS O ALUMINUM STOREFRONT SYSTEM O DECORATIVE TILE O PLANTING O (8) BUILDING BEYOND I Q TILE FIELD WITH RECESSED LIGHT q12 METALAWNING MAX ALLOWED SIGNAGE BASED ON FRONTAGE - 13 AVERAGE OF ALLOWED SIGNAGE 14 SIGNAGE FACING INTERIOR OF SITE GENERAL N®TES: SEE LANDSCAPE DRAWINGS FOR PLANTINGS. SEE ARCHITECTURAL LIGHTING DRAWINGS FOR SITE AND BUILDING LIGHTING. —PER THE CUPERTINO SIGNAGE CODE, SF OF SIGN IS NOT TO D>(CEED THE LINEAR FT OF FRONTAGE OR 2DD SF, WHICH EVER IS MORE RESTRICTIVE. -PER THE CUPERTINO SIGNAGE CODE, SECONDARY SIGNS ARE NOT TO EXCEED 70% OF SECONDARY FRONTAGE —MIN. SIGNAGE SF = aD EF JDATE A �r �Rmsok � mmrmu x,. =u� LLA Lu a V ® �v w z N 1� PROPOSED ELEVATIONS SCALE AS No1w PRAWN 9Y: AA To NO - SHEET _DG 'E' WEST ELEVATION KEY NOTES: O I LEDGER STONE O STUCCO O CORRUGATED METAL SIDING O 4 WOOD TRELLIS O WOOD BEAMS 0 METAL RAILING O 7 PLANTER 9 BUILDING O B LANDSCAPE SEATING O 9 OUTDOOR RESTAURANT SEATING I6 WOOD FRAME WINDOW I I PAINTED METAL WINDOW AWNING 12 MAX ALLOWED SIGNAGE* 13 AVERAGE OF ALLOWED SIGNAGE 14 SIGNAGE FACING INTERIOR OF SITE TOP ---- - , TOP 4 -P L L � �� TAP ISfi ` 80T O�TRm. d� GENERAL NOTES: SEE LANDSCAPE DRAWINGS FOR PLANTINGS, SEE ARCHITECTURAL LIGHTING DRAWINGS FOR SITE AND BUILDING LIGHTING. * —PER THE CUPERTINO SIGNAGE CODE, SF OF SIGN IS NOT TO EXCEED THE LINEAR FT OF FRONTAGE OR 29O Sf. WHICH EVER IS MORE RESTRICTIVE. —PER THE CUPERT #NO SIGNAGE CODE, SECONDARY SIGNS ARE NOT TO EXCEED 70% OF SECONDARY FRONTAGE —MIN. SIGNAGE SF = 20 Sr A e- - � TOP A Lu L f L ya V m ® 8 L y z GI z U) t; I- 12 U N PILOP05ED FLEVATIONS .r T SOUTH S GLE A5 NOiFb oaAwN ar: An JOB N6. ll.9MI 5 "T SfTE NOR 2 1 lk -P-cr) ' -I �� w GROUP IF 8,133 +1 sq.fr- STEVENS CREEK BLVD I REVIS�� N VN: R P". 9r. UA z LU LU 0 it LLL 0 IA � z in t7, 0 a) PROPOSED ELEVATIONS DA VVM BY, Ah Joe NO- SET A4.3 110,111111 DATE wafnsvu A VIEW 2 F? E w LU z w SQ. u fn 0 6 LLA 0 z cl Q SCAM as NJTID WAYM JOB NO: PLAN LEGEND PLAN ABBREVIATIONS � R �® Pd9 I IX fSTING CURB TO REMAIN :... . .. .......... - :.::_.: - z F 4 NEW VERTICAL CURB ® O w NFWCURR &GUTTER ^ i e GRADE RRRAK /HIGH POINT qq�� CATCH BASINIJUNCTION BOX ® PRELIMINARY FINISH GRADE ELEVATION —6150 f EXISTING GRADE ELEVATION ........_. 41 SO GRADING PLAN DIRECTION OF FLOW I 7 AS SHOYYN d _ BY- JN ;� PIAJON JOB Nay Al J069 sHeEr a 26 40 6O C_'Q e -. 299 0. 7 r —zorc -� € SCALC AS SHOWN DAAVON BY; JN JOB NO Al 1 061 BbEEET 0 20 90 60 C62 Scale 1 — 20 ft PROJECT INFORMATION PROPOSE CONDITION g5') 85,810 a /b) LOT SIZE /AREA OF LAND DISTURBANCE c) EXISTING IMPERVIOUS .. IT d) EXISTING IMPERVIOUS (REPLACED) 4 0) NEW IMPERVIOUS AREA (ADDED) 61530 f) TOTAL NEW & REPLACED IMPERVIOUS AREA 77,100 g) FXE5TING IMPERVIOUS AREA (REMOVED) 4,790 h) TOTAL IMPERVIOUS 5UNFACL 77,100 -) PERCENT OF IMPERYIOUS SURFACE AREA MODIFIED 100% BOTTOM WIDTH (ET) TREATMENT TOP WIDTTI (FT) - Al 0.5 FT DEPTH ds [1 i SWALE #1 CHANNEL SECROHAL AREA (S.T.) 11 AREA #k7 6.09 PROJECT INFORMATION PROPOSE CONDITION g5') 85,810 a /b) LOT SIZE /AREA OF LAND DISTURBANCE c) EXISTING IMPERVIOUS 75,360 d) EXISTING IMPERVIOUS (REPLACED) 74,570 0) NEW IMPERVIOUS AREA (ADDED) 61530 f) TOTAL NEW & REPLACED IMPERVIOUS AREA 77,100 g) FXE5TING IMPERVIOUS AREA (REMOVED) 4,790 h) TOTAL IMPERVIOUS 5UNFACL 77,100 -) PERCENT OF IMPERYIOUS SURFACE AREA MODIFIED 100% AREA-7 TREATMENT MEASURE _ VEGET ATED SWALE "B" SIZING CALCULATIONS WATER QUALITY EVENT RUNOFF VNIT VALVE DESCHIPIR A C O,od ENT COMPESD RUNOFF COEFFI (E) n 0,20 (TENSITY (IN Ckf� /HWR) A 1.97 AREA (ACRES) WATER QUALITY EVENT IT = 0.35 CFS CHANNEL. DESIGN UNIT VALUL DESCRIPTION s D.01 BDTTDM SLOPE (ET /FTJ n 025 MAHNINGS COEFFICIENT 9,150 3:1 SIDE 5LOPES d 0.33 OEPTR OF FLOW (Ff) w 4AU BOTTOM WIDTH (ET) 7.00 - f TOP WIDTTI (FT) - Al 0.5 FT DEPTH ds RR CHANNEL SECROHAL AREA (S.T.) Pa 6.09 WETTED PERILETER (ET) 0.27 HYDNAUMC RADHEIR PROJECT INFORMAMN CONNI E �SF) a /b) LOT SIZE /AREA OF LAND DISTURBANCE $9,640 c) EXISTING IMPERVIOUS 28,310 d) EXISTING IMPERVIOUS (REPLACED) 22,220 0) NEW IMPERVIOUS AREA (ADDED) 9,150 f) TOTAL NEW & REPLACED IMPERVIOUS AREA 31,360 9) EXISTING IMPERYIOUS AREA (REMOVED) u, 100 1) TOTAL IMPERVIOUS SURFACE 31,360 i) PERCENT OF iMPLRVIUU5 SURFACE AREA MODIFIED 100% 7A0' OVERALL WIDTH PRUC CLEAV -OUT A7 R EAD OF SWALE . �42D 80Ti0M W13TF - - - ;i. ... OF 4 S 5 3 /1 [-HE) DRAM MEi( WRAPPED, IN MIRAD Id ON e PERFORATED 51400TH PVC PIPE- r TIM 1. SEE OR 1- P1AN MR AMGNMCNT AND, SWAT£ FLOVRIHE ELTYATIOHS. 2. :EE LAN05CAPL PLANS TOR PLAHIIHG REQUE"O CHTS. 1. THE PERFORTEO VHQENIIRAIN TRENCH SIM[L UL DALII H-E W H S /A" DIANN RCK O WRH A 2 -RICH OFD UNDERNEATH AND 6- INCHES COVER. 4. ME M THE SWATS DDTTOM SHAM. III A NO--- PEF'OLATIOH RATE OF 5 IHCHES/ HOUR APD A NAAINUN PERCUTAHUN RATE of 10 fHCHES/HOVNI IN -SITU TEMHD SMALL HE OOxDUCTER TO V[ffl Y THAT IRE MATERIAL HE£TS ]HE PERCOLATION REQUIREMEHIS N , MANING5 EQUATION 5. IF HATEE SOLR DO HOT SUPPORT TIT, AOOYL MENTIONED PERCCIARM RATES, THEN ENGIHCERED SOIL SHALL VL 01MIALUD. II MULL RC COHPDSED OF THE TOILOMNG: SOX CO:ASTRUCTOH SANS, 20-30% TWSO1 WITH LESS THAN S LLAIXUIDN CLAY GONTENI AHD, 2D, -30X .EAE UNN VALUE pfSCRIPTION CDHPOSI. 5WL5HALL BE FREE OF STONES, STUMPS, ROOTS OR SINILA.R URJECTS OF ANY NOXIOUS NEEDS. HD DARE -ET SHf DE PLACED IN THE Y-AEE0 SWALE. Q D.41 CALC ELATED 0 (CFS) Q 0.33 RLQMIREO R (trs) CONSTRUCTION DETAIL 115 SWALE LENGTH (FT) NGTTOSCAI.E V 3.25 VELOCITY (FT /SEC) - d 7.7 RESIDENCY TIME (MINU7Es) DID -SWALE FORMULAS COMPOSITE C- FACTOR SECTIONAL AREA (} dN C- FACTOR AREA (AC) IMPERVIOUS 0.99 I -77 PERVIOUS 0.30 0.20 WEIGHTED C- FACTOR 4 e4 xd + 1 WETTED PERIMETER (P.) CSIN (AT-{1 /Y)) HTORAULIC NATNU5 (T) A, / P. VELOCITY (Y) (I.bO6Jn) x P'" Ns R[SEDCHCY TIME (RI) L/V /BO STEVENS GREED BOULEVARD AREA -2 TREATMENT MEASURE VEGETATED SWALE "B" SIZING CALCULATIONS WATER QUALITY EVENT RUNOFF UNIT VALUE DESCRIPTION c a 77 RUNOFF COEFFiCIETIT {COMPOSITE) 1.20 INTENSIFY (INCHES /HOUR) A 0.91 AREA (ACRES) WATITt DUALITY EVENT 0 = 0.17 CFS CHANNEL DESIGN UNIT VALUE DESCRIPTION 0.01 BOTTOM SLOPE (FT /TT) n D.25 NATJMNGS Cormor4T 3:1 SIDE SLOPES d 1 -33 DEPYH OF FLOW {FT) w 2.00 BOTTOM WHIM (FT) 5.00 TOP WIDTH (FT) - AT H,4 FT DEPTH AT BAR CHAHNEL SECTIONAL AREA (EX.) Pw 4.09 WETTED PERIMETER (FT) 0.24 HTHNAMVC RADIUS OVERALL WIDTH PRONRE CLEAR -0VI AT /�UPPC ENO OF BOTTOM 4- WIbT F PERFORATED SM W PVC PIF WIENEN 1- ST{ ORADIIM FLAIL FOR ALIOHNE t MD x1YAlG O-N-P E £LE -OH5, 2. sEE LANDSCAPE PLANS FOR PIAHTNG REVUIRENOR4S. 3. THE PERFORATED U. FNDRAIN IF-H SHALL RE -- vOOI d' DNAIN ROC F. WITH n T -INCH RED, UNDERNEATH AHD 6- INCHES LTTYCR. 4. SOIL AT 711C SWALE EOTTULI SHALL NAVE A MORMON PERCOLATION RAZE OF 5 FREH1E5/ FOUR AT.v A NS%I1lUM PEHCOLAHON RATE of 10 fNCNES ILIXI . / R IN TESIIHG E OR H S E L£ VEN TCO TO VERIFVERIFY TEAT THE NATN L MEETS THE P ARON REVOIREHE IT MANNING'S EQUATION 5. IF t"T"' 50.'l5 HO HOT SUPPORT W THE ANDY£ VE RENT CLYAT PERO ES N HAT. THEN ENCINC SAL SHIL SHALL RE O NT A, T SHALL BE cO OF i FOLLOWIR sox O . STTIGN R SANG, D. O U W1TH IRAN N YX 'I LfY CLAY CONTENT EM AND 2D, -3DZ LEAF MARDI UNIT VALVE OESCRIPTIG HFOST. 500. 5NAI BC ERE T C OF THE STUMPS, IA, S A1 OR OR SI SIMILIN IVA ORJ£CIS OR A HNMI- NMI- V'COG. s. NO RARR NUTLET CH HE PGACCO IN ES IN THE VEOETAi EO S1YAlE. a -4 REPUTED Q ( (r. CONSTRUCTION DETAIL 4 0.14 RERUlREO R (CFS) I03 SWALE LENGTH (FE) NOTTO V 0.23 VELOCRY (FT /SEC) BID, -SWALE FORMULAS d 7.2 RESIDENCY TPE (MINUTES) COMP OSFTE C- FACTOR SECTIONAL AREA (A,) CI AREA (AC) IMPERVIOUS 0.90 0.72 PERVIOUS 0.30 C.19 WEIGHTED C- FACTOR 0.77 zd + drr WETTED PERIMETER (R.) [SIN ATAH11 /z)) ] HYCRAUIIC PAUIMs (r) A_ / P. VELOCITY (V) ((.400 /n) x 0 R"s RESIDENCY TH{E (RI) E /V /60 I .. on _. LHtaoTM� - 0 40 so 120 5-3e 410 It REVISION: PONLH,s4N z �hd c IT ce X L) Cie 83,➢ "' a "' o LLJ e EF e VV ® Y Alu r W U ca lz 717 ® W Et Ahc u Q ®_ V) ® C> L Lu P Lrl ` Al. ® N LIT STE)RMWATER F2EATMENT P LAA E SCALE AS SHOWN DRAWN BY J14 JoE Noe ATTOST g SHEET [per i?; xd + 1 WETTED PERIMETER (P.) CSIN (AT-{1 /Y)) HTORAULIC NATNU5 (T) A, / P. VELOCITY (Y) (I.bO6Jn) x P'" Ns R[SEDCHCY TIME (RI) L/V /BO STEVENS GREED BOULEVARD AREA -2 TREATMENT MEASURE VEGETATED SWALE "B" SIZING CALCULATIONS WATER QUALITY EVENT RUNOFF UNIT VALUE DESCRIPTION c a 77 RUNOFF COEFFiCIETIT {COMPOSITE) 1.20 INTENSIFY (INCHES /HOUR) A 0.91 AREA (ACRES) WATITt DUALITY EVENT 0 = 0.17 CFS CHANNEL DESIGN UNIT VALUE DESCRIPTION 0.01 BOTTOM SLOPE (FT /TT) n D.25 NATJMNGS Cormor4T 3:1 SIDE SLOPES d 1 -33 DEPYH OF FLOW {FT) w 2.00 BOTTOM WHIM (FT) 5.00 TOP WIDTH (FT) - AT H,4 FT DEPTH AT BAR CHAHNEL SECTIONAL AREA (EX.) Pw 4.09 WETTED PERIMETER (FT) 0.24 HTHNAMVC RADIUS OVERALL WIDTH PRONRE CLEAR -0VI AT /�UPPC ENO OF BOTTOM 4- WIbT F PERFORATED SM W PVC PIF WIENEN 1- ST{ ORADIIM FLAIL FOR ALIOHNE t MD x1YAlG O-N-P E £LE -OH5, 2. sEE LANDSCAPE PLANS FOR PIAHTNG REVUIRENOR4S. 3. THE PERFORATED U. FNDRAIN IF-H SHALL RE -- vOOI d' DNAIN ROC F. WITH n T -INCH RED, UNDERNEATH AHD 6- INCHES LTTYCR. 4. SOIL AT 711C SWALE EOTTULI SHALL NAVE A MORMON PERCOLATION RAZE OF 5 FREH1E5/ FOUR AT.v A NS%I1lUM PEHCOLAHON RATE of 10 fNCNES ILIXI . / R IN TESIIHG E OR H S E L£ VEN TCO TO VERIFVERIFY TEAT THE NATN L MEETS THE P ARON REVOIREHE IT MANNING'S EQUATION 5. IF t"T"' 50.'l5 HO HOT SUPPORT W THE ANDY£ VE RENT CLYAT PERO ES N HAT. THEN ENCINC SAL SHIL SHALL RE O NT A, T SHALL BE cO OF i FOLLOWIR sox O . STTIGN R SANG, D. O U W1TH IRAN N YX 'I LfY CLAY CONTENT EM AND 2D, -3DZ LEAF MARDI UNIT VALVE OESCRIPTIG HFOST. 500. 5NAI BC ERE T C OF THE STUMPS, IA, S A1 OR OR SI SIMILIN IVA ORJ£CIS OR A HNMI- NMI- V'COG. s. NO RARR NUTLET CH HE PGACCO IN ES IN THE VEOETAi EO S1YAlE. a -4 REPUTED Q ( (r. CONSTRUCTION DETAIL 4 0.14 RERUlREO R (CFS) I03 SWALE LENGTH (FE) NOTTO V 0.23 VELOCRY (FT /SEC) BID, -SWALE FORMULAS d 7.2 RESIDENCY TPE (MINUTES) COMP OSFTE C- FACTOR SECTIONAL AREA (A,) CI AREA (AC) IMPERVIOUS 0.90 0.72 PERVIOUS 0.30 C.19 WEIGHTED C- FACTOR 0.77 zd + drr WETTED PERIMETER (R.) [SIN ATAH11 /z)) ] HYCRAUIIC PAUIMs (r) A_ / P. VELOCITY (V) ((.400 /n) x 0 R"s RESIDENCY TH{E (RI) E /V /60 I .. on _. LHtaoTM� - 0 40 so 120 5-3e 410 It REVISION: PONLH,s4N z �hd c IT ce X L) Cie 83,➢ "' a "' o LLJ e EF e VV ® Y Alu r W U ca lz 717 ® W Et Ahc u Q ®_ V) ® C> L Lu P Lrl ` Al. ® N LIT STE)RMWATER F2EATMENT P LAA E SCALE AS SHOWN DRAWN BY J14 JoE Noe ATTOST g SHEET [per i?; STEVENS GREED BOULEVARD AREA -2 TREATMENT MEASURE VEGETATED SWALE "B" SIZING CALCULATIONS WATER QUALITY EVENT RUNOFF UNIT VALUE DESCRIPTION c a 77 RUNOFF COEFFiCIETIT {COMPOSITE) 1.20 INTENSIFY (INCHES /HOUR) A 0.91 AREA (ACRES) WATITt DUALITY EVENT 0 = 0.17 CFS CHANNEL DESIGN UNIT VALUE DESCRIPTION 0.01 BOTTOM SLOPE (FT /TT) n D.25 NATJMNGS Cormor4T 3:1 SIDE SLOPES d 1 -33 DEPYH OF FLOW {FT) w 2.00 BOTTOM WHIM (FT) 5.00 TOP WIDTH (FT) - AT H,4 FT DEPTH AT BAR CHAHNEL SECTIONAL AREA (EX.) Pw 4.09 WETTED PERIMETER (FT) 0.24 HTHNAMVC RADIUS OVERALL WIDTH PRONRE CLEAR -0VI AT /�UPPC ENO OF BOTTOM 4- WIbT F PERFORATED SM W PVC PIF WIENEN 1- ST{ ORADIIM FLAIL FOR ALIOHNE t MD x1YAlG O-N-P E £LE -OH5, 2. sEE LANDSCAPE PLANS FOR PIAHTNG REVUIRENOR4S. 3. THE PERFORATED U. FNDRAIN IF-H SHALL RE -- vOOI d' DNAIN ROC F. WITH n T -INCH RED, UNDERNEATH AHD 6- INCHES LTTYCR. 4. SOIL AT 711C SWALE EOTTULI SHALL NAVE A MORMON PERCOLATION RAZE OF 5 FREH1E5/ FOUR AT.v A NS%I1lUM PEHCOLAHON RATE of 10 fNCNES ILIXI . / R IN TESIIHG E OR H S E L£ VEN TCO TO VERIFVERIFY TEAT THE NATN L MEETS THE P ARON REVOIREHE IT MANNING'S EQUATION 5. IF t"T"' 50.'l5 HO HOT SUPPORT W THE ANDY£ VE RENT CLYAT PERO ES N HAT. THEN ENCINC SAL SHIL SHALL RE O NT A, T SHALL BE cO OF i FOLLOWIR sox O . STTIGN R SANG, D. O U W1TH IRAN N YX 'I LfY CLAY CONTENT EM AND 2D, -3DZ LEAF MARDI UNIT VALVE OESCRIPTIG HFOST. 500. 5NAI BC ERE T C OF THE STUMPS, IA, S A1 OR OR SI SIMILIN IVA ORJ£CIS OR A HNMI- NMI- V'COG. s. NO RARR NUTLET CH HE PGACCO IN ES IN THE VEOETAi EO S1YAlE. a -4 REPUTED Q ( (r. CONSTRUCTION DETAIL 4 0.14 RERUlREO R (CFS) I03 SWALE LENGTH (FE) NOTTO V 0.23 VELOCRY (FT /SEC) BID, -SWALE FORMULAS d 7.2 RESIDENCY TPE (MINUTES) COMP OSFTE C- FACTOR SECTIONAL AREA (A,) CI AREA (AC) IMPERVIOUS 0.90 0.72 PERVIOUS 0.30 C.19 WEIGHTED C- FACTOR 0.77 zd + drr WETTED PERIMETER (R.) [SIN ATAH11 /z)) ] HYCRAUIIC PAUIMs (r) A_ / P. VELOCITY (V) ((.400 /n) x 0 R"s RESIDENCY TH{E (RI) E /V /60 I .. on _. LHtaoTM� - 0 40 so 120 5-3e 410 It REVISION: PONLH,s4N z �hd c IT ce X L) Cie 83,➢ "' a "' o LLJ e EF e VV ® Y Alu r W U ca lz 717 ® W Et Ahc u Q ®_ V) ® C> L Lu P Lrl ` Al. ® N LIT STE)RMWATER F2EATMENT P LAA E SCALE AS SHOWN DRAWN BY J14 JoE Noe ATTOST g SHEET [per i?; CHANNEL DESIGN UNIT VALUE DESCRIPTION 0.01 BOTTOM SLOPE (FT /TT) n D.25 NATJMNGS Cormor4T 3:1 SIDE SLOPES d 1 -33 DEPYH OF FLOW {FT) w 2.00 BOTTOM WHIM (FT) 5.00 TOP WIDTH (FT) - AT H,4 FT DEPTH AT BAR CHAHNEL SECTIONAL AREA (EX.) Pw 4.09 WETTED PERIMETER (FT) 0.24 HTHNAMVC RADIUS OVERALL WIDTH PRONRE CLEAR -0VI AT /�UPPC ENO OF BOTTOM 4- WIbT F PERFORATED SM W PVC PIF WIENEN 1- ST{ ORADIIM FLAIL FOR ALIOHNE t MD x1YAlG O-N-P E £LE -OH5, 2. sEE LANDSCAPE PLANS FOR PIAHTNG REVUIRENOR4S. 3. THE PERFORATED U. FNDRAIN IF-H SHALL RE -- vOOI d' DNAIN ROC F. WITH n T -INCH RED, UNDERNEATH AHD 6- INCHES LTTYCR. 4. SOIL AT 711C SWALE EOTTULI SHALL NAVE A MORMON PERCOLATION RAZE OF 5 FREH1E5/ FOUR AT.v A NS%I1lUM PEHCOLAHON RATE of 10 fNCNES ILIXI . / R IN TESIIHG E OR H S E L£ VEN TCO TO VERIFVERIFY TEAT THE NATN L MEETS THE P ARON REVOIREHE IT MANNING'S EQUATION 5. IF t"T"' 50.'l5 HO HOT SUPPORT W THE ANDY£ VE RENT CLYAT PERO ES N HAT. THEN ENCINC SAL SHIL SHALL RE O NT A, T SHALL BE cO OF i FOLLOWIR sox O . STTIGN R SANG, D. O U W1TH IRAN N YX 'I LfY CLAY CONTENT EM AND 2D, -3DZ LEAF MARDI UNIT VALVE OESCRIPTIG HFOST. 500. 5NAI BC ERE T C OF THE STUMPS, IA, S A1 OR OR SI SIMILIN IVA ORJ£CIS OR A HNMI- NMI- V'COG. s. NO RARR NUTLET CH HE PGACCO IN ES IN THE VEOETAi EO S1YAlE. a -4 REPUTED Q ( (r. CONSTRUCTION DETAIL 4 0.14 RERUlREO R (CFS) I03 SWALE LENGTH (FE) NOTTO V 0.23 VELOCRY (FT /SEC) BID, -SWALE FORMULAS d 7.2 RESIDENCY TPE (MINUTES) COMP OSFTE C- FACTOR SECTIONAL AREA (A,) CI AREA (AC) IMPERVIOUS 0.90 0.72 PERVIOUS 0.30 C.19 WEIGHTED C- FACTOR 0.77 zd + drr WETTED PERIMETER (R.) [SIN ATAH11 /z)) ] HYCRAUIIC PAUIMs (r) A_ / P. VELOCITY (V) ((.400 /n) x 0 R"s RESIDENCY TH{E (RI) E /V /60 I .. on _. LHtaoTM� - 0 40 so 120 5-3e 410 It REVISION: PONLH,s4N z �hd c IT ce X L) Cie 83,➢ "' a "' o LLJ e EF e VV ® Y Alu r W U ca lz 717 ® W Et Ahc u Q ®_ V) ® C> L Lu P Lrl ` Al. ® N LIT STE)RMWATER F2EATMENT P LAA E SCALE AS SHOWN DRAWN BY J14 JoE Noe ATTOST g SHEET [per i?; OVERALL WIDTH PRONRE CLEAR -0VI AT /�UPPC ENO OF BOTTOM 4- WIbT F PERFORATED SM W PVC PIF WIENEN 1- ST{ ORADIIM FLAIL FOR ALIOHNE t MD x1YAlG O-N-P E £LE -OH5, 2. sEE LANDSCAPE PLANS FOR PIAHTNG REVUIRENOR4S. 3. THE PERFORATED U. FNDRAIN IF-H SHALL RE -- vOOI d' DNAIN ROC F. WITH n T -INCH RED, UNDERNEATH AHD 6- INCHES LTTYCR. 4. SOIL AT 711C SWALE EOTTULI SHALL NAVE A MORMON PERCOLATION RAZE OF 5 FREH1E5/ FOUR AT.v A NS%I1lUM PEHCOLAHON RATE of 10 fNCNES ILIXI . / R IN TESIIHG E OR H S E L£ VEN TCO TO VERIFVERIFY TEAT THE NATN L MEETS THE P ARON REVOIREHE IT MANNING'S EQUATION 5. IF t"T"' 50.'l5 HO HOT SUPPORT W THE ANDY£ VE RENT CLYAT PERO ES N HAT. THEN ENCINC SAL SHIL SHALL RE O NT A, T SHALL BE cO OF i FOLLOWIR sox O . STTIGN R SANG, D. O U W1TH IRAN N YX 'I LfY CLAY CONTENT EM AND 2D, -3DZ LEAF MARDI UNIT VALVE OESCRIPTIG HFOST. 500. 5NAI BC ERE T C OF THE STUMPS, IA, S A1 OR OR SI SIMILIN IVA ORJ£CIS OR A HNMI- NMI- V'COG. s. NO RARR NUTLET CH HE PGACCO IN ES IN THE VEOETAi EO S1YAlE. a -4 REPUTED Q ( (r. CONSTRUCTION DETAIL 4 0.14 RERUlREO R (CFS) I03 SWALE LENGTH (FE) NOTTO V 0.23 VELOCRY (FT /SEC) BID, -SWALE FORMULAS d 7.2 RESIDENCY TPE (MINUTES) COMP OSFTE C- FACTOR SECTIONAL AREA (A,) CI AREA (AC) IMPERVIOUS 0.90 0.72 PERVIOUS 0.30 C.19 WEIGHTED C- FACTOR 0.77 zd + drr WETTED PERIMETER (R.) [SIN ATAH11 /z)) ] HYCRAUIIC PAUIMs (r) A_ / P. VELOCITY (V) ((.400 /n) x 0 R"s RESIDENCY TH{E (RI) E /V /60 I .. on _. LHtaoTM� - 0 40 so 120 5-3e 410 It REVISION: PONLH,s4N z �hd c IT ce X L) Cie 83,➢ "' a "' o LLJ e EF e VV ® Y Alu r W U ca lz 717 ® W Et Ahc u Q ®_ V) ® C> L Lu P Lrl ` Al. ® N LIT STE)RMWATER F2EATMENT P LAA E SCALE AS SHOWN DRAWN BY J14 JoE Noe ATTOST g SHEET [per i?; CI AREA (AC) IMPERVIOUS 0.90 0.72 PERVIOUS 0.30 C.19 WEIGHTED C- FACTOR 0.77 zd + drr WETTED PERIMETER (R.) [SIN ATAH11 /z)) ] HYCRAUIIC PAUIMs (r) A_ / P. VELOCITY (V) ((.400 /n) x 0 R"s RESIDENCY TH{E (RI) E /V /60 I .. on _. LHtaoTM� - 0 40 so 120 5-3e 410 It REVISION: PONLH,s4N z �hd c IT ce X L) Cie 83,➢ "' a "' o LLJ e EF e VV ® Y Alu r W U ca lz 717 ® W Et Ahc u Q ®_ V) ® C> L Lu P Lrl ` Al. ® N LIT STE)RMWATER F2EATMENT P LAA E SCALE AS SHOWN DRAWN BY J14 JoE Noe ATTOST g SHEET [per i?; zd + drr WETTED PERIMETER (R.) [SIN ATAH11 /z)) ] HYCRAUIIC PAUIMs (r) A_ / P. VELOCITY (V) ((.400 /n) x 0 R"s RESIDENCY TH{E (RI) E /V /60 I .. on _. LHtaoTM� - 0 40 so 120 5-3e 410 It REVISION: PONLH,s4N z �hd c IT ce X L) Cie 83,➢ "' a "' o LLJ e EF e VV ® Y Alu r W U ca lz 717 ® W Et Ahc u Q ®_ V) ® C> L Lu P Lrl ` Al. ® N LIT STE)RMWATER F2EATMENT P LAA E SCALE AS SHOWN DRAWN BY J14 JoE Noe ATTOST g SHEET [per i?; I .. on _. LHtaoTM� - 0 40 so 120 5-3e 410 It REVISION: PONLH,s4N z �hd c IT ce X L) Cie 83,➢ "' a "' o LLJ e EF e VV ® Y Alu r W U ca lz 717 ® W Et Ahc u Q ®_ V) ® C> L Lu P Lrl ` Al. ® N LIT STE)RMWATER F2EATMENT P LAA E SCALE AS SHOWN DRAWN BY J14 JoE Noe ATTOST g SHEET [per i?; REVISION: PONLH,s4N z �hd c IT ce X L) Cie 83,➢ "' a "' o LLJ e EF e VV ® Y Alu r W U ca lz 717 ® W Et Ahc u Q ®_ V) ® C> L Lu P Lrl ` Al. ® N LIT STE)RMWATER F2EATMENT P LAA E SCALE AS SHOWN DRAWN BY J14 JoE Noe ATTOST g SHEET [per i?; I CONTEXT PLAN TREE REMOVAL PLAN TOTAL LANDSCAPE AREA 16,598 SF TURF AREA OSF NON -TURF PLANT AAFA I [6.598 SF 77 \ 5 7� tr- 0 7�- A 717 STEVVENS CREEK BLVLr FAq SCALE: 1164"c1'-Q' 1�5 PROPOSIED TREES TO BE REMOVED 56 - PURPLE LEAF PLUM (#I,#62-79,#81-87,#89-#9-i,#97-JO4 109, # 1 13-120, # 1 22, # 1 24-126,# 1 34 -135,# 1 54) CHERRY PLUM (#80) 4 SHAMEL ASH (#88,#95-96,#121) I RAYWOOD ASH ( #123) 6 SYVEETGUM (#110- 1 12, # 127-129) - 0 2 FLOWERING PEAR ( #106, #1 52) 4 EVERGREEN PEAR (##105, #107 -108, ft 1 48) I HAWTHORNE (# 136) 2 BRISBANE aOX(#149-150) PALM TREE ( #15 1) CREPE M RYTLE 153) 73 TREES UNDER 12" DIAMETER TO BE REMOVED 73 -24" 13OX REPLACEMENTS REQUIRED (1:1 RATIO) W , 6 TREES OVER 2" DIAME TER TO BE REMOVED 12 -24" BOX REPLACEMENTS REQUIRED (2. RATIO) 90 -24" BOX REPLACEMENTS PROPOSED SEE ARBORIST REPORT BY DAVID BABBY, DATED 7-22-11 FOR MORE INFORMATION SCALE 1164° -1'4r if Z-- uj W � rn g, 0 (0 z CA F- It U r CJ LANDSCAPE PLAN WALE: AS NOTED DRAWN M. Jog HO: -Lll) I uffff - L i .^v .., ll.0 I &.- IF &..H m %.j I IV a— " 0 1 %- " " 4. LANDSCAPE PLAN FOR BUILDING PAD "E" LEGEND CONCRETE PAVER SIDEWALK NEW GROUNDCOVER 16-PC 0-RPA 'OUNTAIN- EE ARCH )RAWINGS EAT WALL; EE ARCH RAWINGS E:m -RFA CC PC ! -RFP PLANT LIST SYM BOTANICAL NAME COMMON NAME SIZE QU PA NEW LOW WATFR Landau Plana Tree LINDERSTORY PLANTING 6 PC Py— lnyana'Chant9 i-e EXISTING TREE TO REMAIN 24" @ox 29 LI NEW TREE G BENCH AND TRASH RECEPTACLE 16-PC 0-RPA 'OUNTAIN- EE ARCH )RAWINGS EAT WALL; EE ARCH RAWINGS E:m -RFA CC PC ! -RFP PLANT LIST SYM BOTANICAL NAME COMMON NAME SIZE QU PA Platanus x axrfttL Landau Plana Tree 24"R.. 6 PC Py— lnyana'Chant9 i-e FI.Wed.9 Pear Tree 24" @ox 29 LI Lagaratre lx Tura' Crepe Myrtle 15 Gal 9 AM Arbms'Marina' Strawberry Tree 24" Box 7 CO Cards occldentafis Red Bud 24" Box 9 CC Clytnsc"ma -111s egiodes V.olet Trumpet Vino 15 Gal 8 EG Euosrymnous'Gr9onapires Box Leaf Euonymcae 5 Gal 61 RFP Rosa'Fluwrr Carpet PrnW Glaund —v Rase 2Gal 260 RFA Rosa'Flowar Carpus Appleblos_ Ground -- Rase 2 Gal 183 RC Rh—ws RfornicaSea"IeW D,—H CoReabarrp IGal 31 MR Muhle"bergla rrgene D ®er Grass 1 Gal 130 KO Roemarinusc icinalis'Tuaean Blue' Upright R—..." I GaI I I I GH Go Ia hybdd'Daybroak Pink' C nla 4 Pm 2UU TOTAL NEW 24" BOX TREES: 51 PLANT IMAGES- PARKING LOT rL- i"!1'Y 1 rsy LC 1 1 C REVISION: DATE: n, onenzroN Qj mmrmii e!,. r---"a M - � • - 5 s s� Y LU ci � m ® z 1A � Z U) t Lu U LANDSCAPE PLAN SGSR ASNMFA DRAwN e9: JoB NO: Al930.1 RaEET La t —IN 1) PAYER -,- TREE GRATE SIDEWALK; SEE SHEETL4.0 SCALE: IA 6 "= PLANT IMAGES- BIOSWALE 6- RFP._. 72 -Ro II -RFP - —r 1 ti II -PC / 250 -GH / CONCRETE PAYER SIDEWALK- SEE SHEET L4A I LAN ®SGAPE PLAN FOR 13EJIL ®ING PAQ °'F" a sad A. �R � 1 AI E' � b i I } r —r 1 ti II -PC / 250 -GH / CONCRETE PAYER SIDEWALK- SEE SHEET L4A I LAN ®SGAPE PLAN FOR 13EJIL ®ING PAQ °'F" !KMIICIN fDATE LEGEND PLANT LIST- PARKING LOT CONCRETE PAVER VDEY✓ALK SYM BOTANICAL NAME COMMON NAME SIZE Qu NEWGROUNDCOVER QA Quercus agrifolia Cast Lire Oak 24'B— 3 PA Platanus x ace M lu Laadon Plane Tree 24'B.. 2 NEW LOW WATER PC Py— eaheryana `Chanticlaer Flowering Pear Tree W Box 22 f q UNDERSTORY PLANTING U Lagemtroemia'Tuswrora' Crepe Myrtle 24'11.. 12 R t IDCISTiNG TREE TO REMAIN AM Arhuws `Marina' Strawberry Tree 24" Box 1 RF Raaa'Flower Carper Pink' G do r Rase 2 Gal 161 NEw•TREE MR Muhlenbargiarigens Deer Gtas4 I Gal I I L am ' ✓ / RO Rosrmrinua ofidn 11. Tuscan Blue Upright Ra rrmuy I Gml 101 BENCH AND TRASH RECEPTACLE GH G-1a hybrid'Daybreak Pink G-1. 4" Pot 250 TOTAL NEW 24" BOX TREES: 39 PLANT IMAGES- PARKING LOT — o if r f r f ,•- ,�� {.' - r , ' � /�/ , _ '� a ° — f` f %.•` /,f %/ / I f J f'r f f f PLANT LIST- ISLANDS RESTAURANT (s21 SF LANDSCAPE AREA) 7 f x SYM BOTANfCALNAME COMMON NAME Sig Que SR Syagru s rom inwIf'nnum Queen Palm I s Gal 3 - -� ' -/ / Wit Washingronia robu:� /I Mexican ra »Palm Is Gal 6 - f _ f ' k F f - / �` t- ST Stre?ltsla "gitwn Bird of Paradise I5 Gat 3• r f • /" I - / / r PY Phormium Ye11ow Wave New Zeabnd Flax 5 Gal $2 AF i Aui thus flumidus dmrlm Ka n gomn ( dJ geroo Paw 5 Gal 37 t fl f ��,•/ f f ! _ i EH Equlsetum hyemale Horeemll i Gal 36 CP Cerotosugma plumabginatdes Dwwf Plumbago 4 Pot 149 VIM Vlnm Mltwr Dwarf PoriwinWe 4' Pot 144 Z ci 711 - F F F PLANT iMAGPS- ISLANDS RESTAURANT an 3 -QA [SION 3 1 BIKE RACK TRASH RECEPTACLE TO BE LANDSCAPE FOR.MS'SCARBOROUGH' VERT STRAP, TOP OPENING, POWDER COATED SILVER BENCHES TO B& LANDSCAPE FONIS 'Sc AR "O"OUGH' MORZSTR.A1,4. BACKED BENCH, WIQUT CENTER ARM, POWDER. COATED SILVER VvVVVY.LANDScApEFoFLmr,coi4 CONTAINERS To BE: ARCHITECTURAL POTTrRYLEGACY URN' MODEL 40 FGLEGURN 36 X 36". 'BURNT TERRA COTTA' FINISH W VV-ARC:HPOT,COM E RACKS TO BE 5 '_ BIKE WAVE RACK, GALVANIZED IN- G R OUND K OUND M - _ # :3 W 04 N-GROUNT. rrE]M CB342-12- .'CYC.r. OU : WWWCOMMERCLAL111CYCLERACKS-NET :6 PLAZA AREA NO SCALE POURED -IN -PLACE 2 -3l8" THICK CONCRETE PAVERS TO BE EL' A LMICCOBBLE� CONCRETE CURB PATTERN ADJACENT CONDITION �� I° BEDDING SRND VANES; SEE PLAN . . . . . . . - 1 THICK COMPACTED C[-m5llBASE OR PER GEOTECHNICAL 1 G'. RECOMMENDATIONS #4 REBAR - A GEOTEYTl LE AS REQUIRED WIDTH = 01.11MIDE COMPACTED SUBGRADE PER DIMENSION OF PAVER GWTECHNICAL RECOMMENDATIONS CONCRETE PAVERS TO BB SEE CNIL DRAWINGS FOR CONCRETE PAVERS CHARCOAL "; RUNNING BONG PATTER IN PARKING LOT 5 CONCRETE PAVER DETAIL (SIDEWALK ONL-Y) J i ........... . . ..... 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J.1 2 .......... . .. .................... ............ .... . ....... .......... . . ........... = ULAT -- BLDG IF PARKI � REVISION! vosrr uj w LU F- z LU u 0 LU 0 Z 0 C) LU ek L, C> C4 f u.jW5.bu-_ Ic.0 AL 2.2 T. fp 0 4, PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 6, 2011 Subi ect Arbor Day Proclamation 2011 and submission of application for Tree City USA Designation Recommended Action That the City Council: • Proclaim Saturday, October 22, 2011 as "Arbor Day" in the City of Cupertino; and • Authorizing the City to submit an application to the National Arbor Day Foundation for consideration of the City being designated a Tree City USA community Discussion Staff is requesting authorization to submit an application to the National Arbor Day Foundation for consideration of the City of Cupertino to be designated as a Tree City USA community. To qualify for Tree City USA, the City of Cupertino must meet four standards established by The Arbor Day Foundation and the National Association of State Foresters. These standards were established to ensure that every qualifying community would have a viable tree management plan and program. Currently, the City meets two of the four standards. A proclamation by the mayor declaring a specific date within the City as "Arbor Day" is required as are revisions to the existing tree ordinance. The four required standards are: 1) Observance of an annual Arbor Day; 2) Expenditures of $2.00 minimum, per capita, on tree- related programs; 3) A tree ordinance, and; 4) A tree department Future ordinance revisions that will be presented to Council for consideration will include the Tree City USA requirement to establish and implement a written annual community forestry work plan. This annual plan will include the adoption of arboricultural standards for tree care operations, establish near and long -term tree management programs and create City sponsored tree care education and outreach programs. Other ordinance updates, not required of Tree City USA, will include limiting street tree work to only authorized City personnel, establishment of a street tree planting fee schedule and revision of penalties that would incur to persons violating the ordinance. The existing street tree ordinance, chapter 14.12, was last revised in 1996. The idea for Arbor Day in the United States originated in Nebraska City, Nebraska. In 1872, the State Board of Agriculture accepted a resolution by J. Sterling Morton, "to set aside one day to plant trees, both forest and fruit ". All fifty states have passed legislation adopting Arbor Day, 313 which is celebrated on a date appropriate for tree planting in their region. In California, Arbor Day is typically observed in March or April. Observance of an October 22 t Arbor Day in Cupertino this year will be one time only; in future years the date will likely coincide with Earth Day. Earth Day this year was celebrated on April 9 To commemorate the day, a tree planting ceremony is scheduled at 12:00 p.m. at McClellan Ranch in conjunction with the 20 Annual Santa Clara County Audubon Society Wildlife Education Day. A designation of the City of Cupertino as a Tree City USA community will • Encourage better care of our urban forest • Touch the lives of people within the community who benefit daily from cleaner air, shadier streets, and aesthetic beauty that healthy, well - managed urban forests provide. • Increase public awareness of the many social, economical and environmental benefits urban forestry practices. • Provide education to improve current urban forestry practices. • Assist in building cooperation between public and private sectors to effectively manage urban forests. • Increase communications with other communities and resources. • Assist in gaining financial support for tree projects and contribute to safer and healthier urban forests. • Help present the kind of image that most citizens want to have for the place they live or conduct business. • Inform visitors, through signage, that here is a community that cares about its environment. • Provide a way to reach large numbers of people with information about tree care. • Contribute to our community pride. As such, staff is requesting that the City Council authorize the City to submit an application for certification to the National Arbor Day Foundation for consideration of the City being designated as a Tree City USA community. Communities who receive this designation must submit an application for re- certification on an annual basis. Fiscal Impact Selection as a Tree City USA community is based, in part, on the annual expenditure for tree - related programs and services within the City (i.e., tree crew manpower costs, tree purchases, equipment, etc.). These expenditures are included in the current operating budget. Additional expenditures will include installation of "Tree City USA" signage at major entrances to the City, planting of an annual Arbor Day tree and staff coordination time. No additional funding will be required. Prepared by: Roger Lee, Assistant Director of Public Works Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David W. Knapp, City Manager Attachments: Attachment A - Draft Proclamation Attachment B - Tree City USA application form 314 Attachment A PROCLAMATION WHEREAS, the City of Cupertino wishes to show its support for Arbor Day, an event that began in 1872, when J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, the Tree / Right of Division of the City's Department of Public Works and the Public Affairs Department, and other interested residents, have organized an annual Arbor Day celebration; and WHEREAS, this event is designed for the local community to participate in Arbor Day activities; and WHEREAS, Arbor Day will be celebrated on Saturday, October 22, 2011, at McClellan Ranch from 10:00 a.m. to 2:00 p.m. in conjunction with the 20 Annual Santa Clara County Audubon Society Wildlife Education Day; NOW, therefore, I, Mayor Gilbert Wong, and the Cupertino City Council do hereby acknowledge October 22, 2011 as and urge all residents, businesses and organizations to engage in activities that support efforts to protect our trees and to observe this day by planting trees and to participate in a tree planting ceremony. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Cupertino to be affixed the 6 th day of September, 2011. Gilbert Wong, Mayor, City of Cupertino 315 Attachment B TAE CITY USA Application Mail completed application with requested attachments to your state forester no later than December 31. The TREE CITY USA award is in recognition of work completed by the community during the calendar year. Please provide information for the year ending. (Some states require information in addition to the requested on this application. Check with your state foresters.) As (Title - Mayor or other city official) of the community of I herewith make application for this community to be officially recognized and designated as a Tree City USA for �, having achieved the standards set forth by The National Arbor Day Foundation as noted below. (year) Standard 1: A Tree Board or Department List date of establishment of board, board members, and meeting dates for the past year; or name of city department and manager. Standard 2: A Community Tree Ordinance Date ordinance established Attach ordinance. Standard 3: A Community Forestry Program with an Annual Budget of at Least $2 Per Capita Total community forestry expenditures ............................................... $ Community population ....................................... ............................... Attach annual work plan outlining the work carried out during the past year. Attach breakdown of community forestry expenditures. Standard 4: An Arbor Day Observance and Proclamation Date observance was held Attach program of activities and/or news coverage. Attach Arbor Day proclamation. Signature Please type or print the fallowing. Mayor or equivalent: Name: Title: Address: City, State, Zip: Phone #: Email: Title Date City Forestry Contact: Name: Title: Address: City, State, Zip: Phone #: Email: NOTE: Application will not be processed without attachments. Certification (To Be Completed By The State Forester) (Community) The above named community has made formal application to this office. I am pleased to advise you that we reviewed the application and have concluded that, based on the information contained herein, said community is eligible to be recognized and designated as a Tree City USA, for the calendar year, having in my opinion met the four standards of achievement in urban forestry. Signed State Forester Person in State Forester's Office who should receive recognition material: Name: UPS Address: Agency: City, State, Zip: PH #: Email: Date CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 6, 2011 Subi ect Ordinance to "Opt -In" to an Alternative Voluntary Alternative Redevelopment Program under ABx1 27, the Voluntary Redevelopment Program Act. Recommended Action Conduct the first reading of Ordinance 11- "An Ordinance of the City Council of the City of Cupertino enacted pursuant to Health and Safety Code section 34193 to elect and implement participation by the City of Cupertino and the City of Cupertino Redevelopment Agency in the Voluntary Alternative Redevelopment program pursuant to part 1.9 of the California Community Redevelopment Law" (Attachment A). lei qn i-, On June 28, 2011, Governor Jerry Brown signed into law two budget trailer bills that significantly affected redevelopment agencies across the state. ABx 126 immediately suspended the authority of redevelopment agencies to undertake new activities and required agencies to prepare for dissolution by October 1, 2011. ABxl 27 allows redevelopment agencies to survive if the local legislative body adopts an ordinance committing the jurisdiction to make certain payments in fiscal year 2011 -12 and fixture years for the benefit of local school districts and other local taxing authorities. ABx1 27 is entitled the "Voluntary Alternative Redevelopment Program" and is also referred to as the "Opt -In Law ". It essentially allows a local jurisdiction to continue a redevelopment agency if local authorities commit to provide annual contributions to local schools and special districts. This is the second time the City Council is reviewing the "Opt -In" ordinance. On August 2, 2011, the City Council approved a draft opt -in ordinance, and a second reading was scheduled for August 16, 2011. On July 18, 2011, the CRA, the League of California Cities and the Cities of San Jose and Union City filed a lawsuit with the California Supreme Court to challenge the validity and constitutionality of ABxl 26 and ABxl 27. On August 11, 2011, the California Supreme Court agreed to review the California Redevelopment Association and League of California Cities' petition challenging the constitutionality of AB xl 26 (the "Dissolution Act ") and AB xl 27 (the "Voluntary Redevelopment Program Act ", collectively, the "Redevelopment Restructuring Acts "). The Court's order, as modified on August 17, 2011, also stays specified portions of the Redevelopment Restructuring Acts. Due to the stay, staff recommended pulling the second reading of the "Opt -In" Ordinance until the court's order could be analyzed. At this time, staff is recommending adopting a revised "Opt -In" Ordinance, that is conditioned on the lifting of the stay and the Court's ruling that the Voluntary Redevelopment Program Act is constitutional. Attachment B has a redlined version of the Draft Opt -In Ordinance which demonstrates the differences between the August 2, 2011 and September 6, 2011 draft ordinances. The reason staff recommends moving forward at this time is that for communities opting to continue redevelopment under the alternative redevelopment program, any new non - housing debt not listed on redevelopment agency's October 1, 2011 Statement of Indebtedness ( "SOP') triggers additional remittance 317 payments under the legislative formulas in FY12 -13 and thereafter. The Court's stay does not affect the Agency's requirement to submit the SOI by October 1, 2011. To hopefully avoid additional payments under the remittance formulas in the legislation, staff is recommending that the City and Agency conditionally enter into Agency Transfer Payment Agreement before the end of September so it can be listed on the SOI. To enter into the Agency Transfer Payment Agreement, the City first must adopt an opt -in ordinance on a conditional basis. The conditions on both the Opt -In Ordinance and the Agency Transfer Payment Agreement are the same: the lifting of the stay and the Court's ruling that the Voluntary Redevelopment Program Act is constitutional. Therefore, staff is recommending first reading of Ordinance on September 6, 2011, and second reading of Ordinance on September 20, 2011_ After the second reading, the RDA and City will proceed with consideration of the Agency Transfer Payment Agreement at the same meeting. Fiscal Impacts Attachment C "Funds Available for Non - Housing Redevelopment Activities" demonstrates the fiscal impact of continuing the RDA with the opt -in payments. The voluntary payments are shown under the "Payments to Schools /Special Districts" line item. There are sufficient funds to meet the $635,000 in Vallco public improvement projects committed to in the future. Approximately $1,000,000 for the Housing Trust in the next four years can also be met out of the funds set -aside for housing purposes. Administrative expenses that can be restored to the RDA will be known after the October 1, 2011 filing of the annual Agency statement to the County. If the "Opt -In" ordinance is not approved and the RDA is dissolved, existing Vallco and Housing Trust commitments would still be met. However, Agency administrative costs and any new Agency- funded housing or public improvement projects would not be funded through the successor agency. Should the City fail to adopt the Agency Transfer Agreement the City could not be reimbursed by the Agency for its payments to the County, State and School District. This would have a significant impact upon the City's general fund as the payment would then become a general fund obligation. Next Steps If the Council chooses to adopt the attached opt -in ordinance, the first reading would occur on September 6, 2011 with the second reading occurring on September 20, 2011. After the second reading of the opt -in ordinance on September 20 the RDA and the City would need to approve a Transfer Payment Agreement. Prepared by Vera Gil, Senior Planner Reviewed bv : Aarti Shrivastava, Community Development Director David Woo, Finance Director Approved for Submission by. David W. Knapp, City Manager Attachments: A: Draft Opt -In Ordinance B: Redline of Draft Opt -In Ordinance C: Funds Available for Non- Housing Redevelopment Activities D: RDA Tax Usage under Opt -In or Opt -Out 318 Attachment A DRAFT ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ENACTED PURSUANT TO HEALTH AND SAFETY CODE SECTION 34193 TO ELECT AND IMPLEMENT PARTICIPATION BY THE CITY OF CUPERTINO AND THE CITY OF CUPERTINO REDEVELOPMENT AGENCY IN THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. RECITALS AND BACKGROUND INFORMATION a. Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et sec.; the "Redevelopment Law "), the City Council (the "City Council ") of the City of Cupertino (the "City ") adopted Ordinance No. 1421 declaring the need for the City of Cupertino Redevelopment Agency (the "Agency ") to function in the City. b. Also in accordance with the Redevelopment Law, the City Council adopted Ordinance No. 1850, on August 21, 2000, adopting the Redevelopment Plan For the Cupertino Vallco Redevelopment Project Area (the "Redevelopment Plan "), and the Agency is responsible for implementing the Redevelopment Plan pursuant to the Redevelopment Law. C. ABx 126 (the 'Dissolution Act ") and ABx 127 (the "Voluntary Program Act "; and together with the Dissolution Act, the "Redevelopment Restructuring Acts ") have been enacted to significantly modify the Redevelopment Law generally as follows: 1. The Dissolution Act immediately suspends all new redevelopment activities and incurrence of indebtedness, and dissolves redevelopment agencies effective October 1, 2011; and 2. The Voluntary Program Act, through the addition of Part 1.9 to the Redevelopment Law (the "Voluntary Alternative Redevelopment Program "), allows a redevelopment agency to avoid dissolution under the Dissolution Act by opting into an alternative voluntary redevelopment program requiring specified annual contributions to local school and special districts. d. Specifically, Section 34193(a) of the Redevelopment Law (as added to the Redevelopment Law by the Voluntary Program Act) authorizes the City Council to enact an ordinance to comply with Part 1.9 of the Redevelopment Law, thereby exempting the Agency from the provisions of the Dissolution Act, and enabling the Agency to continue to exist and function under the Redevelopment Law, so long as the City and the Agency comply with the Voluntary Alternative Redevelopment Program set forth in Part 1.9 of the Redevelopment Law. 394 \08 \1911661.2 319 e. Through the adoption and enactment of this Ordinance, it is the intent of the City Council to enact the ordinance described in Section 34193(a) of the Redevelopment Law and to participate for itself and on behalf of the Agency in the Voluntary Alternative Redevelopment Program set forth in Part 1.9 of the Redevelopment Law. f. Pursuant to Section 34193.2(b) of the Redevelopment Law, the City Council understands that participation in the Voluntary Alternative Redevelopment Program requires remittance of certain payments as set forth in the Voluntary Program Act (as further described below), and also constitutes an agreement on the part of the City, in the event the City fails to make such remittance payments, to assign its rights to any payments owed by the Agency, including, but not limited to, payments from loan agreements, to the State of California. g. The City Council does not intend, by enactment of this Ordinance, to waive any rights of appeal regarding the amount of any remittance payments established by the California Department of Finance, as provided in the Voluntary Program Act. h. On August 11, 2011, the California Supreme Court agreed to review the California Redevelopment Association and League of California Cities' petition challenging the constitutionality of the Redevelopment Restructuring Acts and issued an order granting a partial stay on specified portions of the Redevelopment Restructuring Acts, as modified on August 17, 2011 (the "Stay "), including a stay of the provisions of the Voluntary Program Act. i. Accordingly, the City Council intends to adopt this Ordinance understanding that it will be effective only upon the lifting of the Stay and the Court's determination that the Voluntary Program Act is constitutional. SECTION 2. ENACTMENT OF ORDINANCE PURSUANT TO REDEVELOPMENT LAW SECTION 34193(a) To the extent required by law to maintain the existence and powers of the Agency under the Redevelopment Law (including the Redevelopment Restructuring Acts), the City Council hereby enacts the ordinance authorized by Section 34193(a) of the Redevelopment Law, whereby the City, on behalf of itself and the Agency, elects to and will comply with the provisions of Part 1.9 of the Redevelopment Law, including the making of the community remittance payments called for in Section 34194 of the Redevelopment Law (the "Remittance Payments "), and whereby the Agency will no longer be subject to dissolution or the other prohibitions and limitations of Parts 1.8 and 1.85 of the Redevelopment Law as added by the Dissolution Act. SECTION 3. EFFECT OF STAY OR DETERMINATION OF INVALIDITY The City shall not make any community remittance in the event a court of competent jurisdiction either grants a stay on the enforcement of AB X1 26 and AB Xl 27 or determines that AB X1 26 or AB X1 27 are unconstitutional and therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time for filing an appeal therefrom are exhausted or unsuccessful, or time for filing an appeal therefrom has lapsed. Any community remittance shall be made under protest and without prejudice to the City's right to recover such amount and interest thereon in the event that there is a final determination that AB XI 26 or AB XI 27 are unconstitutional. 2 394 \08 \1911661.2 320 SECTION 4. ADDITIONAL UNDERSTANDINGS AND INTENT It is the understanding and intent of the City Council that the City will enter into an agreement with the Agency as authorized pursuant to Section 34194.2 of the Redevelopment Law, whereby the Agency will transfer annual portions of its tax increment to the City in amounts not to exceed the annual Remittance Payments (the "Agency Transfer Payments ") to enable the City, directly or indirectly, to make the annual Remittance Payments. Unless otherwise specified by resolution of the City Council, it is the City Council's intent that the City's annual Remittance Payments shall be made exclusively from the Agency Transfer Payments or from other funds that become available as a result of the City's receipt of the Agency Transfer Payments. The City Council does not intend, by enactment of this Ordinance, to pledge any of its general fund revenues or other assets to make the Remittance Payments, it being understood by the City Council that any Remittance Payments will be funded solely from the Agency Transfer Payments and /or other assets transferred to the City in accordance with the Voluntary Program Act. SECTION 5. AUTHORIZATION OF IMPLEMENTING ACTIONS The City Manager or the City Manager's designee is hereby authorized, on behalf of the City, to take any actions necessary to implement this Ordinance and comply with the Voluntary Program Act, including, without limitation, providing required notices to the County Auditor - Controller, the State Controller, and the Department of Finance, entering into any agreements with the Agency to obtain the Agency Transfer Payments, and making the Remittance Payments. SECTION 6. CEQA The City Council finds, under Title 14 of the California Code of Regulations, Section 15378(b)(4), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project, but instead consists of the creation and continuation of a governmental funding mechanism for potential future projects and programs, and does not commit funds to any specific project or program. The appropriate environmental review shall be completed in accordance with CEQA prior to the commencement of any future Agency- supported project or program. The City Council therefore directs that a Notice of Exemption be filed with the County Clerk of the County of Santa Clara in accordance with the CEQA guidelines. SECTION 7. SEVERABIL,ITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared unconstitutional or invalid. 394 \08 \1911661.2 321 SECTION 8. ENACTMENT AND EFFECTIVE DATES This Ordinance is deemed enacted as of September, 2011 for purposes of Section 34193(a) of the Redevelopment Law, and shall take effect and will be enforced thirty (30) days after its adoption, conditioned upon the lifting of the Stay and the Court's determination that the Voluntary Program Act is constitutional. SECTION 9. PUBLICATION AND POSTING The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. INTRODUCED at a regular meeting of the Cupertino City Council the 6th day of September 2011 and ENACTED at a regular meeting of the Cupertino City Council on the day of September 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kimberley Smith City Clerk 4 394 \08 \1911661.2 322 APPROVED: Gilbert Wong Mayor, City of Cupertino Attachment B DRAFT ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ENACTED PURSUANT TO HEALTH AND SAFETY CODE SECTION 34193 TO ELECT AND IMPLEMENT PARTICIPATION BY THE CITY OF CUPERTINO AND THE CITY OF CUPERTINO REDEVELOPMENT AGENCY IN THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. RECITALS AND BACKGROUND INFORMATION a. Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et s�Mc.; the "Redevelopment Law "), the City Council (the "City Council ") of the City of Cupertino (the "City ") adopted Ordinance No. 1421 declaring the need for the City of Cupertino Redevelopment Agency (the "Agency ") to function in the City. b. Also in accordance with the Redevelopment Law, the City Council adopted Ordinance No. 1850, on August 21, 2000, adopting the Redevelopment Plan For the Cupertino Vallco Redevelopment Project Area (the "Redevelopment Plan "), and the Agency is responsible for implementing the Redevelopment Plan pursuant to the Redevelopment Law. C. ABx1 26- (the 'Dissolution Act ") and ABx1 27 (the "Voluntary Program Act "; and together with the Dissolution Act, the "Redevelopment Restructuring Acts ") have been enacted to significantly modify the Redevelopment Law generally as follows: 1. The Dissolution Act immediately suspends all new redevelopment activities and incurrence of indebtedness, and dissolves redevelopment agencies effective October 1, 2011; -and 2. The Voluntary Program Act, through the addition of Part 1.9 to the Redevelopment Law (the " Voluntary Alternative Veltiii�af , Redevelopment Program "), allows a redevelopment agency to avoid dissolution under the Dissolution Act by opting into an alternative voluntary redevelopment program requiring specified annual contributions to local school and special districts. d. Specifically, Section 34193(a) of the Redevelopment Law (as added to the Redevelopment Law by the Voluntary Program Act) authorizes the City Council to enact an ordinance to comply with Part 1.9 of the Redevelopment Law, thereby exempting the Agency from the provisions of the Dissolution Act, and enabling the Agency to continue to exist and function under the Redevelopment Law, so long as the City and the Agency comply with the 1 394 \08 \1011661.472 323 Voluntary Alternative `` Redevelopment Program set forth in Part 1.9 of the Redevelopment Law. e. Through the adoption and enactment of this Ordinance, it is the intent of the City Council to enact the ordinance described in Section 34193(a) of the Redevelopment Law and to participate for itself and on behalf of the Agency in the Voluntary Alternativ N IE)Itifttff y Redevelopment Program set forth in Part 1.9 of the Redevelopment Law. f. Pursuant to Section 34193.2(b) of the Redevelopment Law, the City Council understands that participation in the Voluntary Alternative V eltintaFy Redevelopment Program requires remittance of certain payments as set forth in the Voluntary Program Act (as further described below), and also constitutes an agreement on the part of the City, in the event the City fails to -make such remittance payments, to assign its rights to any payments owed by the Agency, including, but not limited to, payments from loan agreements, to the State of California. g. The City Council does not intend, by enactment of this Ordinance, to waive any rights of appeal regarding the amount of any remittance payments established by the California Department of Finance, as provided in the Voluntary Program Act. h. On August 11, 2011, the California Supreme Court agreed to review the California Redevelopment Association and League of California Cities' petition challenging the constitutionality of the Redevelopment Restructuring Acts and issued an order granting a partial stay on specified portions of the Redevelopment Restructuring Acts, as modified on August t 17, 2011 (the "Stay "), including a stay of the provisions of the Voluntary Program Act. i. Accordingly, the City Council intends to adopt this Ordinance understanding that it will be effective only upon the lifting of the Stay and the Court's determination that the Voluntary Program Act is constitutional. SECTION 2. ENACTMENT OF ORDINANCE PURSUANT TO REDEVELOPMENT LAW I SECTION 34193(a) To the extent required by law to maintain the existence and powers of the Agency under the Redevelopment Law (including the Redevelopment Restructuring Acts), the City Council hereby enacts the ordinance authorized by Section 34193(a) of the Redevelopment Law, whereby the City, on behalf of itself and the Agency, elects to and will comply with the provisions of Part 1.9 of the Redevelopment Law, including the making of the community remittance payments called for in Section 34194 of the Redevelopment Law (the "Remittance Payments "), and whereby the Agency will no longer be subject to dissolution or the other prohibitions and limitations of Parts 1.8 and 1.85 of the Redevelopment Law as added by the Dissolution Act. SECTION 3.— EFFECT OF STAY OR DETERMINATION OF INVALIDITY The City shall not make any community remittance in the event a court of competent jurisdiction either grants a stay on the enforcement of AB X1 26 and AB X1 27 or determines that AB XI 26 f AB XI 27 are unconstitutional and therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time for filing an appeal therefrom are exhausted or unsuccessful, 2 394 \08 \1011661.472 324 or time for filing an appeal therefrom has lapsed. - - Any community remittance shall be made under protest and without prejudice to the £4tyls right to recover such amount and interest thereon in the event that there is a final determination that AB X1 26 f AB X1 27 are unconstitutional. SECTION 4. ADDITIONAL UNDERSTANDINGS AND INTENT It is the understanding and intent of the City Council that anee the ^ tit °,a to g o � the City will enter into an agreement with the Agency as authorized pursuant to Section 34194.2 of the Redevelopment Law, whereby the Agency will transfer annual portions of its tax increment to the City in amounts not to exceed the annual Remittance Payments (the "Agency Transfer Payments ") to enable the City, directly or indirectly, to make the annual Remittance Payments. Unless otherwise specified by resolution of the City Council, it is the City Council's intent that the City's annual Remittance Payments shall be made exclusively from the Agency Transfer Payments or from other funds -that become available as a result of the City's receipt of the Agency Transfer Payments. The City Council does not intend, by enactment of this Ordinance, to pledge any of its general fund revenues or other assets to make the Remittance Payments, it being understood by the City Council that any Remittance Payments will be funded solely from the Agency Transfer Payments and /or other assets transferred to the City in accordance with the Voluntary Program Act. SECTION 5. AUTHORIZATION OF IMPLEMENTING ACTIONS The City Manager or the City Manager's designe or &°eetit _ e Dii ter or &Ee6titiVe DiFeet8l sec is hereby authorized, on behalf of the City, to take any actions necessary to implement this Ordinance and comply with the Voluntary Program Act, including, without limitation, providing required notices to the County Auditor - Controller, the State Controller, and the Department of Finance, entering into any agreements with the Agency to obtain the Agency Transfer Payments, and making the Remittance Payments. SECTION 6. CEQA The City Council finds, under Title 14 of the California Code of Regulations, Section 15378(b)(4), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project, but instead consists of the creation and continuation of a governmental funding mechanism for potential future projects and programs, and does not commit funds to any specific project or program. The appropriate environmental review shall be completed in accordance with CEQA prior to the commencement of any future Agency- supported project or program. The City Council therefore directs that a Notice of Exemption be filed with the County Clerk of the County of Santa Clara in accordance with the CEQA guidelines. SECTION 7. SEVERABIL,ITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council hereby declares that it would have passed this 1 394 \08 \1011661.472 325 Ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared unconstitutional or invalid. SECTION 8. ENACTMENT AND EFFECTIVE DATES This Ordinance is deemed enacted as of ^ tSeptember , 2011 for purposes of Section 34193(a) of the Redevelopment Law, and shall take effect and will be enforced thirty (30) days after its adoption - , conditioned upon the lifting of the Stay and the Court's determination that the Voluntary Program Act is constitutional. SECTION 9. PUBLICATION AND POSTING The City Clerk is dir-eetedshall certify to the passage and OF ptiblish adoption of this Ordinance and shall give notice of its adoption as required by law. 4 394 \08 \1911661.472 326 T4,e f,.,,,,g&4+— Pursuant to Government Code Section 36933, a summary of this Ordinance s 4 t,,,.,1,,,,,,4 befe-Fe the C-4 , (; ..,,;' may be published and posted in lieu of publication and posting of the f- entire text. INTRODUCED at a regular meeting of the Cupertin C eti � of Sa+it Cla +: at -eg lar- meeting of the _City Council 4 e the 2 � ' 4 6th day of ^September 2011 and f adeptedENACTED at a regular meeting of the Cupertino City Council he4 on the -� — day of ^September 2011 by the following ote AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Kimberley Smith Gilbert Won Mayo r u;,,,b er 4- c,,.,4 City Clerk C u„�,, Mayor City A4teff+t - of Cupertino 1 394`08 \1911661.472 327 Attachment C Funds Available for Non - Housing Redevelopment Activities For Five -Years 2011 to 2015 Vallco Redevelopment Project Cupertino, California (Dollars are in 1,OOOs) Five -Year 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 (A) Total Beginning Balance 623 998 468 401 2 623 Revenues Property Taxes 1,270 397 918 955 1,605 5,144 (Less) Set -Aside for Affordable Housing (318) (99) (229) (239) (401) (1,286) Net Taxes 953 298 688 716 1,204 3,858 Interest Income 3 5 2 2 0 12 City Loan 1,315 0 0 0 0 1,315 Total Funds Available Fixed Obligations and Administration Expenses Payments to Schools, County and Special Districts Payment on City Loan Administration Expenses Payments to Schools /Special Districts (new) Total Fixed and Administration Discretionary Project Expenses 2,894 1,300 1,159 1,119 1,206 5,809 (238) (137) (317) (329) (554) (1,575) (1,315) 0 0 0 0 (1,315) (252) (153) (158) (162) (287) (1,012) (13) (542) (134) (140) (235) (1,063) (1,818) (832) (608) (631) (1,075) (4,965) Vallco Public Improvements (78) 0 (150) (485) 0 (713) Total Discretionary Project (78) 0 (150) (485) 0 (713) Ending Cash Balance (A) Assumes tax growth from Rose Bowl development. 2 131 131 328 Attachment D Cupertino RDA Tax Usage Under Opt -In or Opt -Out Fiscal Years 2011 -12 thru 2014 -15 (Estimate) RDA and Other Jurisdictions Regardless of Opt -In or Opt- Out (Existing Pass -Thru) With Opt -Out (RDA Dissolution) With Opt -In (RDA Continues With Voluntary payments) Cupertino RDA Housing Trust Agreement 1,000,000 1,000,000 Cupertino RDA Future Housing Projects 134,000 Vallco Public Improvements 635,000 635,000 Cupertino RDA Future Public Improvements 131,000 Cupertino RDA Administration 760,000 Santa Clara County 320,107 496,976 0 Santa Clara County Library 57,527 89,312 0 Cupertino General Fund 29,885 46,397 0 Cupertino Union Elementary 330,170 512,598 616,233 Fremont Union High 222,973 346,172 356,212 Foothill- DeAnza Community College 85,118 132,148 0 County School Service 41,531 64,478 0 Central Fire Protection District 201,699 313,144 77,555 Midpeninsula Regional Open Space District 20,809 32,307 0 Santa Clara Valley Water District North Central Zone 12,922 20,062 0 Santa Clara Valley Water District 2,386 3,704 0 Bay Area Air Quality Management District 2,472 3,838 0 Santa Clara County Importation Water -Misc District 7,100 11,023 0 Santa Clara Valley Water District West Zone 4 1,830 2,841 0 Total 1,336,530 3,710,000 3,710,000 329