H. 2009 Master Use Permit conditions of approvalOFFICE OF THE C TY CLERK CITY HALL 10300 TORREAVENUE CUPERTINO CA 95014 3255 C U P E RT 1 N O TELEPHONE 408 777 3223 FAX 408 777 3366 January 23 2009 Kevin Dare Sand Hill Properties 489 S El Camino Real San Mateo 94402 500 Forbes LLC 489 S El Camino Real San Mateo 94402 Re Consider Application Nos U 2008 01 EA 2008 07 ASA 2008 06 TM 2008 01 TR 2008 08 Kevin Dare Sand Hill Propert Company 500 Forbes LLC South Vallco Main Street Project North Side of Steven Creek Boulevard between Finch Avenue N Tantau AvenueAPN Nos 316 20 f 78 316 20 079 316 20 085 Continued from January 12 a Certify FinalEnvironmentallmpact Report EIR including the Mitigation Monitoring Reporting Progra n and Sta tement of Overriding Considerations b Master Use Permit and Architectural and Site A proval for a master plan for a mixed use development consisting of approximately 147000 square feet of retail commercial 100000 square fee t of office a 150 roomhotel a 160 unit senior age restrictedhousing facility 14 000 sguare feet of athletic club a four level parking garage and a 16 acre p rk town square A project altemative consists of approximately 205000 square f et of office and a 250 room hotelin place of the athletic club c Tentative map to subdivide 3 parcels approximately 18 7 cres into 5 parcels for a master plan for a mixed use d Tree Removal request to remc ve a total of 84trees and relocate 13 trees in conjunction with a proposed ma ter plan for a mixed use development
U 2008 01 January 23 2009 Dear Mr Dare and500 Forbes LLC At its Jan 20 2009 meeting the Cupertino City ouncil approved the project with the following conditions Certified the Final Environmental Im act Report EIR including the Mitigation Monitoring Reporting Program and Sta ement of Overriding Considerations Approved the Master Use Permit Archit ctural Site Approval Tentative Map andTree Removal request with the following conditions Select Alternate No 5 for the Vallco Parkway Lane narrowing parking consisting of one traffic lane east t ound one bike lane east bound angled parking along thesouth side of Vallco P rkway and no changes to the west bound lane configuration Elevations and azchitectural detai s aze approvedper the conditions of approval recommended by the Planning Coinmission except that the azchitecturaldesign of the hotelshall come back to the City Council for review and approval Phasing of the development shall take place as specified in Condition No 13 as recommended by the Planning Cornmission The Below Market Rate BMR liousing program condition of approval for the senior housing shallrequire the a plicant to dedicate 15 of the total number of on site senior housing units at belc w market rates Thecorner park azea along Steven Creek Boulevard adjacent to the Metropolitan condominiums shall be 75 net acres The applicant shall adjust the siz of the retail building adjacentto the parkto accommodate the expansion of the corner park to 75 net acres Thedeveloper may build up to a iive story hotel of up to 250 rooms if there are over 160 rooms the hotel shall pro ide full amenities including a banquet facility If theresidentsnearbyfeel that ac ditional trees are needed to mitigate the visual impacts of the hotel staff will ev luate the addition of trees in conjunction with the architectural and site approval rocess for the hotel The hotel allocation shall be taken from the remaining available retail commercial allocations in the City using he commercial tr c equivalency formula recommended by staff In the event future hotel allocations are made available i e the release of the committed iotel units or new units added by a general plan amendment the commercial allo ation would be returned to the corresponding geographicareas The commercialallocation for the athleticclub shall be discounted to 98 800 sf based upon a membership limit of 9 000 members Retail uses on Vallco Parkway at Finch Avenue may consist of either Alternate Option 1 30 000 sf majorretail tenant 5 500 sf retail shops and two jewel box buildingstotaling 3 100 sfl orAlternate Option 2 40 000 sf major retail and 20 811 sf of retail shops lining Vallco Parkway 2
U 2008 01 January 23 2009 Tentative map to subdivide the property from threeparcels to five parcels Allow for future conversion o the ground floor of the parking garage to retail shops as shown in the exhibits The northwest corner of Stevens Creek Boulevard and N Tantau Avenue shall either bean athletic club Scheme A or 36 000 square feet of retail commercial Alternate Option 100000 square feet of office s ace Scheme A sha11 be allocated from available office allocations within the City The Square European Parking Court is accepted Require a 400 person banquet hall for a hotel of over 160 rooms OnJanuary 12 the City Council came to consensu on the following items which are also included Seniorhousing interface with Met opolitan Acceptable as proposed Senior housing Support the builiing size as proposed and require a covenant for the seniorhousing to ensure that the b ailding remains as age restricted housing for seniors Require applicanddeveloperto pr vide Valley Transit Authority VTA Eco passes for one year for the senior residents oi the project Green Building LEED Certificat on Support the condition as recommended by the applicant The Use Permit conditions are as follows unle s amended above SECTION III CONDITIONS ADMINISTEF ED BY THE COMMiJ1vITY DEVELOPMENT DEPT 1 APPROVED EXHIBITS The approval is based on Exhibits titlecl Main Street Cupertino Zoning Permit Package consisting of 115 pages labeled Title Sheet AO through A53 Landscape Plan A and C0 0 through C5 3 parking garage elevations tree disposition plan section drawings updated site plan and option plans except as may be amended by the conditions contained in this resolution 2 DEVELOPMENT APPROVAL Approval of a Master Use Permit is granted for a period of five 5 years following issuance of the Master Use Permit to al low the construction of interchangeable mixed use developmentoptions in accordance w th the approved exhibits consisting of a 4 story 160 unit senior housing building up t a 5 story 250 room hotel up to 150 00 square feet of retail shops up to 9 000 square feet of ground floor parking garagearea converted to future retail shop area up to a 145 C 00 square foot athletic clubor up to an additional 36 000 square feet of retail shop azea and an additional 162 surface parking spaces at the northwest corner of Stevens Creek Bou evazd and N Tantau Avenue 100000 square foot office building a 5 level 1 288 space parking garage and4 acres of public open space consisting of a town square plaza are s park and green landscaped area The ground floor level of the officebuilding and senior housing building will accommodate retail shops facing the town square 3
U 2008 0 i January 23 2009 Scheme A OR the followin additional o tions Senior I3ousin 160 units Hotel 3 stories 150 rooms 5 stories 250 rooms Athletic Club 145000 sf 30 000 sf major retail building and 6 000 sf adjacent retaiUrestaurant building areaand additional 162 surface arking s aces Parking Garage 1 288 spaces Conversion of 9 000 sf along Vallco Parkway for conversionto future additional retail shop area with loss of 43 parking s aces Retail 127789 square feet Up to 22 211 squaze feet of additional retail sho area for a total of 150000 s uare feet Office 100000 s uare feet Public Open 4 acres S ace 3 TENTATIVE MAP Approval of a Tentative Map is granted t subdivide the property from three parcels into five parcels in accordance with the Tentative Map submitted in the approved e ibits except as amended by the conditions contined in this resolution 4 COVENANT OF RECIPROCAL INGItESS EGRESS EASEMENT The applicant shall record a deed restric ion for necessary reciprocal ingress and egress easements between each lot created by 1he new development The applicant shall also recordappropriate deed restrictions for ne cessary reciprocal ingress and egress easements betweenthe adjacent propertiesto the west to be implemented at such time that the City can require the same of adjacent propf rty owners The easement language shall be reviewed and approved by the City Attorney The covenant of easement shall be recorded prior to final map approval 5 PUBLIC PEDESTRIANEASEMENT Public access pedestrian easements through the interior pedestrian paths and plazas the town square and park area shall be required The easement language shall be reviewed and approved by the City Attorneyprior t recordation of the easement on the project site with the final map approval 6 COVENANTS CONDITIONS AND RJ STRICTIONS The project CC Rs shall be reviewed and approved by the City Attorney prior to recordation with the final map approval I he conditions of approval for the project shall also be recordedon the properties and incc rporated into the CC Rs 7 JOINT USE AGREEMENT Prior to recordation of the finalmap th applicant shall submit a joint use agreement between the City and the applicant to be eviewed by the City Attorney and the Director of Parks and Recreation and approved by the City Council which permits the City to use 4
U 2008 01 January 23 2009 the town square and park azea for publ ic use for community events or other similar City approved events or activities such as butnot be limited to a farmers market holiday activities and summer events The joint use agreement shall be recorded and incorporated into the CovenantsConditions and Restrictions CC Rs of the project site The joint use agreement shallgovern the public useprogrammingpublic access and percentage of time available for the all owable public activities and events for which the town squareand park may be used Che agreement shall alsomake available publicly identifiable restroom facilities for public use duringnormal business hours No structures will be constructedon the town square rea without the approval of the City of Cupertino The programmingprovisions of the jcint use agreement shall be administered between the applicant and theParks and Recreation Department 8 GROUND FLOOR RETAIL Prior to issuance of building permits the applicant shall demonstrate the ground floor retail functionality for buildings propo ed at heights over 45 feet in accordance with the City s General Plan to the satisfaction of the Director of Community Development The ground floor retail shall be of subst ntial and appropriate size to accommodate the functionality of retail uses The bui ding frontages of all buildings facing the town square including the senior housing uilding the retailshops and the office building shall have ground floor retail as illustrated by the plans in the approved exhibits The athleticclub shall provide a floor plan to demonstrate the inclusion of ground floor retail along atleast 10 percent of the ground iloor 9 DISCLOSURE CLAUSE TO THE F UTURE PROPERTY OWNERS The applicant developer shall inforrl the future owners through the Covenants Conditions and Restrictions CC Rs f the surrounding projects The CC R language shall be reviewed and approved by the ity prior to issuance of building permits 10 BELOW MARKET RATE HOUSING PROGRAM The applicant shall eitherparticipate ii the City s BelowMarket Rate BMR Housing program by dedicating 15 of the tota number of senior housing units at below market rates or obtain an alternative approval ty the City Council to meet objective of the Below Market Rate Housing Program The H using Commission sha11 suggest altematives for the City Council to consider to meet this requirement For dedication of any senior housingunits at below market rates thf applicant shall record a covenant which shall be subject to review and approval by the ity Attorney to be recorded prior to issuance of building permits for the planned senior lousing building 11 MITIGATION MONITORING AND REPORTINGPROGRAM The project shall adhere to all of the mitigation measures identified in the Mitigation Monitoring and Reporting Program MMRP of the Environmental Impact Report prepared by David J Powers and Assoc iates dated January 2009 5
U 2008 01 January 23 2009 12 DEVELOPMENT ALLOCATION The applicant shallreceive an allocation c f up to 150000 square feet of retail commercial square footage up to 98 800 square feet of commercial for the athletic club or upto an additional 36 000 square feet of retail conunercial square footage for the northwest corner of Stevens Creek Boulevard and N Tant 0 Avenue 160 units of residential units for the senior housing and up to 250 hotel roorls depending onthe build out options chosen The applicant is also authorized up to 100000 squaze feet of office space 13 CONSTRUCTION PROJECT PHASIl dG The applicant shall prepare a construction phasing schedule demonstrating completion of the project within 5 yeazs of this approval The construction phasing schedule shall detail critical milestones of the construction Critical milestones of the construction shall includebut not be limited to the following a The town square park area and the f ur retailbuildings adj acent to the town square and directlyfronting Stevens Creek B ulevard the street and pedestrian infrastructure around these portions of the project site and sufficient parking tosupport these uses shall be constructed together as part f the first development phase if the project is developed in phases b The major retail tenant buildings the mixed use office and retail building senior housing hotel athletic club and parking garage may be developed following the first development phase of the project c Adequate parking shall be provided o i the project site during phased development of the project The applicant will be required to demonstrate to the satisfaction of the Director of Community Developme it that adequate pazking is provided for the development of each building on site 14 PARKING The applicant shall comply with the minimum parking requirements for the project per the parking analysis in the Transportatio i Impact Analysis prepared by Fehr and Peers dated September 5 2008 and incorporate3 into the Environmental Impact Report The applicant shall also comply with the swalE s and permeable surfaces requirement Section 19 100040 0 of the City s Parking Regt lations 15 PARKING LOT LIGHTING Lighting in the parking lotsshall be approved by the Director of Community Development for compliance with applic able regulations prior to issuance of building permits 16 BUILDING PERMIT APPROVAL The Director of CommunityDevelopmen shall review the final building permits for full conformance with this approval and the design approval prior to issuance of building permits 6
U 2008 01 January 23 2009 17 SIDEWALKS CROSSWALKS a The final sidewalk plan shall bs r quired to be reviewed and approvedby the City prior to the final map b The applicant shall provide decor itive crosswalks with decorative precastconcrete pavers across Vallco Parkway N antau Avenue and Stevens Creek Boulevard The decorative pavement materials sh ll be reviewed and approved by the Director of Community Development and the ublic Works Department and shall be consistent with the recommendation of the ta c analysisprepared by Fehr and Peers in the Transportation Irnpact Analysis dat d September 5 2008 on p 48 18 SIGNAGE Signage is not approved with this app ication Signage shall conform to the City s Sign Ordinance Heart of the City Specific Plan and South Vallco Master Plan Prior to final occupancy and approval of any indiviclual signs on site a detailed master sign program shall be submitted for review and apprcval by the Design Review Committee 19 ARCHITECTURAL AND SITE AP ROVAL A The building and architectureshall ubstantially conform to the elevations and details as shown in theapproved exhibits unless otherwisenoted below Prior to issuance of building permits the applicant sliall be required to obtain approval of separate Architectural andSite Approval ap lication s for each of the buildings on the project site Building colors and material shall be reviewed and approved in conjunction with the Architectural and Site App ova1 l For buildings in which full f levations have been provided in the approved exhibits the applicant shall be required toobtain approval of Architectural and Site Approval applications by tl e Design Review Committee 2 For buildings in which full ele vations have not been provided in the approved exhibits such as the athletic club the applicant shall be requiredto obtain approval of Architectural and Site Approval applications by the City Council B The applicant shall address the foll wing issues as part of the separate Architectural and Site Approvals Town Sguaze l The town square area shall be designed as a flexible public area space thatmay be expanded or shifted by the te nporary closure of one or more of the surrounding Finch Avenue private drive st eets 2 The town square area will be developed to be flush with the grade of the surrounding Finch Avenue private drive streets to allow for a seamless expansion or shifting of the tovv i square area 3 The applicant shall provide dec orative semi pervious pavement treatment in the town squareand plaza areas t be reviewed and approved by the Director of Community Development 4 Parking on the circular Finch A venue private drive streets shall be delineatedby decorative semi pervious pavingrather than painted stripes 7
U 2008 01 January 23 2009 5 Final design and landscape of 1 he town square area shall be reviewed and approved by the Design Review Cc mmittee 6 Temporary closure of any portion of the private drive streets including methods used to temporarily closethe stre et s will require approval of the Director of CommunityDevelopment Corner Buildin Any building s proposed at the north vest corner of Stevens Creek Boulevard and N Tantau Avenue shall have prominent xchitectural design enhancements to emphasize the importance of this corner as the ea tern gateway entry to the City including 1 Identifiable street fronta ge public entrances along Stevens Creek Boulevard and N Tantau Avenue 2 Glass storefrontsto allow for the v isibility of activities along the street frontages 3 Interesting and unique azchitectura l featuresto enhance thegateway entrance into the City Cupertino 4 Corner building architectural and s ite features Street Furniture The applicant shall provide street fizmiture along Stevens Creek Boulevard and Vallco Parkway Prior to the issuance of biiilding permits for Phase 1 of the project the street furniture shall be reviewed and approved by the Design Review Committee Plaza Area The applicant shall modify the squaa e parking plaza area to the east of the town square area to abe a more standard inear street that allows for outdoor pedestrian plaza space adj acent to the surroundir g retail shop areas and 90 degree angled street parking Gara e l The parking garage shall be desig ied and constructedto allow conversion of the ground floor area along Vallco Parlcway to retail shop areas 2 The parking garage shall provid architectural details and designs along the ground floor facing Vallco Parkw y to promote pedestrian orientation along the street 3 When the ground floor of the park ing garage is converted to retail shop area the ground floor area shall have storefront windows facing Vallco Parkway 20 GATEWAY ENTRY The applicant shall be required to construct and install a gateway entry featureonthe northwest corner of Stevens Creek Boiilevard and N Tantau Avenue that will be consistent with the policies of the Gene al Plan and South Vallco Master Plan The gateway entry feature shall be a prominent design that may fulfill the public art requirement and could include a decorative monument feature that spans over Stevens Creek Boulevard or vertical structural elementson both sides of Stevens Creek Boulevard and on the median to annou lce entry Also this cornershall include a 8
U 2008 01 January 23 2009 community banner andenhanced pf destrian crossings that mayinclude crosswalk lighting special paving materials and or prominent art or architectural feature announcing the entry to the City such as a wrougtit iron element subject to review and approval by the ity Council 21 LANDSCAPE PLAN The applicant shall submit detailed l ndscape and irrigation plans to be reviewed and approved by the Design Review Committee prior to issuance of building permits The landscape plan shall provide the following a The landscape plan shall include w ter conservation and pesticide reduction measures in conformance with Chapter 1415 Xeriscape Landscaping and the pesticide control measures referenced in Chapter 9 13 Stormwater Pollution Prevention and Watershed Protection of the Cupertino Municipal Code b Landscapingalong Stevens Creek Boulevard and N Tanta 0 Avenue in accordance with the streetscape design requirenients of the Heart of the City Specific Plan c Planting of two specimen oak trees flanking entrance to the development on the corner of Stevens Creek Boulev rd and Finch Avenue as replacements for the removal of the existing dead speci r en oak tree 22 TREE REMOVAL a The applicant is approved to remo e a total of up to 84 trees and relocate 13 trees on site per Option A in accordance v ith the City Arborist s report prepared by David Babby and dated April30 2008 Although the applicant is requesting approvalto remove these trees in accordance with the City Arborist s recommendation the intent is to retain as many of the existing erimeter street trees for the remaining life of such trees where they are not considered dead or do notrequire immediate removal b The Aleppo Pine tree Tree No 113 shall be preservedon site c For any trees that are removed due to hazardous conditions are considered dead or die asa result of relocation the a plicant shall be required to replace thesetrees in accordance with the City s Protecte i Trees Ordinance d For any trees thatrequire removal due to construction plan drawing changes and or construction activity the applicant shall obtain a tree removal permit in accordance with the Protected Trees Ordinance 23 TREE REPLACEMENTS Final approval of the required treerep lacements shall be reviewed and approved by the Design Review Committee in accordan e with the City s Protected Trees Ordinance The applicant may be able to reduce the n unber of replacement trees on site if larger size trees are proposed in accordance with the tree replacement standards of the ordinance For any additional trees that are remo ed due to hazardous conditions or are considered dead the applicant shall be requiredto replace thesetrees in accordance with the Protected Trees Ordinance Species an i size of replacement trees shall be reviewed and approved by the Community Developm nt Director 9
U 2008 01 January 23 2009 24 TREE PROTECTION As part of the building permit drawings a tree protectionplan shall be prepared by a certified arborist for the trees to be retainE d The applicant shall be required to install tree protection measures before and durin development in accordance with the City Arborist s report dated April 30 2008 an3 in accordance with requirements of the Public Works Departrnent for the preservation o existing street trees Inaddition the following measures shall be added to the protection lan A For trees to be retained chain link fer cing and other root protection sha11 be installed around the dripline of thetree prior to any project site work B No parking orvehicleparking shall bf allowed under rootzones unless using buffers approved by the project arborist C No trenching within the critical root z ne area is allowed If trenching isneeded in the vicinity of trees to be retained the City Arborist shall be consulted before any trenchingor root cutting beneath the dripline of the tree D Tree protection conditions shall be po ted on thetree protection barriers E Retained trees shall be watered to mai itain them in good health 25 TREE PROTECTION BOND The applicant shall provide a tree protection bond in an amountdetermined by the City Arborist to ensure protection of trees slatf d for preservation prior to issuance of grading demolition or buildingpermits The l ond shall be returned after completion of construction subjectto a letter from the City Arborist indicating that thetrees are in good conditian 26 TREE REPLACEMENT IN LIEU FEE The applicant sha11 pay an in lieu fee ii accordance with the City s Protected Trees Ordinance for any trees that cannot be repl aced on site 27 HEART OF THE CITY DESIGN GUII ELINES A The project shall comply with the He irt of the City design guidelines in effect at the time of project approval B If any portions of the buildings on th Master Use Permit site plan do not meet the minimum setbacks per the Heart o the City Specific or Conceptual Plan the applicant musteither modify the build ng setback as part of the Architectural and Site Approval for the building or obtain a proval of an Exceptionapplication to the Heart of the City Specific or Conceptual Plar 28 SOUTH VALLCO MASTERPLAN The project shall comply with the South Tallco Master Plan Prior to release of building permits for Phase 1 of the project the fina boulevard plan along Vallco Parkway shall be reviewed and approved by the City Counc il The applicant shall makereasonable efforts to contact adjacent property owners to sho v improvement plans including butnot limited to the specific lighting sidewalk furnitur and landscaping treatments to be consistent with the vision of the South Vallco Master Plan 10
U 2008 01 January 23 2009 29 CREEK TRAIL IMPROVEMENTS The applicant shall contribute an amount not to exceed 65 000 to the improvements of a trail connection along Calabazas Cree from Vallco Parkwayto I 280 This contribution shall be used by the City to administ r a creek trail plan and necessary approvals and improvements If this fund is not used within five years of the project completion then it shall be returned to the applicant 30 PARKAREAALONG METROPOI ITAN A 4 acre park area shall be maintaine d along the western property line adjacent to the Metropolitan mixed use development The design of the park area including designs for crash resistant fencing materials adjacf nt to vehicular traffic areas shall include butnot be limited to passive recreation apparatuses such as a tot lot and sitting areasThe Parks and Recreation Commission shall review the park design and shallreferits recommendation to the City Council for review and approval The green space park buffer shall be installed prior to issuance of building occupancy permits 31 SECURITY PLAN FOR PARHING GARAGE The applicant shalldevelop a com rehensive private security plan for the entire development encompassing patrol hoLrs manning levels and frequency closed circuit cameras in the parking garage and adec uate lighting levels The plan shall be prepared by the applicant and approvedby the Sheriffls Department prior to final occupancy 32 PARKING GARAGE NOISE MITIC ATION The parking garage floors sha11 be treat d coated with materials as deemed appropriate by the City to lessen the noise impacts of ehicle movements 33 RESTAURANT ODOR ABATEMEl TT All restaurants shall install odor abatement systems to be incorporated into the air handling systems to reducethe odor impact from therestaurants to the adjacent community Detailed plans shall e reviewed and approvedby the Community Development Department prior to issua ce of buildingpermits 34 SCREENING All mechanical and other equipment o i the buildings andsite shall be screened so they are not visible from public street areas or adjoining developments Screening materials colors shall match building fe atures and materials The height of the screening shall be taller than the height of the m chanical equipmentthat it is designed toscreen The location of equipment andnecessary screening shall be reviewed and approvedby the Director of Community Development p ior to issuance of building permits 35 TRASH AND DELIVERY ACTIVIT ES A A detailed refuge and truck delivery plan must be prepared by the applicant The plan shall specifylocations of trash facilities refuge pick up schedules and truck delivery schedules and routes All trash f cilities must be screened and enclosed to the 11
U 2008 01 January 23 2009 satisfaction of the Public Works Dep rtment The final plan shall be submitted to the City for review and approval prior to i ssuance of buildingpermits B All deliveries shall comply with the nitigation measures provided in the Mitigation Monitoring and Reporting Program prepared by David J Powers and Associates dated January 2009 36 CONSTRUCTION MANAGEMENT P LAN A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building permits S aging of construction and equipment shall not occur within 250 feet of any residentia property The applicant shall also provide a construction manager hotline phone nuir ber for residents of the adjacent Metropolitan condominium complextocall for constn ction related activities on the project site The hotline number shall also be posted c n the project site and at the Metropolitan condominium complex Said constructi n management plan shall also provide the following A Construction Vehicle Access and Routing B ConstructionEquipment Sta ging Area C Dust Control Best Management Practi es D Hours of Operation E Street Cleaning Schedule and Program 37 GREEN BUILDING The applicant shall obtain LEED Silver a rtification designation for the hotel office and senior housing buildings in accordance v ith the U S Green Building Council standards and the City s Green Buildingpolicies 7 he applicant sha11 also design the athletic club if developed and retail buildings to I EED certification standards but will not be required to certify these buildings as LE D certified The applicant shall also provide solar hotwater heating for any pools provided onthe project site 38 MAINTENANCE AGREEMENT A The applicant shall create an Improve nent and Maintenance District to maintain the sidewalks and landscaped park strips along VallcoParkway N Tantau Avenue and Stevens Creek Boulevazd directly adjacent to the subject project site Said district shall be part of the Covenants Codesand Restrictions of the project and shall be reviewed and approved by the City Att rney prior to approval of the final map B The applicant shallrecord a maintensulce agreement subject to the approval of the City Attorney for the maintenance of the shared driveways by the property owners of each of the lots 39 TRANSPORTATION DEMAND MAN GEMENT The applicant shall commit to implem nting a transportation demand management TDM plan incorporating solutions as indicated in the Mitigation Monitoring and Reporting MMR Program prepared by l avid J Powers and Associates dated January 2009 that may include parking cash out an 3 eco passes for employees valet for customers 12
U 2008 01 January 23 2009 and off site parking options The TD VI plan including the projected funding shall be reviewed and approved by the Design Review Committee prior to issuance of building pernuts 40 DEMOLITION REQUIREMENTS All demolished building and site ma erials shall be recycledto the maximum extent feasiblesubject to the Building O ial The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits 41 NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees dedication requirements reservation re uirements and other exactions Pursuant to Govemment Code Section 66020 d 1 these Conditions constitute written notice of a statemerit of the amount of such fees and a description of the dedications reservations and other exactions Yoii are hereby further notified that the 90 day approval period in which you may protest these fees dedications reservations and other exactions pursuant to Governme t 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 ill be legally barred from later challenging such exactions 42PUBLIC ART The applicant shall provide public art ir accordance with GeneralPlan policy 2 66 Public art selection will be revif wed by the Fine ArtsCommission SECTION IV CONDITIONS ADMII TISTERF D BY THEPUBLIC WORKS DEPT 43 STREET WIDE1vING Public street widening and dedicaticns shall be provided in accordance with City Standardsand specifications and as req zired by the City Engineer 44 CURB AND GUTTER IMPROVElVIENTS Curbs and gutters sidewalks and relatf d stnzctures shall be installed in accordance with grades and standazds as specified by the City Engineer 45 STREET LIGHTING INSTALLATI Street lighting shall be installed and sh 11 be as approved by the City Engineer Lighting fixtures shall be positioned so as to pre clude glare and other forms of visual interference to adjoining properties and shall be no higher than the maximum height permittedby the zone inwhich thesite is located 46 FIRE HYDRANT Fire hydrantsshall be located as req ured by the City and Santa Clara CountyFire Department as needed 13
U 2008 01 January 23 2009 47 GRADING Grading shall be as approved and requi red by the City Engineer in accordance with Chapter 1608 of the Cupertino Munici al Code 401 Certifications and 404 permits maybe required Please contact Army Co rp of Engineers and or RegionalWater Quality Control Board as appropriate 48 DRAINAGE Drainageshall be provided to the satisfac tion of the City Engineer Hydrology and pre and post development hydraulic calculations must be provided to indicate whether additional storm water control measures re to be constructed or renovated Thestorm drain system may include but is not limited to subsurface storage of peak stormwater flows as needed bioretention basins ve etated swales and hydrodynamic separators to reduc e the amount of runoff of thesite anc improve water quality The storm drain system shall be designed to detain water on site eg via buried pipes as necessary to avoid an increase of one percent flood water surfac e elevation of the culvert to the satisfaction of the City Engineer 49 UNDERGROUND UTILITIES The developershall comply with the requirements of the Underground Utilities Ordinance No 331 and other related Ordi iances and regulations of the City of Cupertino and shall coordinate with affected utilityroviders for installation of underground utility devices The developer shall submit detailed plans showing utility underground provisions Said plans shall be subject tc prior approval of the affected Utility provider and the City Engineer 50 IMPRO EMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fee including but not limited tochecking and inspection fees storm drain fees park de dication fees and fees for under grounding of utilities Saidagreement shall be executed prior to issuance of construction permits Fees a Checking InspectionFees 6 of Off Site Improvement Cost or 3 847 00 minimum b Grading Permit 6 of Site Improvem nt Cost or 2 239 00 minimum c Development Maintenance Deposit 2 000 00 d Storm Drainage Fee TBD e Power Cost MapChecking Fees 3 638 00 g Park Fees N A h StreetTree By Developer Based on the latest efFective PG E rateschedule approved by the PUC 14
U 2008 01 January 23 2009 Bonds a Faithful Performance Bond 100 of Off site and On site Improvements b Labor Material Bond 100 of Off site and On site Improvement c On site Grading Bond 100 r of site improvements The fees described above are imposec based upon the current fee scheduleadopted by the City Council However the fees mposed hereinmay be modified at the time of recordation of a final map or issuance c f a building permit in the event of said change or changes the fees changed at that time v ill reflect the then current fee schedule 51 TRANSFORMERS Electricaltransformers telephone vaults and similar above ground equipment enclosures shall be screened with fencing and lan3scaping or located underground such that said equipment is not visible from public stre et areas The transformer sha11 not be located in the front or side building setback area 52 BEST MANAGEMENT PRACTICES Utilize BestManagement Practices BM Ps as required by the State Water Resources Control Boardfor construction activity w uch disturbs soil BMP plans shall be included in grading and street improvement plans 53 DEDICATION OF WATERLINES The developer shall dedicate to the City 11 waterlines and appurtenances installed to City Standardsand shall reach an agreement w th California Water Services Company for water service to the subject development 54 NPDES CONSTRUCTION GENERAI PERMIT The developer must obtain a Notice of Intent NOn from the State Water Resources Control Board which encompasses preparation of a StormWater Pollution Prevention Plan SWPPP use of construction Best Mana ement Practices BMPs to control stormwater runoff quality and BMP inspection and ma ntenance 55 C 3 REQUIREMENTS The developer shall reserve a minimum of 4 of developable surface area for the placement of storm watertreatment facilities on the tentative map unless an alternative storm water treatment plan tosatisfy c 3 r quirements is approved by the City Engineer The developer must include the use ancl maintenance of site design source control and storm water treatment Best Managemen 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 c peration and maintenance of treatment BMPs are required 15
U 2008 01 January 23 2009 56 EROSION CONTROLPLAN The developer must provide an approve i erosion control plan by a Registered Civil Engineer This plan should include all erosion control measuresused to retain materials on site Erosion control notes shall be stated o i the plans 57 WORK SCHEDULE Every 6 months the developershall sub nit a work schedule to the City to show the timetable for all grading erosion control wo k in conjunction with this project 58 TRAFFICSIGNAL IMPROVEMENTS The developer shall agree to fund up to 250000 for the purpose of installing a traffic signal at Finch Avenue and Vallco Parkv ay Thedevelopershall submit a bond for this purpose which will be released 5 years from the date of project occupancy 59 TRAFFIC MITIGATION AT WOLFE ROAD AND VALLCO PARKWAY The developershall mitigate fortraffic inpacts at Vallco Parkway and Wolfe Roadby implementing one of the options stated in the Environmental ImpactReport for Main Street Cupertino per the approval of the C ityEngineer 60 TRAFFIC MITIGATION AT HO MESTEAD ROAD AND LAWRENCE EXPRESSWAY The developer shall agree to submit their fair share cost of up to 334100 to improve Homestead Road at LawrenceExpressway according tothe direction of the City Engineer The fair share contribution to he County will be dependent on the amount of tra c generated by the approved Plan In the event that a Plan is approved that has reduced tr c impacts the same formul would be used calculating thepercentage of tr c the project is adding to total rowth between background and cumulative conditions The cost shall be submitted to the County of Santa Clara in the form of a bond or cash deposit prior to the City iss building permits with the proviso that the funds be committed to this specific imprc vement in accordance of section 66000 et seq of the California Government Code 61 PEDESTRIAN CROSSWALKS The developer shall provide pedestrian cr sswalk improvements at FinchAvenue and at the project s eastern driveway Final crosswalk improvementplan shall be reviewed and approved by the City Engineer 62 BUS STOP LOCATION The developer shall improve bus stops onStevens Creek Boulevard tothe satisfaction of the City Engineer this may include con istent shelters for the bus stops but will not include duck outs or relocation of the bus tops 63 TRAFFICCONTROL PLAN The developermust submit a tra c contrc l plan by a Registered Traffic Engineerto be approved by the City The plan shall include a temporary traffic control plan for work in the 16
U 2008 01 January 23 2009 right of way as well as a routing plan for all vehicles used during construction All tr c control signs must be reviewed and appr ved by the City prior to commencement of work The City has adopted Manual on Uniforr i Traffic Control Devices MUTCD standards for all signage and striping work throughout the City 64 TRAFFIC SIGNS Traffic control signs shall be placed at loc ations specifiedby the City 65 TRAFFIC CALMING T he developershall agree to fund up t 100000 for thepurpose of mitigating traffic impacts in theadjacent neighborhoods esulting from the project for a period of 5 years following project occupancy The deve oper shall submit a bond for this purpose which will be released 5 years from the date of roject occupancy 66 BICYCLE PARKING The developer shall providebicycle park ing consistent with the City s requirements to the satisfaction of the City Engineer 67 OPERATIONS MAINTENANCE AGREEMENT The developer sha11 enter into an Operati ns Maintenance Agreement with the Cityprior to fmal occupancy The Agreement sha l include the operation and maintenance for non standardappurtenances in the public roa i right of way that may include but is not limited to sidewalk pavers andstreet lights 68 TRASH ENCLOSURES The trashenclosure plan must be de igned to the satisfaction of the Environmental Programs Manager Clearance by the Public Works Department is needed prior to obtaining a building permit 69 REFUSE TRUCK ACCESS The developer must obtain clearance froni the Environmental Programs Manager in regards to refuse truck access for theproposed de velopment 70 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 71 FIRE PROTECTION Firesprinklers shall be installed in any new construction to the approval of the City 72 SANTA CLARA WATER DISTRICT C LEAR ANCE Provide Santa Clarawater district app ova1 before recordation of the finalmap The developershall pay for and obtain Wat r District pernut for activities or modifications within the District easement or fee right o f way or affecting District facilities 17
U 2008 01 January 23 2009 73 SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits 74 SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall l e obtained from the Santa Clara CountyFire Department prior to issuance of building per nits 75 UTILITY EASEMENTS Clearance approvals from the agencies witY easements onthe property including PG E PacBell and Califomia Water Company an or equivalent agencies will be required prior to issuance of building permits 76 CALIFORNIA WATER SERVICE CO1Vr ANY CLEARANCE Provide California Water Service Company pproval before recordation of the final map The Architectural and Site Approval conditions re as follows unlessamended above SECTION III CONDITIONS ADMINISTEREI BY THE COMMUNITY DEVELOPMENT DEPT 1 APPROVED EXHIBITS The approval isbased on Exhibits titled Main Street Cupertino Zoning Permit Package consisting of 115 pages labeled Title Sheet AO through A53 Landscape Plan A and C0 0 through C5 3 parking garage elev itions tree disposition plan section drawings updated site plan and option plans e cept as may be amended by the conditions contained in this resolution 2 DEVELOPMENT A PPROVAL Approval of a Master Use Permit is granted for a period of five 5 years following issuance of the Master Use Permit to allov the construction of interchangeable mixed use development options in accordance with the approved exhibits consisting of a 4 story 160 unit senior housing building up to a 5 story 250 room hotel up to 150 00 square feet of retail shops up to 9 000 square fee of ground floor parking garage area converted to future retail shop area up to a 145000 square foot athleticclub or up to an additional 36 000 square feet of retail shop area and an additional 162 surface parking spaces at the northwest corner of Stevens Creek Boulev rd and N Tantau Avenue 100000 square foot office building a 5 level 1 288 space paiking garage and 4acres of public open space consisting of a town square plazaareas park andgreen landscaped area The ground floor level of the office building and ser ior housing building will accommodate retail shops facing the town square Scheme A OR the followin additional o tions Senior Housin 160 units Hotel 3 stories 150 rooms U to 5 stories 250 rooms 18
U 2008 01 January 23 2009 Athletic Club 145000 sf 30 000 sf majorretail building and 6 000 sf adj acent retaiUresta urant building area and additional 162 surface arkin s aces Parking Garage 1 288 spaces Conversion of 9 000 sf along Vallco Parkway for conversion to future additional retail shop area with loss of 43 pazking s aces Retail 127789 square feet Up to 22 211 square feet of additional retail sho area for a total of 150000 s uare feet Office 100000 s uare feet Public Open 4 acres S ace 3 TENTATIVE MA Approval of a Tentative Map is grantec to subdivide the properiy from threeparcels into five parcels in accordance with the Te ntativeMap submitted in the approved e chibits except as amended by the conditions co ltained in this resolution 4 COVENANT OF RECIPROCAL INGRESS EGRESS EASEMENT The applicant shall record a deed restriction for necessary reciprocal ingress and egress easements between each lot created b the new development The applicant shall also recordappropriate deed restrictions for necessary reciprocal ingress and egress easements betweenthe adjacent properties to the vest to be implemented at such time that the City can require the same of adjacent prcpertyowners The easement language sha11 be reviewed and approved by the City Attorney The covenant of easement shall be recorded prior to final map approval 5 PUBLIC PEDESTRIAN EASEMENT Public access pedestrian easements thr ugh the interior pedestrian paths and plazas the town square and park area shall be recluired The easement language shall be reviewed and approved by the City Attorney priol to recordation of the easement on the project site with the final map approval 6 COVENANTS CONDITIONS AND ESTRICTIONS The project CC Rs shall be reviewed and approved by the City Attorney prior to recordation with the final map approva The conditions of approval for the project sha11 also be recorded onthe properties and ir corporated into the CC Rs 7 JOINT USE AGREEMENT Prior to recordation of the final map heapplicant shall submit a joint use agreement between the City and the applicant to b reviewed by the City Attorney and the Director of Parks and Recreation and approved hy the City Council which permits the City to use the town square and park area for publi use for community events or other similar City approved events or activities such as but not be limited to a farmers market holiday 19
U 2008 01 January 23 2009 activities and summer events The joint use agreement shall be recorded and incorporated into the Covenants Conditio is and Restrictions CC Rs of the project site The joint use agreement sha11 govem th public useprogrammingpublic access and percentage of time available for the allov able public activities and events for which the town square and park may be used The agreement shall also make available publicly identifiable restroom facilities for public use during normal business hours No structures will be constructed on the town square are without the approval of the City of Cupertino The programming provisions of the joint use agreement shall be administered between the applicant and the Parksand Recreation Department 8 GROUND FLOOR RETAIL Prior to issuance of building permits thf applicant shall demonstratethe ground floor retail functionality for buildings proposed at heights over 45 feet in accordance with the City s General Plan to the satisfaction of the Director of Community Development The ground floor retail shall be of substant al and appropriate size to accommodate the functionality of retail uses The build ug frontages of all buildings facing the town square including the senior housing buil3ing the retail shops and the office building shall have ground floor retail as illustrat d by theplans in the approved exhibits The athletic club shall provide a floor plan to iemonstrate the inclusion of ground floor retail along at least 10 percent of the ground floc r 9 DISCLOSURE CLAUSE TO THE FUT URE PROPERTY OWNERS The applicant developer shall inform the future owners through the Covenants Conditions and Restrictions CC Rs of the surrounding projects The CC R language shall be reviewed and approved by the Cir prior to issuance of building permits 10 BELOW MARKET RATE HOUSING ROGRAM The applicantshall either participate in t ie City s Below Market Rate BMR Housing program by dedicating 15 of the total n amber of senior housingunits at below market rates orobtain an alternative approval by the City Council to meet objective of the Below Mazket Rate Housing Program The Hou ing Commission shall suggest alternatives for the City Council to consider to meet tris requirement Fordedication of any senior housing units at below market rates the a plicant sliall record a covenant which shall be subject to review and approvalby the Cit Attorney to be recorded prior to issuance of building permits for the planned senior hoiising building 11 MITIGATION MONITORING AND REPORTING PROGRAM The project shall adhere to all of the mitigation measures identified in the Mitigation Monitoring and Reporting Program MMRP of the Environmental Impact Report prepared by David J Powers and Associatf s datedJanuary 2009 12 DEVELOPMENT ALLOCATION The applicant shall receive an allocation oj up to 150000 square feet of retail commercial square footage up to 98 800 square feet c f commercial for the athleticclub or up to an additional 36 000 square feet of retail comnercial square footage for the northwest corner 20
U 2008 01 January 23 2009 of Stevens Creek Boulevard and N T ntau Avenue 160 units of residential units for the senior housing and up to 250 hotel r oms depending on the build out options chosen The applicant is also authorized up to 100000 square feet of office space 13 CONSTRUCTION PROJECT PHA 3ING The applicant shall prepare a construct on phasing schedule demonstrating completion of the project within 5 years of this appro al The construction phasing schedule shall detail critical milestones of the constructic n Critical milestones of the construction shall includebutnot be limited to the following e The town square park azea and the four retail buildings adjacent to the town square and directly fronting Stevens Creek Boulevard the street and pedestrian infrastructure around these portions of the project site and sufficient parking to support these uses shall be constructedtogether as part of the first development phase if the project is developed in phases f The major retail tenant buildings the mixed use office and reta il building senior housing hotel athleticclub and parking garage may be developed following the first development phase of the project g Adequate parking shall be providecl onthe project site during phased development of the project The applicant will be requiredto demonstrate to the satisfaction of the Director of Community Developinent that adequate parking is provided for the development of each building on si e 14 PARKING The applicant shall comply with the niinimum parking requirements for the project per the parking analysis in the Transportation Impact Analysis prepared by Fehr and Peers datedSeptember 5 2008 and incorpor ted into the Environmental Impact Report The applicant shall also comply with the svTales and permeable surfaces requirement Section 19 100040 0 of the City s Parking R gulations 15 PARKING LOT LIGHTING Lighting in the parking lots shall be approved by the Director of Community Development for compliance with ap licable regulations prior to issuance of building permits 16 BUILDING PERMIT APPROVAL The Director of Community Development shall review the final building permits for full conformance with this approval and the design approval prior to issuance of building permits 17 SIDEWALKS CROSSWALKS h The final sidewalkplan shall be re quired to be reviewed and approved by the City prior to the final map i The applicant sha11 provide decorative crosswalks with decorative precast concrete pavers across Vallco Parkway N 7 antau Avenue andStevens Creek Boulevard The 21
U 2008 01 January 23 2009 decorative pavement materials shall be reviewed and approved by the Director of Community Development and the Pu lic Works Deparhnent and shall be consistent with the recommendation of the traf ic analysis prepared by Fehr and Peers in the Transportation ImpactAnalysis dated September 5 2008 on p 48 18SIGNAGE Signage is not approved with this applicsition Signage shall conform to the City s Sign Ordinance Heart of the City Specific Pl n and South Vallco Master Plan Prior to final occupancy and approval of any individu l signs on site a detailed master sign program shall be submitted for review and approval by the Design Review Committee 19 ARCHITECTURAL AND SITE APPR VAL A The building and architecture sha11 sut stantially conform to the elevations and details as shown in the approved exhibits un ess otherwise noted below Prior to issuance of building permits the applicant shall be required to obtain approval of separate Architectural and Site Approval applic ation s for each of the buildings on the project site Building colors and materials shall be reviewed and approved in conjunction with the Architectural and S ite Appro al 3 For buildings in which full ele rations have been provided in the approved exhibits the applicant shall be requiredto obtain approval of Architectural and Site Approval applications by the I esign Review Committee 4 For buildings inwhich full elevations have not been provided in the approved e chibits such as the athletic cliib the applicant shall be required to obtain approval of Architectural and Site Approval applications by the City Council B The applicant shall address the following issues as part of the sepazate Architectural and Site Approvals Town Square 7 The town square area shall be desi gned as a flexible public areaspace thatmay be expanded or shifted by the tem orary closure of one or more of the surrounding Finch Avenue private drive streets 8 The town square area will be c eveloped to be flush with the grade of the surrounding Finch Avenue pr vate drive streets to allow for a seamless expansion or shifting of the town s uare azea 9 The applicant shall provide decor tive semi pervious pavement treatment in the town square and plaza areas to t e reviewed and approved by the Director of CommunityDevelopment 10 Parking onthe circular Finch Avenue private drive streets shall be delineatedby decorative semi pervious paving rather than painted stripes 11Final design and landscape of t he town squarearea shall be reviewed and approved by the Design Review Cc mmittee 12 Temporary closure of any portion of the private drive streets including methods used to temporarily close the street s will require approval of the Director of CommunityDevelopment 22
U 2008 01 January 23 2009 Corner Buildin Any building s proposed at the noithwest comer of Stevens Creek Boulevard and N TantauAvenueshall have prominetit architectural design enhancements to emphasize the importance of this corner as the astern gateway entry to the City including 5 Identifiable street frontage publ ic entrances along Stevens Creek Boulevard and N Tanta Avenue 6 Glass storefronts to allow for thE visibility of activities along thestreet frontages 7 Interesting and unique azchitect zral features to enhance the gateway entrance into the City Cupertino 8 Corner building architectural an i site features Street Furniture The applicant shall provide street furniture along Stevens Creek Boulevard and Vallco Parkway Prior to the issuance of building pemuts for Phase 1 of the project the street fiuniture shall be reviewed an i approved by the Design Review Committee Plaza Area The applicant shall modify the sq are parking plaza area tothe east of the town squarearea to a be a more standard linear street that allowsfor outdoor pedestrian plaza space adjacent to the surroun iing retail shop areas and 90 degree angled street parking G ara e 4 T he parking garage shall be designed and constructed to a11ow conversion of the ground floor area along Vallco F arkway to retail shop areas 5 T he parking garage shall pro ide architectural details and designs along the ground floor facing Vallco Par way to promote pedestrian orientation along the street 6 When the ground floor of the p rking garage is converted to retail shop area the ground floor area shall have stor front windows facing Vallco Parkway 20 GATEWAY ENTRY The applicant shall be requiredto con truct and install a gateway entry feature on the northwest corner of Stevens Creek Fsoulevard and N Tantau Avenue that will be consistent with the policies of the Ge leral Plan and South Vallco Master Plan The gateway entry feature shall be a prc minent design thatmay fulfill the public art requirement and could include a decorative monument feature that spans over Stevens Creek Boulevard orvertical structw al elements on both sides of Stevens Creek Boulevard and onthe medianto ann unce entry Also this corner shall include a community banner and enhanced pe iestrian crossings thatmay include crosswalk lighting special paving materials and or prominent art or architectural feature announcing the entry to the City such as a wroughi iron element subject to review and approval by the City Council Z3
U 2008 01 January 23 2009 21 LANDSCAPE PLAN The applicant shall submit detailedland cape and irrigation plans to be reviewed and approved by the Design Review Commi tee prior to issuance of buildingpernuts The landscape plan shall provide the following 1 The landscape plan shall include wate conservation and pesticide reduction measures in conformance with Chapter 1415 x eriscape Landscaping and the pesticide control measures referenced in Chapter 9 18 tormwater Pollution Prevention and Watershed Protection of the Cupertino Municipai Code d Landscaping along 5tevens Creek Bc ulevard and N Tantau Avenue in accordance with the streetscape design requiremer ts of the Heart of the City Specific Plan e Planting of two specimenoak trees flanking entrance to the development on the comer of Stevens Creek Boulevard and Finch Avenue as replacements for the removal of the existing dead specimen oak tree 22 TREE REMOVAL a The applicarit is approved toremove total of up to 84 trees and relocate 13 trees on site per Option A in accordance witb the Ciiy Arborist s report prepared by David Babby anddated April 30 2008 Al hough the applicant is requesting approvalto remove thesetrees in accordance with the City Arborist s recommendation the intent is to retain as many of the existing per meter streettrees for the remaining life of such trees where they are not considered de d or do not requireimmediate removal b The Aleppo Pinetree Tree No 113 s iall be preserved on site c For any trees that are removed due to hazardous conditions are considered dead or die as a result of relocation the applicant shall be required to replace these trees in accordance with the City s Protected Trees Ordinance d For any trees that require removal du to constructionplandrawing changes andlor construction activity the applicant sh ll obtain a tree removal permit in accordance with the Protected Trees Ordinance 23 TREE REPLACEMENTS Final approval of the required tree replacments shall be reviewed and approved by the Design Review Committee in accordance Nith the City s Protected Trees Ordinance The applicant may be able to reduce the number of replacement trees on site if larger size trees are proposed in accordance with th tree replacement standards of the ordinance For any additional trees that are removed due to hazardous conditions or are considered dead the applicant shall be required tc replace these trees in accordance with the Protected Trees Ordinance Species and s ze of replacement trees shall be reviewed and approved by the Community Development Director 24 TREE PROTECTION As part of the building permit drawings a tree protectionplan shall be prepared by a certi ed azborist for the trees to be retaine i The applicant shall be requiredto install tree protection measures before and during development in accordance with the City Arborist s report dated April 30 2008 anc in accordance with requirements of the Public 24
iJ 2008 01 January 23 2009 Works Department for the preservatior of existing street trees In addition the following measures shall be added to the protectic n plan A For trees to be retained chair link fencing and other root protection sha11 be installed around the dripline of the lree prior to any project site work B No parking orvehicleparking shall be allowed under root zones unless using buffers approved by the project arbc rist C No trenching within the critical root zone area is allowed If trenching is needed in the vicinity of trees to be retained the City Arborist shall be consulted before any trenchingor root cutting beneath th dripline of the tree D Tree protectionconditions shall be postedonthe tree protection barriers E Retained trees shall be watered o maintain them in good health 25 TREE PROTECTION BOND The applicant shall provide a tree prot ction bond in an amountdetermined by the City Arborist to ensure protection of trees s ated for preservation prior to issuance of grading demolition or building permits Thf bond shall be returned after completion of construction subjectto a letter from th City Arborist indicating that the trees are in good condition 26 TREE REPLACEMENT IN LIEU F EE The applicant shall pay an in lieu fe in accordance with the City s Protected Trees Ordinance for any trees that cannot be r placed on site 27 HEART OF THE CITY DESIGN GIIIDELINES A The project shall comply with the eart of the City design guidelines in effect at the time of project approval B If any portions of the buildings on the Master Use Permit site plan do not meet the minimum setbacks per the Heart of the City Specific or Conceptual Plan the applicant musteither modify the building setback as part of the Architectural andSite Approval for the building or obtain approval of an Exceptionapplication to the Heart of the City Specific or Conceptual P lan 28 SOUTH VALLCO MASTER PLAN The project shall comply with the South Vallco Master Plan Prior to release of building perxnits for Phase 1 of the project the f nal boulevardplan along Vallco Parkway sha11 be reviewed and approvedby the City Co uicil The applicant shall makereasonable efforts to contact adjacent property owners toshow improvement plans including but not limited to the specific lighting sidewalk furni ure and landscaping treatments to be consistent with the vision of the South Vallco Master Plan 29 CREEK TRAIL IMPROVEMENTS The applicant shall contribute an amoutit not to exceed 65 000 to the improvements of a trail connection along Calabazas Creek fromVallco Parkwayto I 280 This contribution shall be used by the City to admiriister a creek trail plan and necessary approvals and 25
U 2008 01 January 23 2009 improvements If thisfund is not used wi hin five years of the project completion then it shall be returned to the applicant 30 PARK AREA ALONG METROPOLIT A 4 acre park area shall be maintained long the western property line adjacent to the Metropolitan mixed use development Tr e design of the park area including designs for crash resistant fencing materials adjacent to vehicular traffic areasshall include butnot be limited to passive recreation apparatuse s such as a tot lot and sitting areas The Parks and Recreation Commission shall rf view the park design and shall refer its recommendation to the City Council fo review and approval Thegreen space park buffer shall be installed prior to issuance of building occupancy pemuts 31 SECURITY PLAN FOR PARKING GA RAGE The applicant shalldevelop a compre iensive private security plan for the entire development encompassing patrol hours manning levels and frequency closed circuit cameras in the parking garage and adequate lighting levels The plan shall be prepared by the applicant and approved by the Sheriffl Department prior to final occupancy 32 PARKING GARAGE NOISE MITIGA The parking garage floors shall be treatedl oated with materials as deemed appropriate by the City to lessen the noise impacts of vehicle movements 33 RESTAURANT ODOR ABATEMENT All restaurants shall install odor abaten ent systems to be incorporated into the air handling systems to reduce the odor impact from the restaurants to the adjacent community Detailed plans shall be eviewed and approvedby the Community DevelopmentDepartment prior to issuance of building permits 34 SCREENING All mechanical and otherequipment on tlie buildings andsite shall be screened so they are not visible from public street at eas or adj oining developments Screening materials colors shall match building features and materials The height of the screening sha11 be taller than the height of the mecr anical equipmentthat it is designed toscreen The location of equipment and necessary s reening shall be reviewed and approved by the Director of Community Developmentprior to issuance of building permits 35 TRASH AND DELIVERY ACTIVITIE C A detailedrefuge and truckdelivery plin must be prepared by the applicant The plan shall specifylocations of trash facilities refuge pick up schedules and truck delivery schedules and routes All trash facilities must be screened and enclosed to the satisfaction of the Public WorksDepartment The final plan shall be submittedto the Cityfor review and approval prior to is uance of building permits D All deliveries shall comply with the rutigation measures provided in the Mitigation Monitoring and Reporting Program repared by David J Powers and Associates datedJanuary 2009 26
U 2008 01 January 23 2009 36 CONSTRUCTION MANAGEMEl i I PLAN A construction management plan shall e prepared by the applicant and approved by staff prior to issuance of buildingpermits Sta ging of construction and equipment shall not occur within 250feet of any residen ial property The applicant shall also provide a construction manager hotline phone n unber for residents of theadjacent Metropolitan condominiumcomplex to call for con truction related activities on the project site The hotline number shall also be postecl onthe project site and at the Metropolitan condominium complex Said construction management plan shall also provide the following A Construction Vehicle Access and Rc uting B Construction Equipment Staging Arf a C Dust Control Best Management Pra tices D Hours of Operation E Street Cleaning Schedule and Program 37 GREEN BUILDING The applicant shall obtain LEED Silver certification designation for the hotel office and seniorhousing buildings in accordance with the U S Green Building Council standards and the City s Green Building policies The applicant shall also design the athletic club if developed and retail buildingstc LEED certification standards but will not be required to certify these buildings as I EED certified The applicant shall also provide solar hot water heating for any pools pr vided on the project site 38 MAINTENANCE AGREEMENT E The applicant shall create an Imprc vement and Maintenance District to maintain the sidewalks and landscaped park strips along Vallco Parkway N Tantau Avenue and Stevens Creek Boulevard directly adjacent to the subject project site Said district shall be part of the Covenants Cc des and Restrictions of the project and shall be reviewed and approved by the City ttorney prior to approval of the final map F The applicant shall record a maintenance agreement subjectto the approval of the City Attorney for the maintenance f the shared driveways by the property owners of each of the lots 39 TRANSPORTATION DEMAND MA NAGEMENT The applicant shall commit to impl menting a transportation demand management TDM plan incorporating solutions as indicated in the MitigationMonitoring and Reporting MMR Program prepared t y David J Powers and Associates dated January 2009 that may include parking cash out and eco passes for employeesvalet for customers and off site parking options The TD vI plan including the projected funding shall be reviewed and approved by the Design Review Committee prior to issuance of building permits 27
U 2008 01 January 23 2009 40 DEMOLITION REOUIREMENTS All demolished building andsitemateri als shall be recycled to the maximum extent feasible subject to the Building O cia The applicant shall provide evidence that materials will be recycled prior to issuanc of final demolition permits 41 NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval se forth herein may include certain fees dedication requirements reservation requirements and other exactions Pursuant to Government Code Section 66020 d 1 hese Conditions constitute written notice of a statement of the amount of such fees and a description of the dedications reservations and other exactionsYou ae hereby further notified that the 90 day approval period in which you may protest these fees dedications reservations and other exactions pursuant to Government ode Section 66020 a has begun If you fail to file a protest within this 90 clay period complying with all of the requirements of Section 66020 you will be legally barred from later challenging such exactions 42 PUBLIC ART The applicant shall provide public art in ac cordance with GeneralPlan policy 2 66 Public art selection will be reviewf d by the Fine ArtsCommission SECTION IV CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT 43 STREET WIDENING Public street widening and dedicationsshall be provided in accordance with City Standards and specifications and as requirf d by the City Engineer 44 CURB AND GUTTER IMPROVEMEI Curbs and gutters sidewalks and related tructures shall be installed in accordance with grades andstandards as specified by the City Engineer 45 STREET LIGHTING INSTALLATIOIv Street lighting shall be installed and shall be as approved by the City Engineer Lighting fixtures shall be positioned so as to preclL de glare and other forms of visual interference to adjoining properties and shall be no hi her thanthe maximum heightpermitted by the zone in which thesite is located 46 FIRE HYDRANT Fire hydrants shall be located as requirE d by the City and Santa Clara CountyFire Department as needed 47 GRADING Grading shall be as approved and requ v ed by the City Engineer in accordance with Chapter 1608 of the Cupertino Munici al Code 401 Certifications and404 permits 28
U 2D08 01 January 23 2009 maybe required Please contact Army orp of Engineers and or Regional Water Quality Control Board as appropriate 48 DRAINAGE Drainageshall be provided to the satisfaction of the City Engineer Hydrology and pre and post development hydraulic calculations must be provided to indicatewhether additional stormwater control measur s are to be constructed orrenovated The storm drain system may include but is not l imited to subsurface storage of peak stormwater flows as needed bioretention basins vegetated swales and hydrodynamic separators to reducethe amount of runoff of the site nd improve water quality The storm drain system shall be designed todetain water on si e eg via buried pipes as necessary to avoid an increase of one percent flood water sw face elevation of the culvert to the satisfaction of the City Engineer 49 UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No 331 and other related O dinances and regulations of the City of Cupertino and shall coordinate with affected utili y providers for installation of underground utility devices Thedeveloper shall subniit detailed plans showing utility underground provisions Said plans shall be subjec to prior approval of the affected Utility provider and the City Engineer 50 IMPROVEMENT AGREEMENT The project developer sha11 enter into a development agreement with the City of Cupertino providing for payment of ees including butnot limited to checking and inspection fees storm drain fees park dedication fees and fees for under grounding of utilities Saidagreement shall be executed prior to issuance of constructionpermits Fees a Checking InspectionFees 6 of Off Site Improvement Cost or 3 847 00 minimum b Grading Permit 6 of Site Improv ment Cost or 2 239 00 minimum c Development Maintenance Deposit 2 000 00 d StormDrainage Fee TBD e Power Cost f Map Checking Fees 3 638 00 g Park Fees N A h Street Tree By Developer Based on thelatest effective PG iE rate schedule approvedby the PUC Bonds d Faithful Performance Bond 100 of Off site and On site Improvements e Labor Material Bond 100 of Off site and On site Improvement f On site Grading Bond 100 of site improvements 29
U 2008 01 January 23 2009 The fees described above are imposed based upon the current fee schedule adopted by the City Council However the fees im osed herein may be modified at the time of recordation of a final map or issuance of i building permit in the event of said change or changes the fees changed at that time will reflect the thencurrent fee schedule 51 TRANSFORMERS Electrical transformers telephone vaults at d similar above ground equipment enclosures shall be screened with fencing and lands aping or located underground such that said equipment is not visiblefrom public street areas The transformer shall not be located in the front or side building setback area 52 BEST MANAGEMENT PRACTICES Utilize BestManagement Practices BMP as required by the State Water Resources Control Board for construction activity wtuch disturbs soil BMP plans sha11 be included in grading andstreet improvement plans 53 DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines andappurtenances installed to City Standards and shall reach an agreement wit i California Water Services Company for water service to thesubject development 54 NPDES CONSTRUCTION GENERAL PERMIT The developermustobtain a Notice of IZtent NOI from the State Water Resources Control Board which encompasses preparat on 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 mai itenance 55 C 3 REQUIREMENTS The developer sha11 reserve a minunum of 4 of developable surface area for the placement of storm water treatment facilities on the tentative map unlessan alternative stormwatertreatment plan tosatisfy c 3 reqt irements is approved by the City Engineer The developermust include the use and niaintenance of site design source control and storm water treatment Best Management Practices BMPs which must be designed per approved numericsizing criteria A Stc rm WaterManagement Plan Storm Water Facilities Easement Agreement Storm Jater Facilities Operation and Maintenance Agreement and certification of ongoing ope ration and maintenance of treatment BMPs are required 30
U 2008 01 January 23 2009 56 EROSION CONTROLPLAN The deveLoper must provide an appro aed erosion control planby a Registered Civil Engineer This plan should include all ei osion control measures used to retainmaterials on site Erosion control notes shall bestated on the plans 57 WORK SCHEDULE Every 6 months the developershall s zbmit a work schedule to the City toshow the timetable for all grading erosion control vork in conjunction with this project 58 TRAFFIC SIGNAL IMPROVEMENT The developer shall agree to fund up o 250000 for the purpose of installing a traffic signal at Finch Avenue and Va11co Parkway The developer shall submit a bond for this purpose which will be released 5 years rom the date of project occupancy 59 TRAFFIC MITIGATION AT WOLFE ROAD AND VALLCO PARKWAY The developer shall mitigate for traffi impacts at Vallco Parkway and Wolfe Road by implementing one of the options state d in the Environmental ImpactReport for Main Street Cupertino per the approval of the City Engineer 60 TRAFFIC MITIGATION AT OMESTEAD ROAD AND LAWRENCE EXPRESSWAY The developer shall agree to submit ttieir fair share cost of up to 334100 to improve HomesteadRoad at Lawrence Exprf ssway according to the direction of the City Engineer The fair share contribution to the County will be dependent on the amount of traffic generated by the approved Plati In the event that a Plan is approved that has reduced traffic impacts the same form ula would be used calculating thepercentage of traffic the project is adding to total growth between background and cumulative conditions The cost shall be submitted to the County of Santa Clara in the form of a bond or cash deposit prior to the City i ssuing building permitswith the proviso that the funds be committed to thisspecific im rovement in accordance of section66000 et seq of the California Government Code 61 PEDESTRIAN CROSSWALKS The developer shall provide pedestrian crosswalkimprovements at Finch Avenue and at the project s eastern driveway Final c osswalk improvement plan shall be reviewed and approved by the City Engineer 62 BUS STOP LOCATION The developershall improve busstopson Stevens Creek Boulevard to the satisfaction of the City Engineer this may include a nsistent shelters for the bus stops but will not include duck outs or relocation of the blis stops 63 TRAFFIC CONTROL PLAN The developermust submit a tr c control plan by a Registered Traffic Engineer to be approved by the City The plan shall incli dea temporary traffic control plan for work in the 31
U 2008 01 January 23 2009 right of way as well as a routing plan for z 11 vehicles used during construction All traffic control signs must be reviewed and approv d by the City prior to commencement of work The City has adopted Manual on Uniform 7 r c Control Devices MUTCD standards for all signage and striping work throughout the City 64 TRAFFIC SIGNS Traffic control signs shall be placed at locat ons specified by the City 65 TRAFFIC CALMING The developer shall agree to fund up to 6100 000 for the purpose of mitigating traffic impacts in theadjacent neighborhoods res ilting from the project for a period of 5 years following project occupancy The develo er shall submit a bond for this purpose which will be released 5 years from the date of pro ect occupancy 66 BICYCLE PARKING The developer shall providebicycle pazkin consistent with the City s requirements to the satisfaction of the City Engineer 67 OPERATIONS MAINTENANCE AGI tEEMENT The developer shall enter into an Operation Maintenance Agreement with the Cityprior to final occupancy The Agreement shall i lclude the operation and maintenance for non standardappurtenances in the public road ri ght of way that may include but is not limited to sidewalk pavers andstreet lights 68 TRASH ENCLOSURES The trash enclosure plan must be desig ied to the satisfaction of the Environmental Programs Manager Clearance by the Public Works Department is needed prior to obtaining a building permit 69 REFUSE TRUCK ACCESS The developer must obtain clearance from ttie Environmental Programs Manager in regards to refuse truck access for the proposed devel pment 70 STREET TREES Street trees shall be planted within the Publi R ight of Way and sha11 be of a typeapproved by the Cityin accordance with Ordinance Nc 125 71 FIRE PROTECTION Fire sprinklers shall be installed in any new c onstruction to the approval of the City 72SANTA CLARA WATER DISTRICT CL ARANCE Provide Santa Clara water district approval before recordation of the finalmap The developer shall pay for and obtainWater Districtpermit for activities or modifications within the District easement or fee right of way oraffecting District facilities 32
U 2008 01 January 23 2009 73 SANITARY DISTRICT A letter of clearanee for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits 74 SANTA CLARA COUNTY FIRE DEPA RTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building p rmits 75 UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property including PG E PacBell and California Water Company ndJor equivalent agencies will be required prior to issuance of buildingpermits 76 CALIFORNIA WATER SERVICE CO VIPANY CLEARANCE Provide California Water ServiceCompan approval before recordation of the final map The Tentative Map conditions are as follows unless amended above SECTION III CONDITIONS ADMIl TISTER BY THECOMMLJNITY DEVELOPMENT DEPT 1 APPROVED EXHIBITS The approval is based on Exhibits titled Main Street Cupertino ZoningPermit Package consisting of 115 pages labeled Title Sheet AO through A53 Landscape Plan A and C0 0 through C5 3 parking garage el vations tree disposition plan section drawings updated site plan and option plans except as may be amended by the conditions contained in this resolution 2 DEVELOPMENT APPROVAL Approval of a Master Use Permit is ranted for a period of five 5 years following issuance of the Master Use Permit to allow the construction of interchangeable mixed use development options in accordance wi h the approved e ibits consisting of a 4 story 160 unit seniorhousing building up tc a 5 story 250 room hotel up to 150 00 square feet of retailshops up to 9 000 square feet of ground floor parking garage area converted tofuture retail shop area up to a 145 Oi 0 square foot athletic clubor up to an additional 36 000 square feet of retail shop area arid an additional 162 surface parking spaces at the northwest corner of Stevens Creek Boul vard and N Tantau Avenue 100000 square foot office building a 5 level 1 288 space arking garage and 4 acres of public open space consisting of a town square plazaareas park andgreenlandscaped area The ground floor level of the officebuilding and cenior housing building will accommodate retail shops facing the town square Scheme A OR the followin additional o tions 33
U 2008 01 January 23 2009 Senior Housin 160 units Hotel 3 stories 150 rooms U to 5 stories 250 rooms Athletic Club 145000 sf 30 000 sf major retail building and 6 000 sf adj acent retaiUrestaurant building area and additional 162 surface arkin s aces Parking Garage 1 288 spaces Conversion of 9 000 sf along Vallco Parkway for conversionto future additional retail shop area with loss of 43 parking s aces Retail 127789 square feet Up to 22 211 square feet of additional retail sho area for a total of 150000 s uare feet Office 100000 s uare feet Public Open 4 acres S ace 3 TENTATIVE MAP Approval of a Tentative Map is granted t subdivide the property from three parcels into five parcels in accordance with the Tentative Map submitted in the approved exhibits except as amended by the conditions cont iined in this resolution 4 COVENANT OF RECIPROCAL INGI tESS EGRESS EASEMENT The applicant shallrecord a deed restricl ion for necessary reciprocal ingress and egress easements between each lot created by 1he new development The applicant shall also recordappropriate deed restrictions for ne cessary reciprocal ingress and egress easements betweentheadjacent properties to the west to be implemented at such time that the City can require the same of adjacent propE rty owners The easement language shall be reviewed and approved by the City Attorney Thecovenant of easement shall be recorded prior to final map approval 5 PUBLIC PEDESTRIAN EASEMENT Public access pedestrian easements through the interior pedestrian paths and plazas the town square and park area shall be requ red The easement language shall be reviewed and approved by the City Attorney prior t recordation of the easement on the project site with the final map approval 6 COVENANTS CONDITIONS AND RE STRICTIONS The project CC Rs sha11 be reviewed and approved by the City Attorney prior to recordation with the final map approval I he conditions of approval for the project shall also be recorded on the properties and incc rporated into the CC Rs 7 JOINT USE AGREEMENT Prior to recordation of the finalmap th applicant shall submit a joint use agreement between the City and the applicant to be eviewed by the City Attorney and the Director of Parks and Recreation and approved by the City Council which permits the City to use the town squareand pazk area for public iise for community events orother similar City 34
U 2 008 01 January 23 2009 approved events or activities such as butnot be limited to a farmers market holiday activities and suminer events Th j oint use agreement shall be recorded and incorporated into the Covenants Condi ions and Restrictions CC Rs of the project site The joint use agreement shall govern the public use programmingpublic access and percentage of time available for the allowable public activities and events forwhich the town square and park may be used 11e agreement shall alsomake available publicly identifiable restroom facilities for publi use during normal business hours No structures will be constructedon the town square rea without the approval of the City of Cupertino The programmingprovisions of the joint use agreement shall be administered between the applicant and the Parks and Recreati on Department 8 GROUND FLOOR RETAIL Prior toissuance of buildingpernuts the applicant shall demonstratethe ground floor retail functionality for buildings propo ed at heights over 45 feet in accordance with the City s General Plan to the satisfaction of the Director of Community Development The ground floor retail shall be of subst ntial and appropriate size to accommodate the functionality of retail uses The buil ing frontages of all buildingsfacing the town square including the senior housing b ilding the retail shops and the office building shall have ground floor retail as illust ated by the plans in the approved exhibits The athleticclub shall provide a floor plan o demonstrate the inclusion of ground floor retail along at least 10 percent of the ground f loor 9 DISCLOSURE CLAUSETO THE Fi TURE PROPERTY OWNERS The applicantldeveloper sha11 inforni the future owners through the Covenants Conditions and Restrictions CC Rs f the surrounding projects The CC R language shall be reviewed and approved by the C ity prior to issuance of building perxnits 10 BELOW MARKET RATE HOUSIN i PROGRAM The applicant shalleither participate ir the City s Below Market Rate BMR Housing program by dedicating 15 of the total number of senior housing units at below market rates or obtain an alternative approval by the City Council to meet objective of the Below Market Rate Housing Program The H using Commission shall suggest alternatives for the City Council to consider to meet this requirement For dedication of any senior housing units at below market rates the applicant shall record a covenant which shall be subject to review and approval by the t ity Attorney to be recorded prior to issuance of building permits for the planned senior 1 ousing building 11 MITIGATION MONITORING AND REPORTINGPROGRAM The project shall adhere to all of the mitigation measures identified in the Mitigation Monitoring and Reporting Program MMRP of the Environmental ImpactReport prepared by David J Powers and Associates dated January 2009 12 DEVELOPMENT ALLOCATION The applicant shall receive an allocation of upto 150000 squaze feet of retail commercial square footage up to 98 800 square fee t of commercial for the athletic club or up to an 35
U 2008 01 January 23 2009 additional 36 000 square feet of retail commercial square footage for the northwest corner of Stevens Creek Boulevard and N Tanta Avenue 160 units of residential units for the senior housing and up to 250 hotel roon s dependingon the build outoptions chosen The applicant isalso authorized up to 100 00 square feet of office space 13 CONSTRUCTION PROJECT PHASIN The applicant shall prepare a construction phasing schedule demonstrating completion of the project within 5 years of this approval The construction phasing schedule shall detail critical milestones of the constructionCritical milestones of the construction shall include but not be limited to the following e The town square parkarea and the fc ur retail buildings adjacent to the town square and directlyfronting Stevens Creek Boulevard the streetand pedestrian infrastructure around these portions of the project site and sufficient pazking to support these uses shall be constructed together as part of the first developmentphase if the project is developed in phases f The major retail tenant buildings thf mixed use office and retail building senior housing hotel athletic elub and parkir g garage may be developed following the first development phase of the project g Adequate parking shall be provided on the project site during phased development of the project The applicant will be rec uired to demonstrate to the satisfaction of the Director of Community Developmentthat adequate parking is provided for the development of each building on site 14 PARKING The applicant shall comply with the mininum parking requirements for the project per the parking analysis in the Transportation Impact Analysis prepared by Fehr and Peers dated September 5 2008 and incorporatec into the Environmental Impact Report The applicant shall also comply with theswale and permeable surfaces requirement Section 19 100040 0 of the City s Parking Regu ations 15 PARKING LOT LIGHTING Lighting in the parking lotsshall be approved by the Director of Community Development for compliance with applic ble regulations prior to issuance of building pernuts 16 BUILDING PERMIT APPROVAL The Director of Community Development shall review the final building permits for full conformance with this approval and the ciesign approval prior to issuance of building permits 17 SIDEWALKS CROSSWALKS h The final sidewalk plan shall be requi red to be reviewed and approved by the City prior to the finalmap 36
U 2008 01 January 23 2009 i The applicant shall provide decora ive crosswalks with decorative precast concrete pavers across Vallco Parkway N Tantau Avenue and Stevens Creek Boulevard The decorativepavement materials shall be reviewed and approved by the Director of Community Development and the F ublic Works Department and shall be consistent with the recommendation of the tr ffic analysis prepazed by Fehr and Peers in the TransportationImpact Analysis dated September 5 2008on p 48 18 SIGNAGE Signage is not approved with this appl cation Signage shall conform to the City s Sign Ordinance Heart of the City Specific lan and South Vallco Master Plan Prior to final occupancy and approval of any individual signson site a detailed master sign program shall be submitted for review and appro by the Design Review Committee 19 ARCHITECTURAL AND SITE APPROVAL A The building and architecture shall ubstantially conform to the elevations and details as shown in the approved exhibits iuiless otherwise noted below Prior to issuance of building permits the applicant sh all be required to obtain approval of separate Architectural and Site Approval ap lication s for each of the buildings on the project site Building colors and materiaL shall be reviewed and approved in conjunction with the Architectural and Site Appi oval 5 For buildings in which full elevations have been provided in the approved exhibits the applicant shall be required to obtain approval of Architectural and Site Approval applications by th Design Review Committee 6 For buildings inwhich full ele vations have not been provided in the approved exhibits such as the athletic club the applicant shall be requiredto obtain approval of Architectural and Si e Approval applications by the City Council B The applicant shall addr ss the follc wing issues as part of the separate Architectural and Site Approvals Town Square 13 The town square area shall bed signed as a flexible public area space thatmay be expanded or shifted by the te nporary closure of one or more of the surrounding Finch Avenue privatedrive st eets 14 The town square area will be developed to be flush with the grade of the surrounding Finch Avenue private drive streets to allow for a seamless expansion or shifting of the tow i square area 15 The applicant shall provide dec orative semi pervious pavementtreatment in the town squaze and plaza areas t be reviewed and approved by the Director of Community Development 16 Parking on the circular Finch A venue private drive streets shall be delineated by decorative semi pervious pavingrather than painted stripes 17 Fina1 design andlandscape o the town square area shall be reviewed and approved by the Design Review Committee 37
U 2008 01 January 23 2009 18 Temporary closure of any portion of the privatedrive streets including methods used to temporarily closethe strE et s will require approval of the Director of CommunityDevelopment Corner Buildin Any building s proposed at the northwest corner of Stevens Creek Boulevard and N Tantau Avenue shall have prominent rchitectural design enhancements to emphasize the importance of thiscomer as the ea tern gateway entry to the City including 9 Identifiable street frontage public entrances along Stevens Creek Boulevard and N Tantau Avenue 10 Glass storefrontsto allow for the visibility of activities along thestreet frontages 11 Interesting and unique architectur l features to enhance the gateway entrance into the City Cupertino 12 Corner building architectural and ite features Street Furniture The applicant shall provide street furnture along Stevens Creek Boulevard and Vallco Parkway Prior to the issuance of b ilding permits for Phase 1 of the project the street furniture shall be reviewed and pproved by the Design Review Committee Plaza Area The applicant shall modify the squa e parking plaza area to the east of the town square area to a be a more standazd linear street that allows for outdoor pedestrian plaza space adjacent to the surroundi g retail shop areas and90 degree angled street parking G ara e 7 The parking garage shall be desig led and constructed to allow conversion of the ground floor area along Vallco Parkway to retail shop areas 8 The parking garage shall provid architectural details and designs along the ground floor facing Vallco Parkway to promote pedestrian orientation along the street 9 When the ground floor of the par ing garageis converted to retail shop area the ground floor area shall have storefiont windows facing Vallco Parkway 20 GATEWAY ENTRY The applicant shall be requiredtoconstruct and install a gateway entry featureon the northwest corner of Stevens Creek Bo zlevard and N Tantau Avenue that will be consistent with the policies of theGeneral Plan and South Vallco Master Plan The gateway entry feature shall be a prom inent design thatmay fulfill the public art requirement and couldinclude a decorati ve monument feature that spans over Stevens Creek Boulevard or vertical structural elements on both sides of Stevens Creek Boulevard and on the median to announce entry Also this corner shall include a community banner and enhanced pede trian crossings that may include crosswalk lighting special paving materials and or p ominent art or architectural feature announcing 38
U 2008 01 January 23 2009 the entry to the City such as a wrougY t iron element subject to review and approval by the City Council 21 LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Design Review Comnittee prior toissuance of building permits The landscape plan shall provide the follow ng 1 The landscape plan shall include w iter conservation and pesticide reduction measures in conformance with Chapter 1415 Xeriscape Landscaping and the pesticide control measures referenced in Chapter 91 3 Stormwater Pollution Prevention and Watershed Protection of the Cupertino Municipal Code f Landscaping along Stevens Creek Boulevazd and N Tantau Avenue in accordance with the streetscape design requirenients of the Heart of the City Specific Plan g Planting of two specimen oak trees flanking entrance to the development on the corner of Stevens Creek Boulev rd and Finch Avenue as replacements for the removal of the existing dead specixr en oak tree 22 TREE REMOVAL a The applicant is approved to remove a total of up to 84 trees and relocate 13 trees on site per Option A in accordance v ith the City Arborist s report prepared by David Babby and dated April 30 2008 Although the applicant is requesting approval to remove thesetrees in accordance with the City Arborist s recommendation the intent is toretain as many of the existing erimeter street trees for the remaining life of such trees where they aze not considered 3ead or do not requireinunediate removal b The Aleppo Pine tree Tree No 113 shall be preservedon site c For any trees that are removed due to hazardous conditions are considered deador die as a result of relocation the a plicant shall be required toreplace thesetrees in accordance with the City s Protectecl Trees Ordinance d For any trees thatrequire removal due to construction plan drawing changes and or construction activity the applicant shall obtain a tree removal permit in accordance with the Protected Trees Ordinance 23 TREE REPLACEMENTS Fina1 approval of the required treereplacements shall be reviewed and approved by the Design Review Committee inaccordanc e with the City s Protected Trees Ordinance The applicant may be able to reduce the niunber of replacement trees on site if larger size trees are proposed in accordance with the tree replacement standards of the ordinance For any additional trees that are remov d due to hazardous conditionsor are considered dead the applicant shall be requiredto replace these trees in accordance with the Protected Trees Ordinance Species ancl size of replacement trees shall be reviewed and approved by the Community Developm nt Director 24 TREE PROTECTION Aspart of the building permit drawin s a tree protection plan shall be prepared by a certified azborist for the trees to be retained The applicant shall be required to install tree 39
U 2008 01 January 23 2009 protection measures before and durin development in accordance with the City Arborist s report dated April 30 2008 ani in accordance with requirements of the Public Works Department for the preservation o existing street trees In addition the following measures shall be added to the protection lan F For trees to be retained chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work G No pazking orvehicleparking sh all be allowed under root zones unless using buffers approved by the project arbori t H No trenching within the critical roc t zone area is allowed If trenching is needed in the vicinity of trees to be retained tl e City Arborist shall be consulted before any trenching or root cutting beneaththe d ipline of the tree I Tree protectionconditions shall be posted on the tree protection barriers J Retained trees shall be watered to naintain them in good health 25 TREE PROTECTION BOND The applicant shall provide a tree protection bond in an amount determinedby the City Arborist to ensure protection of trees slatf d for preservation prior to issuance of grading demolition or buildingpermits The l ond shall be returned after completion of construction subject to a letter from the City Arborist indicating that the trees are in good condition 26 TREE REPLACEMENT IN LIEU FEE The applicant shallpay an in lieu fee i l accordance with the City s Protected Trees Ordinance for any trees that cannot be rep aced on site 27 HEART OF THE CITY DESIGN GUIIIELINES A The project shall comply with the He rt of the City design guidelines in effect at the time of project approval B If any portions of the buildings on th Master Use Permit site plan do not meetthe minimum setbacks per the Heart o the City Specific or Conceptual Plan the applicant musteither modify the build ng setback as part of the Architectural and Site Approvalfor the building or obtain a proval of an Exception application to the Heart of the City Specific or Conceptual Plar 28 SOUTH VALLCO MASTERPLAN The project shall comply with the South Iallco Master Plan Prior to release of building permits for Phase 1 of the project the final boulevard plan along Vallco Parkway shall be reviewed and approved by the City Counc il The applicant shall make reasonable efforts to contact adjacent properly owners to sho improvement plans including butnot limited to the specific lighting sidewalk furnitur and landscaping treatments to be consistent with the vision of the South Vallco Master Plan 29 CREEK TRAIL IMPROVEMENTS The applicant shall contribute an amount riot to exceed 65 000 to the improvements of a trail connection along Calabazas Creek fr m Vallco Parkway to I 280 This contribution 40
U 2008 01 January 23 2009 shall beused by the City to administe r a creek trail plan andnecessary approvals and improvements If this fund is not used vithin five years of the project completion then it shall be returnedto the applicant 30 PARKAREAALONG METROPOL TAN A 4 acre park azea shall be maintaine3 along the western property line adjacent to the Metropolitan mixed use development The design of the parkarea including designs for crash resistant fencing materials adjacent tovehiculaz traffic areas shall includebutnot be limited to passive recreation apparat ses such asa tot lot and sitting areas The Pazks and Recreation Commission shall review the park design and shall refer its recommendation to the City Council for review and approval The green space park buffer shall be installed prior to issuanc of building occupancy permits 31 SECURITY PLAN FOR PARKING sARAGE The applicant shall develop a com rehensive private security plan for the entire development encompassing patrol hours manning levels and frequency closed circuit cameras in the parking garage and adec uate lighting levels The plan shall be prepared by the applicant and approved by theSheri fl s Department prior to final occupancy 32 PARKING GARAGENOISE MITIG ATION The parking garage floors shall be treat d coated with materials as deemed appropriate by the City to lessen thenoise impacts of vehicle movements 33 RESTAURANT ODOR ABATEMEr All restaurants shall install odor aba ement systems to be incorporatedinto the air handling systems to reducethe odo r impact from the restaurants to the adj acent community Detailed plans sha11 b reviewed and approved by the Community Development Department prior to issualce of buildingpermits 34 SCREENING All mechanical and other equipment o i the buildings and site shall be screened so they are not visible frompublic 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 m chanical equipmentthat it is designed to screen The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development p ior to issuance of buildingpermits 35 TRASHAND DELIVERY ACTIVIT ES C A detailed refuge and truck delivery plan must be prepared by the applicant The plan shall specify locations of trash facilities refuge pick up schedules and truck delivery schedules and routes All trash f cilities 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 tc issuance of building permits 41
U 2008 01 January 23 2009 D All deliveries shall comply with the nitigation measures provided in the Mitigation Monitoring and Reporting Program prepared by David J Powers and Associates dated January 2009 36 CONSTRUCTION MANAGEMENT PLAN A construction management plan sha11 be prepazed by the applicant and approved by staff prior to issuance of building permits S aging of construction and equipmentshall not occur within 250 feet of any residentia property The applicant shall also provide a construction manager hotline phone nurr ber for residents of theadjacent Metropolitan condominium complex to call for constr iction related activities on the project site The hotline number shall also be posted n the project site and at the Metropolitan condominium complex Said constructi n management planshall also provide the following A Construction Vehicle Access and Routi ng B Construction Equipment Staging Area C Dust Control Best Management Practi es D Hours of Operation E Street Cleaning Schedule and Program 37 GREEN BUILDING The applicant shall obtain LEED Silver c rtification designation for the hotel office and senior housing buildings in accordance v ith the U S Green Building Council standards and the City s Green Building policies he applicant shall also design the athleticclub if developed and retailbuildings to L EED certification standards but will not be required to certify these buildings as LE 3D certified The applicant shall also provide solar hot water heating for any pools provided on the project site 38 MAINTENANCE AGREEMENT E The applicant shall create an Improvement and Maintenance District to maintain the sidewalks and landscaped park strips along Vallco Pazkway N Tantau Avenue and Stevens Creek Boulevard directly ad acent to the subject project site Said district shall be part of the Covenants Codes and Restrictions of the project and shall be reviewed and approved by the City Attorney prior toapproval of the final map F The applicant shall record a mainten nce agreement subject to the approval of the City Attorney for the maintenance of t he shared driveways by the property owners of each of the lots 39 TRANSPORTATION DEMAND MANAGEMENT The applicant shall commit to implem nting a transportation demandmanagement TDM plan incorporating solutions as indicated in the Mitigation Monitoring and Reporting MMR Program prepared by avid J Powers and Associates dated January 2009 that may include parking cash out and eco passes for employeesvalet for customers and off site parking options The TDM plan including the projected funding shall be reviewed and approved by the Desigri Re view Committee prior to issuance of building permits 42
U 2008 01 January 23 2009 40 DEMOLITION REQUIREMENTS All demolished building and site ma erials shall be recycled to the maximum extent feasiblesubjectto the Building Offi ial The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits 41 NOTICE OF FEES DEDIC TIONS RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may includecertain fees dedication requirements reservation re uirements 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 Yo z are hereby further notified that the 90 day approval period in which you may prol est these fees dedications reservations and other exactions pursuant toGovernment 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 v ill be legally barred from later challenging such exactions 42PUBLIC ART The applicant shall provide public art iri accordance with General Plan policy 2 66 Public art selection will be revif wed by the Fine ArtsCommission SECTION IV CONDITIONS ADMIlVISTER D BY THEPUBLIC WORKS DEPT 43 STREET WIDENING Public street widening and dedicatic ns shall be provided in accordance with City Standards and specifications and as req ired by the City Engineer 44 CURB AND GUTTER IMPROVEMI NTS Curbs and gutters sidewalks and relatE d structures shall be installed in accordance with grades and standards as specified by the City Engineer 45 STREET LIGHTING INSTALLATII N Street lighting shall be installed and sh 11 be as approved by the City Engineer Lighting fixtures shall be positioned so as to pre clude glareand other forms of visual interference to adjoiningproperties and shall be no higher than the m imum height permitted by the zone in which thesite is located 46 FIRE HYDRANT Fire hydrantsshall be located as req ired by the City and Santa Clara CountyFire Department as needed 43
U 2008 01 January 23 2009 47 GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 1608 of the Cupertino Munici al Code 401 Certifications and 404 permits maybe required Please contact Army Co p of Engineers and or Regional Water Quality Control Board as appropriate 48DRAINAGE Drainage shall be provided to the satisfaction of the City EngineerHydrology and pre and post development hydraulic calculations rnust be provided to indicate whether additional storm water control measures re to be constructedor renovated Thestorm drain system may include but is not limited to subsurface storage of peak stormwater flows as needed bioretention basins ve etated swales and hydrodynamic separators to reduce the amount of runoff of the site anc improve water quality The storm drain system shall be designed to detainwater on site eg via buried pipes as necessary to avoid an increase of one percent flood water surfac e elevation of the culvert to the satisfaction of the City Engineer 49 UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No 331 and other related Ordviances and regulations of the City of Cupertino and shall coordinate with affected utility roviders for installation of underground utility devices The developer shall submit detailed plans showing utility underground provisions Said plans shall be subject tc prior approval of the affected Utility provider and the City Engineer 50 IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of feesincluding butnot limited tochecking and inspection fees storm drain fees pazk de dication fees and fees for under grounding of utilities Said agreement shall be executed prior to issuance of construction permits Fees a Checking InspectionFees 6 of Off Site Improvement Cost or 3 847 00 minimum b Grading Permit 6 of Site Itnprovement Cost or 2 239 00 minimum c Development Maintenance Deposit 2 000 00 d Storm Drainage Fee TBD e Power Cost f Map CheckingFees 3 638 00 g Park Fees N A h Street Tree By Developer Based on thelatest effective PG F rateschedule approved by the PUC Bonds 44
U 2008 01 January 23 2009 g Faithful Performance Bond 100 of Off site and On site Improvements h Labor Material Bond l OC of Off site and On site Improvement i On site Grading Bond 100 0 of site improvements The fees described above are imposecl based upon the current fee schedule adopted by the City Council However the fees mposedhereinmay be modified at the time of recordation of a final map or issuance c f a building permit in the event of said change or changes the fees changed at that time v ill reflect the then current fee schedule 51 TRANSFORMERS Electricaltransformers 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 strE et areas The transformer shall not be located in the front or side building setback area 52 BEST MANAGEMENT PRACTICES Utilize Best Management Practices BMPs as required by the State Water Resources Control Board for construction activity wvch disturbs soil BMP plansshall be included in grading andstreet improvement plans 53 DEDICATION OF WATERLINES The developer shall dedicate to the City ll waterlines and appurtenances installed to City Standardsand shall reach an agreement w th California Water Services Company for water serviceto the subj ect development 54 NPDE5 CONSTRUCTION GENERAI PERMIT The developer must obtain a Notice of Inte nt NOn from the State Water Resources Control Board which encompasses prepazation of a StormWater Pollution Prevention Plan SWPPP use of construction Best Mana ement Practices BMPs to control stormwater runoff quality and BMP inspection and ma ntenance 55 C 3 REQUIREMENTS The developershall reserve a minimum of 4 of developable surface area for the placement of storm water treatment facilities on the tentative map unless an alternative stormwater treatment plan to satisfy c 3 r quirements is approved by the City Engineer The developer must include the use anci maintenance of site design source control and stormwater treatment Best Management Practices BMPs which must be designed per approved numericsizing criteria A Storm Water Management Plan StormWater Facilities Easement Agreement Storm Water Facilities Operation and Maintenance Agreement and certification of ongoing peration and maintenance of treatment BMPs are required 45
U 2008 01 January 23 2009 56 EROSION CONTROL PLAN Thedeveloper must provide an approve i erosion control plan by a Registered Civil Engineer Thisplan should include all erosion control measures used to retain materials on site Erosion control notes shall be stated o l the plans 57 WORK SCHEDULE Every 6 months the developershall sub nit a work schedule to the City toshow the timetable for a11 grading erosion control work in conjunction with this project 58 TRAFFIC SIGNALIMPROVEMENTS Thedeveloper shall agree to fund up to 250000 for the purpose of installing a traffic signal at Finch Avenue and Vallco Parkv ay The developer shall submit a bond for this purpose which will be released 5 years from thedate of project occupancy 59TRAFFIC MITIGATION AT WOLFE ROAD AND VALLCO PARKWAY Thedeveloper shall mitigate fortraffic i npacts at Vallco Parkway and Wolfe Road by implementing one of the options stated in the Environmental ImpactReport for Main Street Cupertino per the approval of the City Engineer 60TRAFFIC MITIGATION AT HO MESTEAD ROAD AND LAWRENCE EXPRESSWAY The developer shall agree to submit their fair share cost of up to 334100 to improve Homestead Road at LawrenceExpresswayaccordingto the direction of the City Engineer The fair share contribution to he County will be dependent on the amount of traffic generated by the approved Plan In the event that a Plan is approved that has reduced tra c impacts the same formul i would be used calculating the percentage of traffic the project is addingto total rowth between background and cumulative conditions The cost shall be submitted to the County of Santa Clara in the form of a bond or cash deposit prior to the City iss zing building pemuts with the proviso that the funds be committed to this specific imprc vement in accordance of section66000 et seq of the California Government Code 61 PEDESTRIAN CROSSWALKS The developer sha11 provide pedestrian cr sswalk improvements at FinchAvenue and at the project s eastern driveway Final crosswalk improvement plan shall be reviewed and approved by the City Engineer 62 BUS STOP LOCATION The developer shall improve bus stops on Stevens Creek Boulevard tothe satisfaction of the City Engineer this may include con cistent shelters for the bus stops but will not includeduck outs orrelocation of the bus tops 63 TRAFFIC CONTROLPLAN The developer must submit a tra c contrc 1 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 46
U 2008 01 January 23 2009 right of way as well as a routing plan for all vehicles used during construction All traffic control signs must be reviewed and appr ved by the City prior to commencement of work The City has adopted Manual on Uniforni Traffic Control Devices MUTCD standards for all signageand striping work throughout he City 64 TRAFFIC SIGNS Traffic control signs shall be placed at loc ations specified by the City 65 TRAFFIC CALMING Thedeveloper shall agree to fund up t 100000 for the purpose of mitigating traffic impacts in the adjacent neighborhoods resulting from the project for a period of 5 years following project occupancy The developer sha11 submit a bond for this purpose which will be released 5 years from the date of roject occupancy 66 BICYCLE PARKING The developer shall provide bicycle pazking consistent with the City s requirements to the satisfaction of the City Engineer 67 OPERATIONS MAINTENANCE A GREEMENT The developer shall enter into an Operatii ns MaintenanceAgreement with the City prior to final occupancy The Agreement shall include the operation and maintenance for non standard appurtenances in the public roacl right of way that may include but is not limited to sidewalk pavers and street lights 68 TRASH ENCLOSURES Thetrashenclosure 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 69 REFUSE TRUCK ACCESS The developermust obtain clearance frorri the Environmental Programs Manager in regards to refuse truck access for the proposed de elopment 70 STREET TREES Street trees shall be planted within the Pu lic Right of Way and shall be of a type approved by the City in accordance with Ordinance No 125 71 FIRE PROTECTION Firesprinklers shall be installed in any ne N construction to the approval of the City 72 SANTA CLARA WATER DISTRICTCLEARANCE Provide Santa Clarawater district approval before recordation of the finalmap The developer sha11 pay for and obtain WatE r District permit for activities or modifications within the District easement or fee right o way oraffecting District facilities 7
U 2008 01 January 23 2009 73 SA1vITARY DISTRICT A letter of clearance for the project sha11 b obta ined from the Cupertino Sanitary District prior to issuance of buildingpernuts 74 SANTA CLARA COUNTY FIRE DEPAR A letter of clearance for the project shall l e obtained from the Santa Clara County Fire Department prior to issuance of building perinits 75 UTILITY EASEMENTS Clearance approvals from the agencies wit i easexnents on the property including PG E PacBell and California Water Company andlorequivalent agencies will be required prior to issuance of building permits 76CALIFOI2NIA WATER SERVICE COMP CLEARANCE Provide California Water Service Company pproval before recordation of the final map The Tree Removal conditions aze as follows unlf ss amended above SECTION III CONDITIONS ADMINISTERE D BY THE COMMUNITY DEVELOPMENT DEPT 1 APPROVAL ACTION The approval is based on Exhibits titled vlain Street Cupertino Tree Disposition Plan consisting of 1 page numbered 7 except as may be amended by the conditions contained in this resolution 2 LANDSCAPE PLAN The applicant shall submit detailed landsc ipe and irrigation plans to be reviewed and approved by the Design Review Committe prior to issuance of building permits The landscape plan shall provide the following A The landscape plan shall include waterconservation and pesticide reduction measures in conformance with Chapter 1415 Xeriscape Landscaping andthe pesticide control measures referenced in Chapter 9 18 Stc rmwater Pollution Prevention and Watershed Protection of the Cupertino Municipal Co ie B Landscaping along Stevens Creek Boulevard and N TantauAvenue in accordance with thestreetscape design requirements of the Heart of the City Specific Plan C Planting of two specimenoak trees flankir g entrance to the development on the corner of Stevens Creek Boulevard and Finch Av nue as replacements for the removal of the existing dead specimen oak tree 3 TREE REMOVAL e The applicant isapproved to remove a tot l of up to 84trees and relocate 13 trees on site per Option A in accordance with the City Arborist s report prepazed by David Babby and dated April 30 2008 Although the applic int is requestingapproval to remove thesetrees in accordance with the City Arborist s rec mmendation the intent is to retain as many of 48
U 2008 01 January 23 2009 the existing perimeter street trees for t ie remaining life of such trees where they are not considered dead or do not require imme diate removal f The Aleppo Pine tree Tree No 113 shall be preservedon site g For any trees that are removed due to h zardous conditions are considered dead or die as a result of relocation the applicant shall be required to replace thesetrees in accordance with the City s Protected Trees Ordinar ce h For any trees that require removal de to construction plandrawing changes and or construction activity the applicant sha 1 obtain a tree removal permit in accordance with the Protected Trees Ordinance 4 TREE REPLACEMENTS Final approval of the required tree repla ements shall be reviewed and approved by the Design Review Committee in accordance with the City s Protected Trees Ordinance The applicant may be able to reduce the numb r of replacement trees on site if larger size trees are proposed in accordance with the tree replacement standards of the ordinance For any additional trees that are removed due to iazardous conditions or are considered dead the applicant shall be required to replace the se trees in accordance with the Protected Trees Ordinance Species aridsize of replacemE nt trees shall be reviewed and approved by the Community Development Director 5 TREE PROTECTION As part of the building permit drawings a lree protection plan shall be prepared by a certified arborist for the trees to be retained The a plicant shall be required to install tree protection measures before and during development vi accordance with the City Arborist s report dated April 30 2008 and in accordance with requirements of the Public Works Department for the preservation of existing street trees In addition the following measures shall be added to the protection plan h For trees to be retained chain link fe icing and other root protection shall be installed around the dripline of the tree prior to aiy project site work i Noparking or vehicle parking shall b allowed under rootzones unless using buffers approved by the project arborist j No trenching within the critical root z ne axea is allowed If trenching is needed in the vicinity of trees to be retained the Cit Arborist shall be consulted beforeany trenching or rootcutting beneaththe dripline of tr e tree k Tree protection conditions shall be post d on thetree protection barriers 1 Retained trees shall be watered to maint ain them in good health 6 TREE PROTECTION BOND The applicant shall provide a tree proteci ion bond in an amount determined by the City Arborist to ensure protection of trees slat d for preservation prior to issuance of grading demolition or buildingpermits The bond hall be returned after completion of construction subject to a letter from the City Arborist inc icating that the trees are in good condition 49
U 2008 01 January 23 2009 7 TREE REPLACEMENT IN LIEU FEE The applicant shall pay an in lieu fee in accordance with the City s Protected Trees Ordinance for any trees that cannot be replacedon site Please review conditions carefully If you ha ve anyquestions regarding theconditions of approval please contact the Department of C ommunity Development at 408777 3308 for clarification Failure to incorporate condition into your plan set will result in delays at the plan checking stage If development condition s require tree preservations do not clear the site until required tree protection devices are i istalled The conditions of project approval set forth herein may include certain fees dedication requirements reservation requirements and ot zer exactions Pursuant to Government Code Section 66020 d1 these conditions constitute written notice of a statement of the amount of suclr fees and a description of the dedicationsreservations and otherexactions You are hereby further notified that the 90 day approvu l period in which you may protest these fees dedicationsandotherexactions pursuant to G vernment Code Section 66020 a has begun If you fail to file a protest within this 90 day pe riod complying with all of the requirements of Section 66020 you will be legallybarred from la ter cha lenging such exactions Any interested personincluding the applican prior to seeking judicial review of the city council s decision in this matter must first file a petition for reconsideration wit i the city clerk within ten days after the council s decis ion Any petition so filed must compty with municipal ordinance code 2 08 096 Sincerely Grace Schmidt Deputy City Clerk cc Community Development 50