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CC Resolution No. 12-054 M-2011-09 Main StreetR SOLUTION No. I2 -054 OF THE CITY COUNCIL of THE CITY OF CUPERTINO RECOMMENDING APPR VA.L of A MODIFICATION (M-2011-09) To A MASTED USE PERMIT (U-2008-01), ARCHITECTURAL AND SITE APPROVAL ASA-2008 - AND TREE REMOVAL APPLICATION TR- 2008 - To CONSTRUCT A MIXED USE DEVELOPMENT IN ACCORDANCE WITH OPTION A(l)-2 CONSISTING of A MOTEL WITH 180 ROOMS; 1389700 SQUARE FEET of RETAIL SPACE; 260,000 SQUARE FEET of OFFICE; A ,W ACRE TOWN SQUARE, A SENIOR AGE RESTRICTED APARTMENT HOUSING COMPLEX WITH 143 UNITS, A 5 -LEVEL PARKING GARAGE WITH TWO LEVELS of UNDERGROUND PARKING; A PARIS, To REMOVE 61 TREES AND RELOCATE 17 TREE, AND To MODIFY THE MASTER ARCHITECTURAL AND SITE APPROVAL To REFLECT THE MODIFIED MASTER USE PERMIT ON AN 18.5 ACRE SITE LOCATED ON THE NORTH SIDE of STEVENS CREEK BOULEVARD BETWEEN FINCH AVENUE (INCLUDING BOTH SIDES of FINCH AVENUE) AND N. TANTAU AVENUE IDENTIFIED Y APNS 316-20-085, 316 - 20-478 AND 316-20-079 SECTION 1. PROJECT SCFJPTION Application. No.: M -tot 1 -0 Applicant: Kevin Dare Property Owner: 500 Forbes, LLC Location: North of Stevens Creep Boulevard. between Finch Avenue (including the both sides of Finch Avenue) and N. Ta.ntau Avenue, south of Vall o Parkway (APNs 316-20-085, 31 -20 -078 AND 316-20-079) SECTION II: FINDINGS WHEREAS, the Plalining Commission and City Council of the City of Cupertino received applications for a Modification to a Master Use Permit, Architectural and Site Approval and Tree Removal Permit, as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been iv i A n accordance with the Pro edural Ordinance of the City of Cupertino, and the Planning Commission and City Council has held one or more public hearings on this matter; mid WHEREAS, an Addendum to the 2009 Final Environmental Impact I .eport was prepared to adequately address the environmental review of the proposed applications in accordance with the California Environmental Quality Act C QA ; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: i The proposed project and use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; and 2 The proposed project and use will be located and conducted in a r . n . r in accord with the Cupertino Comprehensive General Plan., the purpose of the Conditional Use Permits Chapter of Resolution No, 12 -054 the Cupertino Municipal Code, and complies with the California Environmental Quality Act (CEQA); and 3 The proposed project and use is consistent with the ,coning regulations and the South vallco Special Center and South Valleo blaster Plan; and 4 The proposed project and use is consistent with the Heart of the City Specific Plan. NO'S, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for a Modification to the Master Use Permit, Architectural and Site Approval and Tree Removal Permit, is hereby approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the sbconclusions upon which the findings and conditions specified in this resolution are based and contained in the p ublic hearing record concerning Application No. M-2011-09 as set forth i Resolution. No, 12-054 With the exception of the residential units and office square feet, all other uses may be subject to further refinement based on the final approved tenanting and land use plan, provided that there are no additional environmental impacts, such as traffic and parking, , as determined by the Community Development Director.. Uses Development Approval 143 residential units in the senior age - restricted housing complex -Senior Hotel 180-room hotel Retail to 138,700 square feet Office 260,000 square Feet Parking Garage, ,1 aces - 5- stories above ground and two levels underground. Publicly Accessible open Space Town Square re and Parl 1.55 acres of town square and park area 4, OFFICE VELD PENT ALLOCA'T'ION The applicant is permitted to retain the 100,000 square feet of unrestricted office allocation received in 2009 from the N. De Anna Boulevard area in conjunction with the approval for U- 2008-0t, and shall additionally receive 160,000 square feet of office allocation from the unrestricted office allocation from other areas in the City, except from the vall o lark North area, to provide the applicant with a total of 260,000 square feet of unrestricted office allocation. The applicant shall not draw office allocation from the Ma i or Companies pool. 5. GENERAL PLAN AMENDMENT o ADDITIONAL OFFICE ALLOCATION The applicant shall provide the City with $350,000 to pay toward the cost of a General Flan Amendment to increase the office allocation throughout the City. The applicant shall provide this payment to the City no later than .tune 30, 2012. MOTEL OPERATIONS The hotel shall be permitted to operate as a 2 -hour late night business operation, and shall provide minimum 6,500 square foot restaurant and meeting space area on the ground Tor of the hotel along ,tine Town Square. Any additional or revised uses for the hotel will be reviewed at the time specific business operation information is provided about these uses to determine if they are permitted and will require a separate Use permit application, (Note: This modifies the Condition No. 5 in the approval dated January 20, 2009) to replace the requirement for a 400-person banquet facility with a. 6,500 square foot restaurant and meeting space. 7. SENIOR HOUSING REOUIREMENTS Prior to issuance of building permits, a covenant, approved by the City Attorney, shall be required to ensure that the senior housing remains as age - restricted housing for seniors Senior shall be defined as a person 55 years or older. MAXIMUM PERCENTAGE OF RESTAURANTS Resolution No, 12-054 The maximum square footage of food service uses permitted within the retail space of -the mix - use development shall not be more than 38,6% of the total retail square footage of 138,700 square feet based upon the approved development scheme of Option A(l)-2 i and n accordance with the Memo prepared by Fehr and Peers labeled "Main Street Cupertino — Restaurant Mix Refinements"' dated May , 2012. Any future refinements to the restaurant percentage may be approved by the Director of ommi -mity Development if a subsequent parking and traffic analysis indicates that there is adequate parking for the various mixtures of uses and there are no additional and/or new si nif"rcant traffic impacts compared to thresholds studied in the original 2009 Environmental Impact Report. 9'. TENTATIVE MAP Approval of a T'ent.ative Map is granted to subdivide the property from three parcels into five parcels per pages Co.o through C6,5 as follows: a. Parcel 1 T 1.67 acres for the senior housing and attached retail b. Parcel 2 — 11.76 acres for the retail, parking garage and attached retail, town square, and part c. Parcel 37 1.41 acres for the Motel d, Parcel 4 — 2.26 acres for the office building e. Parcel 5 — 1,60 acres for the office building Restrictions and requirements for the shared use of the parking garage to accommodate the retail, hotel and office uses within the development site shall be included within the CC& s, 10. VACATION of FINCH AVENUE Tine vacation of Finch Avenue is necessary to support this development. The vacation will be processed according to procedures set by the Streets and Highways Code and the Municipal Code, A bond will be required prior to issuance of permits for street modifications that will allow Finch Avenue to be reverted back to a standard City street in the case that the construction of the project is not com' pleted. The Developer shall install and complete the street modifications within. two 2 years of approval of the Final Map, or such longer period as may be specifically authorized in writing by the City Engineer. Public access easements, for both vehicular and pedestrian travel, will be provided across the improved site, to link Stevens Creep Boulevard with V llco Parkway, as well as provide public access to the park and the "town center" plaza area. Failure to complete the improvements within the specified time will result in the reversion of Finch Avenue to a standard City street and the ownership of the former Finch Avenue right- of-way shall revert back to the City. The reversion of Find Avenue back to a City street shall be subject to approval by the City Attorney and Director of Public Works. 11. COVENANT of RECIPROCAL INGRESS/EGRESS EASEMENT The applicant shall record a deed restriction for necessary reciprocal ingress and egress easements between each lot created by the new development. The applicant shall also record appropriate deed restrictions for necessary reciprocal ingress and egress easements between the adjacent properties to the west, to be implemented at such time that the City can require the same of adjacent property owners, These reciprocal ingress and egress easements between each lot and between adjacent properties to the west shall also be recorded on the Final Map. The easement language skull be reviewed and approved by the City A.tt.oney and the Director of Public Works, The covenant of easement shall be recorded prior to final neap approval. 4 Resolution No, 1 -054 12, PUBLIC PEDESTRIAN EASEMENT Public access pedestrian easements through the interior sidewalks, pedestrian paths ar-id plazas, the town square, and park area shall be required and recorded on the final map as noted in the tentative map plans CO.0 — C6.5. The easement language shall be reviewed and approved by the City Attorney and Director of Public Works prior to recordation of the easement on the project site with the final map approval. The final map will include Public Pedestrian Easements, though the CC& 's will include additional restrictions /guidelines on the usage of the public Pedestrian Easements. 13. COVENANTS, ANTS, CON ITI S AND RESTRICTIONS The project CCU. Rs shall be reviewed and approved by the City Attorney prior to recordation with the final neap approval. The CC& s shall incorporate requirements pertaining to the public access easements, reciprocal ingress /egress easements, public pedestrian easements, shared parking, maintenance and operation of common areas including but not limited to public access to the part and Town Square, and joint use agreements for the town square and park. The CC& s shall also incorporate the Maintenance Agreement addressing the maintenance of the park, town square, sidewalk, shared driveways by the property owners of each of the lots, and landscaped park strips along vallco Parkway, N. Tantau Avenue and Stevens Creep Boulevard adjacent to the subject site. The conditions of approval for the project shall also be recorded on the properties and incorporated into the CC& s. No changes may be made to the CC& s without the City Attorney's review and approval. 14. JOINT USE AGREEMENT Prior to recordation of the final map, the applicant shall submit a joint use agreement between the City and the applicant to -be reviewed by the City Attorney and the Director of Parrs and Recreation, and approved by the City Council, which permits the City to use the tovai square and park area for public use for community events or other similar City-approved events or activities, such as, but not be limited to a farmers' marl et, holiday activities, and summer events. The joint use agreement shall be recorded and incorporated by preference into the Covenants, Conditions and Restrictions CC &fps) of the project site. The Joint Use Agreement shall include provisions for maintenance of the parr and town square. The j oint use agreement shall govern the public use, programming, public access and percentage of time mailable for the allowable public activities mid events for which the town square and park may be used. The agreement shall also require available publicly identifiable restroom facilities for public use during normal business hours. No structures will be constructed on the town square area without the prior approval of the City of Cupertino, other than the retail pact structure(s) approved in accordance with the Master Use Permit. The programming provisions of the joint use agreement shall be administered between the applicant and the Park -s and Recreation Department and the document approved by the City .Attorney. 1 . MA1NTEl A CE AGREEMENT T Applicant shall enter into a Maintenance Agreement that addresses the maintenance of the parr, town square, sidewalks, shared driveways by the property owners of each of the lots, and landscaped parr strips along vallco Parkway, N. Tantau Avenue and Stevens Creep Boulevard directly adjacent to the subject project site. The Maintenance Agreement shall be part of the Covenants, Codes and Restrictions of the project acid shall be previewed and approved by the City Attorney prior to approval of the final map. o Resolution No, 12-054 16, GROUND FLOOR. RETAIL Prior to issuance of building permits, the applicant shall demonstrate the ground floor retail functionality for buildings proposed at heights over 45 feet in accordance with the City' General Plan, to the satisfaction of the Director of Community Development, The ground floor retail shall be connected to the building and be of substantial and appropriate size to accommodate the functionality of retail uses. The building frontages of all buildings facing the town square, except for the hotel shall have ground floor retail. However, the hotel must provide active ground floor uses facing the town square, 17. DISCLOSURE, CLAUSE To THE FUTURE PROPERTY OWNERS The applicant /developer shall inform the Future owners through the Covenants, Conditions and Restrictions CC& s ) 'as well as other documentation of the surrounding projects and that the development . 'Site is under a Cupertino Planned Development zoning. Property purchaser shall cheek with the City to determine the specific restrictio n under the Planned Development zone and related p ermits. The CC& language incorporating this requirement shall be reviewed. and approved by the City prior to issuance of building permits, 18, BELOW MARKET RATE HOUSING PROGRAM For residential units, the applicant shall comply with the requirements in the City's Below Market Rate M Housing program, For alternatives to these requirements, the applicant may request the Housing Commission to recommend alternatives to the City Council to meet these requirements. For dedication of any dousing units at below market rates, the applicant shall record a covenant, which shall be subject to review and approval by the City Attorney, to be recorded prior to issuance of building permits for the planned senior housing building. BMR fees shall be paid prior to issuance of building permits. 1. HOUSING MITIGATION FEES Prior to issuance of building permits, the applicant shall provide the required housing mitigation fees for the commercial, office and hotel development on the project site. 20, MAXIMUM LENGTH of HOTEL STAYS Motel stays shall be limited to a maximum of 30 days per reservation. 21. ADDENDUM To THE PREVIOUSLY-APPROVED EIR. AND THE MITIGATION MONITORING AND REPORTING TING P OGRAM T ie ' ro eet shall implement all of the mitigation measures identified in the litigation Monitoring onitoring p � and Reporting Pro r .nn (MM RP) dated March 2012 as identified in the 2009 Final EIR and as modified by the 2012 Addendum to the Final EIR as updated on May 4, 2012. 22* I EVELOPMENT ALLOCATION Use 2009- 00 Master Approved 2012 Modified Approved 2012 Modified Master Use Permit Master Use Permit Use Permit Additional Allocations Option A(1)-2 A llo ations Needed Grated Option A I -2 C Resolution No, 12-054 Retail Up to 150,000 sf Up to 138,700 square feet. No additional allocation is needed from the Vallco Paris South retail commercial allocation Office 100,000 sf from 260,000 sf 1 000 sf additional from the the T. De Anna unrestricted office allocation Boulevard office available per condition no. 4. The allocation applicant may not use any allocation from the Major Companies office allocation. Hotel Up to 250 rooms 180 rooms No additional allocation needed from the Citywide Motel allocation Senior 160 units from 143 senior age - restricted No additional allocation needed Housing the Vallco Park apartment housing units South residential allocation The applicant shall receive an allocation of up to 138,700 square feet of retail commercial square footage from the Vallco Park South retail commercial allocation area; 143 senior age - restricted housing waits from the Vallco Park South residential allocation; 180 hotel room's from the Citywide Hotel allocation; and 260,000 square feet from the unrestricted office allocation available citywide (except from the Vallco Park North office allocation area). 23, CONSTRUCTION PROJECT PHASING AND PARK BOND Prior to issuance of grading and/or building permits, the applicant shall prepare a construction phasing schedule, and shall demonstrate completion of Phase 1, Phase 11 and the park based on the project expiration date(s). The construction phasing schedule shall detail critical milestones of the construction. Critical milestones of the construction shall include but not be limited to the following: Phase 1 shall inelude all buildings, exeept for the park and the senior housing site. Phase 11 shall include the park and senior housing. A. performance bond for the park construction (not less than $1.125 millio) shall be required in Phase 1. The applicant shall work with staff on the appropriate tiring for acceptance of the performance bond and completion of the part. If the park is not completed to the satisfaction of the City within four years from the date of approval of the permit, the City shall have the option of calling in the bone; and constructing the park. A. Prior to granting a certificate of occupancy for the first of the hotel or office buildings, , t .e Town Square, street and sidewalk improvements along Finch Avenue loop wad .the street and sidewalk improvements along the interior roadway connecting Pinch Avenue loop to the office parcel shall be completed to the satisfaction of the City, 7 Resolution No, 12-054 B. Prior to granting a certificate of occupancy for the second of the hotel or office buildings, certificates of completion for shell, core, exterior facades and related landscaping and improvements shall be obtained for at least 0% of the retail approved for Phase I of the Prof ect, C. Prior to granting a certificate of occupancy for the third of the hotel or office buildings, certificates of completion for shell, core, exterior facades and related landscaping and improvements shall be obtained for all the retail buildings. 24, GRADING ING AND CONSTRUCTION HOURS All (grading activities shall be limited to the dry season (April 15 to October I unless otherwise approved 'the Director of Public Works , Grading hours shall be limited to Monday through Friday, 7 a,m. to 8 p.m. Grading, street construction, demolition or underground utility work shall not occur on Saturdays, Sundays and holidays, and during the nighttime period as defined in Section 10,48.053(b) of the Municipal Code. Construction activities shall be limited to Monday through Friday, 7 am. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays, The developer shall be responsible for educating all contractors and subcontractors of said construction restrictions, Rules and regulation pertaining. to all construction activities and limitations identified in this permit., along with the name and telephone number of developer appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site, The applicant shall comply with the above grading and Onstruction hour requirements unless otherwise indicated in the mitigation measures identified in the Mitigation Monitoring and Reporting Program (MM RP) dated. March 2012 as identified in the 2009 Final EIR and as modified by the 2012 Addendum to the Final EIR. 25, PARKIN The applicant shall comply with the minimum paling requirements for the project per the Main Street Cupertino Devised Site Access and Parking Analysis prepared by Fehr and Peers on March 2, 2012, the memo prepared by Fehr and Peers labeled "Main Street Cupertino — Restaurant 'MIX Refinements" dated May 4 2012 and the 2012 Addendum to the Final EIS.. The applicant shall also comply with the swales and Permeable surfaces requirement) of the City's Parting Regulations. Adjustments to the parking rg plan may be permitted based on the final approved tenanting and land use program as long as there are no additional parking and traffic impacts as determined by the Director of Community Development, 26, BICYCLE PARKING The applicant shall provide bicycle parking and bile racks for the proposed project in accordance with the City's Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code. 27, PARKING LOT LIGHTING Lighting in the parking lots shall be approved by the Director of Community Development for compliance with applicable regulations prior to issuance of building permits. 28,.BUILDING PERMIT APPROVAL The Director of Community Development shall review the final building permits for full conformance with the Master Use Permit approval and the Architectural and Site approval for each building prior to issuance of building permits for each building. 29, SIDEWALKS/CROSSWALKS s Resolution N. 12-054 A. The final sidewalk/street frontage plan shall be required to be reviewed and approved by the City prior to the final map, and shall match the guidelines of the South Vallco Master Flan and be consistent with the sidewalk/street frontage plan for the ' adj aent Rosebowl nixed use development. B. The applicant shall provide decorative crosswalks s with colored and/or stamped asphalt pavement across Vallco Parkway, N. Tant u Avenue and Stevens Creep Boulevard. The decorative pavement materials shall be reviewed and approved by the Director of Community Development and the Public Works Department, rtment, and shall be consistent with the recommendation of the traffic analysis prepared by Fehr and Peers in the Transportation Impact Analysis dated September 5, 2008 on p. 48. 30. SIGNAGEt Signage is not approved with this application. Signage skull conform to the City's Sign Ordinance, Heart of the City Specific Plan mid South Vallco Master Plan. Prior to final occupancy and approval of . any individual signs on site, a detailed master sign program shall be submitted for review and approval in accordance with the ,City's Sign Ordinance. 1, ARCHITECTURAL AND SITE APPROVAL A. The buildings, site developrnerrt and architecture shall substantially conform to the site plan, elevations and details as shown in the approved exhibits, unless otherwise noted below. Prior to issuance of building permits, the applicant shall be required to obtain approval of a separate Architectural and Site Approval application for each of the buildings by the Design Review Committee; -each Architectural and Site Approval application shall provide a detailed site plan, full elevations (all four sides), floor playas and any other details as required for Architectural and Site Approval applications. Building colors and materials skull be reviewed and approved in conjunction with the Architectural and Site Approval. Minor amendments to approved Architectural and Site Approvals for buildings and/or the site plan, including minor changes to the layout of the site plan, building forms and building sizes, may be previewed and approved by the Director of Community Development. B. The applicant shall provide the following additional modifications and enhancements to the plan prior to issuance of building permits ('including recommendations referenced by the City's Architectural Advisor on February 20, 2 0 12 in Attachment l l & 16 or as amended by the Planning Commission): : 1. Town Square a. The town square area shall be designed as a "flexible" public space that may be expanded or shifted by the temporary closure of one or more of the surrounding publicly accessible streets. Provide additional landscaping in the square. b. In order to allow for a seamless expansion or shifting of the future pedestrian activities, the town square area will be developed to be flush with the grade of the surrounding street system. The Director of Community Development may approve ether similar details deemed to be consistent with the intent of this condition. c# The applicant shall provide decorative semi- pervious pavements or similar treatments in the town square and plaza areas to the satisfaction o the Director of Community Development. Resolution No, 12 -054 d, Parking on the circular street system shall be delineated by decorative semi - pervious. paving or other similar treatments as deemed to be appropriate by the Director of Community Development. e. Final design and landscape of the town square area shall be reviewed and approved by the Director of Community Development. f, Temporary closure of any portion of the private drive streets, including methods used to temporarily close the street(s), will require approval from the Director of Public Works, s, 2. Office Buildings Architectural enhancements to the building shall be incorporated including the following: a. Enhance tower entry features with details and design features (particularly the central tower entry facing Stevens Creek Boulevard) and project the towers out and upward from the main bully of the building, , Provide prominent architectural design enhancements to emphasize the importance of this corner as the eastern gateway entry to the City, including identifiable street frontage public entrances along Stevens Creek Boulevard and N, Tantau Avenue, glass store fronts and corner site features. c. provide horizontal elements to the building design to reduce the verticality of the building frontages along Stevens Creep Boulevard and N. Tantau Avenue, d, Provide deep recessed windows. e. Unify the variety of building forms with more closely related and toned down color tones. f. Add ground floor space as an "arcade -life" element. along Stevens Creek Boulevard and around the corners at the easterly Main Street drive entry and a N, Tantau, 3. Hotel a. The Architectural and Site Approval application for the design of the interior and exterior of the hotel must return back to the City Council for review and approval. b. The exterior architectural design of the hotel shall be of the same quality and design standard as the example provided by the applicant of the Marriott Residence Inn in the Gaslamp district of San Diego. c. Provide additional variation in height and wail articulations, such as larger roof cave overhangs with additional fa ade depth and architectural detail and variety in roof eav heights, to minimize the verticality, bulk and box -like shape of the building. d. Enhance architectural detailing on the building that is in scale with the building, of Provide deep recessed windows to provide depth to the building faade, f. Increase the horizontal elements of the faade. Add patio space (seating) at the corner of vailco Parkway and Pinch Avenue to enliven the streetseape and entry to the site. h. Provide additional architectural pedestrian- scale detailing of the ground floor treatment of the building, including along town square, vallco Parkway, and the pedestrian area leading to the garage, i. None down the contrast in exterior colors and provide colors that will complement the colors used within the development. j, Provide an outdoor dining terrace along the frontages of the restaurant facing town squaTe. 4. Retail Buildings 1 Resolution No. 12-054 a. Revise the architectural design of the retail pad building(s) in town square From an agrarian look to a park, pavilion/kiosk style architecture with greater storefront glazing and sophistication. b. Provide active storefront pedestrian entries on all retail shops facing Stevens Creel Boulevard. 5. Auto Cotu-t/Parking Garage The parting garage shall provide architectural details and provide features along the ground floor facing vallco Parkway to promote pedestrian orientation along the street. 6. Street Furniture The applicant shall provide street furniture and pedestrian -i amenities along Stevens Creel Boulevard and Valleo Parkway. Prior to the issuance of building permits For Phase 1 of the project, the street furniture shall be reviewed and approved by the Design Review Committee. . 3 GATEWAY EN'T'RY The applicant shall be required to construct and install a gateway entry feature on the northwest corner of Stevens Creep Boulevard and N. Tantau Avenue that will be consistent with the policies of the General Plan and South Valleo Master Plan. The gateway entry Feature shall be a prominent design that may fulfill the public art requirement and could include a decorative mon-Lunent feature that spans over Stevens Creep Boulevard, or vertical structural elements on both sides of Stevens Creep Boulevard and on the median to announce entry. Also, this corner shall include a community banner and enhanced pedestrian crossings that may include crosswalk lighting, special paving materials anchor prominent art or architectural Feature announcing the entry to the City, such as a wrought iron element, subject t review and approval by the City Council. 33. LANDSCAPE PLANT The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building permits for the building, portion of development, and/or phase of development for which building permit applications have been submitted. The landscape plan shall provide the following prior to issuance of building prmlts: A. Water conservation and pesticide reduction measures and requirements in conformance with Chapter 14. t , Landscape ordinance, and the pesticide control measures referenced in Chapter 9.1 8, Stormwater Pollution Prevention. and Watershed Protection, of the Cupertino Municipal Code. B. A full landscape project submittal per section 1 .1 .o o of the Landscaping Ordinance. The Water - Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. C; Landscaping along Stevens Creep Boulevard and N. Tantau Avenue in accordance with the streetsc pe design requirements of the Heart of the City Specific Plan. D. planting of two specimen oak trees flaking the driveway entrances to the development along Stevens Creep Boulevard as replacements for the removal of the existing dead specimen oak tree. E. Existing and Ash trees along Valleo Parkway shall be retained to the maximum possible as determined by the City Arborist. Resolution No. 12-054 34, LANDSCAPE INSTALLATION REPORT The pr ject is subject to all provisions delineated in the Landscape Ordinance CMC, Chapter 14,15). landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run -off that causes overland flow, and preparation of an irrigation schedule. The .landscape installation report shall include the following statement: "The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit." 35, LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (CHIC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development pment r his /her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. a Schedules should tale into account water requirements for the plant establishment period and water requirements for established landscapes, b Maintenance nce shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de, thatching ftuf areas; replenishing mulch; fertilizing; pruni .g; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. c Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 36, SOIL ANALYSIS REPORT soils analysis report shall document the various characteristics of the soil e.g. texture, infiltration rate, pH, soluble salt content, percent organic matter, etc) and provide recommendations for amendments as appropriate to optimize the productivity and water efficiency of the soil. The soil analysis report shall be made available to the professionals preparing the landscape and irrigation design plans in a timely manner either before or during the design process. A copy of the soils analysis report shah be submitted to the Director of Community Development as part of the landscape documentation pact age. 37, LANDSCAPE AND IRRIGATION MAINTENANCE AGREEMENT Prior to final inspections and final occupancy, the owner of the property shall enter into a formal written landscape maintenance agreement: with the City. The City shall record this agreement, against the property or properties Involved, with the County of Santa Clara Recorder's rder's Off ice and it shall be binding on all subsequent owners of laird served by the proposed landscape. The 1 Resolution Igo. 12-054 landscape maintenance agreement shall require that modifications and maintenance activities not alter the level of water efficiency of the landscape from its original design, unless approved by the City prior to the commencement of the proposed modification or maintenance activity. 38, TREE REMOVAL A. The applicant is approved to remove a total of 61 trees and relocate 17 trees on site in accordance with the City Arborist's report prepared by David Gabby and elated April 30, Zoo. Although the applicant is requesting approval to remove these trees in accordance with the City A borist's recommendation, the intent is to retain as many of the existing perimeter street trees for the remaining life of such trees where they are not considered dead or do not require immediate removal. B. The applicant shall be required to replace the Aleppo Pine tree (Tree No. 113) that was removed in accordance with the City's Protected Trees ordinance (Chapter 14.18 of the Cupertino Municipal Code. 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 obtain a tree removal permit and replace these trees in accordance with the City's Protected Trees ordinance. D. For any trees that require removal clue to construction plan drawing changes and/or construction activity, the applicant shall obtain a tree removal permit in accordance with the Protected Trees ordinance. E. The Director of Community Development may preview and approve further refinetrrents to the tree removal and planting plan based on the approved final land use program for the center provided that there are no significant environmental or visual impacts. 39. TREE REPLACEMENTS Final approval of the required tree replacements shall be reviewed and approved by the Direct.or of Community Development in accordance with 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 the 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 to obtain a tree removal permit and replace these trees in accordance with the Protected Trees Ordinance. Species and size of replacement trees shall be reviewed and approved by the Community Development Director. 40. TREE PROTECTION As part of the building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. The applicant shall be required to install tree protection measures before and during development in accordance with the City A.rborist's- report elated April o, 200 8, 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; A. For tree' 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. B. No parking or vehicle parking shall be allowed under root zones, unless using buffers approved by the project arborist. 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 trenching or Groot cutting beneath the dripline of the tree. 1 Resolution No, 12-054 D. Tree protection conditions shall be posted on the tree protection barriers. Er Retained trees shall be watered to maintain them in good health. 414 TREE PROTECTION BOND The applicant .all provide tree protection bore. x amount determined b the City Arborist. to pp ensure protection of trees slated for preservation prior to issuance of grading, demolition or building permits. The bond shall be returned after completion of construction, subject to a letter from the City Arborist indicating that the trees are in good condition. 42. 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 replaced on site, 4, HEART T P THE CITY DESIGN GUII ECLINES A. The J ro' ect shall comply with the -fart of the City Specifie Plan development standards and p 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 Plan, the applicant must either modify the building setback or obtain approval of an Exception application to the Heart of the City Specific Plan. 44, SOUTH VALLCO MASTER PLAN The project shall comply with the South vallco faster Plan. Prior to release of building permits for Phase 1 of the project, the final boulevard plan along vllco Parkway shall be reviewed and approved by the Director of Community Development. The. applicant shall make reasonable efforts to contact adjacent property owners to show improvement plans including, but not limited to the specific lighting, sidewalk furniture, and landscaping treatments to be consistent with the vision of the South Vallco Master Plan, 45, CREEK TRAIL IMPROVEMENTS NTS The applicant shall contribute an amount not to exceed $65,000 to the improvements of a trail connection along Calabazas Creek from vallco Partway to 1-280. This contribution shall be used by the City to administer a creek trail plan and necessary approvals and impro ements, If this fund is not used within five years of the project completion, then it shall be returned to the applicant. 46, PARIS. AREA ALONG METROPOLITAN 0.75 acre park area shall be maintained along the western property line adjacent to the Metropolitan mixed-use development. A minimum 20-foot wide landscape buf'f'er shall be provided along the western property line adjacent to the Metropolitan mixed -use development, the landscape' buffer shall be included in the acreage of the, park. The design of the park area shall include but not be limited to passive recreation apparatuses, such as a tot lot and sitting areas, The Parks and Recreation Commission shall review the park , design and shall refer its recommendation to the City Council for review and approval. The linear green space park buf'f'er parallel to the eastern property line of the Metropolitan mixed use development shall be installed prior to issuance of building occupancy of any building constructed adjacent to this property line. 47. SECURITY PLAN FOR PARIUNG GARAGE 14 Resolution olution No. 12-054 The applicant shall develop a comprehensive private security plan for the entire development encompassing patrol hours, manning levels and frequency, closed circuit cameras In the park ing garage, and adequate lighting levels. The plan shall be prepared by the applicant and approved by the Sheriff s Department prior to final occupancy. 48. PARIOI G GARAGE NOISE MITIGATION The parking garage floors shall be treated /coated with materials as deemed appropriate by the City to lessen the noise impacts of vehicle movements. 49. RESTAURANT ODOR ABATEMENT All restaurants shall install odor abatement 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 reviewed and approved by the Community Development Department prior to issuance of building permits. 5. SCRE ENING All mechanical and other equipment on the buildings and site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials /colors shall match building featu 'res and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 51. TRASH AND DELIVERY ACTIVITIES C. A detailed refuge and truer delivery plan must be prepared by the applicant. The plan shall specify locations of trash facilities, refuge pier up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the ' Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits. D, All deliveries shall comply with the mitigation measures provided in the Mitigation Monitoring and Reporting Program prepared by David J. Pours and Associates slated January 2009, except as may be modified by the 2012 Addendum to the Final Environmental Impact Report 1. 5. CONSTRUCTION MANAGEMENT MEETING Prior to commencement of construction activities, the applicant shall arrange for a pre- construction meeting with the pertinent departments (Building, Planning, and Public worts ) to review the applicant - prepared construction management plan. 53, CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. During Phase 1 and 2 of the construction, staging of construction and equipment shall occur as far away from any residential property as possible. The applicant shall also provide a construction manager hotline phone number for residents of the adjacent Metropolitan condominium complex to call for construction related activities on the project situ The hotline number shall also be posted on the project site and at the Metropolitan condominium complex. Said construction management plan shall also provide the following: 1 Resolution Igo, 12- A. Construction Vehicle Access and Routing B. Construction Equipment Staging Area C. Bust Control (Best Management Practices) 4 D. H u s of peratio E. Street Cleaning Schedule and Program 54, DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed prof e t to prevent visible dust emissions from leaving the situ a Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non -toxic stabilizers or dust palliatives. b) Cover all truck hauling soil, sand and other loose materials or require all truck to maintain at least 2 feet of freeboard; c) Pave apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved Access roads, parking areas and staging areas at construction site. d Swee p struts daily, or more often if necessary (with water sweepers) if visible soil material is carried onto adjacent public streets, e The applicant shall incorporate the City's construction best management practices into the building: permit plan set. f) The applicant shall comply with the above dust control requirements unless otherwise indicated in the mitigation measures identified in the Mitigation Monitoring and Reporting g Pro rarn (MMRP) dated March 2012 as identified in the 2009 Final EIR and as modified by the 2012 Addendum to the Final EIR. 55, NOISE MITIGA'T'ION The projed and retail operations shall comply with the City's Community Noise Control Ordinance (Chapter 10.48 of the CMS , unless otherwise indicated in the mitigation measures identified in the Mitigation Monitoring and Reporting Program (MMRP) March arch 2012 as identified in the 2009 Final EIR and as modified by the 2012 Addendum to the Final EIR. In addition, the following mitigation. measures shall be taken in order to reduce noise event impacts to nearby receptor areas: a ) Delivery trucks shall be turned off while unloading products at the loading dock. b Construction equipment shall be have quiet design features, be we ll- maintained, and have a high quality muffler system, c Temporary plywood -enclosures shall be erected around stationary equipment that produces excessive noise at nearby receptors, d Unnecessary idling of machines when not in use shall be prohibited. e Good maintenance' and lubrication procedures shall be used to reduce operating noise. 56. GREEN BUILDING The applicant shall obtain DEED certification designation for the hotel, office and senior housing 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 buildings to DEED certification standards., but will not be required to certify these buildings as 1 Resolution No, 1 -054 LEED certified. The applicant shall also provide solar hot water heating for any pools provided on the project site. 57, TRANSPORTATION DEMAND MANAGEMENT The applicant shall commit to implementing a transportation demand management (TDM) plan incorporating solutions as indicated in the mitigation measures identified in the Mitigation Monitoring and Reporting Programs. MM .P dated March 2012 as identified in the 2009 Final EIR and as modified by the 2012 Addendum to the Final EIR, that may include parking cash -out and eco passes for employees, valet for customers and off -site parking options. The T M plan including the projected funding shall be reviewed and approved by the Director of Community Development Director prior to issuance of building permits. 58, UTILITY STRUCTURES All new utility structures shall be located underground or screened from public view to the satisfaction of the Director of Community Development and Public Works. s. 59. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official and shall meet the mandatory requirements of the Cal Green Building Code. The applicant shall provide evidence that materials will be recycled prior to issuance of final demolition permits. 60, CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development pment epartment. 61. NOTICE LLS I E ICATI NS RESERVATIONS OIL OTHER EXACTIONS The Conditions of Project Approval set forth herein ma y include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) these Conditions constitute written notice of a statement of the aunt of such fees, and a description of the dedications, reservations, mid other exactions. You are hereby further notified that the 90-day approval period in which you may protest these Fees, dedications, reservations, and other exactions, pursuant to Government Code Section 62a, has begun. if you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 62. PUBLIC ART The applicant shall provide public art in accordance with General Plan policy 2- 66. Public art shall be installed on the project site prior to final occupancy of the last building completed in the first phase. The public art shall be valued at a ininimur of one - quarter percent (1/4%) of the total project budget, not to exceed 10 0, 0 0 0. The applicant shall submit a public art plan to be reviewed by the Pine Arts Commission prior to installation of the public art. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. These conditions are not intended to be exhaustive. Additional conditions may need to be addressed, prior to issuance of i in m ; based potential modifieations to the it 's usage andlor layout. 1 Resolution Igo, 12-054 3. STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. CURB AND GUTTER IMPROVEMENTS Curbs and gutteis, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 65. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer, Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site i. located, 66, FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire ]department as needed. 67, GRADING 08 Grading shall be as approved and required by the City Engineer in accordance with chapter 16. . of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional water Quality Control Board as appropriate, 68, DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer, Hydrology and pre- and post- development hydraulic calculations must be provided to indicate whether additional storm water i control measures are to be constructed or renovated. The storm drain system may include, but s not limited to, subsurface storage of peak storrnwater flows s needed), low impact development facilities, or other approved means, to reduce the amount of runoff from the site and to improve storm water quality. The storm drain system shall be designed to detain water on -site (e.g., via buried pipes or storage structures) as necessary to avoid an increase of one percent flood water surface elevation of the culvert to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. Hydro - modification measures may be required as directed by the Municipal Regional Permit. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities ordinance No, 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices, The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 70. IMPROVEMENT AGREJ EMLNT The project developer shall enter into a development agreement with the City of Cupertino providing including 4 � � inspection r vidi for payment of Fees, including but not limited to cheeping and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits 1 Resolution No. 12.054 Fees: a. Checking & Inspection Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: . Park Fees: h. Street Tree % of off -Site Improvement Cost or $4,101.00 minimum % of Site Improvement Cost or $2,387.00 minimum $ 33000.00 TB l $85052.00 $ per Municipal Code (oar an equivalent park land dedication) By Developer Based on the latest effective PG &E rate schedule approved by the PLC Bonds: Faithful Performance Bond: 100% of Off -site and -site' lmpr ment Labor & Material Bond: 1 % of ff -site and On- site Improvement ent On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council, However, ever, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes,. the fees changed at that time will reflect the then current fee schedule. 71. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be' screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. The transformer{ shall not be loeated in the front or side building setback area. 72, BEST MANAGEMENT ` PISA TIC S Utilize Best Management Practices BMPs, as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 73. DEDICATION of WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with California Water Services Company for water service to the subject development. 74. NI DES CONSTRUCTION GENERAL PERMIT The developer must obtain a Notice of Intent (N01) from the State Water Resources Control Board, which encompasses preparation of a Storni Water Pollution Prevention Plan SWPPP , use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BlP inspection and maintenance. 1 Resolution No, 12-054 75, C,3 REQUIREMENTS ENTS The developer shall reserve a minimum of % of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices VIPs , which must be designed per approved numeri Resolution ]o. 1 -054 be used calculating the percentage 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 issuing building permits, with the proviso that the funds be committed to this specific improvement in accordance of section 66000 et. seq, of the California Government Code. 82. PUBLIC ACCESS EASEMENT The Developer shall provide, to the satisfaction of the City Engineer, a public access easement across the site, over the park and over the town center. The easement shall link Stevens Creel Boulevard with vallco Parlay, the park and the town center. Public access easements shall include access for both vehicular and pedestrian travel, and skull be shown and recorded on the Final lap. Public access areas may not be closed off without the consent and approval of the Public Works Department, and shall be governed by the Joint Use Agreement recorded within the project's Covenants, Conditions and Restrictions CC &R's. 83, PEDESTRIAN IMPROVEMENTS. The developer shall provide. pedestrian improvements along the property frontage, including crosswalk improvements at adjoining intersections. Final crosswalk improvement plan shall be reviewed and approved by the City Engineer. 4, BUS STOP LOCATION The developer shall improve bus stops on Stevens Creep Boulevard along the pro j'ect frontage and the immediate vicinity of the project site to the satisfaction of the City Engineer; this may include consistent shelters for the bus stops, but will not include duck outs or relocation of the bus stops. 85. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices MUTCD standards for all signage and striping work throughout the City, TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 87. TRAFFIC IC CALMING The developer shall agree to fund up to $100,000 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 shall submit a bond for this purpose which will be rreleased 5 years from the date of project occupancy. 88, EMERGENCY VEHICLE PREEMPTION TIOI FUND The Developer is required to pay $15,000.00 to fund three Emergency Vehicle Preemption devices for traffic signals at the adjacent intersections. 89. BICYCLE PARKING FX Desolation No. 12-054 The developer shall provide bicycle prkig consistent with the City's requirements to the satisfaction of the City Engineer. 90, OPERATIONS & MAINTENANCE AGREEMENT The developer shall enter into an Operations & Maintenance Agreement with the City prior to final occupancy. The Agreer ent shall include the operation and mainte .nce for noon- standard appurtenances in the public road right -of -way that may include, but is not limited to, sidewalk, pavers, and street lights. 91. TRASH ENCLOSURES The trash -enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 92. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 9. 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. 94, FIRE -PROT CTI l Fire sprinklers shall be installed in any new construction to the approval of the City, 95, SANTA CLARA WATER DISTRICT CL RANG Provide Santa Clara water district approval before recordation of the final reap, The developer shall pay for and obtain Water District permit for activities or modifications within the District easement or fee right of way or affecting District facilities. 96, STREAMSIDE PERMIT Prior to issuance of a building permit, the developer shall provide plans and information that satisfies the requirements of the Stream Side Permit as set forth by the Santa Clara valley Water Resources Protection Collaborative, These items include, but are not limited to,, topographic survey, specific measures to protect strews and/or vaterbodies from water quality impacts, coordination with all interested jurisdictional agencies, etc. 97. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 98, SANTA A CLARA COUNTY FIRE DEPARTMENT letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. 99, UTILITY EASEMENTS Resolution 1 . 12-054 Clearance approvals from the agencies with easements on the property (including PG&E, Pay Bell, and California Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. 100, CALIFoRN A WA'D'ER SERVICE COMPANY CLEARANCE Provide California water Service Company approval before recordation of the final map. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15t" day of lay, 2012, by the following vote: Vote Members of the City Council AYES: Santoro, Mahoney, Chang, Sinks, Wong NOES: Notre ABSENT: None ABSTAIN: None ATTEST: Grace Schmidt, City Clerk APPROVED: '7 4� aow�� Marls Santoro, Mayor, City of Cupertino